No. 29212 (Amendment): R315-312. Recycling and Composting Facility Standards

DAR File No.: 29212
Filed: 11/09/2006, 03:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is changed to clarify the wastes that may not be accepted for composting by a composting facility and to include submittal of information required by changes made in the historical preservation statute made in the 2006 legislative general session (H.B. 139). (DAR NOTE: H.B. 139 (2006) is found at Chapter 292, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

The rule is changed to clarify that a composting facility may not accept asbestos waste, hazardous waste, waste containing polychlorinated biphenols (PCBs), or treated wood for composting. Also, the rule is change to have composting facilities, that compost municipal solid waste, sewage treatment sludge, and septage, require the generator of these materials to certify that the materials contain no hazardous waste, no PCBs, and no treated wood. The rule is changed to require that compost facilities meet the siting criteria for submittal of an archaeological survey.

State statutory or constitutional authorization for this rule:

Sections 19-6-105 and 19-6-108, and Subsection 9-8-404(1)

Anticipated cost or savings to:

the state budget:

The rule change does not affect state agencies and the enforcement and oversight of the rule will not change. Therefore, no cost or savings impact is anticipated for the state budget.

local governments:

Those parts of the rule that are clarified but the requirements of the rule are not changed will result in no cost or savings impact to local governments beyond that required by current statute or rule. The change requiring submittal of an archaeological survey is implementing existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact. The cost to screen the waste received and reject unacceptable waste may increase for some facilities; however, most compost facilities are conducting this screening and therefore, their costs will not change.

other persons:

Those parts of the rule that are clarified but the requirements of the rule are not changed, no cost or savings impact to other persons beyond that required by current statute or rule is anticipated as a result of the rule change. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact. The cost to screen the waste received and reject unacceptable waste may increase for some facilities; however, most compost facilities are conducting this screening and therefore, their costs will not change.

Compliance costs for affected persons:

For those parts of the requirements of the rule that are clarified and not changed, no compliance cost or savings impact for affected persons is expected beyond that required by current statute or rule as a result of the proposed rule change. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative general session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact. The cost to screen the waste received and reject unacceptable waste may increase for some facilities; however, most compost facilities are conducting this screening and therefore, their costs will not change.

Comments by the department head on the fiscal impact the rule may have on businesses:

For those parts of the requirements of the rule that are clarified and not changed, no compliance cost or savings impact for businesses is expected beyond that required by current statue or rule as a result of the proposed rule change. The change requiring submittal of an archaeological survey implements existing requirements of the historical preservation statute passed in the 2006 legislative session (H.B. 139); therefore, no cost is anticipated. The fiscal note attached to the bill making the changes to the historical statute showed no fiscal impact. The cost to screen the waste received and reject unacceptable waste may increase for some facilities; however, most compost facilities are conducting this screening and therefore, their costs will not change. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Ralph Bohn at the above address, by phone at 801-538-6794, by FAX at 801-538-6715, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/02/2007

This rule may become effective on:

01/31/2007

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-312. Recycling and Composting Facility Standards.

R315-312-3. Composting Requirements.

(1) No new composting facility shall be located in the following areas:

(a) wetlands, watercourses, or floodplains; or

(b) within 500 feet of any permanent residence, school, hospital, institution, office building, restaurant, or church.

(2) Each new compost facility shall meet the requirements of Subsection R315-302-1(2)(f)

[(2)](3) Each owner or operator of a composting facility, in addition to the operational plan required in Subsection R315-312-2(1), shall develop, keep on file, and abide by a plan that addresses:

(a) detailed plans and specifications for the entire composting facility including manufacturer's performance data for equipment;

(b) methods of measuring, grinding or shredding, mixing, and proportioning input materials;

(c) a description and location of temperature and other types of monitoring equipment and the frequency of monitoring;

(d) a description of any additive material, including its origin, quantity, quality, and frequency of use;

(e) special precautions or procedures for operation during wind, heavy rain, snow, and freezing conditions;

(f) estimated composting time duration, which is the time period from initiation of the composting process to completion;

(g) for windrow systems, the windrow construction, including width, length, and height;

(h) the method of aeration, including turning frequency or mechanical aeration equipment and aeration capacity; and

(i) a description of the ultimate use for the finished compost, the method for removal from the site, and a plan for the disposal of the finished compost that can not be used in the expected manner due to poor quality or change in market conditions.

[(3)](4) Composting Facility Operation Requirements.

(a) Operational records must be maintained during the life of the facility and during the post-closure care period, which include, at a minimum, temperature data and quantity and types of material processed.

(b) All waste materials collected for the purpose of processing must be processed within two years or as provided in the plan of operation.

(c) All materials not destined for processing must be properly disposed.

(d) Turning frequency of the compost must be sufficient to maintain aerobic conditions and to produce a compost product in the desired time frame.

(e) During the composting process, the compost must:

(i) maintain a temperature between [140]104 and [160]149 degrees Fahrenheit ([60]40 and [71]65 degrees Celsius) for a period of not less than [seven]five days; and

(ii) reach a temperature of not less than 131 degrees F (55 degrees C) for a consecutive period of not less than four hours during the five day period.

(f) The following wastes may not be accepted for composting:

(i) asbestos waste;

(ii) Hazardous waste;

(iii) [or ]waste containing PCBs; or

(iv) treated wood[shall not be accepted for composting].

(g) Any composting facility utilizing municipal solid waste, municipal sewage treatment sludge, water treatment sludge, or septage shall require the generator to characterize the [sludge]material and certify that any [sludge]material used is nonhazardous, contains no PCB's, and contains no treated wood.

[(g)](h) If the composting operation will be utilizing domestic sewage sludge, septage, or municipal solid waste:

(i) compost piles or windrows shall be placed upon a surface such as sealed concrete, asphalt, clay, or an artificial liner underlying the pile or windrow, to prevent contamination of subsurface soil,[ and potential] ground water, or both [contamination ]and to allow collection of run-off and leachate. The liner shall be [designed ]of sufficient thickness and strength to withstand stresses imposed by compost handling vehicles and the compost itself;

(ii) run-off systems shall be designed, installed and maintained to control and collect the run-off from a 25-year storm event;

(iii) the collected leachate shall be treated in a manner approved by the Executive Secretary; and

(iv) run-on prevention systems shall be designed, constructed, and maintained to divert the maximum flow from a 25-year storm event.

[(h)](i) If the Executive Secretary determines that a composting operation, which composts materials other than domestic sewage sludge, septage, or municipal solid waste, is likely to produce a leachate that in combination with the hydrologic, geologic, and climatic factors of the site will present a threat to human health or the environment, the Executive Secretary may require the owner or operator of the composting facility to meet the requirements specified in Subsection R315-312-3(3)(g).

[(i)](j) The finished compost must contain no sharp inorganic objects and must be sufficiently stable that it can be stored or applied to land without creating a nuisance, environmental threat, or a hazard to health.

[(4)](5) Composting Facility Closure and Post-closure Requirements.

(a) Within 30 days of closure, a composting facility shall:

(i) remove all piles, windrows, and any other compost material on the composting facility's property;

(ii) remove or revegetate compacted compost material that may be left on the land;

(iii) drain ponds or leachate collection system if any, back-fill, and assure removed contents are properly disposed;

(iv) cover if necessary; and

(v) record with the county recorder as part of the record of title, a plat and statement of fact that the property has been used as a composting facility.

(b) The post-closure care and monitoring shall be for five years and shall consist of:

(i) the maintenance of any monitoring equipment and sampling and testing schedules as required by the Executive Secretary; and

(ii) inspection and maintenance of any cover material.

 

R315-312-4. Requirements for Use on Land of Sewage Sludge, Woodwaste, and Other Organic Sludge.

(1) Any facility using domestic sewage sludge or septage on land is exempt from the requirements of Section R315-312-4 [but is regulated]when the facility has a permit or other approval under the applicable requirements of Rule R317-8 and 40 CFR 503 issued by the Utah Division of Water Quality.

(2) Any facility using organic sludge, other than domestic sewage sludge or septage, or untreated woodwaste on land shall comply with the recycling standards of Section R315-312-2.

(3) Only agricultural or silvicultural sites where organic sludge or untreated woodwaste is demonstrated to have soil conditioning or fertilizer value shall be acceptable for use under this subsection, provided that the sludge or woodwaste is applied as a soil conditioner or fertilizer in accordance with accepted agricultural and silvicultural practice.

(4) A facility using organic sludge or untreated woodwaste on the land in a manner not consistent with the requirements of Section R315-312-4 must meet the standards of Rule R315-307.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [October 15, 2003]2007

Notice of Continuation: March 14, 2003

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108