06- 096 C.M.R. ch. 410, § 4

Current through 2024-51, December 18, 2024

Section 096-410-4 - Operating Requirements

Each composting facility subject to licensing under sections 2 and 3 or section 6 of this Chapter must comply with the following operating requirements. The composting facility must be operated and maintained in a manner that assures it will meet the approved design requirements; will not contaminate ground or surface water; will not contaminate the ambient air; will not constitute a hazard to health or welfare; will not create a nuisance; and will meet the standards in 06-096C.M.R. ch. 400(4). Facilities with an existing solid waste composting license are required to operate in compliance with the provisions of this section.

A.Operations Manual. All composting facilities must be operated in accordance with a Department-approved operations manual that incorporates the operating requirements of its license and these rules. This manual must be available for inspection by Department staff during normal business hours. The facility's operations manual must be updated to keep current with revisions at the composting facility.

The operations manual must include the information that would enable supervisory and operating personnel, and persons evaluating the operation of the facility, to determine the sequence of operation, policies, procedures, monitoring, maintenance, inspection, and legal requirements that must be followed for safe and environmentally sound operation on a daily and yearly basis. The composting facility must be operated and maintained in a manner that assures it will meet the approved design requirements, will not contaminate ground or surface water, contaminate the ambient air, constitute a hazard to health or welfare, create a nuisance, and will meet the standards in 06-096C.M.R. ch.400(4). The manual must address all items contained in this section including the environmental monitoring plan, if required by the Department, and the odor control plan.The manual must also include a copy of the facility license, any amendments and revisions to that license, and a copy of the applicable sections of the most recent Solid Waste Management Regulations.

B.General Operations

(1)Personnel: The operation of the composting facility must be under the overall supervision and direction of a person qualified and experienced in the operation of that type of facility or, in the case of an innovative design, be adequately trained by responsible personnel in the operation of the facility. The facility operator must take whatever measures are necessary to familiarize all personnel responsible for operation of the facility with relevant sections of the operations manual.

(2)Equipment:Equipment must be sufficient to meet the requirements, and the operator must provide for the routine maintenance of equipment.

(3)Environmental Monitoring:If required by the Department, the operator must implement the approved environmental monitoring program, including any required waste characterization.

(4)Fire Protection: The operator shall prevent and control fires at the composting facility by complying with at least the following:

(a) Arrange for a nearby fire department to provide emergency service whenever called;

(b) Develop and implement a plan to prevent spontaneous combustion in wood waste, residual and compost piles, as applicable; and

(c) Provide and maintain sufficient on-site equipment, such as detachable fire extinguishers, for minor fires.

NOTE: Facilities should develop a fire and rescue plan in conjunction with the local fire department.

(5)Vector Control: The on-site population of disease vectors must be minimized to protect public health.

(6)Dust Control: The operator must control dust generated by the facility.

(7)Storage

(a) Raw materials, wastes, secondary materials, residue, including compost screenings, and finished compost, must be stored on the site such that they remain suitable for the intended use and may not be stored at the facility for more than 2 years;

(b) Materials with a carbon to nitrogen ratio (C:N) of less than 20:1 or that may contain constituents that may leach into groundwater may not be stored on in situ soils; and

(c) Wastes, secondary materials and residue, including non-compostable compost screenings, may not be stored at the site for more than 2 years.

(8)Facility Maintenance and Litter Control: The operator must provide for routine maintenance and general cleanliness of the entire facility site, including control of windblown litter.

(9)Leachate Control: The facility must contain, collect and treat all leachate and stormwater runoff mixed with leachate.

(10)Sedimentation and Erosion Control: The facility must control sedimentation and erosion during construction and operation of the facility.

(11)Residue Disposal: The facility must provide for the routine disposal of residue, including non-compostable compost screenings, from the composting operation.

C.Access to Facility

(1) The operator must maintain suitable barriers or fencing and gates to prevent unauthorized persons access to the site. The facility gate may be unlocked or open only when an authorized person is on duty. The operator must prominently post limitations and conditions of access at each entrance to the facility, including, if applicable, the hours of operation.

(2) The operator must provide and maintain in good repair access roads at the facility site.

(3) The operator must post appropriate signs and/or other means necessary to indicate clearly where waste is to be unloaded and where the separate storage areas within the facility are located.

(4) Adequate space must be maintained to allow the unobstructed movement of emergency personnel and equipment throughout operating areas of the facility.

D.Acceptance and Distribution of Solid Waste

(1) The composting facility may only accept wastes for which it has been specifically designed and permitted by the Department. Incoming wastes must undergo a visual inspection and, if appropriate, analysis to ensure that only wastes allowed by the facility license are accepted at the facility. All other wastes must be removed and handled at an approved facility.

(2)Waste Disposal:The operator must have procedures in place, prior to the start of operation, for disposal of residue, bypass and other solid waste, including non-compostable compost screenings, generated by the composting facility, including contingency procedures for implementation during emergencies and shutdown periods. The operator must also maintain a valid contract with a solid waste facility which has Department approval to accept the waste.

(3) The facility may not incorporate painted wood, treated wood, plywood, chipboard, plastic, wood with fasteners, nails, glue, adhesives, resins, paint or coatings, or wood that is otherwise contaminated into the composting process. All such wood, if received at the facility, must be stored separately from wood used as amendment in the composting process and disposed in an approved solid waste disposal facility.

E.Odor Control

(1) For facilities other than those that compost wastewater treatment sludge from publicly owned treatment works and facilities that compost septage:

(a) The facility must be operated to prevent nuisance odors at occupied buildings.

(b) Facility personnel must immediately contact the Department's Solid Waste Management Division to report odor complaints received by the facility. The Department, after investigation, will determine whether the facility has caused a nuisance odor at an occupied building. Facility personnel must, within 30 days of a Department determination of an off-site odor nuisance, report to the Department's Solid Waste Management Division, in writing, causes of odor generation and completed or planned follow-up action to minimize, control, and/or treat the odors from the facility.

(2) For facilities that compost wastewater treatment sludge from publicly owned treatment works and facilities that compost septage:

(a)Standards. The facility may not create nuisance odor, as defined in this subsection, at or beyond the property boundary. The Department may determine that an odor attributable to the facility constitutes a nuisance if present at such frequency, intensity, duration, and offensiveness to unreasonably interfere with the enjoyment of property or the environment. The Department may also reasonably determine that an odor event as defined by a single occurrence of odor warrants further evaluation in accordance with paragraph b(i). Additionally, the Department may determine that further evaluation of an odor event is warranted in accordance with paragraph b(i) based upon multiple odor complaints verifiable by a combination of the following: meteorological conditions such as wind direction at the time of complaint, knowledge of waste storage and placement practices at the time of complaint, previous facility inspections, and other site-specific information.

NOTE: The Department's standards with respect to nuisance odor as set forth in this rule are not intended to define the criteria for a civil action for private nuisance as defined by statute or common law.

(i) The following standards apply to a facility upon the detection of an odor based on the modified 5-point odor intensity referencing scale, as determined by Department staff trained in odor evaluation, or other trained persons approved by the Department:

a. Odor shall constitute a nuisance if the Department determines the presence of an odor at an intensity of 4 or greater for any period of time; or

b. Odor may constitute a nuisance based upon the Department's review of an odor event consisting of the following:

i. An intensity greater than or equal to 3 for a duration of 15 minutes or more. At least 2 odor assessments must be made within the 15-minute period. An odor assessment means a single evaluation of odor; or

ii. An intensity greater than 2 for a duration of 60 minutes or more. At least 3 odor assessments must be made within the 60-minute period.

NOTE: Preparation of the modified 5-point odor intensity referencing scale is described in Appendix C.

(ii)Alternative Odor Measurement Technology.The Department may allow the use of an alternative odor measurement technology based upon a successful demonstration that the proposed alternative will provide equal or superior performance to the modified n-butanol odor intensity referencing scale. If previously approved in an odor management plan, the Department may also allow a facility to demonstrate compliance with the intent of paragraph a(i)(b) based upon the measurements of a site-specific odorant of concern.

(iii)Allowances. The Department may allow temporary exceedances of the standard of paragraph a(i)(b) during short-term shutdown and malfunction events of the odor control systems and, with prior authorization, during short-term construction activities provided that all of the following conditions are met:

a. Reasonable methods are used to control, reduce or eliminate odor;

b. The odor management plan is being implemented;

c. Procedures are established to notify the Department and the affected community; and

d. Shutdown and malfunction events are corrected as soon as practicable.

(b)Odor Response Procedures. Odor response procedures must include the elements of this paragraph.

(i)Odor Event Evaluation. The owner/operator of a facility identified by the Department as potentially responsible for a nuisance odor must investigate the odor event and report the results of the investigation to the Department. The investigation must include an evaluation of:

a. Facility operations at the time of the exceedance including waste handling and management activities;

b. Meteorological conditions such as wind direction, temperature, and humidity at the time of the exceedance;

c. Odor monitoring data;

d. Potential response actions and/or a summary of response actions performed; and

e. Other pertinent site-specific information.

(ii)Review of Odor Event(s). The Department shall review the information related to the odor event(s) and may determine that the facility is creating nuisance odor and that an odor management plan, including a specific proposal which addresses the odor event, must be submitted for Department review and approval and implemented in accordance with Section 3(G)(2) of this Chapter.

F.Record Keeping. The facility operator must maintain the following records and make the records available for Departmental inspection and copying for the duration of the facility operation and a minimum oftwo (2) years after facility closure:

(1) When applicable, as-built engineering drawings of the facility;

(2) Results of analyses required by this Chapterand/or facility license;

(3) The Department-approved operations manual meeting the requirements of this section;

(4) Records of odor monitoring data, exceedances, response actions and complaints, if any;

(5) Copies of periodic and annual reports submitted to the Department; and

(6)Operations Log: An operations log must be kept at any composting facility that is operated to reduce the pathogen content, reduce vector attraction properties, reduce putrescibility, reduce the carbon to nitrogen ratio, or otherwise stabilize a residual. The operations log must contain the source and volume of residuals received on a daily basis; the mixture of residuals composted at the facility; composting monitoring data; date, time and type of samples obtained from the facility; and volume and type of residuals and finished compost distributed from the facility on a daily basis, including to whom the residuals and finished compost are distributed.

G.Periodic Reporting. Licensees must submit periodic reports to the Department containing the results of environmental monitoring, including waste characterization, and any other information required in accordance with the facility license. Reporting periods will be identified in the individual facility license.

H.Annual Report. By February 28^thof each year, the facility operator must pay the annual facility reporting fee established in Maine law, and submit an annual report to the Department for review. The annual report must include a summary of activity at the composting facility during the previous calendar year. The annual report must summarize the facility's activities, and at a minimum include the following:

(1) Volume, source and type of wastes received by the facility;

(2) Volume of compost produced;

(3) Volume of compost, raw feedstocks, waste and residue, including non-compostable compost screenings, distributed off-site, and the locations to which any such items were distributed;

(4) Volume of compost, raw feedstocks, waste, secondary material, and residue, including non-compostable compost screenings, stored on site as of December 31^st;

(5) A general summary of the composting operation including problems encountered and follow-up actions, changes to the facility operation, and a summary of odor or other complaints received by the facility during the previous year;

(6) A discussion of any odor problems, and a discussion of any factors, either at the facility or elsewhere, which affected the operation, design, or environmental monitoring program of the facility.

(7) A summary of odor monitoring data, exceedances, response actions and complaints, if any;

(8) Other alterations to the facility site not requiring Departmental approval that have occurred during the reporting year. Minor aspects of the facility site proposed to be changed in the current year may be described in the annual report. Changes handled in this manner are those that do not require licensing under minor revision or amendment provisions of 06-096C.M.R. ch.400; and

(9) A summary and evaluation of the past year's environmental monitoring program results, if required by the Department.

I.Facility Closure

(1)Closure Performance Standard: The facility must be closed in a manner that minimizes the need for further maintenance; and so that the closed facility will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. At a minimum, the applicant must remove all compost, wastes, secondary materials, leachate and leachate-contaminated sediment, and residue, including compost screenings, from the facility. The applicant must stabilize all site soils in accordance with Maine erosion and sediment control best management practices. The applicant must broom clean the facility structures and equipment.

(2)Closure Plan: The operator of a composting facility shall submit a closure plan to the Department, for review and approval, a minimum of ninety (90) days prior to the proposed date of the closure of a solid waste composting facility. The plan must include:

(a) A description of the proposed closing operation;

(b) A schedule for the removal of all stored compost, wastes, secondary material, leachate and leachate-contaminated sediment, and residue, including compost screenings; and

The intended destination of all stored compost, wastes, secondary material, leachate and leachate-contaminated sediment, and residue, including compost screenings.

06- 096 C.M.R. ch. 410, § 4