1. Composting in Virginia
Overview of Virginia Solid Waste Management Regulations pertaining to Compost activities
Kathryn Perszyk, Solid Waste Permit Coordinator
Virginia Department of Environmental Quality

2. VA Statute & Regulations
Code of Virginia
Waste Management Act,
Virginia Administrative Code
Solid Waste Management Regulations, 9 VAC 20-81
Definitions, Section 10
Exclusions/Exemptions, Section 95
Exempt Yard Waste Compost Facilities, Section 397
Solid Waste Compost Facilities, Sections
Permit Submission Requirements, Section 410.A.
Sewage Collection & Treatment Regulations, 9 VAC
(Design of) Compost Facilities, Section 570
Proposed Amendment to Biosolids Regulations

3. VSWMR Definitions
Composting - manipulation of the natural process of decomposition of organic materials to increase the rate of decomposition.
Feedstocks
Category I – plant or plant-derived pre-consumer materials
Category II – animal-derived waste
Category III – animal and post-consumer food wastes with pathogen potential
Category IV - other
Vermicomposting - the controlled and managed process by which live worms convert organic residues into fertile excrement.

4. VSWMR Definitions cont.
Vegetative waste – decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, woody wastes such as shrub and tree prunings, bark, limbs, roots, and stumps.
Yard waste – a subset of vegetative waste and means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard waste shall not include roots or stumps that exceed 12 inches in diameter.

5. VSWMR Exemptions
Composting sewage sludge at treatment plant of generation w/o addition of other solid wastes
Composting of household waste at residence of generation
Composting for educational purposes, no more than 100 cy of material at any time; > 100 cy requires DEQ approval
Universities composting dining hall wastes, tie to class
Festivals with public education component
R&D projects, ex. DOT R&D assessing effectiveness of animal mortality composting

6. VSWMR Exemptions cont.
Composting animal carcasses at farm of generation
GM : On-site composting of routine animal mortality
Composting veg/yard wastes generated on site where compost generated is used on site
Composting pre-consumer food waste/kitchen culls generated on site, composted in containers
Vermicomposting of Cat I, II, III materials in containers; offsite materials > 100 cy requires DEQ approval
Composting sewage sludge w/ or w/o solid waste when permitted under VPA or VPDES permit

7. Items to consider
Broader exemption to allow composting of all on-site generated materials, maybe tied to a qty of waste
Restaurants composting all food wastes, not just pre- consumer, in enclosed containers
Industries generating organic wastes, such as spent hops from beer production
Federal bases composting various on-site wastes
Consider allowing agricultural operations and/or veg waste composters to compost poultry litter under exemption (poultry are not herbivorous)

8. VSWMR Exempt Yard Waste Composting
9 VAC

9. 1. Agricultural Operations
Accepting yard waste generated off-site, provided that:
Total time for composting and storage < 18 mo prior to field application or sale
Only yard waste is received
Total yard waste received < 6,000 cy in any consecutive 12-mo period
All applicable local ordinances/standards are satisfied
Operation poses no nuisance or potential threat to HHE
Owner submits DEQ Form YW-3

10. 2. Agricultural Operations
Accepting only yard wastes and manures from herbivorous animals generated offsite, provided that:
Composting area setbacks
300 ft setback from property boundary
1,000 ft setback from occupied dwelling
Cannot be located in designated flood plain
Operation has at least 1 ac or ground suitable to receive YW for each 150 cy of finished compost
Total time for composting and storage < 18 mo prior to field application or sale
Qty of offsite manures is limited to achieve C:N ratio of 25:1 to 40:1; manures incorporated w/in 24 hrs of receipt
Owner/Operator submits DEQ Form YW-4
Annual reporting if > 6,000 cy of waste received in any consecutive12-mo period, DEQ Form YW-2

11. 3. Owners of Property
Accepting yard waste generated offsite for purpose of producing compost, provided that:
No more than 500 cy of YW received in any consecutive 12-mo period
No compensation received for accepting YW
All applicable local ordinances/standards are satisfied
Operation poses no nuisance or potential threat to HHE

12. Solid Waste Compost Facilities
Applicability, Siting, Design, Finished Product Testing
Permit submission requirements and fees

13. Applicability
Owner/Operators of facilities producing compost from municipal solid waste/refuse or combinations thereof with animal manures
Cannot use solid waste containing hazardous waste, regulated medical waste, or nonbiodegradable waste
Types of facilities
Type A: enclosed vessel
Type B: windrow or aerated static pile method
Any compost method w/o prior operational performance in the US will require experimental permit
Category I or Category II-IV
9 VAC A.

14. Siting Requirements
Adjacent to/have direct access to paved/surfaced roads
Must be outside areas subject to base floods
No facility shall be closer than:
50 ft to it’s property boundary (100 ft buffer to composting activity);
200 ft to any residence, health care facility, school, recreational park area, or similar public institution
50 ft to any perennial stream or river
50 ft to any wetland (applies to storage of solid waste in piles)
Sites shall provide adequate room to minimize traffic
Have area and terrain to allow for proper run-on, run-off, and leachate management
No Type B facilities in geologically unstable areas or where site topography is heavily dissected
9 VAC

15. Design Requirements
Handling area and equipment to segregate and store noncompostable components; covered area for Cat II-IV
Areas for mixing, composting, curing, screening, and storing shall be graded to prevent run-on, collect run-ff, and provided w/ drainage system; hard surfaced if w/in 2ft of high water table
Where Cat IV is received, or >1,000 total tons/qtr of Cat II & III, all receiving, mixing, composting, curing, screening, and storing shall have 1 of the following:
Asphalt or concrete area draining to wastewater storage, treatment, or disposal facility
Asphalt or concrete diked or bermed area for run-on, run- off , leachate control with a sump with either gravity drain or pump system
6” lime stabilized clay/soil w/ 1x10-7 cm/sec lab permeability can be substituted for asphalt/concrete
12” compacted gravel pad underlain by 60-mil HDPE w/ leachate collection and leak detection
9 VAC A.

16. Design Requirements cont.
Engineering controls must be installed for Cat I and Type B Cat II-IV sites
Springs, seeps, and other groundwater intrusions
Gas, water, or sewage lines under active areas
Electrical transmission lines above/below active areas
Roads serving the unloading, handling, composting, and storage areas shall be usable under all weather conditions.
Cat II-IV facilities shall have:
auxiliary power, standby equip, or contingency arrangements
For uncovered sites, calculations for sizing surface water control features to be based on 1-hr rainfall intensity and 10-yr return period
9 VAC A.

17. Finished Product Testing Applicable to Cat II-IV Facilities
Amt Finished Compost (tons/365 day period)
Frequency*
< 320
1/yr
320 ≤ Amt < 1,653
1/qtr
(4/yr)
1,653 ≤ Amt < 16,535
1/60 days (6/yr)
≥ 16,535
1/mo
(12/yr)
*After 2 yrs, facility can request a reduced frequency
Compost stability (1 method only)
Temperature decline
Reheat potential using Dewar Compost Self-Heating Flask
Specific oxygen uptake
SolvitaTM Compost Maturity Test
Carbon dioxide evolution
Organism testing, for Cat III & IV facilities (all methods)
Parasites, helmith ova
Bacteria pathogens, fecal coliform or Salmonella sp. Bacteria
9 VAC A.

18. Finished Product Testing cont.
Metals testing for facilities accepting Cat IV feedstocks
Metals
Concentration, mg/kg dry solids
Arsenic 41
Cadmium 21
Copper
1,500
Lead
300
Mercury 17
Molybdenum 54
Nickel
420
Selenium 28
Zinc
2,800

19. Permitting: Permit-by-Rule
Notice of Intent
Letter w/ site and area maps
Disclosure Statement
Local Gov’t certification
Certification of siting standards
Certification of SWMP consistency
Operations Manual Certificate
Description of type of facility and feedstocks
P.E. Certificate for:
Design/Construction standards
Closure Plan standards
Demonstration of legal control
SCC Certification
Closure cost estimates / proof of FA
Public participation results
Permit fee ($390)
9 VAC A.

20. Fees New Permit & Permit Modification Annual operating fees
$390, 9 VAC
Annual operating fees
$1,200, but subject to annual adjustments based on the Consumer Price Index, 9 VAC

21. Questions? Kathryn Perszyk, SW Permit Coordinator
Virginia Department of Environmental Quality
(703)