Section 096-410-1 - ApplicabilityThis Chapter applies to solid waste composting facilities including certain Agricultural Composting Operations. A solid waste composting facility license under the Maine Solid Waste Management Rules: General Provisions, 06-096C.M.R. ch.400 and this Chapter is required to locate, establish, construct or operate any new composting facility or to alter an existing composting facility, unless that facility is exempt from licensing under these rules. Agricultural Composting Operations which are not exempt from licensing under the provisions of section 1(B) of this Chapter are subject to the requirements of sections 2 through 4 or section 6 of this Chapter.
A.Facilities Subject to the Requirements of this Chapter.A composting facility is any land area, structure, equipment, machine, device, system, or combination thereof that is operated to biologically decompose organic residuals under predominantly aerobic conditions and controlled temperatures between 110° and 160° F.B.Facilities Not Subject to the Requirements of this Chapter.In addition to the facilities listed in 06-096C.M.R. ch. 400(2)(I), the following facilities conducting only the specified activities listed are exempt from the requirements of this Chapter: NOTE: See 06-096C.M.R. ch.400(1) for a full definition of residual types. Type IA residuals are leaf, vegetative and other residuals with a C:N ratio of greater than 25:1. Type IB residuals are food and other residuals with a C:N ratio of between 25:1 to 15:1. Type IC residuals are fish and other residuals with a C:N ratio of less than 15:1. C:N refers to the ratio of available carbon to nitrogen of the raw residual prior to composting. See AppendixA of this Chapter for a list of typical C:N ratios for various residuals. The lower the initial C:N the higher the potential for generation of nuisance odors and leachate generation. Type II residuals are sewage sludge, septage, and other residuals that may contain human pathogens. Type III residuals are petroleum contaminated soils and other residuals that may contain hazardous substances above risk based standards in 06-096C.M.R. ch. 418, Appendix A.
(1) Facilities that, in any thirty (30) consecutive day period, receive for composting less than: (a) Ten (10) cubic yards of Type IA residuals; and/or(b) Five (5) cubic yards of either Type IB or IC residuals;(2) Facilities that compost domestic animal and poultry carcasses from routine events pursuant to the Maine Department of Agriculture, Conservation and Forestry Rules and Regulations Relating to Disease Control of Domestic Animals and Poultry, 01-001C.M.R. ch.211;(3) Facilities that compost 10,000 cubic yards or less of animal manure per year; NOTE: The facilities listed in section 1(B)(1) through (3) above should comply with the Department of Agriculture, Conservation and Forestry's Best Management Practices.
(4) Agricultural Composting Operations that, in any thirty (30) consecutive day period, compost a total of between five (5) and sixty (60) cubic yards of Type IB and IC residuals, and are operated in accordance with a Compost Management Plan approved by the Maine Department of Agriculture, Conservation and Forestry;(5) Agricultural Composting Operations that compost any volume of Type IA, Type IB or Type IC waste provided that at least 70% of the finished compost product is used at appropriate agronomic rates on the farm that produced the compost within two (2) years after it is produced, and provided that the facility is operated in accordance with a Compost Management Plan approved by the Maine Department of Agriculture, Conservation and Forestry;(6) Agricultural Composting Operations that use leaves as an amendment to compost manure provided that the facility is operated in accordance a Compost Management Plan approved by the Maine Department of Agriculture, Conservation and Forestry;(7) Agricultural Composting Operations that compost offal provided that the facility is operated in accordance with a Compost Management Plan approved by the Maine Department of Agriculture, Conservation and Forestry;(8) The composting of solid waste during a Department-supervised remediation, emergency response, or research project; and Composting toilets as defined in the Maine Subsurface Wastewater Disposal Rules, 10-144C.M.R. ch.241(4)(N).
C.Transition and Relationship to Other Solid Waste Rules(1)Existing Licensed Composting Facilities(a) Licenses held by existing composting facilities that are now exempt from these rules in accordance with section 1(B) of this Chapter will lapse provided that the licensee has surrendered its composting facility license and has a Compost Management Plan approved by the Department of Agriculture, Conservation and Forestry;(b) Composting facilities previously licensed pursuant to the Maine Solid Waste Management Rules: Processing Facilities, 06-096C.M.R. ch. 409 remain in effect, subject to the conditions specified in 06-096C.M.R. ch. 400(3)(E).(2)Relationship to 06-096C.M.R. ch.409:This rule replaces those provisions of 06-096C.M.R. ch. 409 that previously addressed composting facilities.(3)Beneficial Use of Solid Waste:The beneficial use, other than agronomic utilization, of a secondary material produced by a composting facility is subject to the Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes, 06-096C.M.R. ch.418.(4)Agronomic Utilization of Residuals:The agronomic utilization of a residual produced by a composting facility is subject to the Maine Solid Waste Management Rules: Agronomic Utilization of Residuals, 06-096C.M.R. ch.419.(5)Storage:Residuals produced at composting facilities and stored at other locations in Maine prior to agronomic utilization must meet the applicable standards of 06-096C.M.R. ch.419.(6)Analysis:Characterization of waste and secondary materials required by this Chapter must be done in accordance with the applicable provisions of the Maine Solid Waste Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization, 06-096C.M.R. ch.405.06- 096 C.M.R. ch. 410, § 1