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| Rule |
Rule 3745-560-01 | Composting facilities - applicability.
Effective:
October 1, 2018
(A) This chapter is the program chapter
for composting facilities. (B) Except as otherwise provided in
paragraph (D) 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) This chapter shall not apply to the
following: (1) Composting of solid wastes generated within a
single-family residence and disposed of or utilized on the premises where
generated in a manner that does not create a nuisance or health
hazard. (2) Any person composting yard waste,
agricultural plant materials, animal waste, food scraps, bulking agents, and
additives within an aggregate area not greater than five 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. (3) Agricultural operations. Composting
facilities at locations engaging in agriculture as defined in section 1.61 of
the Revised Code and that compost yard waste, agricultural plant materials,
animal waste, food scraps, and bulking agents generated from the agricultural
operations provided that the following conditions are met: (a) The owner of the composting facility is the same as the
owner of the agricultural operation where the yard waste, agricultural plant
materials, animal waste, food scraps, and bulking agents are
generated. (b) The composting facility is located on property owned by
the agricultural 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
agricultural operation. (4) On-farm dead animal and raw rendering
material composting. Except as otherwise provided in section 3734.029 of the
Revised Code, composting facilities that compost dead animals and raw rendering
material pursuant to section 939.04 of the Revised Code that sell or offer for
sale at retail or wholesale, distribute for use, or give away any compost
product are subject to the compost quality standards established in this
chapter. (5) 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 twenty-five 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. (6) 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. (E) The following are not composting
facilities and therefore are not subject to this chapter: (1) Wood recycling facilities. Facilities
that grind, shred, or chip woody materials consisting of stumps, trees, limbs,
branches, affixed leaves, bark, and other clean untreated wood to produce a
wood product that does not meet the definition of compost product. (2) Vermiculture operations. Any person
that accepts food scraps, animal waste, and other feed for earthworms as long
as the following criteria are met: (a) Operations are conducted 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. (b) Any vermicompost produced is utilized exclusively on
property owned by the owner of the vermiculture operation. (F) Variances. (1) Any person may apply
for a variance from any provision of this chapter for which an exemption is not
required. (2) A request for a
variance and any action on the variance request shall be in accordance with
rule 3745-500-210 of the Administrative Code. (G) Exemptions. (1) Any person may apply
for an exemption from any provision of this chapter for which a variance is not
required. (2) A request for an
exemption and any action on the exemption request shall be in accordance with
rule 3745-500-220 of the Administrative Code.
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Rule 3745-560-02 | Composting facilities - definitions.
Effective:
October 1, 2018
If a term used in this chapter is defined in rule
3745-500-02 of the Administrative Code the definition in rule 3745-500-02 of
the Administrative Code is applicable to this chapter unless the term is
defined in this rule. As used in this chapter: (A) (1) "Accept" or
"acceptance," in the context of material acceptance, handling, and
disposal activities, means to record material in the log of operations or to
place material on the materials placement area at a composting
facility. (2) "Acidic
anaerobic fermentation" means a conditioning method in which compostable
materials are inoculated with an effective microorganism (EM) inoculum and
placed in sealed containers for a length of time sufficient for fermentation to
occur under anaerobic conditions and promote acidification of the compostable
material. (3) "Active composting
facility" means a composting facility where authorized feedstocks, bulking
agents, additives, and compost products are received, processed, or
stored. (4) "Additive" means a
supplemental material mixed with or otherwise added to feedstocks and bulking
agents to create a favorable condition for the composting process and includes
urea, crushed egg shells, source-separated spent coffee and tea grounds, and
bacterial or fungal inoculum. (5) "Aerated static pile" means
a method of composting where solid waste is constructed into a pile and air is
forced through the pile to enable aerobic composting. (6) "Agricultural plant
materials" means plant material including but not limited to stems,
leaves, vines, or roots from an agricultural operation. (7) "Alteration" means a
change, other than a modification, to a class I composting facility or to a
permit to install issued pursuant to Chapter 3734. of the Revised Code for a
class I composting facility which is at least equivalent to the rule
requirements. An alteration includes but is not limited to changes in the type
of waste received, replacement of equipment, and repair of the
facility. (8) "Alternative material"
means a waste that might be suitable for use as a feedstock, bulking agent, or
additive in the composting process that is not authorized in rule for
acceptance at a composting facility. (9) "Animal
waste" means animal excreta, bedding, wash waters, incidental waste feed,
and silage drainage. (B) (1) "Biofilter
material" means material consisting of bulking agents, shredded yard
waste, or compost that is applied over the composting mixture to control odors,
dust, or vectors. (2) "Bulking
agent" means a material added to a composting process to provide
structural support, improve aeration, or absorb moisture and includes wood
chips, straw, clean untreated wood, shredded newspaper, shredded cardboard,
sawdust, shredded brush, shredded yard waste, compostable containers, and
stover. (C) (1) "Class I solid
waste composting facility" means a facility where the owner or operator
may accept yard waste, agricultural plant materials, dead animals, raw
rendering material, animal waste, food scraps, mixed solid waste, bulking
agents, additives, and authorized alternative materials. (2) "Class II solid
waste composting facility" means a facility where the owner or operator
may accept yard waste, agricultural plant materials, dead animals, raw
rendering material, animal waste, food scraps, bulking agents, additives, and
authorized alternative materials. (3) "Class III solid
waste composting facility" means a facility where the owner or operator
may accept yard waste, agricultural plant materials, dead animals, raw
rendering material, animal waste, bulking agents, additives, and authorized
alternative materials. The material placement area is limited to a maximum of
one hundred thirty-five thousand square feet. (4) "Class IV solid
waste composting facility" means a facility where the owner or operator
may accept only yard waste, agricultural plant materials, bulking agents,
additives limited to source-separated spent coffee and tea grounds, urea, and
bacterial or fungal inoculum, and authorized alternative
materials. (5) "Clean untreated
wood" means source-separated wood including but not limited to sawdust,
pallets, and dimensional lumber that has not been treated chemically or with
adhesives and coatings including but not limited to paint, glue, or any other
visible contaminant. (6) "Commingled yard
waste" means yard waste that has been collected with other solid wastes.
Commingled yard waste does not include yard waste in bags co-collected with
other solid wastes. (7) "Compost"
means a humus-like organic material resulting from the biological decomposition
of solid waste. (8) "Compostable
container" means a container that has been independently tested and meets
ASTM D6400 or D6868 as described in rule 3745-500-03 of the Administrative
Code, including those displaying the biodegradable products institute's
"Compostable Logo," which will decompose at a rate equal to or faster
than the material with which the container is composted under equivalent
conditions. (9) "Compostable
serviceware" means food service items such as bowls, plates, cups,
cutlery, and films, that have been independently tested and meets ASTM D6400 or
D6868 as described in rule 3745-500-03 of the Administrative Code, including
those displaying the biodegradable products institute's "Compostable
Logo," which will decompose at a rate equal to or faster than the material
with which the serviceware is composted under equivalent
conditions. (10) "Compost
product" means compost that meets applicable compost product quality
standards. (11) "Composting" means the process of biological
decomposition of solid wastes under controlled conditions resulting in compost.
Controlled conditions include but are not limited to grinding, shredding,
chipping, mixing feedstocks, bulking agents and additives, piling, physical
turning, aerating, adding moisture, performing procedures to achieve human
pathogen reduction, or other processing of solid wastes. (12) "Cross-contamination" means the intentional
or unintentional contact of feedstocks subject to a more stringent quality
standard with a feedstock subject to a less stringent quality standard and
includes but is not limited to contact with the surface of a machine, the
mixture of tested compost with untested compost, or contact with leachate that
was previously in contact with a feedstock subject to a more stringent quality
standard. (D) (1) "Dead
animals" means bodies or parts of a dead animal. (2) "Design
capacity" means the maximum capacity of materials that may be
appropriately managed in the materials placement area, based upon the design,
construction, equipment, composting method, and planned operational practices
as specified in the authorizing documents. (E) "Effective microorganisms"
or "EM," means an inoculum used for acidic anaerobic fermentation
consisting predominately of lactic acid bacteria, yeasts, actinomycetes, and
photosynthetic bacteria. (F) [Reserved.] (G) [Reserved.] (H) [Reserved.] (I) (1) "Inactive
composting facility" means a composting facility where no solid wastes or
compost product are received, processed, or stored. (2) "Inert
matter" means inorganic and organic constituents that were not readily
decomposed during the composting process including but not limited to plastics,
glass, textiles, rubber, leather, metal, ceramics, polystyrene, sharp objects,
and painted, laminated, or treated wood. (3) "In-vessel" means a method
of composting where solid wastes are placed in an enclosed or partly enclosed
unit and managed to enable composting. (J) [Reserved.] (K) [Reserved.] (L) [Reserved.] (M) (1) "Materials
placement area" means any area of the composting facility where compost
products, solid wastes, feedstocks, bulking agents, or additives are received,
placed, processed, or stored. (2) "Mixed solid
waste" means a feedstock consisting of solid wastes that will readily
decompose and waste materials that will not readily decompose and may contain
household solid wastes that are excluded from regulation as hazardous wastes in
accordance with Chapter 3745-51 of the Administrative Code. (3) "Modification" means any substantial change
to the location or size of the material placement area, or to the design,
construction, process, or operation of a class I composting
facility. (N) [Reserved.] (O) (1) "One hundred year flood"
means a flood that has one per cent chance of being equaled or exceeded in any
given year. (2) "Operational capacity"
means the amount of materials designated by the owner or operator to be managed
in the materials placement area as specified in the registration. The
operational capacity may be less than or equal to the design capacity, but
shall never exceed the design capacity. (P) [Reserved.] (Q) [Reserved.] (R) (1) "Raw rendering
material" has the same meaning as section 953.21 of the Revised
Code. (2) "Runoff"
means stormwater as defined in rule 3745-39-01 of the Administrative Code that
has not come in contact with any compost products, solid wastes, feedstocks,
bulking agents, or additives. (3) "Run-on"
means precipitation that has fallen upslope of the materials placement area of
a composting facility and flows onto the composting facility. (S) (1)
"Salvaging" means the extracting or removing of materials from the
solid waste stream at the working face of a solid waste disposal facility for
the intended purpose of recycling or for removal to a salvage facility
regulated by Chapter 3737. of the Revised Code and rules adopted
thereunder. (2) "Sewage
sludge" has the same meaning as in Chapter 6111. of the Revised Code and
rules adopted thereunder. (3) "Static
pile" means a method of composting where solid wastes are constructed into
a pile and are managed and turned to enable aerobic composting. (T) [Reserved.] (U) [Reserved.] (V) (1) "Vermicompost" means compost produced through
the vermicomposting process and that may contain worm castings. (2) "Vermicomposting" means the mesophilic
process of bio-oxidation and stabilization of organic solid wastes by epigeic
earthworm species which turn, fragment, aerate and increase microbial activity
in the solid waste substrate, and results in vermicompost. (3) "Vermiculture" means the breeding of any
species of earthworms in organic waste media, which produces incidental amounts
of vermicompost. (W) (1) "Washout"
means the movement of feedstocks, bulking agents and additives from the
material placement area of the facility as a result of flooding. (2) "Windrow" means an
elongated pile. (3) "Windrow composting" means
a method of composting where solid wastes are constructed into an elongated
pile and are managed and turned to enable aerobic composting.
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Rule 3745-560-03 | Plan view drawing update for class IV composting facilities.
Effective:
October 1, 2018
No later than February 1, 2013, the owner or
operator of a class IV composting facility that obtained an acknowledgment of
registration prior to April 2, 2012 shall submit a plan view drawing that meets
the requirements set forth in rule 3745-560-400 of the Administrative
Code.
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Rule 3745-560-04 | Composting - log of operations and annual report forms.
Effective:
October 1, 2018
(A) An owner or operator of a composting
facility shall maintain a log of operations on forms prescribed by the director
or by alternate forms either in paper or electronic format which shall contain
the following: (1) General information:
facility name and location, contact name and telephone number, registration
number for class II, III, and IV facilities, and calendar year for which the
log is maintained. (2) Operational
information: method of composting used and description of equipment
available. (3) Materials acceptance
and distribution information: date when waste recorded in log of operations,
quantity of waste received entered as tons or cubic yards, type of feedstocks,
bulking agents, and additives received, county of generation, and quantity of
compost product distributed entered as tons or cubic yards. (4) Materials management
information: dates when tree stumps, pallets, and clean whole wood are
processed and dates when compost piles, windrows, and vessels are formed,
turned, loaded, and sampled. (5) Self-inspection
checklist: information acknowledging compliance or noncompliance with
operational requirements as specified in rule 3745-560-110, 3745-560-210,
3745-560-310, or 3745-560-410 of the Administrative Code and a description of
actions taken to abate violations, if applicable. (6) Unauthorized
materials incident information: the date and time the unauthorized material was
discovered, description of the material, hauler name, and action taken by the
owner or operator. (7) Yard waste load
refusal information: the date and time that a load was rejected, the license
plate number of the vehicle transporting the rejected load, hauler name, and
the reason for rejecting the load. (B) An owner or operator of a composting
facility shall submit an annual report on forms prescribed by the director
which shall contain the following: (1) General information:
facility name and location, contact name and telephone number, license number
for class I and II facilities, registration number for class II, III, and IV
facilities, and calendar year for which the report is submitted. (2) Materials acceptance
and distribution information: monthly quantity of waste received by feedstock
type, bulking agent, and additive entered as tons or cubic yards, county of
generation, and monthly quantity of compost product distributed entered as tons
or cubic yards. (3) Product testing
information: copy of all testing performed on compost product and method
utilized and results of the test analysis, if applicable. (4) For class I or class
II composting facilities, the current closure cost estimate pursuant to rule
3745-560-05 of the Administrative Code.
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Rule 3745-560-05 | Composting - closure cost estimate.
Effective:
October 1, 2018
(A) Closure cost estimate. The owner or operator of a class
I or class II composting facility shall determine the closure cost estimate as
follows: (1) Class I composting facility. The
closure cost estimate shall be based on the closure costs at the point in the
operating life of the facility when the extent and manner of the operation
would make the closure the most expensive, and shall be based on a third party
conducting the closure activities. The closure cost estimate shall be
documented as an itemized written estimate, in current dollars, of the cost of
closure. Ohio EPA may require revisions to the closure cost estimate or to the
closure financial assurance instrument. (2) Class II composting facility. The
closure cost estimate shall be calculated as follows: (a) For facilities accepting solid wastes authorized in
accordance with paragraph (B) of rule 3745-560-210 of the Administrative Code,
two dollars and fifty cents per cubic yard, based on the operational capacity
of the materials placement area, excluding the storage capacity of compost
product, as specified in the authorizing document. (b) For facilities accepting alternative materials, eight
dollars per cubic yard or the local disposal rate, whichever is higher, for the
maximum amount of alternative materials authorized pursuant to rule
3745-560-205 of the Administrative Code that will be managed based on the
operational capacity of the materials placement area, excluding the storage
capacity of compost product, as specified in the authorizing
document. (c) Class II composting facilities may request approval
from the director of an alternative closure cost estimate that is lower than
the estimate calculated in accordance with paragraph (A)(2)(a) or (A)(2)(b) of
this rule by submitting an application that demonstrates one of the
following: (i) For alternative
materials, that the cost of disposal is equivalent to the cost of disposal for
materials authorized in paragraph (B) of rule 3745-560-210 of the
Administrative Code, and that the closure cost estimate for the material can be
calculated at two dollars and fifty cents per cubic yard. (ii) The owner or
operator has obtained authorization to land apply any material that is not a
compost product on property owned by the owner or operator in compliance with
Chapters 3734. and 6111. of the Revised Code. (B) Annual review of closure cost estimate. The owner or
operator of a class I or class II composting facility shall annually review and
make appropriate revisions to the closure cost estimate in accordance with
paragraph (A) of this rule, and as follows: (1) For class I
composting facilities, an adjustment for inflation shall be made. The
adjustment shall be made as specified in this paragraph, using the preceding
February inflation factor derived from the annual implicit price deflator for
gross domestic product as published by the U.S. department of commerce. The
inflation factor is the result of dividing the latest published annual deflator
by the annual deflator for the previous year. (a) The first adjustment is made by multiplying the closure
cost estimate by the inflation factor. The result is the adjusted closure cost
estimate. (b) Subsequent adjustments are made by multiplying the most
recently adjusted closure cost estimate by the most recent inflation
factor. (2) For class II
composting facilities, annually review and make appropriate revisions to the
closure cost estimate to determine if the estimate accurately represents the
cost to close the facility. The review shall take into consideration changes to
the operational capacity, facility design and operations, changes to the
materials placement area, changes to the amount of feedstocks, bulking agents,
additives, and compost mixtures on site, and any other changes that would
increase the cost of closure. (C) Review of closure cost estimates associated with
modifications or amendments to registrations. (1) Upon issuance of a permit to install
for a modification of an existing class I composting facility, the owner or
operator shall review and make appropriate revisions to the closure cost
estimate in accordance with paragraph (A) of this rule. (2) Upon submittal of amendments to the
registration of an existing class II composting facility, the owner or operator
shall review and make appropriate revisions to the closure cost estimate in
accordance with paragraph (A) of this rule. (D) The owner or operator of a class I or class II
composting facility shall ensure financial assurance instruments account for
increases in the closure cost estimate, and shall ensure that sufficient
financial assurance is available for closure activities at all times during the
operating life of the composting facility. (E) Ohio EPA may require revisions to the
closure cost estimate or to the closure financial assurance instrument if the
director determines that the operational capacity has increased or that the
cost of closure exceeds the closure cost estimate. (F) If the closure cost estimate is five thousand five
hundred dollars or less, no financial assurance is required.
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Rule 3745-560-07 | Director's general authorization of alternative materials and testing methods.
Effective:
October 1, 2018
(A) Alternative materials. (1) The director may
authorize the acceptance of alternative materials not otherwise authorized in
accordance with rules 3745-560-110, 3745-560-210, 3745-560-310 and 3745-560-410
of the Administrative Code. The authorization of alternative materials may
identify the following: (a) The authorized alternative material. (b) The class of composting facility which may accept the
alternative material for composting. (c) Conditions of eligibility regarding acceptance of the
alternative material. (d) Operational conditions regarding use of the alternative
material including but not limited to conditions that require the material
which does not meet the eligibility criteria be processed or disposed of in a
prescribed manner. (e) For a class I, II. or III composting facility,
additional quality standards or testing methods for the alternative material
including but not limited to compost quality standards for specific uses in
accordance with accepted agricultural and horticultural practices. (2) The director may issue a general
authorization of alternative materials without request if the following are
determined: (a) The use of the alternative material is technically
feasible for composting at the identified class of composting facility
utilizing an approved composting or treatment method. (b) The acceptance of the alternative material is unlikely
to cause violations of Chapter 3704., 3734., or 6111. of the Revised Code, this
chapter, or any other applicable federal or state laws. (c) The acceptance of the alternative material is unlikely
to adversely affect public health, safety, or the environment. (d) For a class IV composting facility, the material
proposed as an alternative material for composting possesses properties
consistent with class IV compost products. (B) The director may issue a general
authorization of alternative preparation and analytical methods for compost
quality standards without request. The director shall not issue a general
authorization of alternative preparation and analytical methods unless the
director determines that the alternative method is scientifically based and
will provide equivalent or improved test results. (C) The director's general
authorization to accept alternative materials and testing methods under this
rule may allow for any composting facility classification that meets the
established conditions of eligibility and follows the operational conditions
established by the director to accept and compost the identified alternative
material and to use the identified alternative testing methods. (D) Notice of the issuance of a
director's general authorization of alternative materials and testing
methods will be posted on the Ohio EPA webpage. A list of issued
director's general authorizations of alternative materials and testing
methods will be maintained on the Ohio EPA webpage and be available upon
request.
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Rule 3745-560-15 | Composting of dead animals and raw rendering material.
Effective:
October 1, 2018
(A) An owner or operator of a class I,
class II, or class III composting facility that is composting dead animals or
raw rendering material shall comply with the following: (1) Prior to acceptance
of dead animals or raw rendering material: (a) Designate a person responsible for the day to day
operations of the composting facility who has participated in an educational
course concerning composting of dead animals and raw rendering material
conducted by the Ohio state university extension and who has obtained a
certificate of completion for the course. A copy of the certificate shall be
made available to Ohio EPA or the approved board of health upon
request. (b) Obtain written concurrence from Ohio EPA upon
inspection verifying that the composting facility meets the preparation
criteria specified in this chapter. (2) Dead animals composting. Unless
otherwise approved by Ohio EPA or the approved board of health, the owner or
operator shall comply with the following when composting dead
animals: (a) Incorporate the dead animals into the composting
process upon receipt at the facility. (b) Document in the log of operations the species of the
dead animals accepted and specify the bin where the dead animals were
placed. (c) Conduct the composting in three-sided
bins. (d) Complete the composting of the dead animals in the
following stages: (i) Stage one composting. (a) The first layer of dead animals shall be placed on top
of a bulking agent bottom layer a minimum of eighteen inches
thick. (b) A minimum of six inches of bulking agent shall separate
each layer of dead animals. (c) The last layer of dead animals shall be completely
covered with a minimum of twenty-four inches of bulking agent. (d) A full bin shall remain undisturbed for a minimum of
ninety days. (ii) Stage two composting. (a) After completion of stage one composting, the contents
shall be turned, mixed, or if there is no visible flesh present, moved to a
secondary stage bin area and re-covered completely with a minimum of twelve
inches of bulking agent. (b) The material shall remain undisturbed in the secondary
stage for a minimum of sixty days. (c) If at the end of secondary stage there is still visible
flesh or non-brittle bones, the owner or operator shall do the
following: (i) Mix with fresh bulking agent as necessary, cover
completely with a minimum of twelve inches of bulking agent, and maintain
undisturbed for a minimum of sixty days. Parts of dead animals shall not be
visible. (ii) Reintroduce the material in a stage one or stage two
bin as part of or in addition to the bulking agents. (e) If a specific bulking agent or mixing ratio does not
enable the composting of the dead animals, re-mix the bulking
agent. (f) Document the bulking agents used and the mixing ratio
if applicable in the log of operations. (3) Raw rendering material composting.
Unless otherwise approved by Ohio EPA or the approved board of health, the
owner or operator shall comply with the following when composting raw rendering
material: (a) Incorporate the raw rendering material into the
composting process upon receipt at the facility. (b) Document in the log of operations the bin where the raw
rendering material was placed. (c) Conduct the composting in three-sided
bins. (d) Complete the composting of the raw rendering material
in the following stages: (i) Stage one composting. (a) The first layer of raw rendering material shall be
placed on top of a bulking agent bottom layer a minimum of twenty-four inches
thick. (b) A minimum of twelve inches of bulking agent shall
separate each layer of raw rendering material. (c) The last layer of raw rendering material shall be
completely covered with a minimum of twenty-four inches of bulking
agent. (d) A full bin shall remain undisturbed for a minimum of
ninety days. (ii) Stage two composting. (a) After completion of stage one composting, the contents
shall be turned, mixed, or if there is no visible flesh present, moved to a
secondary stage bin area and re-covered completely with a minimum of twelve
inches of bulking agent. (b) The material shall remain undisturbed in the secondary
stage for a minimum of sixty days. (c) If at the end of secondary stage there is still visible
flesh or non-brittle bones, the owner or operator shall do the
following: (i) Mix with fresh bulking agent as necessary, cover
completely with a minimum of twelve inches of bulking agent, and maintain
undisturbed for a minimum of sixty days. Parts of the raw rendering material
shall not be visible. (ii) Reintroduce the material in a stage one or stage two
bin as part of or in addition to the bulking agents. (e) If a specific bulking agent or mixing ratio does not
enable the composting of the raw rendering material, re-mix the bulking agent
in order to achieve an acceptable blend for composting. (f) Document the bulking agents used and the mixing ratio
if applicable in the log of operations. (4) Compost from dead animals or raw
rendering material that does not have visible flesh material or bones shall be
utilized on property owned by the owner or operator or tested for distribution
in accordance with this chapter. (5) Request in writing and obtain written
concurrence from Ohio EPA or the approved board of health prior to the
following: (a) Utilizing composting systems other than three-sided
bins. (b) Adjusting the thickness of the bulking agent
layers. (c) Adjusting the length of the composting
stages. (d) Adjusting the time frame for incorporation of the dead
animals or raw rendering material upon receipt at the facility. (6) Nuisance. The owner or operator shall
conduct operations at the facility in such a manner that dust, odors, and
vectors are controlled as to not cause a nuisance. (a) If odors, dust, or vectors are present, the owner or
operator shall apply a cover consisting of a minimum of six inches of biofilter
material over the dead animals or raw rendering material not later than
twenty-four hours after discovery of the odors, dust, or vectors. (b) If odors, dust, or vectors persist, then the owner or
operator shall upon written notification of Ohio EPA or the approved board of
health cease acceptance of dead animals or raw rendering material and dispose
of the composting mixture at a licensed solid waste landfill. (7) Upon written notification that an
infectious or contagious animal disease has been reported in the state, the
owner or operator shall cease acceptance of the reported dead animals or raw
rendering material and dispose of any remaining compost in accordance with all
applicable state and federal laws, including any applicable provisions of
Chapter 941. of the Revised Code. (B) Compliance with this rule does not relieve any person
of obligations under Chapter 941. or 953. of the Revised Code.
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Rule 3745-560-100 | Class I composting facility establishment.
[Comment: For dates of non regulatory government
publications, publications of recognized organizations and associations, test
methods, federal rules, and federal statutory provisions referenced in this
rule, see rule 3745-500-03 of the Administrative Code titled
"Incorporation by reference."] (A) No person shall establish or operate
a class I composting facility without first having met the
following: (1) Obtaining a permit to
install in accordance with this rule prior to the construction of a new class I
composting facility. (2) Obtaining a solid
waste license pursuant to Chapter 3745-501 of the Administrative
Code. (3) Executing the
financial assurance instrument pursuant to rule 3745-503-05 of the
Administrative Code for an amount not less than the current closure cost
estimate established in accordance with rule 3745-560-05 of the Administrative
Code. (B) Permit to install for a class I
composting facility. A permit to install application shall be submitted to Ohio
EPA and shall consist of the following: (1) Plan sheets required
in paragraph (C) of this rule. Engineering plans, specifications, and
information as required by this rule shall be sufficiently detailed to allow
for technical review of the permit application and to provide assurance that
the facility meets the siting criteria and is designed and will be constructed,
operated, and closed in accordance with this chapter and Chapter 3745-501 of
the Administrative Code. (2) Narrative report with
operational information required in paragraph (D) of this rule. The information
required in this rule shall be provided in sufficient detail to allow for
technical review of the permit application and to provide assurance that the
facility is designed and will be constructed, operated, and closed in
accordance with this chapter and Chapter 3745-501 of the Administrative
Code. (3) Land owner
information including name, address, and contact information, if the land owner
is not the applicant. This information shall include a written statement from
each titleholder of each tract of land on which the facility is located that
each titleholder acknowledges that the applicant is submitting a permit to
install application and may use the land for the purpose of establishing a
class I composting facility. (4) Copies of the letters
of intent required in paragraph (G) of this rule. (5) A statement described
in and signed by the applicant in accordance with rule 3745-500-50 of the
Administrative Code. (6) For regulatory review
purposes, the initial application and any subsequent revisions to the
application shall be submitted in duplicate to the director with a third copy
sent to the board of health of the health district where the facility is or
will be located. Any revisions to the application must be accompanied by an
index listing the change and the page where the change occurred. Upon written
request from Ohio EPA, the applicant shall submit two additional complete
copies of the revised application to the director and a statement described in
and signed by the applicant in accordance with rule 3745-500-50 of the
Administrative Code. (C) Plan sheets. The following detailed
engineering plans, specifications, and information for the composting facility
shall be shown by means of drawings and narrative descriptions where
appropriate and shall be signed and sealed by a professional engineer. Minimum
dimensions of the plan drawings shall be twenty-four inches by thirty-six
inches. An individual plan drawing may contain information specified in more
than one individual subheading. Each individual plan drawing shall clearly show
the vertical and horizontal scales used. A scale of one inch equals no greater
than one hundred feet shall be used unless specified otherwise by Ohio
EPA. (1) Engineering plan
cover sheet to be numbered sheet 1 shall contain the following detailed
information: (a) The name of the composting facility. (b) The geographical location of the composting facility
shown on a USGS 7.5 minute (topographic) map. (c) The name and address of the applicant and the
composting facility operator. (d) The name and address of each titleholder of each tract
of land to be used for the composting facility. (e) The name, address, and telephone number of the person
who prepared the plans. (f) Index of plan sheets. (2) A plan drawing to be
numbered consecutively as sheets 2A, 2B, 2C, etc. shall contain the following
detailed facility construction and operational information: (a) The property lines of land owned or leased for the
composting facility as determined by a property survey conducted by a
professional skilled in the appropriate discipline. (b) Direction of prevailing winds during each
season. (c) Traffic patterns, including on-site access
roads. (d) Cross sections and construction materials of all
surfaces and facilities on or in which solid wastes will be placed prior to,
during, or after composting. (e) Runoff control structures, sedimentation ponds, and
leachate management system structures and the layout of the leachate management
system including at a minimum leachate flow patterns, drains, piping, storage,
and clean-outs. (f) Composting facility boundary. (g) Boundary lines for the materials placement and
receiving area based on the design capacity and the operational capacity, if
the operational capacity is different than the design capacity. The boundary
lines shall include the areas for each of the following: (i) Composting and
materials processing. (ii) Receiving and
storage of feedstocks, bulking agents, or additives. (iii) Storage of
alternative materials authorized pursuant to rule 3745-560-105 of the
Administrative Code and the composting processing area dedicated to these
materials. (iv) Storage of compost
product. (h) The location of existing or proposed maintenance
buildings, weighing facilities, storage buildings, and other
structures. (i) Roads, railroads, and occupied dwellings. (j) The location of fencing, gates, and natural or other
screening on the site (may be shown on an aerial photograph). (k) The north arrow. (3) A plan drawing to be
numbered consecutively as sheets 3A, 3B, 3C, etc., showing the following
detailed facility siting criteria items located inside the facility boundaries
and within one thousand feet beyond the facility boundaries: (a) The property lines of land owned or leased for the
composting facility as determined by a property survey conducted by a
professional skilled in the appropriate discipline. (b) Composting facility boundary. (c) Public roads, railroads, and structures. (d) Existing topography showing streams, wetlands, lakes,
springs, and other surface waters of the state. (e) Existing domiciles. (f) Leachate management structures. (g) The limits of the one hundred year
floodplain. (h) National park or national recreation areas, candidate
areas for potential inclusion into the national park system, and any state park
or established state park purchase areas. (i) Any state or Ohio history connection nature preserves,
state wildlife areas and national wildlife refuges, national and state wild
scenic and recreational rivers, special interest areas and research natural
areas in the Wayne national forest, state resource waters, coldwater habitats,
and exceptional warmwater habitats. [Comment: Both the Ohio department of natural
resources and the Ohio history connection, formerly the Ohio historical
society, designate state nature preserves in Ohio.] (j) Existing public water supply wells, developed springs,
or private potable water supply wells. (k) The north arrow. (4) A plan drawing to be
numbered consecutively as sheets 4A, 4B, 4C, etc. shall contain the following
detailed facility surface and ground water management information inside the
facility boundaries and within five hundred feet beyond the facility
boundaries. At a minimum, the plan drawings shall include the
following: (a) The property lines of land owned or leased for the
composting facility as determined by a property survey conducted by a
professional skilled in the appropriate discipline. (b) A detailed description of the existing direction of
flow and points of concentration of surface water. (c) The existing topography showing vegetation, streams,
wetlands, lakes, springs, and other surface waters of the state with a contour
interval no greater than five feet. (d) The proposed topography of the site with contour lines
that shall have an interval of no greater than five feet. (e) Existing public and private water system drinking water
supply wells. (f) Drainage plans which show the following: (i) Grades. (ii) Swales and streams
and existing or proposed diversion trenches. (iii) Existing or
proposed special drainage devices to be used for control of surface
erosion. (g) The north arrow. (h) Existing drainage sinkholes or agricultural drainage
wells. (i) The direction of the downward slopes and drainage for
the materials placement area. (D) Narrative report. The following
information shall be presented in narrative form with necessary accompanying
diagrams provided on a form prescribed by the director and shall be signed and
sealed by a professional engineer: (1) A detailed discussion
of general operational information which shall include the
following: (a) The authorized maximum daily waste receipt planned for
the facility. (b) The equipment to be used in the operation and
maintenance of the facility. (c) The waste processing rate, performance capabilities,
and principal specifications of each piece of powered equipment to be used at
the facility for loading, unloading, handling, or processing solid
wastes. (d) Calculation of the design capacity of the composting
facility. (e) Calculation of the operational capacity of the
composting facility which shall be less than or equal to the design capacity of
the composting facility. Facilities accepting authorized alternative materials
shall also specify the maximum capacity and area dedicated to alternative
materials. (f) For informational purposes only, proposed hours of
operation and if applicable proposed hours that the facility will be open to
the public for receiving waste materials. (g) Methods of loading and unloading solid waste materials
including compost and materials that will be removed from the facility
including but not limited to salvaged materials and materials that are not
utilized in the composting process into transportation vehicles at the
facility. (h) Traffic patterns within the facility
boundaries. (i) Maximum and average force in pounds per square inch
that will be exerted upon the floor of the facility. (2) A detailed discussion
of composting operational information shall include the following: (a) Identification of the sources, composition, and
estimated quantity of solid waste by type of feedstock, bulking agent, or
additive to be used for composting. (b) A materials flow diagram for the facility showing both
the type of feedstocks, bulking agents, or additives and the quantities of
materials received and removed. (c) Procedures, frequency, and the sequence of processes
and steps involved in converting solid waste to compost including but not
limited to handling, sorting, shredding, mixing, adding water, screening,
turning, composting, curing, and recirculating leachate and other liquids
authorized for use by the director. (d) The percentage of mixture of the feedstock, bulking
agent, and additive and the resulting carbon to nitrogen ratio. (3) A detailed discussion
of control measures taken shall include the following: (a) The collection, containment, recirculation, treatment,
removal, disposal and prevention of generation of leachate and how leachate
will be prevented from entering surface and ground waters including either the
following: (i) Direct discharge to
an approved treatment facility. (ii) Leachate conveyance,
recirculation, and storage structures and systems. (b) The collection, containment, recirculation, treatment,
removal, disposal and prevention of generation of surface water runoff and how
water runoff will be prevented from entering surface and ground waters
including either of the following: (i) Direct discharge to
an approved treatment facility. (ii) Surface water runoff
conveyance, recirculation, and storage structures and systems. (c) How birds, rodents, and other vectors will be prevented
from reaching solid wastes at the composting facility. (d) Measures utilized to control fire, dust, scavenging,
erosion, and blowing debris. (e) Inspection procedures for incoming wastes to prevent
and manage prohibited materials at the composting facility. (f) Inclement weather operation procedures. (g) Salvaging procedures to be conducted on site, if
any. (h) Odor management plan including discussion of the
circumstances that are likely to result in nuisance odor production, methods
that will be taken to reduce or minimize odors that are produced, and methods
that will be used to mitigate the effects of odors. (E) On the date the permit to install
application is received by Ohio EPA, the limits of materials placement and
leachate management structures are in compliance with the following siting
criteria: (1) Unless located in an
enclosed building, materials placement area and leachate management structures
shall not be located within the following: (a) Two hundred feet from any surface waters of the
state. (b) Three hundred feet from a known sinkhole or
agricultural drainage well. (c) The sanitary isolation radius of public water system
drinking water supply wells as calculated using the formulas specified in rule
3745-9-04 of the Administrative Code. (d) Three hundred feet from a private water system drinking
water supply well that is not controlled by the facility. (e) Fifty feet from a private water system drinking water
supply well that is controlled by the facility owner. (f) Three hundred feet from a transient non-community
public water system drinking water supply well. (g) Five hundred feet from an occupied dwelling unless the
occupied dwelling is owned or leased by the owner or operator or the owner or
operator has received written consent from the owner of the occupied
dwelling. (h) One thousand feet from the following: (i) An area designated by
the Ohio department of natural resources as either a state nature preserve, a
state wildlife area, or a state wild, scenic, or recreational
river. (ii) An area designated,
owned, and managed by the Ohio history connection as a nature
preserve. (iii) An area designated
by the United States department of the interior as either a national wildlife
refuge or a national wild, scenic, or recreational river. (iv) An area designated
by the United States forest service as either a special interest area or a
research natural area in the Wayne national forest. (v) Stream segments
designated by Ohio EPA as either a state resource water, a coldwater habitat,
or an exceptional warmwater habitat. (i) A one hundred year floodplain, unless the owner or
operator demonstrates in the permit to install application that the facility
will be designed, constructed, operated, and maintained to prevent washout of
any waste materials by a one-hundred-year flood. (j) The inner management zone (one year time of travel) of
a drinking water source protection area for a community or non-transient,
non-community public water system using ground water. (2) The portions of the
materials placement area and leachate management structures located within an
enclosed building shall meet the siting criteria contained in paragraphs
(E)(1)(h) to (E)(1)(j) of this rule. For the purposes of this rule, an
"enclosed building" means a structure with a low-permeability floor,
walls, doors, and a roof that is capable of enclosing all waste handling areas,
preventing rain from reaching the enclosed waste handling areas, and containing
and collecting leachate within the enclosed waste handling areas. (3) Except for facilities
which exclusively compost wastes generated within state parks or national
parks, or national recreation areas the facility shall not be located in any of
the following: (a) A state park established or dedicated under Chapter
1546. of the Revised Code. (b) A state park purchase area established under section
1546.06 of the Revised Code. (c) A unit of the national park system, or any property
that lies within the boundaries of a national park or national recreation area
but that has not been acquired or is not administered by the secretary of the
United States department of the interior, or any candidate area identified for
potential inclusion in the national park system pursuant to the "National
Park System Plan." (F) Composting facilities permitted prior
to April 2, 2012 shall comply with siting criteria in effect on the date of
permit issuance. (G) Concurrent with submitting the permit
to install application, the applicant shall do the following: (1) Comply with any
applicable disclosure statement requirements in accordance with Chapter 3734.
of the Revised Code and rules adopted thereunder. (2) Mail letters of
intent to establish a composting facility which include a description of
property and facility boundaries by certified mail or any other form of mail
accompanied by a receipt to the following: (a) The governments of the general purpose political
subdivisions where the facility is proposed to be located including but not
limited to local health departments, county commissioners, legislative
authority of a municipal corporation, or the board of township
trustees. (b) The single or joint county solid waste management
district or districts or regional solid waste management authority or
authorities where the facility is proposed to be located. (c) The owner or lessee of any easement or right of way
bordering or within the proposed facility boundaries which may be affected by
the proposed solid waste facility. (d) The local zoning authority having
jurisdiction. (e) The park system administrator, if any part of the
proposed facility is to be located within or will share the park
boundary. (f) The conservancy district, if any part of the proposed
facility is to be located within or will share the conservancy district
boundary. (g) The fire department having responsibility for providing
fire control services where the facility is proposed to be
located. (h) The division of air pollution control, the division of
surface water, and the division of drinking and ground water of Ohio EPA
including a written request for information pertaining to any regulatory
requirements under Chapter 3704. or Chapter 6111. of the Revised
Code. (H) Modifications to a permit to
install. (1) No person shall
modify a class I composting facility without first obtaining a permit to
install issued by the director. (2) The owner or operator
proposing to modify a class I composting facility shall submit an application
to the director in accordance with paragraphs (B), (C), and (D) of this
rule. (I) Alterations to the permit to install.
No person shall alter a class I composting facility without first submitting a
request and obtaining written concurrence from Ohio EPA in accordance with rule
3745-500-150 of the Administrative Code.
Last updated April 5, 2024 at 8:09 AM
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Rule 3745-560-101 | Criteria and procedures for approval, revocation, and administrative change of a class I composting facility permit to install.
Effective:
October 1, 2018
(A) Criteria for approval. (1) The director shall
not approve a class I composting facility permit to install unless the
following are determined: (a) Establishment or modification and operation of the
class I composting facility will not violate Chapter 3704., 3734., or 6111. of
the Revised Code. (b) The applicant or person listed as the operator who has
previously or is currently responsible for the management or operation of one
or more solid waste facilities has managed or operated such facility in
substantial compliance with applicable provision of Chapters 3704., 3714.,
3734., and 6111. of the Revised Code and any rules adopted and permits issued
thereunder and has maintained substantial compliance with all applicable orders
issued by the director, environmental review appeals commission, or courts
having jurisdiction in accordance with Chapter 3746-13 of the Administrative
Code in the course of such previous or current management or operations. The
director may take into consideration whether compliance has been maintained
with any applicable order of a board of health maintaining a program on the
approved list. (c) The applicant meets the requirements of sections
3734.40 and 3734.43 of the Revised Code and rules adopted
thereunder. (d) The person listed as operator of the facility shall
meet the requirements of division (L) of section 3734.02 of the Revised Code
and rules adopted thereunder. (e) The permit to install application contains the
information required pursuant to rule 3745-560-100 of the Administrative
Code. (f) The siting criteria as established in rule 3745-560-100
of the Administrative Code have been met. (g) The facility preparation requirements are met as
established in rule 3745-560-102 of the Administrative Code. (h) The letters of intent were sent in accordance with rule
3745-560-100 of the Administrative Code. (2) An application not
withstanding any deficiency may be considered and acted upon if sufficient
information is provided for the director to determine whether the permit to
install requirements set forth in rule 3745-560-100 of the Administrative Code
are satisfied. (3) If the director
determines that information in addition to that required by rule 3745-560-100
of the Administrative Code is necessary to determine whether the criteria set
forth in paragraph (A) of this rule are satisfied, the director may require
that the applicant supply such information as a precondition to further
consideration of the permit to install application. (4) The director may deny
a permit to install application for a class I composting facility if not later
than thirty days after receipt of notification that the application is
incomplete the owner or operator has not corrected noted deficiencies and
resubmitted the application or has not submitted a written request for and
obtained approval of a thirty day extension. (5) The director may deny
a permit to install application for a class I composting facility that proposes
to be established on land where a hazardous or solid waste facility was
operated and has not obtained previous authorization as required by rule
3745-27-13 of the Administrative Code. (B) Criteria for revocation of a class I composting
facility permit to install. The director may revoke a class I composting
facility permit to install when any of the following apply: (1) The composting
facility ceases to be an active composting facility. (2) The siting criteria
as established in rule 3745-560-100 of the Administrative Code have not been
met. (3) The composting
facility was modified or altered and the owner or operator did not submit to
Ohio EPA a modification or alteration request for the changes and failed to
obtain any applicable authorizing documents. (4) A solid waste
facility license held by the owner or operator of the composting facility
expires and no license renewal has been applied for in the manner prescribed in
Chapter 3745-501 of the Administrative Code. (5) A solid waste
facility license held by the owner or operator of the composting facility
expires and a license renewal has been applied for and denied as a final action
of the licensing authority. (6) A solid waste
facility license held by the owner or operator of the composting facility has
been revoked as a final action of the licensing authority. (7) The owner or operator
sells or offers for sale at retail or wholesale, uses, distributes for use, or
gives away any compost that does not comply with the applicable quality
standards established in this chapter. (8) The establishment or
operation of the composting facility has violated Chapter 3704., 3734., or
6111. of the Revised Code. (9) Any causes for
revocation pursuant to rule 3745-500-350 of the Administrative
Code. (C) Administrative change. A permit to install may be
administratively changed in accordance with rule 3745-500-360 of the
Administrative Code. (D) Procedures. (1) When issuing,
denying, modifying, suspending, approving or denying transfer of, or revoking a
permit to install, the director shall follow the appropriate procedures set
forth in rule 3745-500-120 of the Administrative Code and any applicable
procedures set forth in the Revised Code. (2) Upon approving or
denying the transfer of a permit to install, the director shall retain and
distribute copies of the signed approval or denial letter pursuant to rule
3745-500-130 of the Administrative Code.
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Rule 3745-560-102 | Construction and commencement of operations at class I composting facilities.
Effective:
October 1, 2018
(A) Facility site preparation. Prior to initial acceptance
of feedstocks, bulking agents, or additives at the facility, the following
shall be completed: (1) Materials placement areas shall be
located within enclosed buildings or structures. The area where solid waste is
received at the composting facility shall be located within structures that may
have one open side. (2) The floor of the composting facility
used for materials placement and storage of materials that will be removed from
the facility including but not limited to salvaged materials and materials that
are not utilized in the composting process shall be designed and installed to
meet the following: (a) Constructed of an impermeable material such as
concrete, asphalt, or metal to prevent the infiltration of leachate into the
ground water. (b) Constructed to withstand at least one hundred and ten
per cent of the maximum force in pounds per square inch to be expected during
normal operation. (c) Constructed to prevent any unauthorized discharge of
leachate from the facility. (d) Constructed in such a manner to readily allow wet or
dry cleanup operations. (e) Sloped to direct leachate to collection points and not
allow ponding of liquids. (f) Constructed to direct leachate to the leachate
management system. (g) Designed to withstand the maximum temperatures
encountered during composting. (h) Accessible for annual visual inspection for cracks and
breaks. (i) Constructed with materials that enable repairs to be
made. (j) Constructed to allow heavy equipment operation during
inclement weather. (3) Adequate leachate collection,
management, and treatment or disposal shall be provided and proper treatment or
disposal facilities shall be used. If conveyance storage structures are
utilized, the conveyance storage structures shall provide the
following: (a) For storage tanks, be provided with spill
containment. (b) For storage structures and other leachate handling
areas, have a capacity sufficient for proper operation of the
facility. (c) For storage structures, be capable of being monitored
or inspected for leaks. (4) 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 so as to direct surface water to
collection points or otherwise control the surface water drainage. (5) The materials placement area shall be
constructed to allow facility operation during inclement weather. (6) Construction of planned leachate and
surface water management structures. (7) Signs are posted with letters not
less than three inches in height at the entrance of the composting facility
that include the following statement: "This composting facility will not accept
hazardous wastes, infectious wastes, asbestos, lead acid batteries, or other
prohibited materials." (B) Verification of preparations. Prior to initial
acceptance of feedstocks, bulking agents, or additives, the composting facility
shall be inspected and written concurrence shall be received from Ohio EPA
acknowledging compliance with this rule.
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Rule 3745-560-105 | Alternative materials request for class I composting facilities.
Effective:
October 1, 2018
(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 prohibited or authorized in
accordance with rule 3745-560-110 of the Administrative Code. The request shall
be submitted on forms prescribed by the director and include at a minimum the
following: (1) A detailed
description of the material to be accepted including any available analytical
data, and any known or potential contaminants or pathogens that may cause or
threaten to cause adverse impact to public health, safety, or the
environment. (2) The source and
suppliers of the material. (3) 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 the waste. (4) The maximum amount of
the material that the facility may accept on a daily basis. (5) A detailed
description of the intended use as a feedstock, bulking agent, or additive and
the how the alternative material might function for that use. (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 the owner or
operator is requesting to compost the material on a temporary or continued
basis. (8) A detailed
description of how the material will be managed at the facility. At a minimum,
the description shall include the following: (a) Whether the owner or operator will shred or screen the
material prior to incorporation into the composting process. (b) What equipment will be utilized. (c) 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. (d) The method of composting utilized and any other
treatment methods of conditioning compostable material to be used, if
applicable. (e) 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. (f) Any special management requirements due to the
physical, biological or chemical characteristics of the alternative
material. (9) How the owner or
operator intends to distribute or otherwise utilize the compost
product. (10) The revised closure
cost estimate prepared in accordance with rule 3745-560-05 of the
Administrative Code. (11) Any other
information deemed necessary by Ohio EPA. (B) The director may approve and
condition a request submitted in accordance with this rule upon determination
of the following: (1) The use of the
alternative material is technically feasible for composting and the owner or
operator will use an approved composting method. (2) The owner or operator
has appropriate equipment and has demonstrated that there is enough operational
capacity at the facility to manage the alternative material. (3) The submitted
analytical data demonstrates that if the alternative material exceeds the
parameters specified in rule 3745-560-130 of the Administrative Code, the
applicant has demonstrated that the compost produced will meet the compost
quality standards specified in rule 3745-560-130 of the Administrative
Code. (4) The acceptance of the alternative
material is unlikely to cause violations of Chapter 3704., 3734., or 6111. of
the Revised Code, this chapter, or any other applicable federal or state
laws. (5) The acceptance, processing, and use
of the material is unlikely to adversely affect or threaten to cause an adverse
impact to public health, safety, or the environment. (C) The director may establish additional
compost quality standards for the alternative materials requested to protect
public health, safety, and the environment.
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Rule 3745-560-110 | Operational requirements for class I composting facilities.
Effective:
October 1, 2018
(A) Authorizing documents. The owner or
operator shall operate the facility in accordance with applicable authorizing
documents including but not limited to maintaining the design and operational
capacities specified in the plan view drawing. 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. [Comment: Changes to the facility in accordance
with paragraph (H) of rule 3745-560-100 of the Administrative Code may
constitute a modification and require submittal of an application for a permit
to install.] (B) Authorized materials. The owner or
operator shall only accept those feedstocks, bulking agents, and additives
authorized in the permit to install. The owner or operator may accept
alternative materials upon approval of a permit alteration issued by the
director pursuant to rule 3745-560-105 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) Hazardous waste. (c) Infectious waste. (d) Asbestos including asbestos-containing waste
material. (e) Lead acid batteries. (f) 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. (g) Scrap tires. (h) 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 any 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) Vermicomposting. The
construction, placement, and maintenance of vermicomposting beds, bins, and
batch reactors systems shall facilitate the survival of the earthworms. Solid
waste material to be fed to earthworms shall be managed to achieve pathogen
reduction prior to feeding to the earthworms. (6) 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) Methods of conditioning compostable
materials. The owner or operator may manage authorized materials in conjunction
with the composting methods in paragraph (D) of this rule by utilizing any of
the following methods: (1) Acidic anaerobic
fermentation. The owner or operator shall construct containers and utilize
microbial inoculum to allow for and maintain acidic anaerobic fermentation
conditions. The owner or operator shall maintain materials in sealed containers
for a length of time sufficient for acidic anaerobic fermentation to occur, and
acidic conditions shall be maintained between a pH range of 3.5 to
6.0. (2) Other methods. The owner or operator
may submit a written request to the director for approval of an alternative
method of conditioning compostable materials. The request shall include at a
minimum a detailed description of the alternative method and how the method
will enable controlled biological decomposition and comply with the operational
requirements specified in this rule. (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. Containers
used to transport authorized materials shall be removed, shredded, or otherwise
processed to increase the exposed surface area for composting if incorporated
into the composting process. (H) Operational management. 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 management. 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. When public access
is allowed, the owner or operator shall maintain signs posted in accordance
with rule 3745-560-102 of the Administrative Code. (L) Wood processing and management. The
owner or operator when accepting tree stumps, trunks, limbs, or clean untreated
wood shall do the following: (1) Shred, grind, 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, grind, 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) Manage surface water in accordance
with Chapter 6111. of the Revised Code. (2) Minimize run-on from
reaching the materials placement area. (3) Undertake actions as
necessary to correct the conditions causing the erosion or ponding, unless the
ponding is for the purposes of collection. (4) Divert surface water away from the
materials placement area. Ensure that the land surface of the materials
placement area maintains a slope greater than or equal to one per cent and less
than or equal to six per cent to direct surface water to collection points or
otherwise control the surface water drainage. (5) Maintain any
structures or mechanisms used for the collection or containment of runoff, if
applicable. (6) 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) Manage leachate in
accordance with Chapter 6111. of the Revised Code. (2) Take action to minimize, control, or
eliminate the conditions which contribute to the production of
leachate. (3) Minimize ponding of
leachate in the materials placement area. (4) Eliminate the conditions that
contribute to the unauthorized discharge of leachate from the composting
facility. (5) Collect and contain leachate within
the boundary of the composting facility and prevent leachate from discharging
to waters of the state, unless the discharge is authorized pursuant to Chapter
6111. of the Revised Code. (6) If applicable, maintain any
structures or mechanisms used for the collection or containment of
leachate. [Comment: Leachate may be collected and contained
for reintroduction into the composting process.] (O) Cross-contamination management. 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 3745-560-120 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) Dead animals and raw rendering
material management. An owner or operator that accepts dead animals and raw
rendering material shall manage these materials in accordance with rule
3745-560-15 of the Administrative Code. (R) Upon written notice, Ohio EPA or the
approved board of health may require the owner or operator to submit a written
narrative describing the current or planned management practices for any or all
of the areas of management under paragraphs (C) to (Q) of this rule. Unless
otherwise specified in the notice, the owner or operator shall submit the
narrative to Ohio EPA or the approved board of health not later than thirty
days upon receipt of the notice. (S) 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, safety, or the environment.
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Rule 3745-560-115 | Record keeping requirements for class I composting facilities.
Effective:
October 1, 2018
(A) Record retention and availability. The owner or
operator shall do the following: (1) Maintain records specified in this
rule for a period of at least three years. (2) Have records available for inspection
by the approved board of health or Ohio EPA during normal operating
hours. (3) Upon request, submit records to Ohio
EPA or the approved board of health. (B) Log of operation. The owner or operator shall do the
following: (1) Record the facility operations on the
log of operation forms as specified in rule 3745-560-04 of the Administrative
Code. (2) Complete the log of operation daily
unless the owner or operator has received written concurrence for an
alternative frequency from Ohio EPA or the approved board of
health. (C) Annual report. Not later than February first of each
year, the owner or operator shall submit an annual report to Ohio EPA. The
annual report shall include the following: (1) The required information specified in
rule 3745-560-04 of the Administrative Code. (2) A summary of any maintenance
performed on the waste handling floor and the leachate control system installed
at the facility.
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Rule 3745-560-120 | Compost product distribution requirements for class I composting facilities.
Effective:
October 1, 2018
(A) Compost product
distribution. (1) Compost produced from
mixed solid waste shall be disposed at a licensed sanitary landfill facility or
may be used at a licensed sanitary landfill facility where the operator has
obtained authorization for use of such compost in accordance with Chapter
3745-27 of the Administrative Code. (2) Except as provided in
paragraph (A)(1) of this rule, an owner or operator shall only distribute
compost that has been sampled in accordance with rule 3745-560-125 of the
Administrative Code and meets the compost quality standards of rule
3745-560-130 of the Administrative Code. (3) Compost that meets
the applicable quality standards of rule 3745-560-130 of the Administrative
Code may be distributed as compost product for use in accordance with accepted
agricultural, silvicultural, or horticultural practices. (4) Compost that does not
meet the quality standards shall be reintroduced into the composting process,
taken to another appropriate class of composting facility for further
composting, disposed in a licensed solid waste disposal facility, or
distributed for an alternative use after approval by the director in accordance
with this rule. (5) If compost product is
mixed with any amount of additional feedstocks, bulking agents, additives, or
other untested compost, then the compost product is considered to be
cross-contaminated and no longer a product. The compost shall be re-sampled and
re-tested prior to distribution. [Comment: Compost containing mixed solid waste
may only be distributed in accordance with paragraph (A)(1) of this
rule.] (B) Product information and availability
of test results. (1) Compost product that
is distributed in packaged form shall be conspicuously labeled with product
information. Product information shall be available in written form for compost
product distributed without packaging. At a minimum, product information shall
contain the following information: (a) Name and address of the composting facility. (b) Any feedstocks, bulking agents, and additives
used. (c) Recommended uses for the compost product. (d) Any owner or operator recommended restrictions on the use of
the compost product. (2) Upon request, the
owner or operator shall provide the customer a summary of results from testing
required in accordance with this rule. (C) Request for approval for land
application or alternative use of compost that does not meet applicable
standards for compost product. The owner or operator whose compost has been
sampled and tested in accordance with rules 3745-560-125 and 3745-560-130 of
the Administrative Code and exceeds any of the applicable concentration limits
may submit a written request for approval for land application or alternative
use of the compost. At a minimum, a request for approval for land application
or alternative use shall include the following information: (1) Total quantity of
compost and a detailed list of all feedstocks, bulking agents, and additives
utilized to produce the compost. (2) A copy of the test
results of the compost required in accordance with rule 3745-560-130 of the
Administrative Code. (3) An explanation as to
why the compost is unable to meet the quality standards specified in rule
3745-560-130 of the Administrative Code. (4) A detailed
description of the proposed alternative use, if not requesting land
application. (5) A detailed narrative
of how the requested alternative use will not adversely affect the public
health or safety or the environment. (6) A copy of test
results for soil from the proposed location of land application. The soil tests
shall include the same parameters for the standards exceeded by the
compost. (7) The location of
proposed land application, total acreage to be utilized, and proposed
application rate including justification of specific application rates, safe
uses, and any applicable restrictions. (8) Any other information
deemed necessary by the director. (D) Criteria for approval of a request
for land application or alternative use of compost that does not meet
applicable standards for compost product. The director may approve and
condition a request for land application or alternative use of compost that
does not meet applicable quality standards if the director determines the
following: (1) The compost was not
produced from mixed solid waste feedstock. (2) The proposed land
application or alternative use does not cause or threaten to cause an adverse
effect to the public health or safety or the environment. (3) The proposed land
application or alternative use is in accordance with accepted agricultural,
silvicultural, or horticultural practices.
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Rule 3745-560-125 | Compost sampling requirements for class I composting facilities.
Effective:
October 1, 2018
(A) The owner or operator shall sample
the compost in accordance with the following: (1) Determine the volume
of the pile of compost and record in the log of operations. (2) Obtain one composite
sample from each pile no greater than ten thousand cubic yards as
follows: (a) Each composite sample shall consist of nine grab
samples of equal volume. (b) Three grab samples shall be taken at different depths
from three equally divided locations of the pile of compost. (c) Thoroughly mix grab samples in a clean container to
form one composite sample of a minimum volume of four quarts. (3) Extract a sub-sample
of a minimum volume of two quarts from the composite sample and place in a
clean container. (4) At a minimum, label
the sample container to document the collection date, time, and person
obtaining the sample. (5) Samples collected for
testing of table 2 in rule 3745-560-130 of the Administrative Code shall be
prepared and analysis started within one of the following time
frames: (a) Not later than eight hours after the collection of the
sample. (b) Not later than forty-eight hours after the collection
of the sample when refrigerated and maintained at four degrees
Centigrade. (6) Sample collection and
preservation shall ensure valid and representative results. (B) Authorization for alternative
frequency of sampling or sampling method. Ohio EPA may approve and condition a
request for an alternative frequency of sampling or sampling method the
alternative frequency or method is determined to ensure equivalent protection
of public health and safety and the environment. The determination shall be
based on the information provided in paragraphs (C) and (D) of this rule and
any other information required by Ohio EPA. (C) Request for approval of an
alternative frequency of sampling. After one year of operation, the owner or
operator may submit a written request for approval for an alternative frequency
of sampling. The request shall include at a minimum the following
information: (1) A description of the
proposed alternative frequency of sampling including how compliance with
applicable quality standards will be ensured. (2) The feedstocks,
bulking agents, and additives accepted at the facility. (3) A copy of the test
results for at least five consecutive sampling and testing cycles in accordance
with this rule and rule 3745-560-130 of the Administrative Code. (4) A description of the composting mix
including but not limited to the feedstock to bulking agent ratio. (D) Request for approval of an
alternative sampling method. The owner or operator may submit a written request
for approval of an alternative sampling method. The request shall include at a
minimum the following information: (1) A detailed narrative
of how the requested alternative sampling or testing method will ensure
compliance with applicable quality standards. (2) The feedstocks,
bulking agents, and additives accepted at the facility. (E) Ohio EPA may require the owner or
operator to submit additional information upon review of a request generated in
accordance with paragraph (C) or (D) of this rule. (F) The owner or operator who has obtained an approval for
an alternative frequency of sampling, sampling method, or testing method shall
immediately notify the director of changes in the feedstocks, bulking agents,
or additives composted or mix ratio for composting and simultaneously shall
commence complying with this rule and rule 3745-560-130 of the Administrative
Code.
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Rule 3745-560-130 | Compost quality standards for class I composting facilities.
Effective:
October 1, 2018
[Comment: For dates of non regulatory government
publications, publications of recognized organizations and associations, test
methods, federal rules, and federal statutory provisions referenced in this
rule, see rule 3745-500-03 of the Administrative Code titled "Incorporation by
reference."] (A) The compost quality standards in this paragraph are
applicable to all compost produced from yard waste, animal waste, agricultural
plant materials, food scraps, dead animals, raw rendering material, and
alternative materials. The quality standards are not applicable to compost
produced with mixed solid waste subject to paragraph (A)(1) of rule
3745-560-120 of the Administrative Code. The owner or operator shall have the
samples collected in accordance with rule 3745-560-125 of the Administrative
Code analyzed using the methods specified in tables 1 to 4 of this rule or
other methods authorized by the director pursuant to rule 3745-560-06 of the
Administrative Code. Test results shall demonstrate that concentration limits
are not exceeded for the parameters listed in tables 1 to 3 of this rule. The
owner or operator shall also have the samples analyzed for the parameters
identified in table 4, which have no associated concentration limits, to ensure
usage of compost product in accordance with accepted agricultural,
silvicultural, or horticultural practices. | Parameter | Concentration limit mg/kg dry weight | Preparation methods | Analytical methods | TMECC equivalent methods | | Arsenic | 41 | SW-846 3050B orSW-846 3051A | SW-846 6010D or SW-8466020B or SW-846 7010 | TMECC 04.06-As | | Boron | See Table 4 | | Cadmium | 35 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Cd | | Copper | 1500 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Cu | | Lead | 300 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Pb | | Mercury | 7.8 | SW-846 7471B | SW-846 7471B SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Hg | | Nickel | 420 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7010 | TMECC 04.06-Ni | | Selenium | 100 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B | TMECC 04.06-Se | | Zinc | 2800 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 or 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Zn |
| Parameter | Microbial count | Preparation method | Analytical method | TMECC equivalent method | | Fecal coliform | Limit of less than 1000 Most Probable Number per gram of total solids (dry weight) (1000 MPN/GTS) | Standard methods part 9221E or part 9222D | Standard methods 9260B and either 9222D or 9221E or 9223 | TMECC 07.01-B | | Salmonella spp. | Limit of less than 3 Most Probable Number per 4 grams of total solids (3MPN/4GTS) | Standard method part 9260B | Standard methods 9260B and either 9222D or 9221E, or Neogen Reveal 2.0 | TMECC 07.02 |
| Parameter | Concentration limit mg/kg dry weight | Preparation method | Analytical method | TMECC equivalent method | | Inert matter | 1.0% by weight on No. 5 sieve (four mm screen) and no more than a fourth of this inert matter may be plastic | U.S. EPA 160.3 Methods for Chemical Analysis of Water and Wastes | Detailed below | TMECC 03.08 | | Method for determining percent inert matter. Inert matter content shall be determined by passing a dried, weighed sample of not less than one hundred grams of compost through a "U.S. standard No. 5 sieve" (four millimeter). The material remaining on the screen shall be inspected and the inert matter shall be separated and weighed. The weight of the inert matter divided by the total weight of the compost sample and multiplied by one hundred shall be the per cent dry weight of the inert matter content. |
| Parameter | Analytical method | | Boron | TMECC 04.05-B or Preparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D or SW-846 6020B | | Maturity | TMECC 05.08-A Specific Oxygen Uptake Rate or TMECC 05.08-B Carbon Dioxide Evolution Rate or TMECC 05.08-C In-situ Oxygen Refresh Rate or TMECC 05.08-D Dewar Self-Heating Test or TMECC 05.08-E Solvita Maturity Index or TMECC 05.08-F Biologically Available Carbon | | pH | TMECC 04.11-A or North central regional (NCR) publication 221 or SW-846 9045D soil pH or ASTM D2976 | | Salinity | TMECC 04.10 A or NCR publication 221 | | Total nitrogen | AOAC 968.06 or TMECC 04.02-D or TMECC 04.02-A | | Total organic carbon | SW-846 9060 A or TMECC 04.01-A | | Total phosphorus | TMECC 04.03-A or Preparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D or SW-846 6020B | | Total potassium | TMECC 04.04-A or Preparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D or SW-846 6020B or SW-846 7000B |
[Comment: Acceptable levels of maturity will vary according
to end-user application (note: check date of maturity test). Acceptable pH level will vary according to
end-user application and will generally be in the 5.5 - 8.5 range. Acceptable levels of soluble salts will vary
according to end-user applications. The optimal ranges for growing media
(compost amended soil) is 0.5 to 4.5 millimho per centimeter. Compost producers may provide pH and soluble
salts information in product literature for the intended end-user application
that reflect user industry standards.] (B) Supplementary compost quality standards. Additional
information or testing of feedstocks, bulking agents, additives, compost, or
compost product may be required to ensure the standards are appropriately
protective of public health, safety, or the environment. (1) Upon written notification from Ohio
EPA, the owner or operator shall provide information regarding the feedstocks,
bulking agents, additives, compost, or compost product including but not
limited to the following: (a) The source of the feedstocks, bulking agents, and additives,
including a description of the process used to generate the feedstocks, bulking
agents, and additives. (b) A description of the chemical and biological constituents and
results for any testing requested by Ohio EPA. (c) Any other information deemed necessary by Ohio
EPA. (2) Upon review of such additional
information, the director may establish additional conditions or quality
standards for the compost. The director shall provide written notification to
the owner or operator of such conditions or standards. (C) Authorization for an alternative
preparation or analytical testing method. Ohio EPA may approve and condition a
request for alternative testing methods upon determination that the alternative
methods ensure equivalent protection of public health, safety, and the
environment. The owner or operator may submit a written request for approval of
an alternative testing method that includes at a minimum the following
information: (1) The feedstocks,
bulking agents, and additives accepted at the facility. (2) A description or
published references to the scientifically recognized preparation or analytical
method that will provide equivalent or improved test results. (3) A narrative of how
the requested alternative sampling or testing method will ensure compliance
with applicable quality standards. (D) Ohio EPA may require the owner or operator to submit
additional information upon review of a request generated in accordance with
paragraph (C) of this rule. (E) An owner or operator who has obtained an approval for
an alternative preparation or analytical testing method shall immediately
notify the director of changes in the feedstocks, bulking agents, or additives
composed or the mix ratio for composting and simultaneously shall commence
complying with this rule.
Last updated May 18, 2023 at 10:13 AM
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Rule 3745-560-135 | Closure and termination requirements for class I composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a composting
facility shall perform closure as specified in this rule if any of the
following occur: (1) The composting
facility ceases to be an active composting facility. (2) The director revokes
the facility permit to install pursuant to paragraph (B) of rule 3745-560-101
of the Administrative Code. (3) A solid waste
facility license held by the owner or operator of the composting facility
expires and no license renewal has been applied for in the manner prescribed in
Chapter 3745-501 of the Administrative Code. (4) A solid waste
facility license held by the owner or operator of the composting facility
expires and a license renewal has been applied for and denied as a final action
of the licensing authority. (5) A solid waste
facility license held by the owner or operator of the composting facility has
been revoked as a final action of the licensing authority. (6) The director issues a
final action addressing the following: (a) The owner or operator sells or offers for sale at
retail or wholesale, uses, distributes for use, or gives away any compost that
does not comply with the applicable quality standards established in this
chapter. (b) Waste materials were accepted at the facility prior to
obtaining a license in accordance with Chapter 3745-501 of the Administrative
Code. (c) The establishment or operation of the composting
facility has violated Chapter 3704., 3714., 3734., or 6111. of the Revised Code
or rules adopted thereunder. (B) The owner or operator of a facility
required to perform closure in accordance with this rule shall do the
following: (1) If the facility is
closing pursuant to paragraph (A)(1) of this rule, send a written notification
to Ohio EPA, the approved board of health, and the solid waste management
district indicating the date on which the facility will cease acceptance of the
waste materials. (2) Not later than seven
days after closure is required under paragraph (A) of this rule, the owner or
operator of a composting facility that allowed public access shall post signs,
stating in letters not less than three inches high that the facility is closed.
The signs shall be posted in such a manner as to be easily visible at all
access points into the facility and shall be maintained in legible condition
for not less than one year, or until the facility re-opens as a registered
composting facility or is converted to an alternative use. The text of the
signs shall be the following: "This facility is closed for all
composting activities and all receipt of waste materials. Depositing solid
wastes at this site constitutes open dumping which is a violation of Chapter
3734. of the Revised Code." (3) Conduct the facility
closure requirements in accordance with paragraph (C) of this
rule. (4) Send written
notification to Ohio EPA or approved board of health certifying that the
facility closure requirements have been completed in accordance with this
rule. (5) Comply with rule
3745-560-110 of the Administrative Code until receipt of a letter of
concurrence from Ohio EPA or the approved board of health stating that the
facility is in compliance with the closure requirements of this
rule. (C) Closure requirements. The owner or
operator shall perform the following closure activities: (1) Remove compost products and solid
wastes from the composting facility. (2) Remove and properly dispose of
leachate remaining on the site in accordance with applicable laws and
regulations. (3) Modify, remove, or seal the leachate
collection system to prevent discharges from the system to surface waters of
the state or ground water unless such discharges are otherwise regulated in
accordance with Chapter 6111. of the Revised Code. (4) Clean containers, equipment,
machines, and materials placement area surfaces that were in contact with solid
wastes at any time during the operation of the facility using procedures that
substantially reduce or eliminate any remaining constituents or contaminants.
This paragraph does not apply to materials placement area surfaces composed of
soil, gravel, slag, or other permeable material. (D) Termination of a class I composting
facility permit to install. (1) A class I composting
facility permit to install shall terminate in accordance with rule 3745-500-130
of the Administrative Code. (2) A permit to install
for a facility that completed closure shall terminate upon receipt of a letter
of concurrence by Ohio EPA or the approved board of health stating that the
facility is in compliance with the closure requirements contained in this
rule. (E) An owner or operator who requests the
termination of the composting facility permit after the composting facility
ceases to be an active composting facility, for the purpose of a change to a
class II, III, or IV composting facility, or to change to a yard waste only
transfer facility in accordance with Chapter 3745-555 of the Administrative
Code, may submit a written request to Ohio EPA or the approved board of health
for alternative closure requirements. Ohio EPA or the approved board of health
may approve alternative closure requirements provided the requirements are
protective of public health, safety, and the environment.
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Rule 3745-560-200 | Class II composting facility establishment.
(A) No person shall establish a new class II composting facility or continue to operate an existing facility without first having submitted the following: (1) A registration application in accordance with this rule. (2) An executed financial assurance instrument pursuant to rule 3745-503-05 of the Administrative Code for an amount not less than the current closure cost estimate established in accordance with rule 3745-560-05 of the Administrative Code. (B) No person shall operate a class II composting facility without first having obtained a solid waste license pursuant to Chapter 3745-501 of the Administrative Code. (C) Registration of class II composting facility. A registration application shall include the following: (1) Registration form prescribed by the director including but not limited to business name, contact person including operator and property owner, contact information, location of the proposed composting facility, closure cost estimate, and a statement certifying compliance with the siting criteria specified in paragraph (D) of this rule. (2) Plan view drawing, using a scale of one inch equals no greater than one hundred feet, showing the following information inside the facility boundaries and within five hundred feet beyond the facility boundaries: (a) The property lines of land owned or leased for the composting facility. (b) The boundary lines for the composting facility. (c) Public roads, railroads, and structures. (d) Existing topography showing contours, streams, wetlands, lakes, springs, and other surface waters of the state. (e) The north arrow. (f) Boundary lines for the materials placement area based on the design capacity and the operational capacity, if the operational capacity is different than the design capacity. The boundary lines shall include the areas for each of the following: (i) Composting and materials processing. (ii) Receiving and storage of feedstocks, bulking agents, or additives. (iii) Storage of alternative materials authorized pursuant to rule 3745-560-205 of the Administrative Code and the composting processing area dedicated to these materials. (iv) Storage of compost product. (g) Existing occupied dwellings. (h) Any leachate management structure. (i) The limits of the one hundred year floodplain. (j) National park or national recreation areas, candidate areas for potential inclusion into the national park system, and any state park or established state park purchase areas. (k) Any state or Ohio history connection nature preserves, state wildlife areas and national wildlife refuges, national and state wild scenic and recreational rivers, special interest areas and research natural areas in the Wayne national forest, state resource waters, coldwater habitats, and exceptional warmwater habitats. [Comment: Both the Ohio department of natural resources and the Ohio history connection, formerly the Ohio historical society, designate state nature preserves in Ohio.] (l) Existing public water supply wells, developed springs, or private potable water supply wells. (m) Existing drainage sinkholes or agricultural drainage wells. (n) The direction of the downward slopes and drainage for the materials placement area. (3) Calculation of the design capacity of the composting facility. (4) Calculation of the operational capacity of the composting facility which shall be less than or equal to the design capacity of the composting facility. Facilities accepting authorized alternative materials upon initial registration shall also specify the maximum capacity and area dedicated to alternative materials. (5) Copies of consent letters pursuant to paragraph (D) of this rule. (6) Copies of the letters of intent required in paragraph (E) of this rule. (D) On the date the registration application is received by Ohio EPA, the limits of materials placement and leachate management structures shall meet the following siting criteria: (1) Unless located in an enclosed building, materials placement area and leachate management structures shall not be located within the following: (a) Two hundred feet from any surface waters of the state. (b) Three hundred feet from a known sinkhole or agricultural drainage well. (c) The sanitary isolation radius of public water system drinking water supply wells as calculated using the formulas specified in rule 3745-9-04 of the Administrative Code. (d) Three hundred feet from a private water system drinking water supply well that is not controlled by the facility. (e) Fifty feet from a private water system drinking water supply well that is controlled by the facility owner. (f) Three hundred feet from a transient non-community public water system drinking water supply well. (g) Two hundred fifty feet from an occupied dwelling, unless the occupied dwelling is owned or leased by the owner or operator or the owner or operator has received written consent from the owner of the occupied dwelling. (h) Five hundred feet from the following: (i) An area designated by the Ohio department of natural resources as either a state nature preserve, a state wildlife area, or a state scenic river. (ii) An area designated, owned, and managed by the Ohio history connection as a nature preserve. (iii) An area designated by the United States department of the interior as either a national wildlife refuge or a national scenic river. (iv) An area designated by the United States forest service as either a special interest area or a research natural area in the Wayne national forest. (v) Surface waters of the state designated by Ohio EPA as either a state resource water, an outstanding national resource water, a superior high quality water, a coldwater habitat, or an exceptional warmwater habitat. (i) A one hundred year floodplain, unless the owner or operator demonstrates in the registration application that the facility will be designed, constructed, operated, and maintained to prevent washout of any waste materials by a one-hundred-year flood. (j) The inner management zone (one year time of travel) of a drinking water source protection area for a community or non-transient, non-community public water system using ground water. (2) The portions of the materials placement area and leachate management structures located within an enclosed building shall comply with paragraphs (D)(1)(h) to (D)(1)(j) of this rule. For the purposes of this rule, an "enclosed building" means a structure with a low-permeability floor, walls, doors, and a roof that is capable of enclosing all waste handling areas, preventing rain from reaching the enclosed waste handling areas, and containing and collecting leachate within the enclosed waste handling areas. (3) Except for facilities which exclusively compost wastes generated within state parks or national parks, or national recreation areas, as of the date the initial registration application was submitted, the materials placement areas and leachate management system of the composting facility shall not be located in any one or combination of the following: (a) A national park or national recreation area. (b) A state park or an established state park purchase area. (c) A candidate area for potential inclusion in the national park system. (d) A property that lies within the boundaries of a national park or national recreation area but that has not been acquired or is not administered by the secretary of the United States department of the interior. (E) Concurrent to submittal of the registration application, letters of intent to establish a composting facility which include a description of property and facility boundaries shall be sent by certified mail or any other form of mail accompanied by a receipt requested to the following: (1) The governments of the general purpose political subdivisions where the facility is proposed to be located including but not limited to local health departments, county commissioners, legislative authority of a municipal corporation, or the board of township trustees. (2) The single or joint county solid waste management district or districts or regional solid waste management authority or authorities where the facility is proposed to be located. (3) The owner or lessee of any easement or right of way bordering or within the proposed facility boundaries which may be affected by the proposed solid waste facility. (4) The local zoning authority having jurisdiction. (5) The park system administrator, if any part of the proposed facility is to be located within or will share the park boundary. (6) The conservancy district, if any part of the proposed facility is to be located within or will share the conservancy district boundary. (7) The fire department having responsibility for providing fire control services where the proposed facility is to be located. (F) Upon written notification by Ohio EPA that the registration application is incomplete, the applicant shall correct noted deficiencies and resubmit the registration application not later than thirty days after receipt of the notification. (G) Amendments to an existing registration. The registrant shall ensure that changes to the composting facility are in compliance with applicable regulations and all information contained on the plan view drawing and registration application is current by submitting an amended registration application as follows: (1) An amendment to an existing registration is required for changes in the information on the registration application, which may include but is not limited to the information required by paragraph (C) of this rule. (2) An amendment to an existing registration involving any proposed change to the materials placement area shall include a revised plan view drawing submitted prior to implementation of any change. The plan view drawing shall include the information required in this rule. Any change to the materials placement area requires written concurrence from Ohio EPA acknowledging compliance with this chapter. If the amendment to the existing registration does not involve any proposed changes to the existing registration's plan drawing, the amendment may reference the existing registration's plan drawing. (H) Composting facilities registered prior to April 2, 2012 shall comply with siting criteria in effect on the date of initial registration.
Last updated May 5, 2023 at 3:59 PM
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Rule 3745-560-201 | Criteria for approval of a class II composting facility registration.
Effective:
October 1, 2018
A class II composting facility shall not be
considered registered unless compliance with the following are determined by
Ohio EPA: (A) The registration
application contains the information required in forms prescribed by the
director as established in rule 3745-560-200 of the Administrative
Code. (B) The siting criteria as
established in rule 3745-560-200 of the Administrative Code have been
met. (C) The plan view drawing
contains the information required in rule 3745-560-200 of the Administrative
Code. (D) The letters of intent
were sent in accordance with rule 3745-560-200 of the Administrative
Code. (E) If the proposed
composting facility is established on land where a hazardous or solid waste
facility was operated, the owner or operator has obtained previous
authorization as required by rule 3745-27-13 of the Administrative
Code. (F) The owner or operator
is in substantial compliance at other solid waste disposal facilities that are
owned or operated by the owner or operator. (G) The establishment and
operation of the composting facility will not violate Chapter 3704., 3734., or
6111. of the Revised Code. (H) If Ohio EPA determines
that information in addition to that required by rule 3745-560-200 of the
Administrative Code is necessary to determine whether the criteria set forth in
paragraph (A) of this rule are satisfied, Ohio EPA may require that the
applicant supply such information as a precondition to further consideration of
the registration application.
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Rule 3745-560-202 | Construction and commencement of operations at class II composting facilities.
Effective:
October 1, 2018
(A) Facility design and construction. The
composting facility shall be designed and constructed to meet the
following: (1) The land surface of
the materials placement area shall have a slope greater than or equal to one
per cent and less than or equal to six per cent so as to direct surface water
to collection points or otherwise control the surface water
drainage. (2) Prevent run-on from
reaching the materials placement area. (3) Prevent ponding and
erosion. (4) Minimize the
potential impact to surface water and ground water. (5) Collect and contain
leachate within the boundary of the composting facility and prevent leachate
from discharging to waters of the state, unless otherwise authorized pursuant
to Chapter 6111. of the Revised Code. (6) Construction of the
materials placement area to allow facility operation during inclement
weather. (7) Construction of roads
within the facility boundary to allow for passage of vehicles at all
times. (8) Signs are posted with
letters not less than three inches in height at the entrance of the composting
facility that include the following statement: "This composting facility only accepts
authorized wastes and authorized materials, and will not accept hazardous
wastes, asbestos, batteries, or other prohibited materials." (B) Site preparation. The following
requirements shall be completed prior to initial acceptance of feedstocks,
bulking agents, or additives at the composting facility: (1) The composting
facility and materials placement area has been constructed in accordance with
paragraph (A) of this rule. (2) Leachate and surface
water management structures, if applicable, have been constructed in accordance
with Chapter 6111. of the Revised Code. (3) Signs are posted in
accordance with paragraph (A) of this rule. (C) Initial acceptance of feedstocks. The
owner or operator may begin to accept feedstocks, bulking agents, or additives
if the owner or operator has submitted a registration application that complies
with paragraphs (A) and (B) of rule 3745-560-201 of the Administrative Code,
the owner or operator has complied with paragraphs (A) and (B) of this rule,
and one of the following occurs: (1) The prepared
composting facility has been inspected and written concurrence has been
received from Ohio EPA acknowledging compliance with this rule. (2) Ninety days have
passed since Ohio EPA received the registration application. (D) Notwithstanding the provisions of
paragraph (C) of this rule, the owner or operator shall not begin to accept
feedstocks, bulking agents, or additives if not later than ninety days after
Ohio EPA received the registration application, the director has provided a
written notification of deficiency to the owner or operator that the
registration application does not comply with paragraphs (A) and (B) of rule
3745-560-201 of the Administrative Code or that the owner or operator has not
complied with paragraphs (A) and (B) of this rule. If the owner or operator
fails to address the deficiencies, the director may deny the registration
application or approve the registration application with a variance or
exemption.
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Rule 3745-560-205 | Alternative materials request for class II composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a class II
composting facility may submit a written request to the director for approval
to accept alternative materials not otherwise prohibited or authorized in
accordance with rule 3745-560-210 of the Administrative Code. The request shall
be submitted on forms prescribed by the director and include at a minimum the
following: (1) A detailed
description of the material to be accepted including any available analytical
data, and any known or potential contaminants or pathogens that may cause or
threaten to cause adverse impact to public health, safety, or the
environment. (2) The source and
suppliers of the material. (3) 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 the waste. (4) The maximum amount of
the material that the facility may accept on a daily basis. (5) A detailed
description of the intended use as a feedstock, bulking agent, or additive and
the how the alternative material might function for that use. (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 3745-560-210 of the Administrative Code
including the methods that will be used to control the impacts. (7) Whether the owner or
operator is requesting to compost the material on a temporary or continued
basis. (8) A detailed
description of how the material will be managed at the facility. At a minimum,
the description shall include the following: (a) Whether the owner or operator will shred or screen the
material prior to incorporation into the composting process. (b) What equipment will be utilized. (c) 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. (d) The method of composting utilized and any other methods
of conditioning compostable material to be be used, if applicable. (e) 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. (f) Any special management requirements due to the
physical, biological or chemical characteristics of the alternative
material. (9) How the owner or
operator intends to distribute or otherwise utilize the compost
product. (10) The revised closure
cost estimate prepared in accordance with rule 3745-560-05 of the
Administrative Code. (11) Any other
information deemed necessary by Ohio EPA. (B) The director may approve and
condition a request submitted in accordance with this rule upon determination
of the following: (1) The use of the
alternative material is technically feasible for composting and the owner or
operator will use an approved composting method. (2) The owner or operator
has appropriate equipment and has demonstrated that there is enough operational
capacity at the facility to manage the alternative material. (3) The submitted
analytical data demonstrates that if the alternative material exceeds the
parameters specified in rule 3745-560-230 of the Administrative Code, the
applicant has demonstrated that the compost produced will meet the compost
quality standards specified in rule 3745-560-230 of the Administrative
Code. (4) The acceptance of the alternative
material is unlikely to cause violations of Chapter 3704., 3734., or 6111. of
the Revised Code, this chapter, or any other applicable federal or state
laws. (5) The acceptance, processing, and use
of the material is unlikely to adversely affect or threaten to cause an adverse
impact to public health, safety, or the environment. (C) The director may establish additional
compost quality standards for the alternative materials requested to protect
public health, safety, and the environment.
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Rule 3745-560-210 | Operational requirements for class II composting facilities.
Effective:
October 1, 2018
(A) Authorizing documents. The owner or
operator shall operate the facility in accordance with applicable authorizing
documents including but not limited to maintaining the design and operational
capacities specified in the registration. 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. [Comment: Changes to the facility registration in
accordance with paragraph (G) of rule 3745-560-200 of the Administrative Code
may require submittal of an amended registration.] (B) Authorized materials. The owner or
operator shall only accept yard waste, agricultural plant materials, dead
animals, raw rendering material, 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. (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 any 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) Vermicomposting. The
construction, placement, and maintenance of vermicomposting beds, bins, and
batch reactors systems shall facilitate the survival of the earthworms. Solid
waste material to be fed to earthworms shall be managed to achieve pathogen
reduction prior to feeding to the earthworms. (6) 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) Methods of conditioning compostable
materials. The owner or operator may manage authorized materials in conjunction
with the composting methods in paragraph (D) of this rule by utilizing any of
the following methods: (1) Acidic anaerobic
fermentation. The owner or operator shall construct containers and utilize
microbial inoculum to allow for and maintain acidic anaerobic fermentation
conditions. The owner or operator shall maintain materials in sealed containers
for a length of time sufficient for acidic anaerobic fermentation to occur, and
acidic conditions shall be maintained between a pH range of 3.5 to
6.0. (2) Other methods. The owner or operator
may submit a written request to the director for approval of an alternative
method of conditioning compostable materials. At a minimum, the request shall
include a detailed description of the alternative method and how the method
will enable controlled biological decomposition and comply with the operational
requirements specified in this rule. (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 management. 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 management. 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. When public access
is allowed, the owner or operator shall maintain signs posted in accordance
with rule 3745-560-202 of the Administrative Code. (L) Wood processing and management. The
owner or operator when accepting tree stumps, trunks, limbs, or clean untreated
wood shall do the following: (1) Shred, grind, 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, grind, 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) Manage surface water in accordance
with Chapter 6111. of the Revised Code. (2) Minimize run-on from
reaching the materials placement area. (3) Undertake actions as
necessary to correct the conditions causing the erosion or ponding, unless the
ponding is for the purposes of collection. (4) Divert surface water away from the
materials placement area. Ensure that the land surface of the materials
placement area maintains a slope greater than or equal to one per cent and less
than or equal to six per cent to direct surface water to collection points or
otherwise control the surface water drainage. (5) Maintain any
structures or mechanisms used for the collection or containment of runoff, if
applicable. (6) 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) Manage leachate in
accordance with Chapter 6111. of the Revised Code. (2) Take action to minimize, control, or
eliminate the conditions which contribute to the production of
leachate. (3) Minimize ponding of
leachate in the materials placement area. (4) Eliminate the conditions that
contribute to the unauthorized discharge of leachate from the composting
facility. (5) Collect and contain leachate within
the boundary of the composting facility and prevent leachate from discharging
to waters of the state, unless the discharge is authorized pursuant to Chapter
6111. of the Revised Code. (6) If applicable, maintain any
structures or mechanisms used for the collection or containment of
leachate. [Comment: Leachate may be collected and contained
for reintroduction into the composting process.] (O) Cross-contamination management. 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) Dead animals and raw rendering
material management. An owner or operator that accepts dead animals and raw
rendering material shall manage these materials in accordance with rule
3745-560-15 of the Administrative Code. (R) Upon written notice, Ohio EPA or the
approved board of health may require the owner or operator to submit a written
narrative describing the current or planned management practices for any or all
of the areas of management under paragraphs (C) to (Q) of this rule. Unless
otherwise specified in the notice, the owner or operator shall submit the
narrative to Ohio EPA or the approved board of health not later than thirty
days upon receipt of the notice. (S) 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, safety, or the environment.
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Rule 3745-560-215 | Record keeping requirements for class II composting facilities.
Effective:
October 1, 2018
(A) Record retention and availability. The owner or
operator shall do the following: (1) Maintain records specified in this
rule for a period of at least three years. (2) Have records available for inspection
by the approved board of health or Ohio EPA during normal operating
hours. (3) Upon request, submit records to Ohio
EPA or the approved board of health. (B) Log of operation. The owner or operator shall do the
following: (1) Record the facility operations on the
log of operation forms as specified in rule 3745-560-04 of the Administrative
Code. (2) Complete the log of operation daily
unless the owner or operator has received written concurrence for an
alternative frequency from Ohio EPA or the approved board of
health. (C) Annual report. Not later than February first of each
year, the owner or operator shall submit an annual report to Ohio EPA. The
annual report shall include the required information specified in rule
3745-560-04 of the Administrative Code.
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Rule 3745-560-220 | Compost product distribution requirements for class II composting facilities.
Effective:
October 1, 2018
(A) Compost product distribution. The
compost product distribution requirements of this rule shall not apply to the
owner or operator of a class II composting facility provided that all compost
produced is utilized exclusively on property owned by the owner of the
facility. (1) An owner or operator
shall only distribute compost that has been sampled in accordance with rule
3745-560-225 of the Administrative Code and meets the compost quality standards
of rule 3745-560-230 of the Administrative Code. (2) Compost that meets
the applicable quality standards may be distributed as compost product for use
in accordance with accepted agricultural, silvicultural, or horticultural
practices. (3) Compost that does not
meet the quality standards shall be reintroduced into the composting process,
taken to another appropriate class of composting facility for further
composting, disposed in a licensed solid waste disposal facility, or
distributed for an alternative use after approval by the director in accordance
with this rule. (4) If compost product is
mixed with any amount of additional feedstocks, bulking agents, additives, or
other untested compost, then the compost product is considered to be
cross-contaminated and no longer a product. The compost shall be re-sampled and
re-tested prior to distribution. (5) Any compost product
may be blended with other compost products prior to distribution. (B) Product information and availability
of test results. (1) Compost product that
is distributed in packaged form shall be conspicuously labeled with product
information. Product information shall be available in written form for compost
product distributed without packaging. At a minimum, product information shall
contain the following information: (a) Name and address of the composting
facility. (b) Any feedstocks, bulking agents, and additives
used. (c) Recommended uses for the compost product. (d) Any owner or operator recommended restrictions on the
use of the compost product. (2) Upon request, the
owner or operator shall provide the customer a summary of results from testing
required in accordance with this rule. (C) Request for approval for land
application or alternative use of compost that does not meet applicable
standards for compost product. The owner or operator whose compost has been
sampled and tested in accordance with rules 3745-560-225 and 3745-560-230 of
the Administrative Code and exceeds any of the applicable concentration limits
may submit a written request for approval for land application or alternative
use of the compost. At a minimum, a request for approval for land application
or alternative use shall include the following information: (1) Total quantity of
compost and a detailed list of all feedstocks, bulking agents, and additives
utilized to produce the compost. (2) A copy of the test
results of the compost required in accordance with rule 3745-560-230 of the
Administrative Code. (3) An explanation as to
why the compost is unable to meet the quality standards specified in rule
3745-560-230 of the Administrative Code. (4) A detailed
description of the proposed alternative use, if not requesting land
application. (5) A detailed narrative
of how the requested alternative use will not adversely affect the public
health or safety or the environment. (6) A copy of test
results for soil from the proposed location of land application. The soil tests
shall include the same parameters for the standards exceeded by the
compost. (7) The location of
proposed land application, total acreage to be utilized, and proposed
application rate including justification of specific application rates, safe
uses, and any applicable restrictions. (8) Any other information
deemed necessary by the director. (D) Criteria for approval of a request
for land application or alternative use of compost that does not meet
applicable standards for compost product. The director may approve and
condition a request for land application or alternative use of compost that
does not meet applicable quality standards if the director determines the
following: (1) The proposed land
application or alternative use does not cause or threaten to cause an adverse
impact to public health, safety, or the environment. (2) The proposed land
application or alternative use is in accordance with accepted agricultural,
silvicultural, or horticultural practices.
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Rule 3745-560-225 | Compost sampling requirements for class II composting facilities.
Effective:
October 1, 2018
(A) The owner or operator shall sample
the compost in accordance with the following: (1) Determine the volume
of the pile of compost and record in the log of operations. (2) Obtain one composite
sample from each pile no greater than ten thousand cubic yards as
follows: (a) Each composite sample shall consist of nine grab samples of
equal volume. (b) Three grab samples shall be taken at different depths from
three equally divided locations of the pile of compost. (c) Thoroughly mix grab samples in a clean container to form one
composite sample of a minimum volume of four quarts. (3) Extract a sub-sample
of a minimum volume of two quarts from the composite sample and place in a
clean container. (4) At a minimum, label
the sample container to document the collection date, time, and person
obtaining the sample. (5) Samples collected for
testing of table 2 in rule 3745-560-230 of the Administrative Code shall be
prepared and analysis started within one of the following time
frames: (a) Not later than eight hours after the collection of the
sample. (b) Not later than forty-eight hours after the collection of the
sample when refrigerated and maintained at four degrees
Centigrade. (6) Sample collection and
preservation shall ensure valid and representative results. (B) Authorization for alternative
frequency of sampling or sampling method. Ohio EPA may approve and condition a
request for an alternative frequency of sampling or sampling method if the
alternative frequency or method is determined to ensure equivalent protection
of public health and safety and the environment. The determination shall be
based on the information provided in paragraphs (C) and (D) of this rule and
any other information required by Ohio EPA. (C) Request for approval of an
alternative frequency of sampling. After one year of operation, the owner or
operator may submit a written request for approval for an alternative frequency
of sampling. The request shall include at a minimum the following
information: (1) A description of the
proposed alternative frequency of sampling including how it will ensure
compliance with applicable quality standards. (2) The feedstocks,
bulking agents, and additives accepted at the facility. (3) A copy of the test
results for at least five consecutive sampling and testing cycles in accordance
with this rule and rule 3745-560-230 of the Administrative Code. (4) A description of the composting mix
including but not limited to the feedstock to bulking agent ratio. (5) Any other information deemed
necessary by Ohio EPA. (D) Request for approval of an
alternative sampling method. The owner or operator may submit a written request
for approval of an alternative sampling method. The request shall include at a
minimum the following information: (1) A detailed narrative
of how the alternative sampling or testing method will ensure compliance with
applicable quality standards. (2) The feedstocks,
bulking agents, and additives accepted at the facility. (3) For alternative
testing methods, the scientifically recognized test preparation and analytical
method that will provide equivalent or improved test results. (E) Ohio EPA may require the owner or operator to submit
additional information upon review of a request generated in accordance with
paragraph (C) or (D) of this rule. (F) The owner or operator who has obtained an approval for
an alternative frequency of sampling or sampling method shall immediately
notify the director of changes in the feedstocks, bulking agents, or additives
composted or mix ratio for composting and simultaneously shall commence
complying with this rule and rule 3745-560-230 of the Administrative
Code.
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Rule 3745-560-230 | Compost quality standards for class II composting facilities.
Effective:
October 1, 2018
[Comment: For dates of non regulatory government
publications, publications of recognized organizations and associations, test
methods, federal rules, and federal statutory provisions referenced in this
rule, see rule 3745-500-03 of the Administrative Code titled
"Incorporation by reference."] (A) The compost quality standards in this paragraph are
applicable to all compost produced from yard waste, animal waste, agricultural
plant materials, food scraps, dead animals, raw rendering material, and
alternative materials. The owner or operator shall have the samples collected
in accordance with rule 3745-560-225 of the Administrative Code analyzed using
the methods specified in tables 1 to 4 of this rule or other methods authorized
by the director pursuant to rule 3745-560-06 of the Administrative Code. Test
results shall demonstrate that concentration limits are not exceeded for the
parameters listed in tables 1 to 3 of this rule. The owner or operator shall
also have the samples analyzed for the parameters identified in table 4, which
have no associated concentration limits, to ensure usage of compost product in
accordance with accepted agricultural, silvicultural, or horticultural
practices. | Parameter | Concentration limit mg/kg dry weight | Preparation methods | Analytical methods | TMECC equivalent methods | | Arsenic | 41 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7010 | TMECC 04.06-As | | Boron | See Table 4 | | Cadmium | 35 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Cd | | Copper | 1500 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Cu | | Lead | 300 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020C or SW-846 7000B or SW-846 7010 | TMECC 04.06-Pb | | Mercury | 7.8 | SW-846 7471B | SW-846 7471B SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Hg | | Nickel | 420 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7010 | TMECC 04.06-Ni | | Selenium | 100 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B | TMECC 04.06-Se | | Zinc | 2800 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Zn |
| Parameter | Microbial count | Preparation method | Analytical method | TMECC equivalent method | | Fecal coliform | Limit of less than 1000 Most Probable Number per gram of total solids (dry weight) (1000 MPN/GTS) | Standard methods part 9221E or part 9222D | Standard methods 9260B and either 9222D, 9221E or 9223 | TMECC 07.01-B | | Salmonella spp. | Limit of less than 3 Most Probable Number per 4 grams of total solids (3MPN/4GTS) | Standard method part 9260B | Standard methods 9260B and either 9222D or 9221E, or Neogen Reveal 2.0 | TMECC 07.02 |
| Parameter | Concentration limit mg/kg dry weight | Preparation method | Analytical method | TMECC Equivalent method | | Inert matter | 1.0% by weight on No. 5 sieve (four mm screen) and no more than a fourth of this inert matter may be plastic | U.S. EPA 160.3 Methods for Chemical Analysis of Water and Wastes | Detailed below | TMECC 03.08 | | Method for determining percent inert matter. Inert matter content shall be determined by passing a dried, weighed sample of not less than one hundred grams of compost through a "U.S. standard No. 5 sieve" (four millimeter). The material remaining on the screen shall be inspected and the inert matter shall be separated and weighed. The weight of the inert matter divided by the total weight of the compost sample and multiplied by one hundred shall be the per cent dry weight of the inert matter content. |
| Parameter | Analytical method | | Boron | TMECC 04.05-B or Preparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D or SW-846 6020B | | Maturity | TMECC 05.08-A Specific Oxygen Uptake Rate or TMECC 05.08-B Carbon Dioxide Evolution Rate or TMECC 05.08-C In-situ Oxygen Refresh Rate or TMECC 05.08-D Dewar Self-Heating Test or TMECC 05.08-E Solvita Maturity Index or TMECC 05.08-F Biologically Available Carbon | | pH | TMECC 04.11-A or North central regional (NCR) publication 221 or SW-846 9045D soil pH or ASTM D2976 | | Salinity | TMECC 04.10 A or NCR publication 221 | | Total nitrogen | AOAC 968.06 or TMECC 04.02-D or TMECC 04.02-A | | Total organic carbon | SW-846 9060 A or TMECC 04.01-A | | Total phosphorus | TMECC 04.03-A or Preparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D or SW-846 6020B | | Total potassium | TMECC 04.04-A or Preparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D or SW-846 6020B or SW-846 7000B |
[Comment: Acceptable levels of maturity will vary according
to end-user application (note: check date of maturity test). Acceptable pH level will vary according to
end-user application and will generally be in the 5.5 - 8.5 range. Acceptable levels of soluble salts will vary
according to end-user applications. The optimal ranges for growing media
(compost amended soil) is 0.5 to 4.5 millimho per centimeter. Compost producers may provide pH and soluble
salts information in product literature for the intended end-user application
that reflect user industry standards.] (B) Supplementary compost quality standards. Additional
information or testing of feedstocks, bulking agents, additives, compost, or
compost product may be required to ensure the standards are appropriately
protective of public health, safety, or the environment. (1) Upon written notification from Ohio
EPA, the owner or operator shall provide information regarding the feedstocks,
bulking agents, additives, compost, or compost product including but not
limited to the following: (a) The source of the feedstocks, bulking agents, and additives,
including a description of the process used to generate the feedstocks, bulking
agents, and additives. (b) A description of the chemical and biological constituents and
results for any testing requested by Ohio EPA. (c) Any other information deemed necessary by Ohio
EPA. (2) Upon review of such additional
information, the director may establish additional conditions or quality
standards for the compost. The director shall provide written notification to
the owner or operator of such conditions or standards. (C) Authorization for an alternative preparation or analytical
testing method. Ohio EPA may approve and condition a request for alternative
testing methods upon determination that the alternative methods ensure
equivalent protection of public health, safety, and the environment. The owner
or operator may submit a written request for approval of an alternative testing
method that includes at a minimum the following information: (1) The feedstocks, bulking agents, and
additives accepted at the facility. (2) A description or published references
to the scientifically recognized preparation or analytical method that will
provide equivalent or improved test results. (3) A narrative of how the requested
alternative sampling or testing method will ensure compliance with applicable
quality standards. (D) Ohio EPA may require the owner or operator to submit
additional information upon review of a request generated in accordance with
paragraph (C) of this rule. (E) An owner or operator who has obtained an approval for an
alternative preparation or analytical testing method shall immediately notify
the director of changes in the feedstocks, bulking agents, or additives
composed or the mix ratio for composting and simultaneously shall commence
complying with this rule.
Last updated July 17, 2023 at 1:53 PM
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Rule 3745-560-235 | Closure and termination of registration requirements for class II composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a composting
facility shall perform closure as specified in this rule if any of the
following occurs: (1) The composting
facility ceases to be an active composting facility. (2) A solid waste
facility license held by the owner or operator of the composting facility
expires and no license renewal has been applied for in the manner prescribed in
Chapter 3745-501 of the Administrative Code. (3) A solid waste
facility license held by the owner or operator of the composting facility
expires and a license renewal has been applied for and denied as a final action
of the licensing authority. (4) A solid waste
facility license held by the owner or operator of the composting facility has
been revoked as a final action of the licensing authority. (5) The director issues a
final action addressing the following: (a) The owner or operator sells or offers for sale at
retail or wholesale, uses, distributes for use, or gives away any compost that
does not comply with the applicable quality standards established in this
chapter. (b) Waste materials were accepted at the facility prior to
obtaining a license in accordance with Chapter 3745-501 of the Administrative
Code. (c) The establishment or operation of the composting
facility has violated Chapter 3704., 3714., 3734., or 6111. of the Revised Code
or rules adopted thereunder. (B) The owner or operator of a facility
required to perform closure in accordance with this rule shall do the
following: (1) If the facility is
closing pursuant to paragraph (A)(1) of this rule, send a written notification
to Ohio EPA, the approved board of health, and the solid waste management
district indicating the date on which the facility will cease acceptance of the
waste materials. (2) Not later than seven
days after closure is required under paragraph (A) of this rule, the owner or
operator of a composting facility that allowed public access shall post signs,
stating in letters not less than three inches high that the facility is closed.
The signs shall be posted in such a manner as to be easily visible at all
access points into the facility and shall be maintained in legible condition
for not less than one year, or until the facility re-opens as a registered
composting facility or is converted to an alternative use. The text of the
signs shall be the following: "This facility is closed for all
composting activities and all receipt of waste materials. Depositing solid
wastes at this site constitutes open dumping which is a violation of Chapter
3734. of the Revised Code." (3) Conduct the facility
closure requirements in accordance with paragraph (C) of this
rule. (4) Send written
notification to Ohio EPA or approved board of health certifying that the
facility closure requirements have been completed in accordance with this
rule. (5) Comply with rule
3745-560-210 of the Administrative Code until receipt of a letter of
concurrence from Ohio EPA or the approved board of health stating that the
facility is in compliance with the closure requirements of this
rule. (C) Closure requirements. The owner or
operator shall perform the following closure activities: (1) Remove compost products and solid
wastes from the composting facility. (2) Remove and properly dispose of
leachate remaining on the site in accordance with applicable laws and
regulations. (3) Modify, remove, or seal the leachate
collection system to prevent discharges from the system to surface waters of
the state or ground water unless such discharges are otherwise regulated in
accordance with Chapter 6111. of the Revised Code. (4) Clean containers, equipment,
machines, and materials placement area surfaces that were in contact with solid
wastes at any time during the operation of the facility using procedures that
substantially reduce or eliminate any remaining constituents or contaminants.
This paragraph does not apply to materials placement area surfaces composed of
soil, gravel, slag, or other permeable material. (D) Criteria for termination of a
registration. A registration for a facility that has completed closure shall
terminate upon receipt of a letter of concurrence by Ohio EPA or the approved
board of health stating that the facility is in compliance with the closure
requirements contained in this rule. (E) This rule does not apply to a
registrant who requests termination of a composting facility registration after
obtaining a class I composting facility permit to install and annual
license. (F) An owner or operator who requests the
termination of the composting facility registration after the composting
facility ceases to be an active composting facility, for the purpose of a
change to a class III or IV composting facility, or to change to a yard waste
only transfer facility in accordance with Chapter 3745-555 of the
Administrative Code, may submit a written request to Ohio EPA or the approved
board of health for alternative closure requirements. Ohio EPA or the approved
board of health may approve alternative closure requirements provided the
requirements are protective of public health, safety, and the
environment.
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Rule 3745-560-300 | Class III composting facility establishment.
(A) No person shall establish a new class III composting facility or continue to operate an existing facility without first submitting a registration application in accordance with this rule. (B) Registration of class III composting facility. A registration application shall include the following: (1) Registration form prescribed by the director including but not limited to business name, contact person including the operator and property owner, contact information, location of the proposed composting facility, and a statement certifying compliance with the siting criteria specified in paragraph (C) of this rule. (2) Plan view drawing, using a scale of one inch equals no greater than one hundred feet, showing the following information inside the facility boundaries and within five hundred feet beyond the facility boundaries: (a) The property lines of land owned or leased for the composting facility. (b) The boundary lines for the composting facility. (c) Public roads, railroads, and structures. (d) Existing topography showing contours, streams, wetlands, lakes, springs, and other surface waters of the state. (e) The north arrow. (f) Boundary lines for the materials placement area based on the design capacity and the operational capacity, if the operational capacity is different than the design capacity. The boundary lines shall include the areas for each of the following: (i) Composting and materials processing. (ii) Receiving and storage of feedstocks, bulking agents, or additives. (iii) Storage of alternative materials authorized pursuant to rule 3745-560-305 of the Administrative Code and the composting processing area dedicated to these materials. (iv) Storage of compost product. (g) Existing occupied dwellings. (h) Any leachate management structure. (i) The limits of the one hundred year floodplain. (j) National park or national recreation areas, candidate areas for potential inclusion into the national park system, and any state park or established state park purchase areas. (k) Any state or Ohio history connection nature preserves, state wildlife areas and national wildlife refuges, national and state wild scenic and recreational rivers, special interest areas and research natural areas in the Wayne national forest, state resource waters, coldwater habitats, and exceptional warmwater habitats. [Comment: Both the Ohio department of natural resources and the Ohio history connection, formerly the Ohio historical society, designate state nature preserves in Ohio.] (l) Existing public water supply wells, developed springs, or private potable water supply wells. (m) Existing drainage sinkholes or agricultural drainage wells. (n) The direction of the downward slopes and drainage for the materials placement area. (3) Calculation of the design capacity of the composting facility. (4) Calculation of the operational capacity of the composting facility which shall be less than or equal to the design capacity of the composting facility. Facilities accepting authorized alternative materials upon initial registration shall also specify the maximum capacity and area dedicated to alternative materials. (5) Copies of consent letters pursuant to paragraph (C) of this rule. (6) Copies of the letters of intent required in paragraph (D) of this rule. (C) On the date the registration application is received by Ohio EPA, the limits of materials placement and leachate management structures shall meet the following siting criteria: (1) Unless located in an enclosed building, the materials placement area and leachate management structures shall not be located within the following: (a) Two hundred feet from any surface waters of the state. (b) Three hundred feet from a known sinkhole or agricultural drainage well. (c) The sanitary isolation radius of public water system drinking water supply wells as calculated using the formulas specified in rule 3745-9-04 of the Administrative Code. (d) Three hundred feet from a private water system drinking water supply well that is not controlled by the facility. (e) Fifty feet from a private water system drinking water supply well that is controlled by the facility owner. (f) Three hundred feet from a transient non-community public water system drinking water supply well. (g) Two hundred fifty feet from an occupied dwelling, unless the occupied dwelling is owned or leased by the owner or operator or the owner or operator has received written consent from the owner of the occupied dwelling. (h) Five hundred feet from the following: (i) An area designated by the Ohio department of natural resources as either a state nature preserve, a state wildlife area, or a state scenic river. (ii) An area designated, owned, and managed by the Ohio history connection as a nature preserve. (iii) An area designated by the United States department of the interior as either a national wildlife refuge or a national scenic river. (iv) An area designated by the United States forest service as either a special interest area or a research natural area in the Wayne national forest. (v) Surface waters of the state designated by Ohio EPA as either a state resource water, an outstanding national resource water, a superior high quality water, a coldwater habitat, or an exceptional warmwater habitat. (i) A one hundred year floodplain, unless the owner or operator demonstrates in the registration application that the facility will be designed, constructed, operated, and maintained to prevent washout of any waste materials by a one-hundred-year flood. (j) The inner management zone (one year time of travel) of a drinking water source protection area for a community or non-transient non-community public water system using ground water. (2) The portions of the materials placement area and leachate management structures located within an enclosed building shall comply with paragraphs (C)(1)(h) to (C)(1)(j) of this rule. For the purposes of this rule, an "enclosed building" means a structure with a low-permeability floor, walls, doors, and a roof that is capable of enclosing all waste handling areas, preventing rain from reaching the enclosed waste handling areas, and containing and collecting leachate within the enclosed waste handling areas. (3) Except for facilities which exclusively compost wastes generated within state parks or national parks, or national recreation areas, as of the date the initial registration application was submitted, the materials placement areas and leachate management system of the composting facility shall not be located in any one or combination of the following: (a) A national park or national recreation area. (b) A state park or an established state park purchase area. (c) A candidate area for potential inclusion in the national park system. (d) A property that lies within the boundaries of a national park or national recreation area but that has not been acquired or is not administered by the secretary of the United States department of the interior. (4) The materials placement area shall not exceed one hundred thirty-five thousand square feet of total area on any one premises. (D) Concurrent to submittal of the registration application, letters of intent to establish a composting facility which include a description of property and facility boundaries shall be sent by certified mail or any other form of mail accompanied by a receipt requested to the following: (1) The governments of the general purpose political subdivisions where the facility is proposed to be located including but not limited to local health departments, county commissioners, legislative authority of a municipal corporation, or the board of township trustees. (2) The single or joint county solid waste management district or districts or regional solid waste management authority or authorities where the facility is proposed to be located. (3) The owner or lessee of any easement or right of way bordering or within the proposed facility boundaries which may be affected by the proposed solid waste facility. (4) The local zoning authority having jurisdiction. (5) The park system administrator, if any part of the proposed facility is to be located within or will share the park boundary. (6) The conservancy district, if any part of the proposed facility is to be located within or will share the conservancy district boundary. (7) The fire department having responsibility for providing fire control services where the proposed facility is to be located. (E) Upon written notification by Ohio EPA that the registration application is incomplete, the applicant shall correct noted deficiencies and resubmit the registration application not later than thirty days after receipt of the notification. (F) Amendments to an existing registration. The registrant shall ensure that changes to the composting facility are in compliance with applicable regulations and all information contained on the plan view drawing and registration application is current by submitting an amended registration application as follows: (1) An amendment to an existing registration is required for changes in the information on the registration application, which may include but is not limited to the information required by paragraph (B) of this rule. (2) An amendment to an existing registration involving any proposed change to the materials placement area shall include a revised plan view drawing submitted prior to implementation of any change. The plan view drawing shall include the information required in this rule. Any change to the materials placement area requires written concurrence from Ohio EPA acknowledging compliance with this chapter. If the amendment to the existing registration does not involve any proposed changes to the existing registration's plan drawing, the amendment may reference the existing registration's plan drawing. (G) Composting facilities registered prior to April 2, 2012 shall comply with siting criteria in effect on the date of initial registration.
Last updated May 5, 2023 at 4:00 PM
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Rule 3745-560-301 | Criteria for approval of a class III composting facility registration.
Effective:
October 1, 2018
A class III composting facility shall not be
considered registered unless compliance with the following are determined by
Ohio EPA: (A) The registration application contains the information
required in forms prescribed by the director as established in rule
3745-560-300 of the Administrative Code. (B) The siting criteria as established in rule 3745-560-300
of the Administrative Code have been met. (C) The plan view drawing contains the information required
in rule 3745-560-300 of the Administrative Code. (D) The letters of intent were sent in accordance with rule
3745-560-300 of the Administrative Code. (E) If the proposed composting facility is established on
land where a hazardous or solid waste facility was operated, the owner or
operator has obtained previous authorization as required by rule 3745-27-13 of
the Administrative Code. (F) The owner or operator is in substantial compliance at
other solid waste disposal facilities that are owned or operated by the owner
or operator. (G) The establishment and operation of the composting
facility will not violate Chapter 3704., 3734., or 6111. of the Revised
Code. (H) If Ohio EPA determines that information in addition to
that required by rule 3745-560-300 of the Administrative Code is necessary to
determine whether the criteria set forth in paragraph (A) of this rule are
satisfied, Ohio EPA may require that the applicant supply such information as a
precondition to further consideration of the registration
application.
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Rule 3745-560-302 | Construction and commencement of operations at class III composting facilities.
Effective:
October 1, 2018
(A) Facility design and construction. The
composting facility shall be designed and constructed to meet the
following: (1) The land surface of
the materials placement area shall have a slope greater than or equal to one
per cent and less than or equal to six per cent so as to direct surface water
to collection points or otherwise control the surface water
drainage. (2) Prevent run-on from
reaching the materials placement area. (3) Prevent ponding and
erosion. (4) Minimize the
potential impact to surface water and ground water. (5) Collect and contain
leachate within the boundary of the composting facility and prevent leachate
from discharging to waters of the state, unless the discharge is authorized
pursuant to Chapter 6111. of the Revised Code. (6) Construction of the
materials placement area to allow facility operation during inclement
weather. (7) Construction of roads
within the facility boundary to allow for passage of vehicles at all
times. (8) Signs are posted with
letters not less than three inches in height at the entrance of the composting
facility that include the following statement: "This composting facility only accepts
authorized wastes and authorized materials, and will not accept hazardous
wastes, asbestos, batteries, or other prohibited materials." (B) Site preparation. The following
requirements shall be completed prior to initial acceptance of feedstocks,
bulking agents, or additives at the composting facility: (1) The composting
facility and materials placement area has been constructed in accordance with
paragraph (A) of this rule. (2) Leachate and surface
water management structures, if applicable, have been constructed in accordance
with Chapter 6111. of the Revised Code. (3) Signs are posted in
accordance with paragraph (A) of this rule. (C) Initial acceptance of feedstocks. The
owner or operator may begin to accept feedstocks, bulking agents, or additives
if the owner or operator has submitted a registration application that complies
with paragraphs (A) and (B) of rule 3745-560-301 of the Administrative Code,
the owner or operator has complied with paragraphs (A) and (B) of this rule,
and one of the following occurs: (1) The prepared
composting facility has been inspected and written concurrence has been
received from Ohio EPA acknowledging compliance with this rule. (2) Ninety days have
passed since Ohio EPA received the registration application. (D) Notwithstanding the provisions of
paragraph (C) of this rule, the owner or operator shall not begin to accept
feedstocks, bulking agents, or additives if not later than ninety days after
Ohio EPA received the registration application, the director has provided a
written notification of deficiency to the owner or operator that the
registration application does not comply with paragraphs (A) and (B) of rule
3745-560-301 of the Administrative Code or that the owner or operator has not
complied with paragraphs (A) and (B) of this rule. If the owner and operator
fails to address the deficiencies, the director may deny the registration
application or approve the registration application with a variance or
exemption.
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Rule 3745-560-305 | Alternative materials request for class III composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a class III composting
facility may submit a written request to the director for an approval to accept
alternative materials not otherwise prohibited or authorized in rule
3745-560-310 of the Administrative Code. The request shall be submitted on
forms prescribed by the director and include at a minimum the
following: (1) A detailed
description of the material to be accepted including a description of any known
or potential contaminants that may cause or threaten to cause an adverse impact
to public health, safety, or the environment, and any available analytical data
on the material. (2) The source and
suppliers of the material. (3) 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. (4) The maximum amount of
the material that the facility may accept on a daily basis. (5) A detailed
description of the intended use as a feedstock, bulking agent, or additive and
how the alternative material might function for that use. (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 3745-560-310 of the Administrative Code
including the methods that will be used to control the impacts. (7) Whether the owner or
operator is requesting to compost the material on a temporary or continued
basis. (8) A detailed
description of how the material will be managed at the facility. At a minimum,
the description shall include the following: (a) Whether the owner or operator will shred or screen the
material prior to incorporation into the composting process. (b) What equipment will be utilized. (c) 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. (d) The method of composting utilized and any other methods
of conditioning compostable material to be used if applicable. (e) 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. (f) Any special management requirements due to the
physical, biological or chemical characteristics of the alternative
material (9) How the owner or
operator intends to distribute or otherwise utilize the compost
product. (10) Any other
information deemed necessary by Ohio EPA. (B) The director may approve and condition a request
submitted in accordance with this rule upon determination of the
following: (1) The use of the
alternative material is technically feasible for composting and the owner or
operator will use an approved composting method. (2) The owner or operator
has appropriate equipment and has demonstrated that there is enough operational
capacity at the facility to manage the alternative material. (3) The submitted analytical data
demonstrates that the alternative material does not exceed the parameters
specified in rule 3745-560-330 of the Administrative Code. (4) The acceptance of the alternative
material is unlikely to cause violations of Chapter 3704. 3734., or 6111. of
the Revised Code, this chapter, or any other applicable federal or state
laws. (5) The acceptance, processing, and use
of the material is unlikely to adversely affect or threaten to cause an adverse
effect to public health, safety, or the environment. (C) The director may establish additional
compost quality standards for the alternative materials requested to protect
public health, and safety, and the environment.
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Rule 3745-560-310 | Operational requirements for class III composting facilities.
Effective:
October 1, 2018
(A) Authorizing documents. The owner or
operator shall operate the facility in accordance with applicable authorizing
documents including but not limited to maintaining the design and operational
capacities specified in the registration. 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. [Comment: Changes to the facility registration in
accordance with paragraph (F) of rule 3745-560-300 of the Administrative Code
may require submittal of an amended registration.] (B) Authorized materials. The owner or
operator shall only accept yard waste, agricultural plant materials, animal
waste, dead animals, raw rendering material, bulking agents, and
additives. (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. (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) Containerized bulk liquids. (j) 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 any 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) Vermicomposting. The
construction, placement, and maintenance of vermicomposting beds, bins, and
batch reactors systems shall facilitate the survival of the earthworms. Solid
waste material to be fed to earthworms shall be managed to achieve pathogen
reduction prior to feeding to the earthworms. (6) 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) Methods of conditioning compostable
materials. The owner or operator may manage authorized materials in conjunction
with the composting methods in paragraph (D) of this rule by utilizing any of
the following methods: (1) Acidic anaerobic
fermentation. The owner or operator shall construct containers and utilize
microbial inoculum to allow for and maintain acidic anaerobic fermentation
conditions. The owner or operator shall maintain materials in sealed containers
for a length of time sufficient for acidic anaerobic fermentation to occur, and
acidic conditions shall be maintained between a pH range of 3.5 to
6.0. (2) Other methods. The owner or operator
may submit a written request to the director for approval of an alternative
method of conditioning compostable materials. The request shall include at a
minimum a detailed description of the alternative method and how the method
will enable controlled biological decomposition and comply with the operational
requirements specified in this rule. (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 management. 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 management. 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 that operable equipment of adequate size and quantity for
the operations of the facility available at all times. (K) Facility signage. When public access
is allowed, the owner or operator shall maintain signs posted in accordance
with rule 3745-560-302 of the Administrative Code. "This composting facility only accepts yard
waste, agricultural plant materials, and animal waste, and will not accept
hazardous wastes, infectious wastes, asbestos, batteries, or other prohibited
materials." (L) Wood processing and management. The
owner or operator when accepting tree stumps, trunks, limbs, or clean untreated
wood shall do the following: (1) Shred, grind, 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, grind, 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) Manage surface water in accordance
with Chapter 6111. of the Revised Code. (2) Minimize run-on from
reaching the materials placement area. (3) Undertake actions as
necessary to correct the conditions causing the erosion or ponding, unless the
ponding is for the purposes of collection. (4) Divert surface water away from the
materials placement area. Ensure that the land surface of the materials
placement area maintains a slope greater than or equal to one per cent and less
than or equal to six per cent to direct surface water to collection points or
otherwise control the surface water drainage. (5) Maintain any
structures or mechanisms used for the collection or containment of runoff, if
applicable. (6) 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) Manage leachate in
accordance with Chapter 6111. of the Revised Code. (2) Take action to minimize, control, or
eliminate the conditions which contribute to the production of
leachate. (3) Minimize ponding of
leachate in the materials placement area. (4) Eliminate the conditions that
contribute to the unauthorized discharge of leachate from the composting
facility. (5) Collect and contain leachate within
the boundary of the composting facility and prevent leachate from discharging
to waters of the state, unless the discharge is authorized pursuant to Chapter
6111. of the Revised Code. (6) If applicable, maintain any
structures or mechanisms used for the collection or containment of
leachate. [Comment: Leachate may be collected and contained
for reintroduction into the composting process.] (O) Cross-contamination management. 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 3745-560-320 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) Dead animals and raw rendering
material management. An owner or operator that accepts dead animals and raw
rendering material shall manage these materials in accordance with rule
3745-560-15 of the Administrative Code. (Q) Upon written notice, Ohio EPA or the
approved board of health may require the owner or operator to submit a written
narrative describing the current or planned management practices for any or all
of the areas of management under paragraphs (C) to (Q) of this rule. Unless
otherwise specified in the notice, the owner or operator shall submit the
narrative to Ohio EPA or the approved board of health not later than thirty
days upon receipt of the notice. (R) 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 applicable standards of
quality or causes or threatens to cause a nuisance or adversely affects the
public health, safety, or the environment.
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Rule 3745-560-315 | Record keeping requirements for class III composting facilities.
Effective:
October 1, 2018
(A) Record retention and availability. The owner or
operator shall do the following: (1) Maintain records specified in this
rule for a period of at least three years. (2) Have records available for inspection
by the approved board of health or Ohio EPA during normal operating
hours. (3) Upon request, submit records to Ohio
EPA or the approved board of health. (B) Log of operation. The owner or operator shall do the
following: (1) Record the facility operations on the
log of operation forms as specified in rule 3745-560-04 of the Administrative
Code. (2) Complete the log of operation at a
minimum once per week unless the owner or operator has received written
concurrence for an alternative frequency from Ohio EPA or the approved board of
health. (3) Complete the log of operation more
often than weekly if conditions warrant a higher frequency of completion in
order to effectively monitor operations at the composting facility, or when
required by Ohio EPA or the approved health department. (C) Annual report. Not later than February first of each
year, the owner or operator shall submit an annual report to Ohio EPA. The
annual report shall include the required information specified in rule
3745-560-04 of the Administrative Code.
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Rule 3745-560-320 | Compost product distribution requirements for class III composting facilities.
Effective:
October 1, 2018
(A) Compost product distribution. The
compost product distribution requirements of this rule shall not apply to the
owner or operator of a class III composting facility provided that all compost
produced is utilized exclusively on property owned by the owner of the
facility. (1) An owner or operator
shall only distribute compost that has been sampled in accordance with rule
3745-560-325 of the Administrative Code and meets the compost quality standards
of rule 3745-560-330 of the Administrative Code. (2) Compost that meets
the applicable quality standards may be distributed as compost product for use
in accordance with accepted agricultural, silvicultural, or horticultural
practices. (3) Compost that does not
meet the quality standards shall be reintroduced into the composting process,
taken to another appropriate class of composting facility for further
composting, disposed in a licensed solid waste disposal facility, or
distributed for an alternative use after approval by the director in accordance
with this rule. (4) If compost product is
mixed with any amount of additional feedstocks, bulking agents, additives, or
other untested compost, then the compost product is considered to be
cross-contaminated and no longer a product. The compost shall be re-sampled and
re-tested prior to distribution. (5) Any compost product
may be blended with other compost products prior to distribution. (B) Product information and availability
of test results. (1) Compost product that
is distributed in packaged form shall be conspicuously labeled with product
information. Product information shall be available in written form for compost
product distributed without packaging. At a minimum, product information shall
contain the following information: (a) Name and address of the composting
facility. (b) Any feedstocks, bulking agents, and additives
used. (c) Recommended uses for the compost product. (d) Any owner or operator recommended restrictions on the
use of the compost product. (2) Upon request, the
owner or operator shall provide the customer a summary of results from testing
required in accordance with this rule. (C) Request for approval for land
application or alternative use of compost that does not meet applicable
standards for compost product. The owner or operator whose compost has been
sampled and tested in accordance with rules 3745-560-325 and 3745-560-330 of
the Administrative Code and exceeds any of the applicable concentration limits
may submit a written request for approval for land application or alternative
use of the compost. At a minimum, a request for approval for land application
or alternative use shall include the following information: (1) Total quantity of
compost and a detailed list of all feedstocks, bulking agents, and additives
utilized to produce the compost. (2) A copy of the test
results of the compost required in accordance with rule 3745-560-330 of the
Administrative Code. (3) An explanation as to
why the compost is unable to meet the quality standards specified in rule
3745-560-330 of the Administrative Code. (4) A detailed
description of the proposed alternative use, if not requesting land
application. (5) A detailed narrative
of how the requested alternative use will not adversely affect the public
health or safety or the environment. (6) A copy of test
results for soil from the proposed location of land application. The soil tests
shall include the same parameters for the standards exceeded by the
compost. (7) The location of
proposed land application, total acreage to be utilized, and proposed
application rate including justification of specific application rates, safe
uses, and any applicable restrictions. (8) Any other information
deemed necessary by the director. (D) Criteria for approval of a request
for land application or alternative use of compost that does not meet
applicable standards for compost product. The director may approve and
condition a request for land application or alternative use of compost that
does not meet applicable quality standards if the director determines the
following: (1) The proposed land
application or alternative use does not cause or threaten to cause an adverse
impact to public health, safety, or the environment. (2) The proposed land
application or alternative use is in accordance with accepted agricultural,
silvicultural, or horticultural practices.
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Rule 3745-560-325 | Compost sampling requirements for class III composting facilities.
Effective:
October 1, 2018
(A) The owner or operator shall sample
the compost in accordance with the following: (1) Determine the volume
of the pile of compost and record in the log of operations. (2) Obtain one composite
sample from each pile no greater than ten thousand cubic yards as
follows: (a) Each composite sample shall consist of nine grab samples of
equal volume. (b) Three grab samples shall be taken at different depths from
three equally divided locations of the pile of compost. (c) Thoroughly mix grab samples in a clean container to form one
composite sample of a minimum volume of four quarts. (3) Extract a sub-sample
of a minimum volume of two quarts from the composite sample and place in a
clean container. (4) At a minimum, label
the sample container to document the collection date, time, and person
obtaining the sample. (5) Samples collected for
testing of table 2 in rule 3745-560-330 of the Administrative Code shall be
prepared and analysis started within one of the following time
frames: (a) Not later than eight hours after the collection of the
sample. (b) Not later than forty-eight hours after the collection of the
sample when refrigerated and maintained at four degrees
Centigrade. (6) Sample collection and
preservation shall ensure valid and representative results. (B) Authorization for alternative
frequency of sampling or sampling method. Ohio EPA may approve and condition a
request for an alternative frequency of sampling or sampling method if the
alternative frequency or method is determined to ensure equivalent protection
of public health and safety and the environment. The determination shall be
based on the information provided in paragraphs (C) and (D) of this rule and
any other information required by Ohio EPA. (C) Request for approval of an
alternative frequency of sampling. After one year of operation, the owner or
operator may submit a written request for approval for an alternative frequency
of sampling. The request shall include at a minimum the following
information: (1) A description of the
proposed alternative frequency of sampling including how compliance with
applicable quality standards will be ensured. (2) The feedstocks,
bulking agents, and additives accepted at the facility. (3) A copy of the test
results for at least five consecutive sampling and testing cycles in accordance
with this rule and rule 3745-560-330 of the Administrative Code. (4) A description of the composting mix
including but not limited to the feedstock to bulking agent ratio. (5) Any other information deemed
necessary by Ohio EPA. (D) Request for approval of an
alternative sampling method. The owner or operator may submit a written request
for approval of an alternative sampling method. The request shall include at a
minimum the following information: (1) A detailed narrative
of how the alternative sampling or testing method will ensure compliance with
applicable quality standards. (2) The feedstocks,
bulking agents, and additives accepted at the facility. (3) For alternative
testing methods, the scientifically recognized test preparation and analytical
method that will provide equivalent or improved test results. (E) Ohio EPA may require the owner or operator to submit
additional information upon review of a request generated in accordance with
paragraph (C) or (D) of this rule. (F) The owner or operator who has obtained an approval for
an alternative frequency of sampling or sampling method shall immediately
notify the director of changes in the feedstocks, bulking agents, or additives
composted or mix ratio for composting and simultaneously shall commence
complying with this rule and rule 3745-560-330 of the Administrative
Code.
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Rule 3745-560-330 | Compost quality standards for class III composting facilities.
Effective:
October 1, 2018
[Comment: For dates of non regulatory government
publications, publications of recognized organizations and associations, test
methods, federal rules, and federal statutory provisions referenced in this
rule, see rule 3745-500-03 of the Administrative Code titled
"Incorporation by reference."] (A) The compost quality standards in this paragraph are
applicable to all compost produced from yard waste, animal waste, and
agricultural plant materials. The owner or operator shall have the samples
collected pursuant to rule 3745-560-325 of the Administrative Code and analyzed
using the methods specified in tables 1 to 4 of this rule or other methods
authorized by the director pursuant to rule 3745-560-06 of the Administrative
Code. Test results shall demonstrate that concentration limits are not exceeded
for the parameters listed in tables 1 to 3 of this rule. The owner or operator
shall also have the samples analyzed for the parameters identified in table 4,
which have no associated concentration limits, to ensure usage of compost
product in accordance with accepted agricultural, silvicultural, or
horticultural practices. | Parameter | Concentration limit mg/kg dry weight | Preparation methods | Analytical methods | TMECC equivalent methods | | Arsenic | 41 | SW-846 3050B orSW-846 3051A | SW-846 6010D or SW-8466020B or SW-846 7010 | TMECC04.06-As | | Boron | See Table 4 | | Cadmium | 35 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020B or SW-846 7000B orSW-846 7010 | TMECC04.06-Cd | | Copper | 1500 | SW-846 3050B orSW-846 3051A | SW-846 6010D or SW-8466020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Cu | | Lead | 300 | SW-846 3050B or SW-846 3051A | SW-846 6010D or SW-846 6020C or SW-846 7000B orSW-846 7010 | TMECC04.06-Pb | | Mercury | 7.8 | SW-8467471B | SW-846 7471B SW-846 6010D orSW-846 6020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Hg | | Nickel | 420 | SW-846 3050B orSW-846 3051A | SW-846 6010D or SW-8466020B or SW-846 7010 | TMECC04.06-Ni | | Selenium | 100 | SW-846 3050B orSW-846 3051A | SW-846 6010D or SW-8466020B | TMECC04.06-Se | | Zinc | 2800 | SW-846 3050B orSW-846 3051A | SW-846 6010D or SW-8466020B or SW-846 7000B or SW-846 7010 | TMECC 04.06-Zn |
| Parameter | Microbialcount | Preparationmethod | Analyticalmethod | TMECC equivalent method | | Fecalcoliform | Limit of less than 1000Most Probable Number per gram of total solids (dry weight) (1000MPN/GTS) | Standard methods part 9221Eor part 9222D | Standard methods 9260Band either 9222D, 9221E or 9223 | TMECC 07.01-B | | Salmonella spp. | Limitof less than 3 Most Probable Number per 4 grams of total solids(3MPN/4GTS) | Standard method part9260B | Standard methods 9260B andeither 9222D or 9221E, or Neogen Reveal 2.0 | TMECC 07.02 |
| Parameter | Concentration limit mg/kg dry weight | Preparation method | Analytical method | TMECC Equivalent method | | Inert matter | 1.0% byweight on No. 5 sieve (four mm screen) and no more than a fourth of this inertmatter may be plastic | U.S. EPA 160.3Methods for Chemical Analysis of Water and Wastes | Detailed below | TMECC03.08 | | Method fordetermining percent inert matter. Inert matter content shall be determined bypassing a dried, weighed sample of not less than one hundred grams of compostthrough a "U.S. standard No. 5 sieve" (four millimeter). The materialremaining on the screen shall be inspected and the inert matter shall beseparated and weighed. The weight of the inert matter divided by the totalweight of the compost sample and multiplied by one hundred shall be the percent dry weight of the inert matter content. |
| Parameter | Analyticalmethod | | Boron | TMECC 04.05-B orPreparation: SW-846 3050B or SW-846 3051A and Analytical: SW-846 6010D orSW-846 6020B | | Maturity | TMECC 05.08-ASpecific Oxygen Uptake Rate or TMECC 05.08-B Carbon Dioxide Evolution Rate orTMECC 05.08-C In-situ Oxygen Refresh Rate or TMECC 05.08-D Dewar Self-HeatingTest or TMECC 05.08-E Solvita Maturity Index or TMECC 05.08-F BiologicallyAvailable Carbon | | pH | TMECC 04.11-A orNorth central regional (NCR) publication 221 or SW-846 9045D soil pH or ASTMD2976 | | Salinity | TMECC 04.10 Aor NCR publication 221 | | Total nitrogen | AOAC968.06 or TMECC 04.02-D or TMECC 04.02-A | | Total organic carbon | SW-846 9060 A or TMECC 04.01-A | | Total phosphorus | TMECC 04.03-A or Preparation: SW-846 3050B or SW-846 3051A andAnalytical: SW-846 6010D or SW-846 6020B | | Total potassium | TMECC 04.04-A or Preparation: SW-846 3050B or SW-846 3051A andAnalytical: SW-846 6010D or SW-846 6020B or SW-8467000B |
[Comment: Acceptable levels of maturity will vary according
to end-user application (note: check date of maturity test). Acceptable pH level will vary according to
end-user application and will generally be in the 5.5 - 8.5 range. Acceptable levels of soluble salts will vary
according to end-user applications. The optimal ranges for growing media
(compost amended soil) is 0.5 to 4.5 millimho per centimeter. Compost producers may provide pH and soluble
salts information in product literature for the intended end-user application
that reflect user industry standards.] (B) Supplementary compost quality standards. Additional
information or testing of feedstocks, bulking agents, additives, compost, or
compost product may be required to ensure the standards are appropriately
protective of public health, safety, or the environment. (1) Upon written notification Ohio EPA,
the owner or operator shall provide information regarding the feedstocks,
bulking agents, additives, compost, or compost product including but not
limited to the following: (a) The source of the feedstocks, bulking agents, and additives,
including a description of the process used to generate the feedstocks, bulking
agents, and additives. (b) A description of the chemical and biological constituents and
results for any testing requested by Ohio EPA. (c) Any other information deemed necessary by Ohio
EPA. (2) Upon review of such additional
information, the director may establish additional conditions or quality
standards for the compost. The director shall provide written notification to
the owner or operator of such conditions or standards. (C) Authorization for an alternative preparation or analytical
testing method. Ohio EPA may approve and condition a request for alternative
testing methods upon determination that the alternative methods ensure
equivalent protection of public health, safety, and the environment. The owner
or operator may submit a written request for approval of an alternative testing
method that includes at a minimum the following information: (1) The feedstocks, bulking agents, and
additives accepted at the facility. (2) A description or published references
to the scientifically recognized preparation or analytical method that will
provide equivalent or improved test results. (3) A narrative of how the requested
alternative sampling or testing method will ensure compliance with applicable
quality standards. (D) Ohio EPA may require the owner or operator to submit
additional information upon review of a request generated in accordance with
paragraph (C) of this rule. (E) An owner or operator who has obtained an approval for an
alternative preparation or analytical testing method shall immediately notify
the director of changes in the feedstocks, bulking agents, or additives
composed or the mix ratio for composting and simultaneously shall commence
complying with this rule.
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Rule 3745-560-335 | Closure and termination requirements for class III composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a composting
facility shall perform closure as specified in this rule if any of the
following occur: (1) The composting
facility ceases to be an active composting facility. (2) The director issues a
final action addressing either of the following: (a) The owner or operator sells or offers for sale at
retail or wholesale, uses, distributes for use, or gives away any compost that
has violated the applicable quality standards established in this
chapter. (b) The establishment or operation of the composting
facility has violated Chapter 3704., 3714., 3734., or 6111. of the Revised Code
or rules adopted thereunder. (B) The owner or operator of a facility
required to perform closure in accordance with this rule shall do the
following: (1) If the facility is
closing pursuant to paragraph (A)(1) of this rule, send a written notification
to Ohio EPA, the approved board of health, and the solid waste management
district indicating the date on which the facility will cease acceptance of the
waste materials. (2) Not later than seven
days after closure is required under paragraph (A) of this rule, the owner or
operator of a composting facility that allowed public access shall post signs,
stating in letters not less than three inches high that the facility is closed.
The signs shall be posted in such a manner as to be easily visible at all
access points into the facility and shall be maintained in legible condition
for not less than one year, or until the facility re-opens as a registered
composting facility or is converted to an alternative use. The text of the
signs shall be the following: "This facility is closed for all
composting activities and all receipt of waste materials. Depositing solid
wastes at this site constitutes open dumping which is a violation of Chapter
3734. of the Revised Code." (3) Conduct the facility
closure requirements in accordance with paragraph (C) of this
rule. (4) Send written
notification to Ohio EPA or approved board of health certifying that the
facility closure requirements have been completed in accordance with this
rule. (5) Comply with rule
3745-560-310 of the Administrative Code until receipt of a letter of
concurrence from Ohio EPA or the approved board of health stating that the
facility is in compliance with the closure requirements of this
rule. (C) The owner or operator shall perform
the following closure activities: (1) Remove compost products and solid
wastes from the composting facility. (2) Remove and properly dispose of
leachate remaining on the site in accordance with applicable laws and
regulations. (3) Modify, remove, or seal the leachate
collection system to prevent discharges from the system to surface waters of
the state or ground water unless such discharges are otherwise regulated in
accordance with Chapter 6111. of the Revised Code. (4) Clean containers, equipment,
machines, and materials placement area surfaces that were in contact with solid
wastes at any time during the operation of the facility using procedures that
substantially reduce or eliminate any remaining constituents or contaminants.
This paragraph does not apply to materials placement area surfaces composed of
soil, gravel, slag, or other permeable material. (D) Criteria for termination of a
registration. A registration for a facility that has completed closure shall
terminate upon receipt of a letter of concurrence by Ohio EPA or the approved
board of health stating that the facility is in compliance with the closure
requirements contained in this rule. (E) This rule does not apply to a
registrant who requests termination of a composting facility registration after
obtaining appropriate authorizations for a class I or II composting
facility. (F) An owner or operator who requests the
termination of the composting facility registration after the composting
facility ceases to be an active composting facility, for the purpose of a
change to a class III or IV composting facility, or to change to a yard waste
only transfer facility in accordance with Chapter 3745-555 of the
Administrative Code, may submit a written request to Ohio EPA or the approved
board of health for alternative closure requirements. Ohio EPA or the approved
board of health may approve alternative closure requirements provided the
requirements are protective of public health, safety, and the
environment.
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Rule 3745-560-400 | Class IV composting facility establishment.
Effective:
October 1, 2018
(A) No person shall establish a new class
IV composting facility or continue to operate an existing facility without
first submitting a registration application in accordance with this
rule. (B) Registration of class IV composting
facility. A registration application shall include the following: (1) Registration form
prescribed by the director including but not limited to business name, contact
person including the operator and property owner, contact information, location
of the proposed composting facility, and a statement certifying compliance with
the siting criteria specified in paragraph (C) of this rule: (2) Plan view drawing,
using a scale of one inch equals no greater than one hundred feet, showing the
following information inside the facility boundaries and within five hundred
feet beyond the facility boundaries: (a) The property lines of land owned or leased for the
composting facility. (b) The boundary lines for the composting
facility. (c) Public roads, railroads, and structures. (d) Existing topography showing contours, streams,
wetlands, lakes, springs, and other surface waters of the state. (e) The north arrow. (f) Boundary lines for the materials placement area based
on the design capacity and the operational capacity, if the operational
capacity is different than the design capacity. The boundary lines shall
include the areas for each of the following: (i) Composting and
materials processing. (ii) Receiving and
storage of feedstocks, bulking agents, or additives. (iii) Storage of
alternative materials authorized pursuant to rule 3745-560-405 of the
Administrative Code and the composting processing area dedicated to these
materials. (iv) Storage of compost product. (g) Existing occupied dwellings. (h) Any leachate management structure. (i) The limits of the one hundred year
floodplain. (j) National park or national recreation areas, candidate
areas for potential inclusion into the national park system, and any state park
or established state park purchase areas. (k) Any state or Ohio history connection nature preserves,
state wildlife areas and national wildlife refuges, national and state wild
scenic and recreational rivers, special interest areas and research natural
areas in the Wayne national forest, state resource waters, coldwater habitats,
and exceptional warmwater habitats. [Comment: Both the Ohio department of natural
resources and the Ohio history connection, formerly the Ohio historical
society, designate state nature preserves in Ohio.] (l) Existing public water supply wells, developed springs,
or private potable water supply wells. (m) Existing drainage sinkholes or agricultural drainage
wells. (n) The direction of the downward slopes and drainage for
the materials placement area. (3) Calculation of the
design capacity of the composting facility. (4) Calculation of the
operational capacity of the composting facility which shall be less than or
equal to the design capacity of the composting facility. Facilities accepting
authorized alternative materials upon initial registration shall also specify
the maximum capacity and area dedicated to alternative materials. (5) Copies of consent
letters pursuant to paragraph (C) of this rule. (6) Copies of the letters of intent
required in paragraph (D) of this rule. (C) On the date the registration
application is received by Ohio EPA, the limits of materials placement and
leachate management structures shall meet the following siting
criteria: (1) Unless located in an
enclosed building, the materials placement area and leachate management
structures shall not be located within the following: (a) Two hundred feet from any surface waters of the
state. (b) Two hundred feet from a public water supply well, a
developed spring, or a private potable water supply well, unless either of the
following conditions are met: (i) The water supply well
or developed spring is controlled by the owner or operator, needed as a source
of nonpotable water, and constructed to prevent contamination of the ground
water. (ii) The water supply
well or developed spring was constructed and is used solely for monitoring
ground water quality. (c) Five hundred feet from the following: (i) An area designated by
the Ohio department of natural resources as either a state nature preserve, a
state wildlife area, or a state scenic river. (ii) An area designated,
owned, and managed by the Ohio history connection as a nature
preserve. (iii) An area designated
by the United States department of the interior as either a national wildlife
refuge or a national scenic river. (iv) An area designated
by the United States forest service as either a special interest area or a
research natural area in the Wayne national forest. (v) Surface waters of the
state designated by Ohio EPA as either a state resource water, an outstanding
national resource water, a superior high quality water, a coldwater habitat, or
an exceptional warmwater habitat. (d) A one hundred year floodplain, unless the owner or
operator demonstrates in the registration application that the facility will be
designed, constructed, operated, and maintained to prevent washout of any waste
materials by a one-hundred-year flood. (e) Two hundred fifty feet from an occupied dwelling,
unless the occupied dwelling is owned or leased by the owner or operator, or
the owner or operator has received written consent from the owner of the
occupied dwelling. (2) The portions of the
materials placement area and leachate management structures located within an
enclosed building shall comply with paragraphs (C)(1)(d) to (C)(1)(f) of this
rule. For the purposes of this rule, an
"enclosed building" means a structure with a low-permeability floor,
walls, doors, and a roof that is capable of enclosing all waste handling areas,
preventing rain from reaching the enclosed waste handling areas, and containing
and collecting leachate within the enclosed waste handling areas. (3) Except for facilities which
exclusively compost wastes generated within state parks or national parks, or
national recreation areas, as of the date the initial registration application
was submitted, the materials placement areas and leachate management system of
the composting facility shall not be located in any one or combination of the
following: (a) A national park or national recreation
area. (b) A state park or an established state park purchase
area. (c) A candidate area for potential inclusion in the
national park system. (d) A property that lies within the boundaries of a
national park or national recreation area but that has not been acquired or is
not administered by the secretary of the United States department of the
interior. (D) Concurrent to submittal of the
registration application, letters of intent to establish a composting facility
which include a description of property and facility boundaries shall be sent
by certified mail or any other form of mail accompanied by a receipt requested
to the following: (1) The governments of
the general purpose political subdivisions where the facility is proposed to be
located including but not limited to local health departments, county
commissioners, legislative authority of a municipal corporation, or the board
of township trustees. (2) The single or joint
county solid waste management district or districts or regional solid waste
management authority or authorities where the facility is proposed to be
located. (3) The owner or lessee
of any easement or right of way bordering or within the proposed facility
boundaries which may be affected by the proposed solid waste
facility. (4) The local zoning
authority having jurisdiction. (5) The park system
administrator, if any part of the proposed facility is to be located within or
will share the park boundary. (6) The conservancy
district, if any part of the proposed facility is to be located within or will
share the conservancy district boundary. (7) The fire department
having responsibility for providing fire control services where the proposed
facility is to be located. (E) Upon written notification by Ohio EPA
that the registration application is incomplete, the applicant shall correct
noted deficiencies and resubmit the registration application not later than
thirty days after receipt after the notification. (F) Amendments to an existing
registration. The registrant shall ensure that changes to the composting
facility are in compliance with applicable regulations and all information
contained on the plan view drawing and registration application is current by
submitting an amended registration application as follows: (1) An amendment to an
existing registration is required for changes in the information on the
registration application, which may include but is not limited to the
information required by paragraph (B) of this rule. (2) An amendment to an
existing registration involving any proposed change to the materials placement
area shall include a revised plan view drawing submitted prior to
implementation of any change. The plan view drawing shall include the
information required in this rule. Any change to the materials placement area
requires written concurrence from Ohio EPA acknowledging compliance with this
chapter. If the amendment to the existing registration does not involve any
proposed changes to the existing registrations plan drawing, the
amendment may reference the existing registrations plan
drawing. (G) Composting facilities registered prior to April 2, 2012
shall comply with siting criteria in effect on the date of initial
registration.
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Rule 3745-560-401 | Criteria for approval of a class IV composting facility registration.
Effective:
October 1, 2018
A class IV composting facility shall not be
considered registered unless compliance with the following are determined by
Ohio EPA: (A) The registration application contains the information
required in forms prescribed by the director as established in rule
3745-560-400 of the Administrative Code. (B) The siting criteria as established in rule 3745-560-400
of the Administrative Code have been met. (C) The plan view drawing contains the information required
in rule 3745-560-400 of the Administrative Code. (D) The letters of intent were sent in accordance with rule
3745-560-400 of the Administrative Code. (E) If the proposed composting facility is established on
land where a hazardous or solid waste facility was operated, the owner or
operator has obtained previous authorization as required by rule 3745-27-13 of
the Administrative Code. (F) The owner or operator is in substantial compliance at
other solid waste disposal facilities that are owned or operated by the owner
or operator. (G) The establishment and operation of the composting
facility will not violate Chapter 3704., 3734., or 6111. of the Revised
Code. (H) If Ohio EPA determines that information in addition to
that required by rule 3745-560-400 of the Administrative Code is necessary to
determine whether the criteria set forth in paragraph (A) of this rule are
satisfied, Ohio EPA may require that the applicant supply such information as a
precondition to further consideration of the registration
application.
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Rule 3745-560-402 | Construction and commencement of operations at class IV composting facilities.
Effective:
October 1, 2018
(A) Facility design and construction. The
composting facility shall be designed and constructed to meet the
following: (1) The land surface of
the materials placement area shall have a slope greater than or equal to one
per cent and less than or equal to six per cent so as to direct surface water
to collection points or otherwise control the surface water
drainage. (2) Prevent run-on from
reaching the materials placement area. (3) Prevent ponding and
erosion. (4) Minimize the
potential impact to surface water and ground water. (5) Collect and contain
leachate within the boundary of the composting facility and prevent leachate
from discharging to waters of the state, unless the discharge is authorized
pursuant to Chapter 6111. of the Revised Code. (6) Construction of the
materials placement area to allow facility operation during inclement
weather. (7) Construction of roads
within the facility boundary to allow for passage of vehicles at all
times. (8) Signs are posted with
letters not less than three inches in height at the entrance of the composting
facility that include the following statement: "This composting facility only accepts
yard waste and agricultural plant materials and will not accept hazardous
wastes, infectious wastes, asbestos, batteries, or other prohibited
materials." (B) Site preparation. The following
requirements shall be completed prior to initial acceptance of feedstocks,
bulking agents, or additives at the composting facility: (1) The composting
facility and materials placement area has been constructed in accordance with
paragraph (A) of this rule. (2) Leachate and surface
water management structures, if applicable, have been constructed in accordance
with Chapter 6111. of the Revised Code. (3) Signs are posted in
accordance with paragraph (A) of this rule. (C) Initial acceptance of feedstocks. The
owner or operator may begin to accept feedstocks, bulking agents, or additives
if the owner or operator has submitted a registration application that complies
with paragraphs (A) and (B) of rule 3745-560-401 of the Administrative Code,
the owner or operator has complied with paragraphs (A) and (B) of this rule,
and one of the following occurs: (1) The prepared
composting facility has been inspected and written concurrence has been
received from Ohio EPA acknowledging compliance with this rule. (2) Ninety days have
passed since Ohio EPA received the registration application. (D) Notwithstanding the provisions of
paragraph (C) of this rule, the owner or operator shall not begin to accept
feedstocks, bulking agents, or additives if not later than ninety days after
Ohio EPA received the registration application, the director has provided a
written notification of deficiency to the owner or operator that the
registration application does not comply with paragraphs (A) and (B) of rule
3745-560-401 of the Administrative Code or that the owner or operator has not
complied with paragraphs (A) and (B) of this rule. If the owner or operator
fails to address the deficiencies, the director may deny the registration
application or approve the registration application with a variance or
exemption.
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Rule 3745-560-405 | Alternative materials request for class IV composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a class IV
composting facility may submit a written request to the director for an
approval to accept alternative materials not otherwise prohibited or authorized
in rule 3745-560-410 of the Administrative Code. The request shall be submitted
on forms prescribed by the director and include at a minimum the
following: (1) A detailed
description of the material to be accepted including a description of any known
or potential contaminants that may cause or threaten to cause an adverse impact
to public health, safety, or the environment, and any available analytical data
on the material. (2) The source and
suppliers of the material. (3) The maximum amount of the material
that the facility may accept on a daily basis. (4) A detailed description of the
intended use as a feedstock, bulking agent, or additive and how the alternative
material might function for that use. (5) 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 3745-560-410 of the Administrative Code including the methods that will be
used to control the impacts. (6) Whether the owner or operator is
requesting to compost the material on a temporary or continued
basis. (7) A detailed description of how the
material will be managed at the facility. At a minimum, the description shall
include the following: (a) Whether the owner or operator will shred or screen the
material prior to incorporation into the composting process. (b) What equipment will be utilized. (c) 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. (d) The method of composting utilized and any other methods
of conditioning compostable material to be used if applicable. (e) 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. (f) Any special management requirements due to the
physical, biological or chemical characteristics of the alternative
material (8) How the owner or operator intends to
distribute or otherwise utilize the compost product. (9) Any other information deemed
necessary by Ohio EPA. (B) The director may approve and
condition a request submitted in accordance with this rule upon determination
of the following: (1) The use of the
alternative material is technically feasible for composting and the owner or
operator will use an approved composting method. (2) The owner or operator
has appropriate equipment and has demonstrated that there is enough operational
capacity at the facility to manage the alternative material. (3) The material proposed
as an alternative material for composting possesses properties capable of
meeting compost quality standards for a class IV composting facility, in
accordance with rule 3745-560-420 of the Administrative Code. (4) The acceptance of the
alternative material is unlikely to cause violations of Chapter 3704. 3734., or
6111. of the Revised Code, this chapter, or any other applicable federal or
state laws. (5) The acceptance,
processing, and use of the material is unlikely to adversely affect or threaten
to cause an adverse effect to public health, safety, or the
environment.
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Rule 3745-560-410 | Operational requirements for class IV composting facilities.
Effective:
October 1, 2018
(A) Authorizing documents. The owner or
operator shall operate the facility in accordance with applicable authorizing
documents including but not limited to maintaining the design and operational
capacities specified in the registration. 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. [Comment: Changes to the facility registration in
accordance with paragraph (F) of rule 3745-560-400 of the Administrative Code
may require submittal of an amended registration.] (B) Authorized materials. The owner or
operator shall only accept yard waste, agricultural plant materials, bulking
agents, and additives consisting only of source-separated coffee and tea
grounds, urea, and bacterial or fungal inoculum. (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. (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) Containerized bulk liquids. (j) 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 any 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) Vermicomposting. The
construction, placement, and maintenance of vermicomposting beds, bins, and
batch reactors systems shall facilitate the survival of the earthworms. Solid
waste material to be fed to earthworms shall be managed to achieve pathogen
reduction prior to feeding to the earthworms. (6) 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) Methods of conditioning compostable
materials. The owner or operator may manage authorized materials in conjunction
with the composting methods in paragraph (D) of this rule by utilizing any of
the following methods: (1) Acidic anaerobic
fermentation. The owner or operator shall construct containers and utilize
microbial inoculum to allow for and maintain acidic anaerobic fermentation
conditions. The owner or operator shall maintain materials in sealed containers
for a length of time sufficient for acidic anaerobic fermentation to occur, and
acidic conditions shall be maintained between a pH range of 3.5 to
6.0. (2) Other methods. The owner or operator
may submit a written request to the director for approval of an alternative
method of conditioning compostable materials. The request shall include at a
minimum a detailed description of the alternative method and how the method
will enable controlled biological decomposition and comply with the operational
requirements specified in this rule. (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 management. 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 management. 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. When public access
is allowed, the owner or operator shall maintain posted in accordance with rule
3745-560-402 of the Administrative Code. (L) Wood processing and management. The
owner or operator when accepting tree stumps, trunks, limbs, or clean untreated
wood shall do the following: (1) Shred, grind, 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, grind, 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) Manage surface water in accordance
with Chapter 6111. of the Revised Code. (2) Minimize run-on from
reaching the materials placement area. (3) Undertake actions as
necessary to correct the conditions causing the erosion or ponding, unless the
ponding is for the purposes of collection. (4) Divert surface water away from the
materials placement area. Ensure that the land surface of the materials
placement area maintains a slope greater than or equal to one per cent and less
than or equal to six per cent to direct surface water to collection points or
otherwise control the surface water drainage. (5) Maintain any
structures or mechanisms used for the collection or containment of runoff, if
applicable. (6) 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) Manage leachate in
accordance with Chapter 6111. of the Revised Code. (2) Take action to minimize, control, or
eliminate the conditions which contribute to the production of
leachate. (3) Minimize ponding of
leachate in the materials placement area. (4) Eliminate the conditions that
contribute to the unauthorized discharge of leachate from the composting
facility. (5) Collect and contain leachate within
the boundary of the composting facility and prevent leachate from discharging
to waters of the state, unless the discharge is authorized pursuant to Chapter
6111. of the Revised Code. (6) If applicable, maintain any
structures or mechanisms used for the collection or containment of
leachate. [Comment: Leachate may be collected and contained
for reintroduction into the composting process.] (O) Upon written notice, Ohio EPA or the approved board of
health may require the owner or operator to submit a written narrative
describing the current or planned management practices for any or all of the
areas of management under paragraphs (C) to (O) of this rule. Unless otherwise
specified in the notice, the owner or operator shall submit the narrative to
Ohio EPA or the approved board of health not later than thirty days upon
receipt of the notice. (P) Ohio EPA or the approved board of health may order that
compost or compost product be disposed in a licensed solid waste landfill if
Ohio EPA or the approved board of health determined that the compost or compost
product causes or threatens to cause a nuisance or adversely affects the public
health, safety, or the environment.
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Rule 3745-560-415 | Record keeping requirements for class IV composting facilities.
Effective:
October 1, 2018
(A) Record retention and availability.
The owner or operator shall do the following: (1) Maintain records
specified in this rule for a period of at least three years. (2) Have records
available for inspection by the approved board of health or Ohio EPA during
normal operating hours. (3) Upon request, submit
records to Ohio EPA or the approved board of health. (B) Log of operation. The owner or
operator shall do the following: (1) Record the facility
operations on the log of operation forms as specified in rule 3745-560-04 of
the Administrative Code. (2) Complete the log of
operation at a minimum once per week unless the owner or operator has received
written concurrence for an alternative frequency from Ohio EPA or the approved
board of health. (3) Complete the log of
operation more often than weekly if conditions warrant a higher frequency of
completion in order to effectively monitor operations at the composting
facility, or when required by Ohio EPA or the approved board of
health. (C) Annual report. Not later than
February first of each year, the owner or operator shall submit an annual
report to Ohio EPA. The annual report shall include the required information
specified in rule 3745-560-04 of the Administrative Code.
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Rule 3745-560-420 | Compost distribution requirements for class IV composting facilities.
Effective:
October 1, 2018
Compost produced at class IV composting facilities
in accordance with this chapter is considered a compost product acceptable for
distribution for use in accordance with accepted agricultural, silvicultural,
or horticultural practices, regardless of the extent of biological
decomposition of the waste materials, and does not have specified quality
standards.
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Rule 3745-560-435 | Closure and termination requirements for class IV composting facilities.
Effective:
October 1, 2018
(A) The owner or operator of a composting
facility shall perform closure as specified in this rule if any of the
following occur: (1) The composting
facility ceases to be an active composting facility. (2) The director issues a
final action addressing either of the following: (a) The owner or operator sells or offers for sale at
retail or wholesale, uses, distributes for use, or gives away any compost that
does not comply with the applicable quality standards established in this
chapter. (b) The establishment or operation of the composting
facility has violated Chapter 3704., 3714., 3734., or 6111. of the Revised Code
or rules adopted thereunder. (B) The owner or operator of a facility
required to perform closure in accordance with this rule shall do the
following: (1) If the facility is
closing pursuant to paragraph (A)(1) of this rule, send a written notification
to Ohio EPA, the approved board of health, and the solid waste management
district indicating the date on which the facility will cease acceptance of the
waste materials. (2) Not later than seven
days after closure is required under paragraph (A) of this rule, the owner or
operator of a composting facility that allowed public access shall post signs,
stating in letters not less than three inches high that the facility is closed.
The signs shall be posted in such a manner as to be easily visible at all
access points into the facility and shall be maintained in legible condition
for not less than one year, or until the facility re-opens as a registered
composting facility or is converted to an alternative use. The text of the
signs shall be the following: "This facility is closed for all
composting activities and all receipt of waste materials. Depositing solid
wastes at this site constitutes open dumping which is a violation of Chapter
3734. of the Revised Code." (3) Conduct the facility
closure requirements in accordance with paragraph (C) of this
rule. (4) Send written
notification to Ohio EPA or approved board of health certifying that the
facility closure requirements have been completed in accordance with this
rule. (5) Comply with rule
3745-560-410 of the Administrative Code until receipt of a letter of
concurrence from Ohio EPA or the approved board of health stating that the
facility is in compliance with the closure requirements of this
rule. (C) The owner or operator shall perform
the following closure activities: (1) Remove compost products and solid
wastes from the composting facility. (2) Remove and properly dispose of
leachate remaining on the site in accordance with applicable laws and
regulations. (3) Modify, remove, or seal the leachate
collection system to prevent discharges from the system to surface waters of
the state or ground water unless such discharges are otherwise regulated in
accordance with Chapter 6111. of the Revised Code. (4) Clean containers, equipment,
machines, and materials placement area surfaces that were in contact with solid
wastes at any time during the operation of the facility using procedures that
substantially reduce or eliminate any remaining constituents or contaminants.
This paragraph does not apply to materials placement area surfaces composed of
soil, gravel, slag, or other permeable material. (D) Criteria for termination of a
registration. A registration for a facility that has completed closure shall
terminate upon receipt of a letter of concurrence by Ohio EPA or the approved
board of health stating that the facility is in compliance with the closure
requirements contained in this rule. (E) This rule does not apply to a
registrant who requests termination of a composting facility registration after
obtaining appropriate authorizations for a class I, II, or III composting
facility. (F) An owner or operator who requests the
termination of the composting facility registration after the composting
facility ceases to be an active composting facility, or to change to a yard
waste only transfer facility in accordance with Chapter 3745-555 of the
Administrative Code, may submit a written request to Ohio EPA or the approved
board of health for alternative closure requirements. Ohio EPA or the approved
board of health may approve alternative closure requirements provided the
requirements are protective of public health, safety, and the
environment.
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