3745-560-105 Alternative materials request for class I composting facilities.

(A) The owner or operator of a class I composting facility may submit a written request to the director for approval to accept alternative materials not otherwise authorized in accordance with paragraph (B) of rule 3745-560-110 of the Administrative Code. At a minimum, a request to accept an alternative material shall include the following:

(1) The name of the composting facility where the material will be accepted and the name of the facility owner and operator.

(2) A detailed description of the material to be accepted including any available or requested analytical data.

(3) The source and suppliers of the material.

(4) The maximum amount of the material that the facility will accept on a daily basis.

(5) A detailed description that outlines the technical feasibility of the proposal.

(6) A detailed description of any impact that may result from the acceptance of the material in regard to the management of odor, litter, vectors, and leachate or other operational requirements of rule 3745-560-110 of the Administrative Code including the methods that will be used to control the impacts.

(7) Whether pathogens are expected to be present in the material and what mechanisms will be in place to prevent exposure for those in contact with the waste or the compost product produced from such wastes.

(8) Whether the owner or operator is requesting to compost the material separate from mixed solid waste.

(9) Whether the owner or operator is requesting to compost the material as a pilot project or on a permanent basis.

(10) A description of any known or potential contaminants that may cause or threaten to cause an adverse effect to the public health or safety or the environment.

(11) How the owner or operator intends to distribute or otherwise utilize the compost product.

(12) A detailed description of how the material will be processed. At a minimum, the description shall include the following:

(a) Whether the owner or operator will utilize the material as a feedstock, bulking agent, or additive.

(b) Whether the owner or operator will shred or screen the material prior to incorporation into the composting process.

(c) What equipment will be utilized.

(d) The percentage of mixture of the feedstock, bulking agent, or additive with other authorized feedstocks, bulking agents, or additives and the resulting carbon to nitrogen ratio.

(e) The method of composting utilized to maintain an appropriate environment for biological decomposition.

(f) The anticipated moisture level of the incoming feedstock, bulking agent, or additive and the anticipated moisture levels after mixing with other authorized feedstocks, bulking agents, or additives.

(13) The revised closure cost estimate prepared in accordance with rule 3745-560-05 of the Administrative Code.

(14) Any other information deemed necessary by Ohio EPA.

(B) The director may approve and condition a request submitted in accordance with this rule when the following are determined:

(1) The use of the alternative material is technically feasible for composting and the owner or operator will use a technically appropriate composting method.

(2) The owner or operator has sufficient resources including but not limited to equipment, personnel, and facility capacity to manage and process the alternative material.

(3) The owner or operator is capable of maintaining an appropriate moisture level, carbon to nitrogen ratio, and an environment suitable to the composting process.

(4) The process used for composting alternative materials of pathogen concern will minimize the risk of exposure from pathogens and will not cause a substantial threat to public health or safety or the environment.

(5) The owner or operator of the composting facility is in substantial compliance with Chapter 3734. of the Revised Code, this chapter, and all other applicable laws and regulations.

(6) The acceptance of the alternative material is unlikely to cause violations of Chapter 3704. or 6111. of the Revised Code, this chapter, or any other applicable federal or state laws.

(7) The acceptance, processing, and use of the material will not otherwise cause or threaten to cause an adverse effect to public health or safety or the environment.

(8) The submitted analytical data demonstrates that the alternative material exceeds the parameters specified in rule 3745-560-130 of the Administrative Code, but the applicant has demonstrated that the compost produced with that material will meet the compost quality standards specified in rule 3745-560-130 of the Administrative Code.

(C) The director may establish compost quality standards for the alternative materials requested to protect public health and safety and the environment.

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 , 3734.12