3745-560-210 Operational requirements for class II composting facilities.

(A) Authorizing documents. The owner or operator shall operate the facility in accordance with applicable authorizing documents. The owner or operator shall have a copy of applicable authorizing documents available for inspection by Ohio EPA or the approved board of health during normal operating hours.

(B) Authorized materials. The owner or operator shall only accept yard waste, agricultural waste, animal waste, food scraps, bulking agents, and additives. The owner or operator may accept alternative materials, as approved by the director pursuant to rule 3745-560-205 of the Administrative Code.

(C) Prohibited material management. The owner or operator shall not accept any prohibited material at the facility.

(1) Prohibited material includes but is not limited to the following:

(a) Any solid waste, feedstock, bulking agent, or additive other than those feedstocks, bulking agents, or additives authorized by paragraph (B) of this rule.

(b) Commingled yard waste.

(c) Construction and demolition debris, except for construction and demolition debris that meets the definition of clean untreated wood.

(d) Hazardous waste.

(e) Infectious waste.

(f) Asbestos including "asbestos-containing waste material" as defined in rule 3745-500-02 of the Administrative Code.

(g) Batteries.

(h) Wastes that may include heat stabile toxins produced by microorganisms including but not limited to improperly processed foods that are contaminated or likely to be contaminated with Clostridium botulinum.

(i) Any other material that the facility is otherwise prohibited to accept under federal or state laws.

(2) If prohibited material is detected, the owner or operator shall immediately do the following:

(a) Remove the prohibited material from the materials placement area.

(b) Manage the prohibited material in accordance with applicable laws and regulations.

(c) Record incidents in the log of operations.

(D) Methods of composting. The owner or operator shall manage authorized materials by utilizing one of the following methods of composting:

(1) Windrow composting. The windrow construction, carbon to nitrogen ratio, moisture content, and turning frequency shall enable controlled biological decomposition under primarily aerobic conditions to be maintained throughout the composting process. Windrows shall be constructed parallel to the line of slope on the site and turned at a minimum four times per year to mix materials, distribute moisture and heat, increase porosity, and change the location of materials in a pile or windrow to ensure consistent composting. If a windrow is in place for at least twelve months, it shall have been turned a minimum of four times during that that period.

(2) In-vessel composting. The construction, loading, carbon to nitrogen ratio, moisture content, and turning frequency shall enable controlled biological decomposition under primarily aerobic conditions to be maintained throughout the composting process.

(3) Aerated static pile composting. The construction, including the aeration system, carbon to nitrogen ratio, and moisture content, shall enable controlled biological decomposition under primarily aerobic conditions to be maintained throughout the composting process.

(4) Static pile composting. The construction, carbon to nitrogen ratio, moisture content, and turning frequency shall enable controlled biological decomposition under primarily aerobic conditions to be maintained throughout the composting process. Static piles shall be turned at a minimum two times per year to reintroduce oxygen into the composting process.

(5) Other methods. The owner or operator may submit a written request to the director for approval of an alternative composting method. The request shall include at a minimum a detailed description of the alternative composting method and how the method will enable controlled biological decomposition and comply with the operational requirements specified in this rule.

(E) Authorized materials management. The owner or operator shall distribute compost product at a minimum rate of one fourth the amount of material received the previous calendar year.

(F) Certified operator. The owner or operator shall ensure that the technical operation and maintenance of the composting facility is under the responsible charge of an operator certified by the director as having completed the operator training required by Chapter 3734. of the Revised Code and rules adopted thereunder.

(G) Containers management. The owner or operator shall properly manage any containers used to transport authorized materials to a composting facility according to the following:

(1) Compostable containers shall be shredded or otherwise processed to increase the exposed surface area for composting prior to incorporation into the composting process.

(2) Feedstocks, bulking agents, and additives shall be removed from containers that do not meet the definition of compostable containers prior to incorporation into the composting process. These containers shall not be shredded and shall be managed as solid waste.

(H) Operational control. The owner or operator shall operate the composting facility in such a manner that does the following:

(1) Controls noise, dust, and odors so as not to cause a nuisance or a health hazard.

(2) Controls the attraction, breeding, and emergence of insects, birds, rodents, and other vectors so as not to cause a nuisance or a health hazard. The owner or operator shall initiate vector control measures as deemed necessary by the approved board of health or Ohio EPA.

(3) Prevents the occurrence of fire, the spread of fire, and extinguishes fire. The owner or operator shall act immediately to prevent the spread of fire and extinguish fire.

(4) Employs reasonable measures to collect, properly contain, and dispose of scattered litter.

(5) Prevents the creation of water pollution as to not violate Chapter 6111. of the Revised Code or any rules adopted thereunder.

(6) Prevents the creation of air pollution as to not violate Chapter 3704. of the Revised Code or any rules adopted thereunder.

(I) Facility access. The owner or operator shall do the following:

(1) Employ reasonable measures to limit access to the composting facility by non-employees during non-operating hours or in the absence of operating personnel.

(2) Maintain materials placement areas and access roads within the facility boundary in such a manner to allow facility operations and access at all times with minimum erosion and ponding of surface water.

(3) Exclude domestic and farm animals from the facility, except for animals utilized for security purposes or vector control.

(J) Equipment availability. The owner or operator shall have operable equipment of adequate size and quantity for the operations of the facility available at all times.

(K) Facility signage. The owner or operator shall post signs with letters not less than three inches in height at the composting facility including the receiving and distribution areas. The owner or operator shall post signs at the entrance of the composting facility that include the following statement:

"This composting facility only accepts yard waste, agricultural waste, animal waste, and food scraps, and will not accept hazardous wastes, infectious wastes, asbestos, batteries, or other prohibited materials."

(L) Wood processing. The owner or operator when accepting tree stumps, trunks, limbs, or clean untreated wood shall do the following:

(1) Shred or chip the tree stumps, trunks, limbs, or the clean untreated wood, prior to incorporation into the composting process and remove foreign materials including but not limited to nails and banding.

(2) Shred, chip, or remove tree stumps, trunks, limbs, and clean untreated wood at a minimum on an annual basis or more often than annually if conditions causing a nuisance or safety hazard warrant processing or removal of the tree stumps, trunks, limbs, and clean untreated wood, or when required by Ohio EPA or the approved board of health.

(M) Surface water management. The owner or operator shall do the following:

(1) Control surface water runoff and runon, prevent ponding and erosion, and minimize the impact to surface water and ground water.

(2) Manage surface water in accordance with Chapter 6111. of the Revised Code.

(3) Divert surface water from the materials placement area. The land surface of the materials placement area shall be greater than or equal to one per cent in slope and less than or equal to six per cent in slope to direct surface water to collection points or otherwise control the surface water drainage.

(4) Monitor surface water runoff or ground water as required by the director or approved board of health if a substantial threat of surface water or ground water pollution exists.

(N) Leachate management. The owner or operator shall do the following:

(1) Take action to minimize the production of leachate.

(2) Eliminate ponding of leachate and the conditions that contribute to the discharge of leachate from the composting facility.

(3) Collect and contain leachate within the boundary of the composting facility and prevent leachate from discharging to waters of the state. Leachate may be collected and contained for reintroduction into the composting process.

(4) If applicable, maintain any structures or mechanisms used for the collection or containment of leachate to prevent blockage, clogging, leakage, or breakage that may impede proper collection or containment of leachate.

(O) Cross-contamination. The owner or operator shall prevent and manage cross-contamination of feedstocks, bulking agents, additives, compost, and compost product. If cross-contamination occurs, the owner or operator shall do one of the following:

(1) Comply with the more stringent testing standard required by rule 3745-560-220 of the Administrative Code if the cross-contamination is from a more stringently tested feedstock or material.

(2) Reintroduce the compost or compost product into the composting process.

(3) Remove and properly manage the contaminated feedstock, compost, bulking agent, or additive if the cross-contamination is from a prohibited material.

(P) Food scraps management. An owner or operator who accepts food scraps shall do the following:

(1) Incorporate the food scraps into the composting process or combine with bulking agents in a manner to prevent nuisances including but not limited to odor, vectors, and litter no later than the end of operating hours, as specified in the license application, on the date of receipt.

(2) Maintain a stockpile of biofilter material to provide at a minimum a six inch cover to piles containing food scraps and apply a biofilter cover consisting of at a minimum six inches on the piles if odors, dust, or vectors are present or upon written request by Ohio EPA or the approved board of health.

(3) Control free liquid from the incoming food scraps using a berm consisting of compost, bulking agents, or other absorbent material placed around the area where the incoming material is handled and mixed.

(Q) The director, health commissioner, or board of health may order that compost or compost product be disposed in a licensed solid waste landfill if the director, health commissioner, or board of health determine that the compost or compost product does not meet the applicable standards of quality or causes or threatens to cause a nuisance or adversely affects the public health or safety or 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