13B_.1400_TrackedChanges

I 15A NCAC 13B .1401 is readopted with changes as published in 33:24 NCR 2373 as follows:
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3 SECTION .1400 - SOLID WASTE COMPOST FACILITIES
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5 15A NCAC 13B .1401 REQUIREMENT FOR PERMIT
6 (a) All per -sons wh . . . )r- ineludes the pfeduetion of eompost from solid waste or solid waste ee eemposte
7 with other- wastes shall not eenstmet, eper-ate, expand oF modify a faeility tintil a eurrently va4id permit for a so
8 . No person shall construct, operate, expand, or modify a facility that
9 produces compost from solid waste or solid waste co -composted with other wastes unless it has [yes] a
10 currentlypermit issued by the Division for a solid waste compost facility, f`
11 provi led €ef] in Rule .1402(f) and (z) of this Section.
12 . General
13 provisions, siting, design, application, operational, distribution, and r-epet4iag reporting, and closure
14 requirements shall be in accordance with Rules .1402�1403, .1404�1405, .1406, .1407, and .1402 through.1408
15 .1410 of this Section.
16 (b) Plans for a Large Type 3 or Type 4 Solid Waste Compost Facility, as defined in Rule .1402(e) of this Section,
17 or plans for any facility located over a closed -out disposal area area, shall be submitted
18 with the permit application in accordance with Rule .n''�(3) .0202 a 3 of this Subchapter. ^ miniffP&M of f tt
19 sets of plans shall be submitted withift eaek applieafien.
20 (c) Compost permits shall be issued for a period of [^] 10 years. An application for renewal of a permit
21 shall be submitted to the Division in accordance with Rule .1405 of this Section no less than four months prior to
22 expiration of the existing permit.
23 (d) Permit modifications.
24 (D The owner or operator shall submit to the Division a permit application in accordance with Rule
25 .1405 of this Section for a major modification to the existing permit issued by the Division, For the
26 purpose of this Section, a [A] major modification means shah w quiFe f f] any of the following:
27 a change in f :the property or facility operator or ownership, a change in facility type as defined
28 in Rule .1402 of this Section, an expansion or relocation of the [appreved] operations area in the
29 existing permit,[afea-] or a [subtial] change to the operations or design [plate] plan such as
30 changes in the compost method, waste receipt and handling, feedstock storage, or processing layout.
31 A permit issued by the Division as a result of a permit modification shall be in compliance with
32 Paragraph (c) of this [A major fnedifieafien r-e"ir-es an appliemien sttbmit4ed to the Division
33 in aeeer-da-aee wA Rule .14 05 of this Seetieft, ifteludifig r-evised design a -ad epefational plans an
34 digs.1
35 (2) The owner or operator shall not be required to submit a permit application to the Division in
36 accordance with Rule .1405 of this Section for a change to a plan that was submitted in accordance
37 with Rule .1405 of this Section if the Division determines that the change does not meet the
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I definition of a major modification provided in Subparagraph O of this Paragraph, the change
2 complies with the requirements of this Section, and the owner or operator submits to the Division
3 written notice of the change, including documentation of the updated information such as revised
4 pages or addendums to the plan. The Division shall acknowledge receipt of the change by sending
5 written notice to the owner or operator. r n a:r, .; shall ;„ao a i o :n the design
6 or operational plan that does not r-equire a sttbstantial ehange to the design and operations plan an
7 drawings. A miner modifieation that is appFoved by the Division shall be appFaved by Wfitten
8 notificatien. The appr-eval shall be added as an addendum to the approved plan.]
9 [(3) An approved major- modifie4ien shall r-estilt in the issuanee of a ffew permit with an expira4i
10 th Par-agmph (e) of this Rule if the
12 (e) For purposes of this Section, 'operations area" means the total area used for mixing, Grinding, processing,
13 composting curing, and wood waste and feedstock unloading and storage_ Operations area shall not include buffer
14 areas.
15 (fFor purposes of the Section, "material onsite" means wood wastes, feedstocks, mixtures, and active and curing
16 compost, but shall not include finished product.
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18 History Note: Authority G.S. 130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
19 Eff December 1, 1991;
20 Amended Eff. May 1, 11996 1996:
21 Readopted Eff.November 1, 2019.
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l 15A NCAC 1313.1402 is readopted with changes as published in 33:24 NCR 2373 as follows:
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3 15A NCAC 13B .1402 GENERAL PROVISIONS FOR SOLID WASTE COMPOST FACILITIES
4 (a) ^ pay. The provisions of this Rule shall apply to the following facilities:
5 (11,) facilities that produce compost or mulch from yard waste or from residues from agricultural products
6 and processing;
7 (2) vermicomposting facilities;
8 (3) anaerobic digestion facilities; and
9 (4) compost facilities that compost solid waste or co -compost solid waste with sludges that are not
10 classified as a solid waste wastes functioning as a nutrient source.
11 01 Facilities that co -compost with sewage sludge shall comply with all applicable Feder -a! federal regulations
12 regarding sludge management at in 40 CFR 501 and 503 nn CF 503 subpaft B 503, which is hereby incorporated
13 by rye reference including subsequent amendments ^r additions.and editions. Copies of the Code of Federal
14 Regulations may be obtained from the U.S. Government Publishing Office website at www.gpo.gov Solid Waste
15 Seetien-at401 Ober-hn Read, to 150, Raleigh, NC 2 at no cost.
16 fc)(b) The provisions of this Section de shall not apply to compost facilities that compost only wastewater treatment
17 sludge with munieipal solid waste functioning only as a bulking agent.
18 (e) Solid Waste Compost Faeilities that have been pefmifted prior- to the effeetive date of this Rule shall mee
19 requirements of this Seetien within ane yeaf of the effeetive da4e of this Rule, or-, within twe years if more than ane
20 .
21 (d) Solid waste compost produced outside the State of North Carolina and imported into the state shall comply with
22 the requirements specified in Rule .1407 of this Section.
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24 U(€j Solid waste compost facilities shall be classified based on the types and amounts of materials to be £empested.
25 composted as follows:
26 (1) Type 1 facilities may receive yard and garden waste, silvicultural waste, and untreated and unpainted
27 wood waste waste. ^ ffibi a4ian thereof
28 (2) Type 2 facilities may receive pre -consumer meat -free food processing waste, vegetative agricultural
29 waste, source separated paper paper, or and other source separated specialty wastes, whie wastes
30 that are low in pathogens and physical contaminants. Waste acceptable for a Type 1 facility may be
31 composted at a Type 2 facility.
32 (3) Type 3 facilities may receive manures and other agricultural waste, meat,
post consumer-
33 separated post -consumer source -separated food wastes wastes, and other
34 source -separated specialty wastes that are relatiellow in physical
35 eentafnin contaminants but may have high levels of pathogens. Waste acceptable for a Type 1
36 or 2 facility may be composted at a Type 3 facility.
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1 (4) Type 4 facilities may receive ,
2 waste, industrial solid waste, neft selid non -solid waste sludges functioning as a nutrient source or
3 other similar compostable organic des wastes, or any combination thereof. Waste acceptable for
4 a Type 1, 2 2 or 3 facility may be composted at a Type 4 facility.
5 (5) The listed waste Pfp� `�flafagraph (2) [(2)]^For this Rule []shall be , side,.^a to be
6 low in pathogens and physieal eontaminants if handled so as to prevent development of eontaminants e-F
7 [(3)] of this Rule
8 [Paragraph] . In determining whether a
9 specific waste stream listed in Subparagraphs (1) through (4) of this Paragraph is [shall bel acceptable for
10 eempasting in a Type 2 of Type 3 f4eil4yF composting, the Division shall consider the method of handling
l l the waste prior to delivery to the facility as well as the physical characteristics of the waste. Testing for
12 pathogens and physical contaminants may shall be required where if a determination cannot be made based
13 upon prior knowledge of the waste. Test methods and constituents tested shall comply with Rule
14 .1407(b)(2), (b)(3), [ )(5)](b)(5), and (b)(6) of this Section. Appendiees ^ and B to Table 3.
15 (6) Small facilities.
16 Small Type 1 facilities shall have an operations area less than two acres in size and shall
17 be limited to no more than 6,000 cubic yards material onsite at any given time, including
18 finished product.
19 Small Type 2, 3, and 4 facilities shall have an operations area less than two acres in size
20 and shall be limited to no more than 1,000 cubic yards material onsite at any given time.
21 Small f4eilifies afe these dia4 r-eeeive less dmn 1000 e4ie yards of ma4er-ial for- eamposting
22 per- quarter-, and eeetipy less than two aer-es of land, exeept that a Small Type 1 f4eility s
236,000 etibie yards ef material per- "aften
24 (7) Large facilities.
25 (A) Large Type 1 facilities shall have an operations area of two or more acres in size or have
26 more than 6,000 cubic yards material onsite at any given time.
27 (BB,) Large Type 2, 3, and 4 facilities shall have an operations area of two or more acres in size
28 or have more than 1,000 cubic yards material onsite at any given time.
29 Large f4eilities are these that r-eeeive 1000 e4ie yards eF more of material feF eemposting
30 per- qtiar-teF or- oeeupy two aer-es or more of land, exeept that a Large Type 1 f4eility shall
31 process or store mer-e than 6,000 etibie yards of material per qeal4en
32 (�f -^ ^ is not required f - the following ^ fa4ie-The following operations shall be exempt from the
33 requirements of this Section:
34 (1) . backyard and composting;
35 (2) Fafming farming operations and silvicultural operations where if the compost is produced from
36 materials grown on the owner's land and re -used on the owner's land or in his associated farming
37 operations and not offered to the p ,� [ptt ands public; and
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persons receiving no more than 30 cubic yards of leaves from an offsite source on an annual basis.
Nefifieatieft of the Solid Waste Seetion prior- to epera4ian a -ad On an afilittal basis as •
C'7 ,
C'rlName, ,
(iv) Composting proeess to be (iii) Type and amount of wastes r-eeeived;
and
(-v) intended dist-r-ibtttieff of the finished predtiet,
(9) Agreement te eper-a4e in aeeer-danee with eper-afienal r-eqttir-efnefAs as set forth in Rule
the setbaek R le 1 404(ev1) (9) of this Section
CL7 ith ll , ,
r-eg-diationsor-orders.
(Tll 1r. edit. ; of 1,.emed over- . lese.l out disposal site
E) Sa�� measures are taken to prevent fiFes and aeeess to fire equipment or fire fighting
( ivided.
(g) The following operations shall be exempt from the permitting reauirements in f le-.141 1� le 4 5 Rule .1401 of this
Section:
W Small Type 1 Facilities meeting the following conditions:
notification W to the Division prior to operation and on an annual basis as to:
the facility location;
ii the name(s) and contact information of the owner and operator;
iii type and amount of wastes received;
iv the composting process to be used;
Cv) the intended distribution of the finished product; and
NO for new facilities only, a letter from the unit of government having zoning
jurisdiction over the site that states that the proposed use is allowed within the
existing zoning if any, and that any necessary zoning approval or permit has been
obtained;
the facility operates in accordance with the operational requirements as set forth in Rule
.14060) through (11) and (16) of this Section and the setbacks in Rule .1404(a)(1) through
(a)(10) of this Section;
the facility operates in accordance with all other state or local laws, ordinances, rules,
regulations or orders;
the facility shall not be located over a closed -out disposal site; and
[the] safety measures shall be taken to prevent fires and access to fire equipment or fire-
fighting services shall be provided.
Compost facilities meeting the following conditions:
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the site reete} receives for composting�re- and post -consumer food waste, manure,
vegetative agricultural waste, yard and garden waste, land -clearing debris, untreated and
unpainted wood waste, [and] or source separated p >1 er;
material onsite, not including finished compost, shall not exceed 100 cubic yards at any
time;
Q the operations area shall be less than 1.0 acres total;
the site operates in accordance with operational requirements as set forth in Rule .1406 of
this Section and the setbacks in Rule .1404(a(1) through (a)(10) of this Section, except
that the buffer between property line and operations area shall be at least 50 feet and the
buffer between the operations area and residences or dwellings not owned and occupied by
the operator shall be at least 200 feet;
the site is operated to prevent the release of particulates and odors outside of the property
boundary, and the site does not attract vectors such as insects and rodents; f ePefates in sale
that dust and odors do not „ «stit„te a publ;e « e;]
for facilities producing compost that is distributed to the public or used in public areas,
compost produced from the facility shall meet the pathogen testing and record keeping
requirements per Rule .1407(b) and Rule .1408(a) of this Section; and
the site operates in accordance with all applicable State or local laws, ordinances, rules,
reeulations, or orders.
History Note: Authority G.S. 130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
Eff December 1, 1991;
Amended Eff. May 1, 1996 1996:
Readopted Eff. November 1, 2019.
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15A NCAC 13B .1403 is readopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1403 GENERAL PROHIBITIONS FOR SOLID WASTE COMPOST FACILITIES
(a) Neither hazardous waste nor asbestos -containing waste shall be accepted at a facility or
processed into compost.
(b) Household hazardous waste shall not be accepted by a facility, except in an area designated by facility site plans
for storage, and shall not be processed into compost.
(c) eWest Compost made from solid waste whieh that cannot be used pursuant to the requirements of this Rule
shall be reprocessed or disposed of pursuant to the requirements of this Subchapter.' 5 ^ NG n r , 3B
History Note: Authority G.S. 130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
Eff. December 1, 1991;
Amended Eff. May 1, 11996 1996:
Readopted Eff. November 1, 2019.
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15A NCAC 13B .1404 is readopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1404 SITING/DESIGN REQUIREMENTS FOR SOLID WASTE COMPOST
FACILITIES
(a) A site shall meet the €ellowin requirements of this Rule at the time of initial permitting and shall continue to
meet these requirements throughout the life of the permit only on the site property owned or controlled by the applicant
or by the landowner(s) at the time of permitting: permitting.
(1) A site located in a floodplain shall not restrict the flow of the 100-year €leech flood, reduce the
temporary storage capacity of the €leedplain; flood 1p ain, or result in washout of solid waste waste,
so as to pose a hazard to human life, wildlife, land land, or water r-esaufees; resources.
(2) A 100-foot iniftimi+m buffer is shall be maintained r-equire between all property lines and compost
areas for Type 3 and 4 facilities, 50-foot for Type 1 or 2 f eyes facilities.
(3) A 500-foot minim+im buffer is shall be maintained r-equire between compost areas and residences
or dwellings not owned and occupied by the permittee, except that Type 1 and Small Type 2 and 3
facilities shall have maintain a 200-foot .V ini ,.,,, bttffi t; buffer.
(4) A 100-foot minimum buffer is shall be maintained r-egttired between all wells and compost areas,
except monitoring wells; wells.
(5) A 50-foot minim buffer is shall be maintained r-equire between perennials streams
and rivers and compost areas; areas.
(6) A compost facility shall be located in accordance with 15A NCAC 2B .0200, Classification and
Water Quality Standards Applicable to Surface Waters in North Carolina.
(7) All portions of any a compost facility located over a closed -out disposal area shall be designed with
a pad adequate to protect the disposal area cap from being disturbed, as defined in Part (a)(10)(€)
a( )(10)(C) of this Rule, and there shall be no runoff from the pad onto the cap or side slopes of the
closed out afea; area.
(8) A 25-foot minimum distance is shall be maintained require between compost areas and swales or
berms; ;
(9) A site shall meet the following surface water requirements:
(A) A a site shall not cause a discharge of materials or fill materials into waters or wetlands of
the state State that is in violation of Section 404 of the Clean Water Act;
(B) A a site shall not cause a discharge of pollutants into waters of the state State that is in
violation of the requirements of the National Pollutant Discharge Elimination System
(NPDES), tmde pursuant to Section 402 of the Clean Water Act; and
(C) A a site shall not cause non -point source pollution of waters of the state State that violates
assigned the water quality standar-ds; [st ] standards as set forth in 15A NCAC 02B.
(10) A site shall meet the following groundwater and operations area pad requirements:
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I (A) A a site shall not contravene groundwater standards as set forth in establishe undr
2 [pursua+t-el 15A NCAC 0
3 (B) the operations area of Type 1, 2, and 3 facilities shall have one of the follomk
4 (i) a soil pad with a soil texture finer than loamy sand. For a Type 1 or 2 facility, the
5 depth to the seasonal high water table shall be maintained at least 12 inches. For
6 a Type 3 facility, the depth to the seasonal high water table shall be maintained at
7 least 24 inches; or
8 fW a pad in accordance with Part (C) of this Subparagraph,
9 n,.Aiefts of a site used for- waste reeeipt and ste -age active , ,.. tin and "
10 shall have a soil texture finer than leafay sa-ad and the depth to the seasenat4io
11 water table shall be fnaifi4ained 4 least 12 inehes for- a Type 1 or- 2 f4eility and 24
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13 (C) the operations area of a Type 4 facility shall have a pad with a linear coefficient of
14 permeability no greater than 1 x 10-' cm/sec. The pad shall consist of one of the following:
15 (i) a non -soil pad, such as concrete and asphalt, designed and constructed to meet the
16 weight requirements of the compost operation and to prevent infiltration of liquids
17 to groundwater; or
18 ii a soil pad of at least 18 inches constructed in accordance with Rule f .' ti�`r
19 .1624(b)(8) and Rule .1621 of this Subchapter. A 12-inch soil layer shall be
20 maintained over the pad to protect it from damage and desiccation: and
21 A pad shall be provided for- pei4ians of a Type 4 f6eility used for- wastp, -
23 (D)
24 Filter- Li"ids Test (EPA Method 9095), and for- w-hieh the storage area is prepared in stieh
25 finished
26 product shall be stored where the depth to the seasonal high water table is fRaintaine at
27 least 12 inches below ground inehes; an
28 (E) The linear- eeeffieieR4 of peFmeabilit-y of pads fequir-ed in aeear-da-aee with this Rule shag
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31 (b) Fer- Subpar-agr-aphs (a)(2) thfetioi (a)(4) and Paft (a)(10)(B) of this Rtile, (dependen4 upon waste type, f4eility
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by the Division in order- to pr-oteet publie health and the en-Ar-offfnent or- to prevent the efe4ion of a n '-
34 (b) For Subparagraphs (a(2) through (a)(4) and Part (a)(10Z(B) of this Rule, alternative minimum buffers or
35 requirements may be [] modified by the Division, based on the waste type, facility design, and regional
36 tonoizranhv. if necessary to protect public health and the environment or to prevent the creation of a nuisance.
37 (c) A site shall meet the following design requirements:
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(1) A a site shall not allow yea unauthorized public access;
(2) A a site shall meet the requirements of the Sedimentation Pollution Control Law (15A NCAC 04
(3) A a site shall meet the requirements of the Air Pollution Control Requirements (15A NCAC 24)-)
02D to minimize fugitive emissions and odors; and
(4) A a site shall be designed to minimize odors at the property bound ai3�.-boundary by means such as
expanded buffers, consideration of topography and wind patterns, or process layout design.
History Note: Authority G.S.130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
Eff December 1, 1991;
Amended Eff. May 1, 1996 1996:
Readopted Ee(f. November 1, 2019.
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15A NCAC 1313.1405 is readopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1405 APPLICATION REQUIREMENTS FOR SOLID WASTE COMPOST
FACILITIES
(a} One paper copy and one electronic copy of a solid waste compost facility permit application shall be submitted to
6
the Division. The
following information is shall be required for an application for a permit to construct and operate a
7
proposed Type ,,
or a Small Type 2 or 3 solid waste ^ ost f eilit ., Large Type 1, Small or Large Type 2 or 3 or
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all Type 4 solid waste compost facilities: [€aeilities] unless the permitting requirements are pte by Paragraph
9
[ 1 ^hiss Seetiew
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(11,)
the name and contact information of the facility owner and operator;
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documentation of property ownership, including:
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(a) the property owners;
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(b a current property deed; and
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(c) a notarized acknowledgement letter from the landowner of use of the property as a solid
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waste facility if the landowner is not the facility owner or operator.
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(3)(4)
An an aerial photograph or scaled drawing, where one ine at a scale of one inch to less than or
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equal to 400 feet, aeettfate showing the area within one-fourth mile of the proposed site's
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boundaries with the following spay identified:
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U(A) En4ire the entire property owned or leased by the person proposing the facility;
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1]21(13) Leemien the location of all homes, wells, industrial buildings, public or private uiilities;
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roads ater-eeufses; ems; utilities, roads, watercourses, and othef applicable
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information regefd n^ the general topography within 500 feet of the proposed facility; and
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Cc(G) Land the land use zoning of the proposed site.
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(4)(2)
A [f r all new site ' a letter from the unit of government having zoning jurisdiction over the site
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whieh that states that the proposed use is allowed within the existing zoning, if any, and that arty
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necessary zoning . approvals or permits have been obtained;
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JQ(-3,)
An an explanation of how the site complies with siting and design standards in required by Rule
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.1404 of this fir. Section;
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(6J(4)
A a detailed report indicating the following:
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Laa)(M Waste t-ype(s), the waste types, the source and estimated quantity of the solid waste to be
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eemposte , composted including the source and expected quantity of any bulking agent or
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amendment (if applicable), ai-y expected r-eeyele recycling of bulking agent or compost,
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and any seasonal variations in the solid waste type or quantity; and
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(W(B) Fef for facilities that utilise use natural soils as a pad, a soil evaluation of the site conducted
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by a licensed soil scientist down to a depth of four €eet; feet or to bedrock or evidence of a
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seasonal high water table, to evaltime evaluating all ehemieal an physical soil properties
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and depth of the seasonal high water table. table;
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(D(5) Site a site plan at a scale where of one inch is to less than or equal to 100 feet *ems the nen that
delineates the following:
UfA4 Existing the existing and proposed contours, at intervals appropriate to the topography;
02)(B) Lesatiea the location and elevations of dikes, trenches, and other water control devices and
structures for the diversion and controlled removal of surface water;
(c)(C) Designated the designated setbacks and property lines;
U(D) gfopesed the proposed utilities and structures; and
fe)(€) Areas the areas for unloading, processing, active composting, curing, and storing of
fater4al. material;
�f the access roads and details on traffic patterns;
the wetlands, streams, and 100-year floodplains; and
the proposed surface and groundwater monitoring locations, if required.
M : an operations plan
that includes the following:
(a M Name, address and phone numbethe name and contact information for the person
responsible for the operation of the facility;
(b)(1) L3s4 a list of personnel r-eqttir-e and the responsibilities of each position;
(C4 ; a schedule for operations, including days and hours that the
facility will be open, preparations before opening and procedures to be followed after
closing for the dam
Ld)" Speeial special precautions or procedures for operating during wind, heavy rain, snow,
freezing or other adverse conditions;
Le)(E4 A a description of actions to be taken to minimize noise, vectors, and air borne
particulates;
(f (F) A a description of the ultimate use for the finished compost, the method for removal from
the site, and a contingency plan for disposal or alternative usage use of residues or finished
compost that cannot be used in the expected manner due to poor quality or change in market
conditions;
(a) contingency plan describing actions to be taken for equipment breakdown, unauthorized
waste arriving at the facility, spills, and fires;
a discussion of compliance with the operational requirements listed in Rule .1406 of this
Section; and
0 for Lard T e l Lar e T e 2 Lar e T e 3 and all T e o
facilities, include the following:
a description of procedures for incoming material inspections;
ii a description of procedures to meet the final product sampling and analyses
requirements specified in in Rule .1407 of this Section;
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fDR)
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iii a description of procedures to meet the record keeping requirements specified in
Rule .1408 of this Section; and
iv a copy of all applicable local, state, and federal permits and approvals necessary
for the operation of the facility.
A a report on the design of the facility, including:
La)W Design the design capacity of the facility;
(h)(13) A a process flow diagram of the entire facility, including the type, size, and location of all
equipment used in the compost process and feedstock flow streams. The
flow streams shall indicate the quantity of materials by eft a we weight and volume;
vokimeti4e basis-,
Lc) a description and sizing of the storage facilities for feedstocks, amendments, and finished
Compost;
Ld,2(C4 The the means for measuring, shredding, mixing, and proportioning input materials;
Le)" AntieipateR the anticipated process duration, including receiving, preparation, composting,
curing, and distribution;
( {]F--) A a description of the location of all teWer�air [ill temperature and any other type
of monitoring point,, points within the compost windrow, and the frequency of monitoring;
W(F) A a description of how the temperature control and monitoring equipment will demonstrate
that the facility meets the requirements in Rule .1406(11),(12), or (13) .1406 items ( m
(11), 2) of this Section, as appropriate for the feedstock;
th)(G) The the method of aeration provided and the capacity of aeration equipment; and
0(14) A a description of the method to control surface water run-on and fun off; run-off and the
method to control, collect, treat, and dispose of leachate generated;
(D the separation, processing storage, and ultimate disposal of non-compostable materials, if
ap lin cable;
W a description of dust control and other air emission control measures; and
a description of recycling or other material handling processes used at the facility.
Odor Control Plan. Operators of Large Type 2, Large Type 3, and all Type 4 facilities shall prepare,
submit to the Division, and implement an odor control plan that details site specific conditions to
meet the design requirement in Rule .1404(c)(4) of this Section. Existing facilities permitted prior
to the readopted effective date of this Rule shall meet these requirements at the time of permit
renewal. The plan shall contain the following_
(a) an identification of all onsite potential odor sources;
(b) a description of onsite weather conditions that [weak} may affect odor migration, such as
prevailing wind direction, topography, and seasonal variations;
3 of 7 23

I (c) a plan to monitor onsite odor and record odor data for the odor sources with the potential
2 to migrate offsite. Data shall include date, time, site specific conditions, weather
3 conditions, wind direction, and characteristics and intensity of odor;
4 (d) a description of the facility's odor complaint protocol, including forms used, odor
5 verification by operator both onsite and offsite, what the response will be, and who will be
6 contacted;
7 (e) a description of complaint record keeping; and
8 (Df a description of odor control design and operating best managementpractices to be used
9 onsite, including:
10 6) personnel training;
l l tW feedstock characteristics;
12 iii the initial mixing of feedstocks to reach targeted carbon to nitrogen (C:N) [r
13 ratios and moisture levels;
14 iv maintenance of compost piles for moisture;
15 (v) aeration methods, frequency, and protocol,
16 vi leachate and liquids mana e
17 vii weather monitoring and protocol;
18 viii management of airborne emissions; and
19 ix windrow ]covering;
20
21 this Seetion.
22 11 M Plans engineering plans and specifications for the facility, including manufacturer's performance
23 data for all equipment seleeted. selected; and
24 (12) documentation that the local fire Drotection authoritv has been notified of the site use.
25
26
27
(10)—Adetailed eperation
and fnaintenanee manual eudi i g
28
29
in inspeeting
ineeming matefial; menitofing, sampling and analyzing the eempost pfeeess-
30
and final
... eduet testing se °dine a v ,.fdkee. ing ,.o"ir-eme t".
31
(B) Gentingeney
plans detailing eeffeefive of femedial aefien te be taken in the event of
32
equipmertt
br-eakde nen-eenfofming waste delivefed—to the fasility; spills, ana
33
wide.,; .able
" ndifiens " eh as fifes, eete fs and ,.,ae fs; an
34
(G)
35
36
.
37
(11) As built drawings
where appfie-able.
24
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1
2
3
An
dfawing,
ineh is less dma
to 400 feet,
R)
aer-ial photograph
or- sealed
whefe one or- e"al
aeefffatel-y
4
showing the
afea within one
fotn4h
of the mile of the proposed site's betindar-ies
with the following
5
eeifieally
:,len.:aedi
6
(AA) Entifepr-eperty
owned
or- Wased
by the per -son preposing+kite-,
7
,
8
fourth
mile; an
10
.
11
A letter ffom
the
ha-ving the
that
(2)
tffiit of go-,,emment
zoning jtn4sdietian over
site whieh sta�es
12
zoning, if , and thm any
neeessar-y
13
e, mit has
been obtained,
14
An
how the
design
in Rule this
(3)
explanation
of
site eemplies
with siting and standards
.1404 ef
15
See-tien.
16
(4)
A detailed ,•
peA indicating
the fell
17
Write
type(s) sewee
and quantity
efthe solidwaste ♦e be a
este.l inel,,. ing the seuf
18
and
eicpeeted quantity
E)f any
bulking agent or amendment (if
applieable), any expeete
19
20
21
(B) For-
faeilities w-hieh
utilize
natufal soils as a pad, a soil evaluation
of the site eendueted by
22
a soil
seien4ist down
to a depth
of fetir feet or to bedreek eF evidenee
ef a seasenal high
23
24
high
,ete. table
25
(-S)
Site plans a4
a seale where
one inch
is less than or equal to 100 feet to the
inch that delineates the
26
€e1leWing.
27
(M Existing
and p
e,l ,. fite,,.-.,
.,t :..te,•yals a a4e to the topography,
28
(B) Leea4ion
and eleva4ions
of
dikes, tfenehes,
29
for
the diyeFsie« and
,.ontrelle.l
removal of sur- f ee ..,..ter;
0
30
(C-) Designated
set,.aeks
buff F
zones and property lines;
31
,
32
(-E-)
,
33
(F)
;
34
35
etl.e,-
ma4e.•:.,1s .
hefe ., p1:eable•
36
(14) D,-epose.l
stiff ee
and g ...]wate.-monit,.,•ing
le..m e„s;
37
(1) Floodpains
and
wetlands;
.,n.1
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(J) Benehmar
(6)A
CAI
dese.-iptie f the .. o.-..tio .,1.:, hffl ,st : e 4
f the f
e E) edit.> aelti
F the
'b o F the lien f' the
Name,
add6Fr-mid�v
(i) is cizoi=cxxc ci:Tviric &iorozvi-cxxc vi-$crorrvrcx:c
p �
faeility;
l�7 ,
f� ,
before to be followed for- the day;
pt:epafations opening, and pfoeedttr-es after- elosing
Fof faeilities, f6t: disposal household
mixed waste pfoeessing plan r-emoving and of
f:-,.,.-, the .
hai5ar-deiis
waste waste stream;
Cr7
(G)
odors; an
A desefiption the feF
ffom thee
for the finished
(H4 of ultimate use eompost, method removal
for disposal
fiflish
site, and a contingeney plan oF alternative usage of Fesi"es or-
that be in the dtte tO itt
C rJreport
eompost eannot used expected manner POOF qUality OF ehange marka
on the design of the faeilitt,,
A flow diagram the faeility, ineluding the type, ioeation
(R) pfeeess of entife size, and of all
. .
feed flow The flow indicate the
I . . mt, and stoek str-eams. str-eams shall pantity
of fnateFial on a wet weight and volufnetFie basis--,
deseFiption the facilities foF bulking
(�}A and sizing of stoFage amendment, agent, solid waste,
.el.ablv., household 1...za-.
finished
eiis waste and e &ss -,
,
(� ,
(
q4 ,
f .,,..pl
eab.lo•
A deseFiption the loeation tempefatwe, type
(G4 of of all air and any othef of monitoFing points,
the 4equeney
and
of monitoFing-,
26
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(J)
(
(L)
;
; and
the tnethod to eontfe4,
((pp��
.,
of this
on..
(9)
(44
(2-)
,
detailed
informa4ian insti-detion,
list
,
operational
a -ad equipfnent
training, te be
maintenance,
in
of personnel, r-eqtlir-ed
this Seetiefl,
personnel
instatetiofts
A
outline of fepei4s stibfnitted
for- the final
eomplianee
with
lists
and safiaty
the ift
(34
Eltiality
assufanee pla-n proeess a -ad
pr-oduet whieh
proeedwes used
pr-oduet, testing
, and o 0
0 0
(4)
,
(-S)
As built drawings;
;
loeal, Federal
fei! the
fA
(-7)
Cal
eopy of
0
fa4ion
D,-,., uet fna-keti
all applieable state, and
of the f4eility; and
,. and .list. -;buts.,,.. ,..1..,..
pefmits and approvals
necessafy proper
.ter the
,
addition of
:eit-y,
new f edsteek ..�.,te, ialsonoFnefeedsteek1ateFials.
History Note: Authority G.S.130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
Eff December 1, 1991;
Amended Eff. May 1, 1996 1996:
Readopted Eeff. November 1, 2019.
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15A NCAC 13B .1406 is readopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1406 OPERATIONAL REQUIREMENTS FOR SOLID WASTE COMPOST
FACILITIES
AnY A person who maintains or operates a solid waste compost facility shall maintain and operate the site to conform
with the following prae practices and operational requirements of this Rule.
(1) Plan and Permit Requirements.
Oa �Aj Approved re.. n plans and conditions of the permit shall be followed. €ellewed; an
b(h)(B) A copy of the permit, plans, and operational reports shall be maintained on site at all times.
(2) Adequate r-esise Erosion control measures shall be practiced to prevent on -site erosion and to
control the movement of silt or contaminants from the site.
(3) Stormwater Suffaee wme shall be diverted from the operations area. eper-a4ienal, eempest
aa storage
(4) Leachate shall be contained on site or treated prior to discharge. [and] treated to meet the stand
of the [appheablel off site disposal method. A National Pollutant Discharge Elimination System
(NPDES)permit may be required in accordance with 15A NCAC 02B prior to the discharge of
leachate to surface waters.
(5) Access and Security Requirements.
La)(A4 Large sides facilities as defined in Rule .1402(e)(7) of this Section shall be secured to
prevent unauthorized enta by means such as of gates, chains, berms, or fences. for
other- se fity measufes ae.renstfa4ea to provide equivalent p ete^.;e. jand be appr-eved
by the Division-, s (b)(B) An operator shall be on duty at the site at all times while the facility is open for public use
use, to enstife compliance with ^ r-a4io ^' requirements and shall prevent unauthorized
access to s eh c eili es shall be eentrel the facilityoperations area.
Lc)(C4 The access road to the site shall be of all-weather construction and maintained.
in ^a na;.;e
(6) A site shall only accept those solid wastes that it is permitted to receive.
(7) Safety Requirements Requirements.
(a)W Open burning of solid waste is shall be prohibited.
(h)(B) Equipment shall be provided to control accidental fires and arrangements made with the
local fire protection agency to iedieAel provide fire -fighting services when needed.
L&C4 Personnel training shall be provided to iesufe ensure that all employees are trained in site
specific safety, remedial, and corrective action procedures.
(88,) Reporting Fires. Fires shall be reported to the Division orally within 24 hours of the incident and in
writing within 15 days of the incident.
(D(8) Sign Requirements.
28 1 of 5

I (a}(A) Signs providing information on waste that east may be received, dumping procedures, the
2 hours during which the site is open for public use, and the permit number and ethe�
3 pertinent : ronria4ie shall be posted at the site entrance.
4 1]21(13) Traffic signs signs and markers shall be provided as neeessafy to pfefflete an
5 orderly tfa ffie „a**ef to direct traffic to and from the discharge area. afea and to maintain
7 L&C-) Signs shall be posted stating that no hazardous waste, asbestos containing waste, or medical
8 waste can may be received at the site.
9 (HO)M Monitoring Requirements.
10 LaX-A) . Temperature monitoring
l l shall meet the record -keeping requirements in Rule .1408 of this Section.
12 02)(l) The temperature of all compost produced shall be monitored sufficiently to ensure that the
13 pathogen reduction criteria is are met. Onsite thermometers shall be calibrated annually
14 and records of calibration shall be maintained.
15 11 (" Compost process at Type 1 and Type 2 facilities shall be maintained at or above 55 degrees Celsius
16 (131 degrees F) 3 for three days and aerated to maintain elevated temperatures.
17 (L2)" Vector Attraction Reduction (VAR). Types 2, 3 and 4 facilities shall maintain the compost process
18 at a temperature above 40 degrees Celsius (104 degrees F) for 14 days or longer and the average
19 temperature for that time shall be higher than 45 degrees Celsius (113 degrees F (113 degrees F)
20 ,
21
22 roF renee ineluding any subsequent amendments „ additions.
23 (0)(1-2) Process to Further Reduce Pathogens (PFRP). The composting process shall qualify as a process to
24 further reduce pathogens for all Type 3 and Type 4 facilities. The following afe shall be acceptable
25 methods:
26 La -A) The the windrow composting method, in which the following requirements apply: Aer-Obie
27
28 .
29 .
30 (i) aerobic conditions shall be maintained during the composting process;
31 ii a temperature of 131 degrees55 degrees Celsius, or ,greater shall be maintained
32 in the windrow for at least 15 days; and
33 iii duringthe he high temperature period, the windrow shall be turned at least five times.
34 b�(1T) The the static aerated pile composting method, in which the following requirements apply:
35
36
37
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1 0 aerobic conditions shall be maintained during the composting process; and
2 ii the temperature of the compost pile shall be maintained at 131 degrees F (55
3 degrees Celsius) or greater for at least three days.
4 Lc)(C4 The the within -vessel composting method, in which the temperature in the compost piles
5 shall be maintained at a minimal temperature of 131 degrees F (55 degrees Celsius) for
6 three days.
7 (L41" Nitrogen bearing wastes shall be ineorper-ated as necessary to minimize odor- and the migr-atien e
8 nos. Putrescible feedstocks added to the compost process shall be incorporated [___ stieh
9 or to ,.,...tfe Wen] using methods to minimize odor such as reducing mixing time or the
10 addition of organic material.
l l (L51 The finished compost shall meet the classification, testing, and distribution requirements in Rule
12 .1407 of this Section.
13 16 The amount of compost stored at the facility shall not exceed the designed storage capacity,
14 (17) The site shall be operated to minimize odors at the property [be"} boundary by means such as
15 windrow covers, maintaining design process indicator parameters, and maintaining carbon to
16 nitrogengn ratios.
17 (B) Odor Corrective Action.
18 La) If the Odor Control Plan prepared in accordance with Rule .1405(10) of this Section has
19 been followed and the Division determines during a site visit that offsite odors are not being
20 minimized, the owner or operator shall submit to [f r app ., val by] the Division an Odor
21 Corrective Action Report. The report shall contain the following:
22 G) a summary of the actions taken in the Odor Control Plan;
23 ii an identification of onsite odor sources, in order of severity,
24 iii an evaluation and identification of odorous feedstocks as they relate to odor
25 complaints;
26 iv an evaluation of current operation process indicators including carbon to nitrogen
27 (C:N) ratio, pH, moisture content, oxygen levels, temperature, porosity, and
28 particle size;
29 (y) an evaluation of the compost recipe calculation with C:N ratio testingthat hat is
30 performed by an independent laboratory for each feedstock;
31 vi an identification of potential offsite odor receptors based on their proximity to the
32 odor sources and on weather patterns;
33 tyW a description of new odor reduction methods, if proposed, and an evaluation of
34 their feasibility, in terms of effectiveness, cost, and equipment needs;
35 ix an evaluation of the elimination of specific odorous feedstocks; and
36 W recommendations for implementing new corrective action measures for odor
37 minimization, [ ,] including a schedule.
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WO
The owner or operator shall implement the new corrective action measures for odor
minimization recommended in the Odor Corrective Action Report if the Division
determines that the new corrective measures will reduce odors outside of the property
boundary and will comply with the requirements of this Section. The Division may require
the elimination of specific odorous feedstocks if a facility fails to meet the odor
minimization [^^required by Item (17) of this Rule. The Division shall provide
written notice to the owner or operator of the determination.
(c) The owner or operator shall develop and implement additional [ itienal] corrective
action measures [ ] if necessary to meet the
requirements of Item (17) of this Rule to minimize odors at the property boundary
Compost Facility Training Requirements.
(a) Facilities permitted as Large Type 1, Large Type 2, all Type 3, and all Type 4 shall have
an operator, supervisor, or manager trained in accordance with the requirements in G.S.
130A-309.25. No less than one trained operator, supervisor, or manager meeting the
requirements of this Sub -item shall be onsite during the facilit operating hours or
available at a phone number provided in the facility permit.
G) Training in accordance with G.S. 130A-309.25(c)[fi^^^ ^ Division approve
tfaining ] shall be required ever f�years. [Approval
meet this r-e"ifement may be r-e"ested by the faei!4� The Division shall approve
other- tfaining in eases where the f4eilivy ean demenstfate other- tfaining is at leas
ii Persons who have achieved and maintain compost [ o erator
certification [
] by the US Composting
Council Certification Commission or equivalent shall be considered as having met
[these] the training requirements in G.S. 130A-309.25 for the permitted facility.
[Faer c[ciiities] Owners or operators shall [be-fequ�] provide annual training for facility_
staff, including a review of the operations plan and permit documents.
(c) Documentation of training required in Sub -items (a) and (b) of this Item shall be
maintained at the facility and made available to the Division upon [req ^s*, nk-,s �
appFoved by the Division.] request.
Facilities permitted before the readopted effective date of this Rule shall meet the
requirements of Sub -item (a) of this Item within three years of the readopted effective date
of this Rule. Facilities permitted after the readopted effective date of this Rule shall meet
the requirements of Sub -item (a) of this Item within 18 months of permit issuance.
4of5 31

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f
Rt to 1 407 this Seetion.
(-B)
ixx of
The the final detefmine the in Rule 14 07
Eluafit-y of praduet shall allowable uses as etAlined .
this Qeetie..
of
The final be by the Solid Waste Seetien in R�dle 1
pr-e"et shall appr-eved as etAlined .
Nen le be disposed in
(4) eempostable solid waste and unaeeeptn eempost shall a-
roftl
I
History Note: Authority G.S. 130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
Eff December 1, 1991;
RRC objection Eff. April 18, 1996 due to lack of statutory authority;
Amended Eff. June 1, 1996 1996:
Readopted Eff. November 1, 2019.
32
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15A NCAC 13B .1407 is readopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1407 CLASSIFICATION, TESTING, AND
DISTRIBUTION OF SOLID WASTE COMPOST PRODUCTS
(a) Compost shall not be applied to the !a-nd or- sold or- given away if the eeneentfa4ion of any metal exeeeds the
eoneentration in 40 CFR 502.13(b)(3) [See Table 1 below], tmiess the eeneentration of all metals are less than f
values in 40 CFR 503.13(b)(1) and meer-ds are maintained to show eomplianee with the etimulative and annual metal
A
B
Arsenic 4-�
copper 4-5W
Lead -3w
Mefeufy 4-7
Niekel 420
selefliti 36
zine 2NO
Manmade
T erts of dry-wt
of inerts Pathogen Reduction Metal Goneentratio
�-6 NA
1 of 4
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I Grade A hwve
distribefien. This be distribtite
eempest shall unlimited,
2 difeetly to the p4lie;
3
tinfestfieted pr-edeet may
(2-)
4 agfietiltwe (on non food ,.1,ai a ,ems)
5 that is
-p eets; an
Type 1 f4eility that
(}Compost of muleh pr-edtieed
6 is free fr-ofn
at a and eantains minifflal pathegenie
if�� to
that
effens�ve
7
odor-, and eontains no sharp partieles would eatise
have distributions if direetions
, shall
8
9 Solid be distfibtited
tinfestr-ieted applioations and are
.
the has test
(e) waste eempest pr-eduets ma-y not
10 data to the Division in Rule 08 this
or- marketed tintil pefmittee provided adequate
Seetion. Within 30 days the test data, the Divisie
as etitlified .14 of
11 deny the distfibiitien
of r-eeeipt of
the based the a
shall approve or- and mar-keting
12
of pr-edtiet upon eempest elassifieatien
13 to the this Rule, the Division's
to distr-ibute the be A-- .
pr-E)dueed speeifieations ef
14 The is feF
approval eeWest shall —
the North Carolina Department
(f) applieant responsible meeting any
15 A,..-;.,,,1W-o Fe ftilize,- Se„tie e g the distribution
16 if the intends te distribete the the
applieable requirements ef of
of this pr-o suet
instfuetions to the
(g) owner pr-eduet,
17
owner- shall provide user on any restrietiefis
The fellewing infei:fnatien be label
on use and reeommended safe uses and applieation
18
r-a4es. shall pr-evided en a eT
.
19 (4} ;
20 (2) n e,.,.,, mende,a , e .
21 (3.) Applieatien ate .
22 (4) Restrietions on n e .,
23
24 (a) Compost or mulch that is produced at a Type 1 at eefftains fninimal pathogenie efga-aisms,j facility,
25 is free from offensive odor, lafid4 contains no shM particles, and, for compost, has met the temperature requirements
26 in Rule .140601) of this Section shall be classified Grade A and have unrestricted application and distribution.
27 Compost analytical testing shall not be required for Type 1 compost if temperature requirements in Rule .140601) of
28 this Section have been met and documented.
29 (b) Compost produced from Type 2, 3, and 4 facilities shall be sampled and analyzed as follows:
30 (1) a composite sample of the compost produced at each compost facility shall be analyzed at intervals
31 of every 20,000 tons of compost produced or every six months, whichever comes first, for metals
32 and pathogens;
33 (2) compost samples shall be analyzed for the metals listed in 40 CFR 503.13(b)(3), except that analysis
34 for mercury shall not be required for Type 2 and 3 facilities, and analysis for arsenic and selenium
35 shall not be required for Type 2 facilities. The concentration of metals in compost offered for sale
36 or distribution to the public shall not exceed the pollutant concentration limits listed in 40 CFR
37 503.13(b)(3). 40 CFR 503.13 and 40 CFR 503.32 are incorporated by reference including
34
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subseauent amendments and editions. Conies of the Code of Federal Reeulations may be obtained
2 from the U.S. Government Publishing Office website at www.gl2o.gov at no cost;
3 (3) compost samples shall be analyzed for pathogens, either for fecal coliform or salmonella bacteria.
4 The concentration of pathogens in compost offered for sale or distribution to the public shall not
5 exceed the concentration limits listed in 40 CFR 503.32(a)(3);
6 (4) sample collection, preservation, and analysis shall assure valid and representative results. At least
7 three individual samples of equal volume shall be taken from each batch produced in separate areas
8 along the side of the batch. Each sampling point shall be sampled from a depth of two to six feet
9 into the pile from the outside surface of the pile as follows:
10 (A) metals samples shall be composited and accumulated over a six-month period or at
l l intervals of every 20,000 tons of product produced, whichever comes first; and
12 (B) pathogens samples shall be a representative composite sample of the compost and shall be
13 processed within a period of time required by the testing procedure;
14 (5) analytical testing methods shall be in accordance with the procedures of one of the following:
15 (A) EPA publication SW-846, "Test Methods for Evaluating Solid Waste: Physical/Chemical
16 Methods." This document is incorporated by reference, includingsubsequent amendments
17 and editions, and may be obtained free of chargettps://www.ppa.gov/hw-sw846;
18 the U.S. Department of Agriculture/U.S. Compost Council publication "Test Methods for
19 the Examination of Composting and Compost" (TMECC). This document is incorporated
20 by reference includingsubsequent ubsequent amendments and editions, and may be obtained for a fee
21 of Fl?we} three hundred fifty dollars ($350.00) [ at
22 https://compostingcouncil.org/tmecc/ or a copy may be reviewed free of charge at the
23 Division of Waste Management, Solid Waste Section office at 217 West Jones Street,
24 Raleigh, N.C. 27603; or
25 (C) other methods (applicable sta a..,.a..] that are approved by the err;} Division as
26 providing equivalent standards of analysis; and
27 (6) the Division may decrease or increase the parameters to be analyzed or the frequency of analysis
28 based upon monitoring data, changes in the waste stream or processing, or information regarding
29 the potential for the presence of contaminants that are not required to be analyzed in this Para rg aph.
30 (c) Compost produced from Types 2, 3, and 4 facilities that meet the requirements of Subparagraphs phs (b)(2) and (b)(3)
31 of this Rule shall be classified Grade A compost and shall have unlimited, unrestricted [distfi ierr]distribution,
32 except as otherwise determined by the Division based on analyses of parameters pursuant to Subparagraph (b)((6) of
33 this Rule.
34 (d) The facility operator shall be responsible for meeting the requirements of the North Carolina Department of
35 Auriculture and Consumer Services Plant Industry Division Seed and Fertilizer Section concerning the distribution of
36 this product.
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I History Note: Authority G.S. 130A-309.11;
2 Eff December 1, 1991;
3 RRC objection Eff. April 18, 1996 due to lack of statutory authority;
4 Amended Eff. June 1, 1996m. 1996:
5 Readopted Eff.November 1, 2019.
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15A NCAC 13B .1408 is readopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1408 METHODS FOR TESTING RECORDKEEPING AND REPORTING
REQUIREMENTS
(a) The eempest pr-eduet ffem Type 2, 3, and 4 f4eilifies shall be sampled and anab,zed as follows:
A eemposite sample of the eompost produeed at eaeh eempost f4eility shall be analyzed at intervals
of every 20,000 tons of eompost produeed or- every six months, whiehever- eames first, foF t
par-ameter-s foF eaeh Type ef faeility as designa4ed in Table 3 ef this Rule. Standard methed
equivalefA to those in Table 3 may be approved by the Division.
Par-amete Vint Faeilit� Tent Methed
all see Subpar -a r-aph (a) of this Rule
Ar-senie coo Append n
all
all
Ueadfng,4-Eg dr-y v�4. all
Niekel all
SeleniM. Type
all
Pathegens See lei B a}l See Append>�
Total N °e see—* Kjeldahl
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1
(
B.
2
(4)
3
4
.
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(5)
F-efeign maltef eentent shall be detefmined by passing a dr-ied, weighed sample of the eemp
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7
matefial remaining en the sefeen shall be visually inspeeted, and the foreign matter- that ean be
8
elear-ly idefAified shall be separ-a4ed a -ad weighed. The weight ef the sepafated foreign fnat4er- dii4ded
9
by the weigh4 efthe tetal sample shall be deteffnined and witthiplied by 100. This shall be the pereen
10
dry weight of the for-eign ma4ter een4en4�
11
U(b) Record Keeping: All €aeilily Facili owners or operators shall reeefd an maintain records for a fninimw:n E)f
12
no less than five years. Reear-ds The following records shall be available for inspection by Division personnel during
13
the facility's normal business hours and shall be sent to the Division upon request:
14
(1)
Dai4y daily operational records must be maintained, ieh ineluae, at ^ minin um, that include
15
temperature data (length of the composting period) and quantity of material processed;
16
(2)
dal analytical results on of compost testing;
17
(3)
The the quantity, t"e type, and source of waste received;
18
(4)
The the quantity and of waste processed into compost;
19
(5)
the odor mana eg ment
20
records required by Rule .140500) of this Section; and
21
(6)
The the quantity a of compost removed for use or disposal, by pfaduet elass fiea , disposal
22
and the market or permitted disposal facility.
23
(1h)(c) Annual Reporting: An annual report for the period July 1 to June 30 shall be submitted by all facility owners
24
or operators to the Division by Aagttst 1, 1996 and every by August 1 of each year s and shall contain:
25
(1)
Toe the facility name, address, and permit number;
26
(2)
The the total quantity in tons, with sludge values expressed in dry weight, and the type of waste
27
received at the facility during the year covered by the report, including tons of waste received from
28
local governments of origin;
29 (3) The total quantity in tons, with sludge vaiiies expressed in dry weight, and type ef waste pr-eeess
30 into eompost during the year- eever-ed by the report;
31 (3)(4) The the total quantity in tons awe of compost produced at the f4eility,
32 facili during the year covered by the report;
33 (4)(5) The the total quantity in tons awe of compost removed for use or disposal from the €aeility, ry
34 facilijy during the
35 year covered by the report;
36(} Mendily monthly temperature monitoring to support Rule .1406 of this Section; and
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1 (0(7-) nos„lts e f testsr-equired i Table 3 f this v„i o the results of analytical testing required by Rule
2 .1407 of this Section.
3 LcJ{d} Yearly totals of solid waste received and composted shall be reported back to the local government of origin
4 for annual recycling reporting.
5
6 History Note: Authority G.S. 130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
7 Eff. December 1, 1991;
8 RRC objection Eff. April 18, 1996 due to lack of statutory authority;
9 Amended Eff. June 1, 1996 1996:
10 Readopted E, ff. November 1, 2019.
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I 15A NCAC 1313.1409 is readopted with changes as published in 33:24 NCR 2373 as follows:
2
3 15A NCAC 13B .1409 A nnn�L OF ALTERNATIVE PROCEDURES AND PROCEDURES,
4 VERMICOMPOSTING, AND ANAEROBIC DIGESTION REQUIREMENTS
5 (a) An owner or operator of a composting €ae facili subject to the provisions of this Rtt , Section may request
6 in writing the approval of an alternative procedure for the facility or the compost that is produced. The following
7 information shall be submitted to the Solid Waste Section:
8 (1) The the specific facility for which the exception is requested;
9 (2) The the specific provisions of this Section for which the exception is requested;
10 (3) The the basis for the exception;
11 (4) The the alternate procedure or requirement for which the approval is sought and a demonstration
12 that the alternate procedure or requirement provides equivalent protection of the public health and
13 the environment; and
14 (5) A a demonstration of the effectiveness of the proposed alternate procedure.
15 The Division shall approve the request if the alternative procedure is equivalent to procedures provided in the rules of
16 this Section and is protective of the public health and the environment.
17 (b) Vermicompost Facilities. This Paragraph shall be applicable to vermicompost facilities that receive solid waste
18 as defined in G.S. 130A-290. Facilities that receive only animal manure or only municipal wastewater treatment
19 sludee. or both. shall not be subiect to this Paragraph.
20
(1) The following operations shall be exempt from the requirements of this Section:
21
(A)
backyard vermicomposting; and
22
(B)
farming operations where the vermicompost is produced from materials grown on the
23
owner's land and re -used on the owner's land.
24
Vermicompost facilities meeting the following conditions shall be exempt from the permitting
25
requirements in Rule .1405 of this Section;
26
(A)
the site receives pre- and post -consumer food waste, manure, vegetative agricultural waste,
27
yard and garden waste, untreated, unpainted, and uncontaminated wood material, source
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separated paper, or any combination thereof,
29
(BB,)
no more than 100 cubic yards of material shall be onsite at any time. This volume shall
30
include feedstock storage, processingpre-composting, and active vermicomposting, but
31
shall not include finished vermicompost;
32
(C)
outdoor areas of the site used for feedstock storage, processing, pre -composting, or
33
vermicomposting in open areas or open containers or bins shall meet the siting criteria and
34
setback requirements of Rule .1404(a)(1) through (a)(10) of this Section, except that the
35
minimum setback to the property line shall be at least 50 feet and the minimum setback to
36
residences or dwellings not owned and occupied by the owner or operator shall be at least
37
200 feet;
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(M(E) outdoor feedstock storage, processing, pre -composting, and vermicomposting operations
2 areas, that are enclosed on all sides in containers or bins shall maintain a minimum setback
3 to the property line of at least 25 feet;
4 Q(F) the site is operated to prevent the release of particulates and odors outside of the property
5 boundary, and the site does not attract vectors such as insects and rodents; f ePef tee in stle h
7 (D(G) surface water shall be diverted from the operational and storage areas. Leachate shall be
8 contained onsite and treated to meet the standards of the applicable off -site disposal
9 method;
10 LG�(14) for facilities producing vermicompost that is distributed to the public or used in public
l l areas, the owner meets the pathogen testing and record keeping requirements of Rule
12 .1407(b) and .1408(a) of this Section for a Type 3 facility; and
13 (M(4) the site operates in accordance with all applicable State or local laws, ordinances, rules,
14 regulations, or orders.
15 (3) A permit shall be required for vermicompost facilities that do not meet the conditions of
16 Subparagraphs (1) or (2) of this Paragraph. A permit application for a vermicompostin facility acility shall
17 include the information required by Rules .1404 and .1405 of this Section, except that Rules
18 .1405(9)(f) through(9)(h) of this Section do not apply. Operations or parts of operations that are
19 indoors shall be exempt from the siting requirements of Rule .1404 of this Section. Permitted
20 vermicomposting facilities shall be subject to:
21 (A) [ Rule .1406 1 through 9 14 and 06 of this Section;
22 (B) [ Rule .1407 of this Section
23 (Q [ Rule .1408 of this Section and
24 M [ Rule .1410 of this Section.
25 (c) Anaerobic Digestion Facilities. This Paragraph shall be applicable to anaerobic digestion facilities that receive
26 solid waste as defined in G.S. 130A-290. Facilities that receive only animal manure or only municipal wastewater
27 treatment sludge, or both, shall not be subject to this Para rg aph.
28 (1) A solid waste management permit shall be required for the areas of the facility that manage solid
29 waste. These areas shall include the incoming waste receiving area, the digestate handling area, and
30 the digestate final disposition and any other areas of the operation where solid waste is exposed to
31 the environment.
32 A permit application shall contain:
33 (A) the information required by Rules .1404 and .1405 of this Section, with the exception of
34 Rule .1405(9)(f) through (9)(hh)^Operations or parts of operations that are in buildings
35 enclosed on all sides shall be exempt from the siting requirements of Rule .1404 of this
36 Section; and
37 B) [detailec14 drawings of the following within the waste management areas:
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0 hoppers, bays, or vessels, and all other site -specific features related to solid waste
management activities; and
LfiJ for indoor operations, plan and profile drawings of the buildings with areas and
features labeled.
Permitted anaerobic digestion facilities shall be subject to:
[the operational re e e«t" of -]Rule .1406(1) through (9), (14), and (16) of this Section;
[the sampling and testing re «t" of ]Rule .1407 of this Section for the di estg ate;
LQ [the re«ei4ing an r-eeer-dkeepie«t" ef]Rule .1408 of this Section; and
[ ]Rule .1410 of this Section.
(b) An indivi"al fnay r-e"est in wrifing the approval of a solid waste eempesting pilot or- defnenstfa4ian pr-ajeet
the puTese of evalua4ing the feasibility of stieh a pr-ejeet. The following ifif4faa4ion shall be s4mit4ed to the Solid
Waste vrr.
C`'1 ,
(2) The " ee fie time frame f the « eet.
(4) The estimated ., «t of each t"e of waste er- bulking fnateFial to be eomposted;
The basis for funning the pilot or .le«,e«"tr.,tio « eet•
fA deseription of all testing proeedtifes to be tised;
(-7)
method of aefation;
.,
C(Ql The e eetefinal usage r disposal of the final« ,.,7 et. «
((p��lThe,1 .] isp
�
Cal An eudine ef the final Feport to be submitted to the Solid Waste Seetion upon eempletion ef the
History Note: Authority G.S. 130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
Eff December 1, 1991;
RRC objection due to lack of statutory authority Eff April 18, 1996;
Amended Eff. June 1, 1996 1996:
Readopted Eff.November 1, 2019.
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15A NCAC 13B .1410 is adopted with changes as published in 33:24 NCR 2373 as follows:
15A NCAC 13B .1410 CLOSURE REQUIREMENTS
(a) When the permitted compost facility ceases operations, the owner or operator shall meet the following conditions:
all feedstock and unfinished compost materials shall be removed from the site and taken to a
permitted solid waste facility within 180 days; Nays, unless otherwise appFeved by the Dv
finished compost materials left onsite shall comply with G.S. 130A-309.05; and
the owner or operator shall notify the Division in writing pon completion of the requirements of
Subparagraph (1) of this Paragraph.
(b) When a permitted compost facility has been closed in accordance with the requirements of Ohe Division,
Subpara rg gph (a) of this Rule, the permit shall be terminated. Future compost operations at the site shall require
submittal of a new permit application in accordance with Rule .1405 of rpufsuant4eq this Section.
HistoryNote: AuthoriUG.S.130A-294; 130A-309.03; 130A-309.11; 130A-309.29;
EEf.' November 1, 2019.
lofl
43