3745-560-01 Composting facilities - applicability.

(A) This chapter is the program chapter for composting facilities.

(B) Except as otherwise provided in paragraph (E) of this rule, this chapter shall apply to any person who establishes or operates a solid waste composting facility in the state of Ohio.

(C) In addition to the multi-program rules made applicable by reference in this chapter, the following multi-program rules apply to this chapter:

(1) Rule 3745-500-35 of the Administrative Code which pertains to relationships among authorizing documents, rules, and the authority of the director and board of health.

(2) Rule 3745-500-210 of the Administrative Code which pertains to a variance from this chapter.

(3) Rule 3745-500-220 of the Administrative Code which pertains to an exemption from this chapter.

(D) The compost distribution requirements of rules 3745-560-220 and 3745-560-320 of the Administrative Code shall not apply to the owner or operator of a class II or class III composting facility provided that the following conditions are met:

(1) The owner or operator composts only those feedstocks, bulking agents, and additives authorized by rule for their class of facility.

(2) All compost produced is utilized exclusively on property owned by the owner of the facility.

(E) This chapter shall not apply to the following:

(1) Any person composting yard waste, agricultural waste, animal waste, food scraps, bulking agents, and additives within an aggregate area not greater than three hundred square feet on any premises in a manner that noise, dust, and odors do not constitute a nuisance or health hazard and does not cause or contribute to surface or ground water pollution.

(2) Animal and crop production operations. Composting facilities that compost yard waste, agricultural waste, animal waste, food scraps, and bulking agents generated from animal or crop production operations provided that the following conditions are met:

(a) The owner of the composting facility is the same as the owner of the animal or crop production operation where the yard waste, agricultural waste, animal waste, food scraps, and bulking agents are generated.

(b) The composting facility is located on property owned by the animal or crop production operation.

(c) The composting facility is operated in such a manner that noise, dust, and odors do not constitute a nuisance or health hazard and does not cause or contribute to surface or ground water pollution.

(d) All compost produced is utilized exclusively at the animal or crop production operation.

(3) On-farm mortality composting. Except as otherwise provided in section 3734.029 of the Revised Code, composting facilities that compost animal carcasses pursuant to section 1511.022 of the Revised Code and distribute for use or give away compost are subject to the compost quality standards requirements established in rules 3745-560-220 , 3745-560-225 , and 3745-560-230 of the Administrative Code.

(4) Restricted yard waste composting facilities. Composting facilities that compost yard waste and bulking agents provided that the following conditions are met:

(a) The owner or operator composts only yard waste and bulking agents generated by the owner of an operation engaged in providing lawn mowing or landscaping services or operations that generate yard waste while lawn mowing or landscaping the owner's premises.

(b) The owner of the composting facility is the same as the owner of the operation.

(c) The composting facility is located on the owner's property.

(d) The limits of materials placement on the facility site are less than twelve hundred square feet of total area.

(e) The composting facility is operated in such a manner that noise, dust, and odors do not constitute a nuisance or health hazard and does not cause or contribute to surface or ground water pollution.

(f) All compost produced is utilized exclusively on the owner's property. The use of the compost in plant potting media by nurseries and greenhouses that grow plant stock is considered use on the owner's property for the purposes of this rule.

(5) Sewage sludge composting. Sewage sludge composting with solid wastes when that sewage sludge composting is sewage sludge treatment or disposal pursuant to Chapter 3745-40 of the Administrative Code and is authorized by a current permit issued under Chapter 6111. of the Revised Code.

Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.028 , 3734.12
Rule Amplifies: 3734.02 , 3734.028 , 3734.029 , 3734.12