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HomeMy WebLinkAbout3216_NewSoilVermi_closure_20220823ROY COOPER Governor ELIZABETH 5. BISER Serrerary MICHAELSCOTT Directar Via Email Corre Robinson New Soil Vermiculture LLC 314 Latta Rd Durham NC 27711 NORTH CAROLINA E'nvinpnmensai Qvahly August 23, 2022 Re: Permit closure, New Soil Vermiculture Compost Facility, Permit 3216-COMPOST-2017, Durham County Dear Mr. Robinson: The North Carolina Solid Waste Section has received your request to close the permit for the above referenced facility. The request included confirmation that the vermicompost operation meets the requirements for the permitting exemption as described in 15A NCAC 13B .1409 (b) (2). The Section agrees that the site is eligible for the permitting exemption. A guidance document for the permitting exemption is attached for your reference. Permit No. 3216-COMPOST-2017 has been closed and the facility will no longer be charged an annual permit fee. In the future, if the vermicompost operation no longer meets the (b) (2) exemption, please contact this office to apply for re -issuance of the vermicomposting permit. Documents for this facility can be viewed and downloaded from our online document database: https://edocs.deg.nc.gov/WasteManagement/Browse.aspx?id=268250&dbid=0&repo=wasteMana eg ment If you have any questions, please contact me at 919-707-8255, or by email donna.wilson@ncdenr.gov. Sincerely, Donna J. Wilson Environmental Engineer Solid Waste Section Attachment cc: Tim Davis Alloy Alexander Sherri Stanley Geof Little D Q�) North Carolina Department of Environmental Quality I Division of Waste Management NORTH cnao iNn 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 oeonjtwm0EmimmwhCo � /'f 919.707.8200 y North Carolina Department of Environmental Quality Division of Waste Management Solid Waste Section NORTH CAROLINA £nvi,on taf Quality January 27, 2020 COMPOST FACILITY VERMICOMPOST RULE GUIDANCE The North Carolina Solid Waste Section (Section) regulates composting in the State under the North Carolina Compost Rules. These rules, readopted effective November 1, 2019, include new rules that apply to vermicompost facilities. Rules specific to vermicomposting are located in 15A NCAC 13B .1409 (b) of the Compost Rules. The new rules describe vermicompost sites that are (1) exempt from the rules, (2) conditionally exempt from permitting, and (3) required to obtain a permit. This document provides guidance for the general public on navigating the new vermicomposting rules for each of these types of operations. Vermicompost Sites, Exempt - Rule .1409 (b)(1) Backyard residential vermicomposting and farming operations, as described below, are exempt from all requirements of the NC Compost Rules. Backyard Vermicomposting • Conducted on residential property by the owner or tenant; • Uses only organic wastes generated from the onsite premises*; and • Finished vermicompost is used only for non-commercial purposes (not sold to the public). Farming Operations • Uses only organic materials grown or generated on the farmer's land*; and • The finished vermicompost is used only on the farmer's land (not distributed or sold to the public). *Vermicompost bedding, such as newspaper, may be received from offsite. Vermicompost Sites, Conditionally Exempt - Rule .1409 (b)(2) Conditionally exempt vermicompost sites are not required to obtain a permit from the Section, may accept waste from offsite, and may distribute or sell the finished vermicompost. Qualifying sites must meet specific conditions defined in the rule, including limitations on size, feedstock(s), location, and operating requirements. If all conditions are met, operators are not required to notify the Section or obtain any approval from the Section for the operation. However, please note that the operation must meet all the conditions of the exemption to maintain compliance with the Section rules. This guidance is not a substitute for the applicant reviewing and understanding the applicable North Carolina Statutes and Administrative Code. Conditionally exempt sites must meet the following conditions: 1. Feedstocks that can be received are limited to the following: food waste, manure, vegetative agricultural waste, yard and garden waste, land -clearing debris, untreated and unpainted wood waste, and/or paper. 2. Volume of material onsite must not exceed 100 cubic yards at any time. This amount includes feedstock storage, processing, pre -composting, and active vermicomposting. The volume onsite does not include finished vermicompost. For reference, a bin with contents 5 feet by 5 feet, and 1 foot deep, would be about 1 cubic yard. 3. Location and Setback Requirements: a. Outdoor vermicomposting activities in open areas, open bins, or open containers: i. Must meet the requirements in Rule .1404 (a)(1) if located within the 100-year floodplain. ii. Cannot be located in a wetland. iii. Cannot be located on top of a closed disposal area, without approval of the Section. iv. Minimum setbacks required between vermicomposting activities & the following: 1. Property line - 50 feet 2. Residences not owned by the owner or operator - 200 feet 3. Wells, except monitoring wells - 100 feet 4. Streams and water bodies - 50 feet 5. Ditches and berms - 25 feet b. Outdoor vermicomposting activities using fully enclosed containers or bins on all sides must meet a setback to the property line of 25 feet. c. Indoor vermicomposting operations do not have setbacks or location restrictions. 4. Other State and local Regulations. The site must operate in accordance with any other applicable State or local laws, ordinances, and rules, including local zoning regulations. 5. Soil Pad under the Operations Area. Applies only to operations and activities that are in open areas, open containers, or open bins: a. The area must have either a soil pad with a soil texture finer than loamy sand or an impermeable pad, such as concrete or asphalt. A soil pad finer than loamy sand generally means that the soil pad contains enough clays and silt size particles to prevent quick infiltration of liquids to groundwater. NOTE: Natural soil conditions in some areas in the coastal regions are highly permeable sands with little to no fines. b. The depth to groundwater must beat least 24 inches below ground surface. 6. Surface Water and Liquids Management: a. Liquids, vermicompost process water, and contaminants cannot flow offsite and cannot enter surface water in violation of the Clean Water Act and water quality standards 15A NCAC 02B. b. Rainfall stormwater flow should be diverted away from the operational and storage areas. The site must be operated to minimize surface water run-off of liquids from the site, and ponding of liquids around the vermicompost operations. c. Soil erosion control measures must be practiced to prevent discharge of soil and waste into surface waters or wetlands. 2 NC Solid Waste Section Vermicompost Rule Guidance 7. Operation Requirements: a. The site must be operated to minimize odors at the property boundary. b. Odorous waste arriving at the site should be promptly added to the vermicompost process to prevent offsite odors. c. The site must be operated in a manner to prevent dust or other airborne particles from leaving the property, and to prevent the attraction of insects and rodents. 8. Analytical Testing. If the finished vermicompost will be distributed or sold to the public or used in public places (such as the entrance to an office building), then analytical testing is required. A sample of the finished vermicompost is required to be sent to a lab every 6 months for analysis of pathogens (either fecal coliform or salmonella) in accordance with Rule .1407 (b). A list of labs is linked on the Section's Composting webpage. 9. Recordkeeping. Testing, monitoring, and operations recordkeeping requirements must be in accordance with Rule .1408(a), including maintaining records for no less than 5 years. Vermicompost Sites, Permit Required - Rule .1409(b)(3) If a vermicompost operation cannot meet all the exemption requirements in the rules, then a permit is required. Contact the Section for application guidance. Enforcement and Compliance Conditionally exempt and permitted vermicomposting operations are subject to Section enforcement and compliance inspections. If the Section receives a complaint about a vermicompost facility, an inspection will be made to determine compliance with State Rules. If a vermicompost site fails to meet the rule requirements, then the Section may initiate enforcement action. A permit will be required for a conditionally exempt site that cannot maintain the requirements of the exemption, such as failure to minimize odors, inadequate buffers, liquids entering surface water, or presence of unacceptable feedstocks. Compost Rules The N.C. Compost Rules, 15A NCAC 13B .1400 et seq., include composting, vermicomposting, and anaerobic digestion, and can be viewed on the Section's compost webpage: http://deg.nc.gov/about/Divisions/Waste-Management/Solid-Waste-Section/Composting. Contact the Solid Waste Section If you have questions, please contact the Solid Waste Section at phone 919-707-8200. 3 NC Solid Waste Section Vermicompost Rule Guidance