Overview of Virginia Solid Waste Management Regulations pertaining to Compost activities Kathryn Perszyk, Solid Waste Permit Coordinator Virginia Department.

Composting in Virginia

Overview of Virginia Solid Waste Management Regulations pertaining to Compost activities

Kathryn Perszyk, Solid Waste Permit CoordinatorVirginia Department of Environmental Quality

VA Statute & Regulations Code of Virginia

Waste Management Act, 10.1-1400

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 310-360

Permit Submission Requirements, Section 410.A.

Sewage Collection & Treatment Regulations, 9 VAC 25-790 (Design of) Compost Facilities, Section 570 Proposed Amendment to Biosolids Regulations

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.

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.

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

VSWMR Exemptions cont. Composting animal carcasses at farm of generation

GM 02-2009: 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

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)

VSWMR Exempt Yard Waste Composting

9 VAC 20-81-397

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

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

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

Solid Waste Compost FacilitiesApplicability, Siting, Design, Finished Product TestingPermit submission requirements and fees

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 20-81-310.A.

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 20-81-320

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 20-81-330.A.

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 20-81-330.A.

Finished Product TestingApplicable 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)

Organism testing, for Cat III & IV facilities (all methods) Parasites, helmith ova Bacteria pathogens, fecal

coliform or Salmonella sp. Bacteria

9 VAC 20-81-340.A.

*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

Finished Product Testing cont.

MetalsConcentration,

mg/kg dry solids

Arsenic 41

Cadmium 21

Copper 1,500

Lead 300

Mercury 17

Molybdenum 54

Nickel 420

Selenium 28

Zinc 2,800

Metals testing for facilities accepting Cat IV feedstocks

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 20-81-410.A.

Fees New Permit & Permit Modification

$390, 9 VAC 20-90-120

Annual operating fees

$1,200, but subject to annual adjustments based on the Consumer Price Index, 9 VAC 20-90-115

Questions?Kathryn Perszyk, SW Permit CoordinatorVirginia Department of Environmental Quality(703) 583-3856 [email protected]