Purpose of Rules Streamline rules and make the regulatory process more efficient for all, while being protective of the environment in response to: composting industry LGU, and others 3
4 B. Yard waste Compost Facility C. Solid Waste Compost Facility D. Expand Exemption to “Small Compost Site” E. Source-Separated Organic Material (SSOM) Compost Facility A. Exempt Backyard compost site PROPOSED PROPOSED EXISTING EXISTING Modified New Compost Rule Overview Minn. Stat. 35.815 and Minn. R. 1719.4000 limit MPCA’s authority regarding disposal of carcasses & commercial composting with farms.
5 D. Expand Exemption to “Small Compost Site”: Applies: Anyone that meets criteria Feedstocks: Same as backyard compost site + poultry litter generated on site (if compost produced used on site), nonrecyclable paper, and ASTM compostable materials Unacceptable materials: Fats, Oils, Grease, Meat, Dairy, animal manure, diapers, sanitary products Size restriction: does not exceed 80 cubic yards on site at any one time, including collected raw materials and compost being processed, but excluding finished compost A. Exempt Backyard compost site-…compost food scraps, garden wastes, weeds, lawn cuttings, leaves, and prunings from a single family or household, apartment building, or a single commercial office, a member of which is the owner, occupant, or lessee of the property. PROPOSED PROPOSED Modified Compost Rule Overview: Expanding exemption
6 B. Yard Waste Compost Facility Permit By Rule Feedstocks: Yard waste only as defined in 115A.03, subd. 38 C. Solid Waste Compost Facility Full permit process. Feedstocks: defined by project proposer MMSW requirements E. Source-Separated Organic Material (SSOM) Compost Facility Full Permit Process (extended permit) Feedstocks: folds in SSCM definition with exceptions; vegetative wastes generated from industrial/mfg. processes preparing food for human consumption; some compostable materials meeting specified ASTM; specific exclusions; and specific exclusions unless permit approved Bulking agents: untreated wood waste, recyclable paper, ground tree and shrub materials, and other similarly approved Unacceptable materials: Various Reporting requirements still required and will include county of origin and volume Pile height limit: 12’ Construction, location, DESIGN & operating criteria PROPOSED PROPOSED New facility category Compost Rule Overview: The new SSOM Minn. Stat. 35.815 and Minn. R. 1719.4000 limit MPCA’s authority regarding disposal of carcasses & commercial composting with farms.
Background 11/19/10, stakeholder mtg. on concept layout (webcast) 10/12/11, stakeholder mtg. at SWANA conf. Preliminary Draft #1 released Informal comments requested 02/10/12, stakeholder mtg. to clarify issues 10/19/12, Preliminary Draft #2 released and informal comments requested by 11/16/12 7
Affected Parties Residential and commercial generators of food waste, yard waste or non-recyclable paper Persons who prepare, distribute or land apply compost in Minnesota (i.e., small and large municipalities or political subdivisions and private persons) Minnesota citizens The MPCA 8
Rule Support/Opposition Support Opposition Small Compost Site Extended Permit Process Clarification of the terms contact water and storm water and their treatment Soils allowed for 5 feet to water table Five foot distance from pad to water table Not flexible enough/not stringent enough 9
Request for Comments: July 26, 2010 October 17, 2011 Dual Notice (DN) – December 2013 Final Adoption: with hearing - 6 months after DN w/o hearing - 3 months after DN 10 Timeline