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STATE: ALABAMA

Regulatory Agency: Alabama Department of Environmental Management Land Division
State Composting Regulations (PDF): Alabama State Regulations
State Regulations (Website): N/A
State Law/Legislation Code: ADEM Admin. Code r. 335-13-x-.xx
Chapter 335-13-14- 14-1,14-11

Permit Requirements: No person may receive, store or process solid
waste for composting without being properly permitted by the Department of Environmental Management Land Division as per Chapter 335-13-14-.04
Permit Exemptions: Facilities that receive solid waste and generate compost for use solely at their site, AND On-site composting as defined by Rule 335-13-14-.02. However, if any on-site compost is used for revenue generation, then the generator is not exempt.
Legislation Last Updated: April 3, 2012
Primary State Contact:
Scott Story, Chief
Solid Waste Engineering Section
Solid Waste Branch
Land Division
(334) 271-7764
sss@adem.state.al.us
Composting Programs: N/A
Resources: N/A

STATE: ALASKA

Regulatory Agency: Alaska Department of Environmental Conservation
State Composting Regulations (PDF): Alaska State Regulations
State Regulations (Website): N/A
State Law/Legislation Code: Title 18: Environmental Conservation, Chapter 60:
Solid Waste Management
Permit Requirements: Contact Office For More Information.
Permit Exemptions: Any treatment operation that treats less than 5 tons/day or less than 10 tons/batch is exempt unless causing or contributing to a threat to public health, safety or welfare, or the environment or the works causes/contributes to a nuisance.
Legislation Last Updated: October 29, 1998
Primary State Contact:
Rebecca Colvin, Program Coordinator
Alaska Dept. of Environmental Conservation
Solid Waste Program
555 Cordova Street
Anchorage, AK 99501
(907) 269-7802
Fax: (907) 269-7600
rebecca.colvin@alaska.gov
Composting Programs: N/A
Resources: N/A

STATE: ARIZONA

Regulatory Agency: Arizona Department of Environmental Quality
State Composting Regulations (PDF): N/A
State Regulations (Website): Arizona State Regulations
State Law/Legislation Code: Arizona Public Health Services, Title 18, Chapter 09, Article 10: consisting of Sections R18-9-1001 through R18-9-1014 and Appendix A, recodified from 18 A.A.C. 13, Article 15 at 7 A.A.R. 2522
Permit Requirements: Composting facilities shall submit a Notice to ADEQ. In addition, composting facilities may be subject to Aquifer Protection Permit (APP) requirements, if there is potential for discharge of pollutants to the groundwater.
Permit Exemptions: N/A
Legislation Last Updated: February 2, 2004
Primary State Contact:
J.B.Shaw
Recycling Coordinator
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
(602) 771-5613
Fax: (602) 771-2234
js15@azdeq.gov
OR
Mike Prigge, P.E.
Manager
ADEQ Solid Waste Plan Review Unit
1110 W. Washington St.
Phoenix, AZ 85007
(602) 771-4136
Fax: (602) 771-2234
mnp@azdeq.gov
Composting Programs: N/A
Resources: N/A

STATE: ARKANASAS

Regulatory Agency: Arkansas Department of Environmental Quality
State Composting Regulations (PDF): Arkansas Regulations PDF
State Regulations (Website): N/A
State Law/Legislation Code: Regulations of the Arkansas Pollution Control and Ecology Commission:
Regulation 22 Chapter 8: Solid Waste Management Rules adopted by EPA’s Resource and Recovery Conservation Act, Subtitle D
Permit Requirements: Composting permit applications are classified according to the type of waste authorized for composting
Permit Exemptions: Outlined in Reg.22.801(e) including the composting of less than 50 (fifty) tons or 500 (five hundred) cubic yards per year of incoming yard waste
Legislation Last Updated: March 28, 2007
Primary State Contact:
Benjamin T. Jones
Chief of the Solid Waste Division
Arkansas Dept. of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118-5317
(501) 682-0600
jonesb@adeq.state.ar.us
OR
Bryan Leamons, P.E.
Engineer Supervisor
ADEQ – Solid Waste Management Division
(501) 682-0601
leamons@adeq.state.ar.us
Composting Programs: N/A
Resources: The Composting Process

STATE: CALIFORNIA

Regulatory Agency: California Department of Resources Recycling and Recovery (CalRecycle)
State Composting Regulations (PDF): California Regulations PDF
State Regulations (Website): California Regulations
State Law/Legislation Code: California Code of Regulations: Title 14, Natural Resources–Division 7 Sections 40502, 43020, and 43021
Permit Requirements: Permit process varies based on size of facility, type of material composted, and composting process used
Permit Exemptions: N/A
Legislation Last Updated: May 5, 2010
Primary State Contact:
Ken Decio
Department of Resources Recycling and Recovery (CalRecycle)
1001 I Street
Sacramento, CA 95814
(916) 341-6313
Ken.Decio@CalRecycle.ca.gov
Composting Programs: California Composting Workgroup: http://www.waterboards.ca.gov/water_issues/programs/compost/
California’s Proposed Regulations: http://www.calrecycle.ca.gov/Laws/Rulemaking/Compost/default.htm
Resources: Organic Materials Management

STATE: COLORADO

Regulatory Agency: Colorado Department of Public Health and Environment
State Composting Regulations (PDF): Colorado Regulations PDF
State Regulations (Website): Colorado Regulations
State Law/Legislation Code: Colorado Solid Waste Regulations 6 CCR 1007-2
Permit Requirements: Anyone operating a Class I or II facility must obtain a certificate of designation
Permit Exemptions: Class III, IV and V composting facilities, (A Class III facility must submit a design and operations plan for review and approval by the Division and local governing body. A design and operations plan is not required for a Class IV or V composting facility.) And those outlined in Section 14.1.2 Exemptions
Legislation Last Updated: November 19, 2013
Primary State Contact:
Curt Stovall
Colorado Department of Public Health and Environment
Solid Waste Program
(303) 692-2295
curt.stovall@state.co.us
Composting Programs: Colorado Composting
Resources: Compost Guidance Stakeholder Meetings

STATE: CONNETICUT

Regulatory Agency: Connecticut Department of Energy and Environmental Protection
State Composting Regulations (PDF): Connecticut Regulations PDF
State Regulations (Website): Connecticut Regulations Website
State Law/Legislation Code: Chapter 446d Solid Waste Management Sec. 22a-207. (Formerly Sec. 19-524a), and Section 22a-208, Department of Energy and Environmental Protection
Public Act 10-87 http://www.ct.gov/deep/cwp/view.asp?a=2714&q=466122
Substitute House Bill No. 5055 Public Act No. 00-96 An Act Concerning Soil Amendments and Agricultural Liming Materials http://cga.ct.gov/2000/act/pa/2000PA-00096-R00HB-05055-PA.htm
Permit Requirements: Permit process varies based on size of facility, type of material composted, and composting process used. See Permitting Resources
Permit Exemptions: N/A
Legislation Last Updated: July 1, 2012
Primary State Contact:
KC Alexander
Department of Environmental Protect (DEP)
(860) 424-3365
Kathy.Alexander@ct.gov
Composting Programs: Certification & Training For Solid Waste Facility Operators
Resources: Solid Waste Management in Connecticut

STATE: DELAWARE

Regulatory Agency: Delaware Department of Natural Resources and Environmental Control
State Composting Regulations (PDF): Delaware Regulations
State Regulations (Website): Delaware Regulations
State Law/Legislation Code: Delaware Regulations : Administrative Code : Title 7 : 1000 : 1300 Sections 2-3
Permit Requirements: To obtain an approval, a person must submit a written plan of operation demonstrating to the DNREC that the composting facility owner and operators understand and will apply the principles and proper methods of composting. The plan also must demonstrate that the composting facility will be operated in a manner that will not pose a threat to human health and the environment. The plan must include a written statement explaining the intended use of the compost.
Permit Exemptions: Individual Household Composting
Legislation Last Updated: February 2, 2010
Primary State Contact:
Mindy Anthony
DNREC-Solid & Hazardous Waste Mgmt Section
89 Kings Hwy
Dover, DE 19901
(302) 739-9403
Fax: (302) 739-5060
Mindy.Anthony@state.de.us
Composting Programs: Guidelines for Yard Waste Composting Facilities
Resources: Delaware offers a competitive recycling grant and loan program. Composting assistance may be available in future grant and loan offerings. Please click here for the most up to date information: http://www.dnrec.delaware.gov/dwhs/Pages/RecyclingGrants.aspx

STATE: FLORIDA

Regulatory Agency: Florida Department of Environmental Conservation
State Composting Regulations (PDF): Florida Regulations
State Regulations (Website): Florida Regulations
State Law/Legislation Code: Rule Chapter: 62-709
Permit Requirements: Permit/ Registration process varies based on size of facility, type of material composted, and composting process used as outlined in Chapter 62-709.3
Permit Exemptions: Backyard composting, and those outlined in Chapter 62-709.305 Exemptions
Legislation Last Updated: February 15, 2010
Primary State Contact:
Michell Smith
Engineering Specialist IV
Division of Waste Management
Bureau of Solid and Hazardous Waste
Solid Waste Section, MS 4565
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
(850) 245-8721
michell.m.smith@dep.state.fl.us
Composting Programs: Composting/Organics Recycling Program Main Menu
Resources: Compost Use in Florida

STATE: GEORGIA

Regulatory Agency: Georgia Department of Natural Resources, State Parks and Historic Sites Division
State Composting Regulations (PDF): N/A
State Regulations (Website): Georgia Regulations
State Law/Legislation Code: 391-3-4-.16 Composting.
Permit Requirements: A permit may be obtained upon the approval of a design and operation plan prepared by a professional engineer registered to practice in Georgia as outlined in Chapter 391-3-4-.16(b)
Permit Exemptions: Yard trimmings composting operations
Legislation Last Updated: June 27, 1993
Primary State Contact:
Stephanie Busch
Solid Waste Management Program
4244 International Parkway
Suite 104
Atlanta, GA 30354
(404) 362.2692
Fax: (404) 362.2693
Stephanie.Busch@dnr.state.ga.us
Composting Programs: N/A
Resources: Composting At Home In Georgia

STATE: HAWAII

Regulatory Agency:
State Composting Regulations (PDF): Hawaii Regulations PDF
State Regulations (Website): Hawaii Regulations Website
State Law/Legislation Code: Hawaii Revised Statutes §342H
Permit Requirements: Solid Waste Management Permits
For more information, contact Solid and Hazardous Waste Branch at 808-586-4226
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Sue Liu
Solid and Hazardous Waste Branch
Department of Health
State of Hawaii
Ph: 808-586-4226
Fax: 808-586-75098
Email: sue.liu@doh.hawaii.gov
Composting Programs: N/A
Resources: N/A

STATE: IDAHO

Regulatory Agency:
State Composting Regulations (PDF): Idaho Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: Idaho’s Environmental Protection and Health Act, Title 39, Chapter 1 provides DEQ the authority to regulate facilities that dispose of solid waste and the supervision and administration of systems to safeguard the water quality of the state
Permit Requirements: Idaho does not issue permits. We issue site, design, operating plan and closure plan approvals. A facility owner/operator must demonstrate compliance with applicable requirements in the Solid Waste Management Rules. Idaho DEQ has statutory authority to regulate solid waste facilities however, through a Memorandum of Understand, DEQ delegates it’s authority for operating & closure to the seven health district across Idaho.Once site approval is issued, applicant can submit design and operating plan approval applications with supporting documentation. Design and operating plan approval applications may be submitted concurrently or sequentially. DEQ reviews/approves design and the local health district reviews/approves the operating plan.
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Dean Ehlert
Solid Waste Program Coordinator
Idaho Dept of Environmental Quality
208-373-0416
fax – 208-373-0154
dean.ehlert@deq.idaho.gov
Composting Programs: N/A
Resources: N/A

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STATE: ILLINOIS

Regulatory Agency:
State Composting Regulations (PDF): Illinois Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: Implementing Sections 5,21,22.3,22.35 and 39 and authorized by Section 27 of the Environmental Protection Act [ 415 ILCS 5/5, 21, 22.33, 22.34, 22.35, 27 and 39]
Permit Requirements: General Application for Permit LPC-PA1
Application for a Permit to Develop a Composting Facility LPC-PA6 Instructions
Illinois EPA does not charge a fee for processing/issuing composting permits. However the permit application must have a licensed professional engineer sign the application, this usually requires most small business to hire a consulting company to prepare the application.
. Landscape waste composting permits (35 IAC 830-832) are issued for 5 years, and may be renewed. Non-landscape waste composting permits (35 AIC 807) do not have expiration dates.
. Local Siting Review – this is a major hurdle to get a permit from Illinois EPA. If a facility meets the definition of a pollution control facility, they must undergo a local siting review. The local siting review is done by the local government; it is often prohibitively expensive for most small business ($50,000 is a very cheap local siting review, near Chicago the review can literally cost thousands of dollars).
Landscape waste composting facilities are specifically exempted from the definition of a pollution control facility (Sec 3.330(a)(6) of the Act). An exemption of food, paper, manure composting was added to the Act in 2009 (Sec 3.330(a)(19) of the Act). Basically, if a facility composts food in vessel or meets the same setback requirements of a landscape composter, they are not a pollution control facility and do not need to go through a local siting review.
Landscape waste composters (highlights)
. Have exemptions for on-farm composting and garden composting
. Have location standards (35 IAC 830.203); if a facility can not
meet the location standards, we will not issue a permit.
. Illinois EPA can permit/allow the use of additives (such as food waste) to be incorporated into the landscape waste. Typically we permit upto 10% non-landscape waste as additives, but we have gone higher. The higher percentage of additives, the closer we will look at the proposed recipe/material handling.

Organic waste composting
. Covers everything non-landscape waste
. Do not have specific regulation, 35 IAC 807 is a catch-all regulation.
. When developing non-landscape waste composting permits, permit requirements will resemble requirements for landscape waste composters (testing requirements, final compost standard, etc.) I heavily recommend that a proposed food composter (807) review our landscape waste regulations (35 AIC 830) to get an idea of what we will be looking at in the application.
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Derek Rompot
217-524-3262 (direct phone line)
derek.rompot@illinois.gov
EPA’s Bureau of Land Permit Section
Permit reviewer/environmental engineer.
Composting Programs: Enabling programs: Each County in Illinois has a county wide solid waste coordinator. Several groups in the Chicago area are looking at encouraging/expanding food waste composting.

STATE: INDIANA

Regulatory Agency:
State Composting Regulations (PDF): Indiana Regulations PDF
State Regulations (Website): N/A
State Law/Legislation Code: Statutes : Indiana Code 13-20-10
Permit Requirements: Composting vegetative matter is only a registration program. Registrations can provide alternate methods.
Permit Exemptions:
Legislation Last Updated: There is no current legislation going through. However, we are working on developing rules that will expand composting options in Indiana. It is still in a very preliminary phase
Primary State Contact:
Jamie Miller
Environmental Manager
Indiana Department of Enviornmental Management
Solid Waste Permits Section
Phone: (317) 2328731
Fax: (317) 2323403
jamiller1@idem.in.gov
Composting Programs: N/A
Resources: N/A

STATE: IOWA

Regulatory Agency:
State Composting Regulations (PDF): Iowa Regulations PDF
State Regulations (Website): Iowa Regulations Website
State Law/Legislation Code: These rules are intended to implement Iowa Code sections 455B.304 and 455D.9.
Permit Requirements: Composting Facility Permit Applications
Permit Exemptions:
Legislation Last Updated: SENATE FILE 306 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT- Introduced
Primary State Contact:
AMY M. BUCKENDAHL Environmental Specialist
Iowa Department of Natural Resources
P 515.281.8150
F 515.281.8895
amy.buckendahl@dnr.iowa.gov
Wallace State Office Bldg. 502 E 9th St.
Des Moines, IA 50319-0034
WWW.IOWADNR.GOV
Composting Programs: N/A
Resources: N/A

STATE: KANSAS

Regulatory Agency:
State Composting Regulations (PDF): Kansas Regulations PDF
State Regulations (Website): Kansas Regulations Website
State Law/Legislation Code: N/A
Permit Requirements: SWP110 – Permit Application for a Composting Facility
SWP170 – Modification to Add Composting to an Existing Solid Waste Facility
SWP165 – Registration for the Operation of a Composting Site Under One-Half Acre in Size
Permit Exemptions:
Legislation Last Updated: N/A
Primary State Contact:
Ken Powell
Environmental Scientist
Kansas Department of Health and Environment
Bureau of Waste Management
Solid Waste Permits Section
SW Processing and Planning Facilities Unit
1000 SW Jackson, Suite 320
Topeka, KS 66612-1366
Phone 785-296-1121
Fax 785-296-1592
E-mail kpowell@kdheks.gov
Web www.kdheks.gov/waste
Composting Programs: N/A
Resources: N/A

STATE: KENTUCKY

Regulatory Agency:
State Composting Regulations (PDF): Kentucky Regulations PDF
State Regulations (Website): Kentucky Regulations Website
State Law/Legislation Code: STATUTORY AUTHORITY: KRS 224: 10-100
Permit Requirements: Solid waste composting facilities must register with the Division of Waste
Management by completing and submitting form DEP 7059A, Registered Permit-by-Rule for a Solid Waste Composting Facility. At least two weeks before the completed application is submitted to the Division, the applicant must publish a notice in a daily or weekly newspaper of general circulation where the proposed facility is to be located. Once the application is received, the registration becomes effective in five business days unless it is denied. If the registration is not denied in five business days, the facility can legally operate before receiving written approval from the Division. However, if the registrant chooses to begin operation at this time, the operation must comply with the Environmental Performance Standards set forth in 401 KAR 30:031. There are no permitting fees for this type of registration.

Special waste composting facilities must obtain a full operating permit. The facility must apply for the permit in two phases: the first phase is to complete and submit Form DEP 7021A (Notice of Intent to Apply for a Landfarming or Composting Permit); the second phase is to complete and submit form DEP 7094D (Application for a Special Waste
Composting Facility Permit) and form DEP 7094J (Past Performance Information).
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact: Not represented
Permitting State Contact: N/A
Composting Programs: N/A
Resources: N/A

STATE: LOUISIANA

Regulatory Agency:
State Composting Regulations (PDF): Lousiana Regulations PDF
State Regulations (Website): Louisana Regulations Website
State Law/Legislation Code: Code of Federal Regulations (access to federal regulations that are incorporated by reference in the ERC)
Permit Requirements: GUIDANCE for Louisiana Solid Waste Permit Application Composting Addendum
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Ms. Evita Lagard
evita.lagard@la.gov
Environmental Scientist Senior
Phone: 225-219-3388
Composting Programs: N/A
Resources: N/A

STATE: MAINE

Regulatory Agency:
State Composting Regulations (PDF): N/A
State Regulations (Website): http://www.maine.gov/dep/waste/residuals/index.html#ru
State Law/Legislation Code: Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. §§ 1301 to 1391-Y.
Permit Requirements: Composting Facilities and Application Fees
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Carla J. Hopkins, Environmental Specialist IV
Division of Solid Waste Management
Bureau of Remediation and Waste Management
Maine Department of Environmental Protection
#17 State House Station
Augusta, ME 04333-0017
(207) 215-3314
Composting Programs: Maine Compost School
Resources: N/A

STATE: MARYLAND

Regulatory Agency:
State Composting Regulations (PDF): Maryland Regulations PDF
State Regulations (Website): Maryland Regulations Website
State Law/Legislation Code: Environment Article, §§ 9-101 and 9-1701 (definitions); Title 9, Subtitle 2, Part 2; and Title 9, Subtitle 17, Part 3, Annotated Code of Maryland. Agriculture Article, § 6-221, Annotated Code of Maryland
Permit Requirements: Commercial mulching and composting of natural wood waste requires a natural wood waste recycling facility permit. Composting of sewage sludge requires a sewage sludge utilization permit. Composting of other materials may require a refuse disposal permit for a processing facility. Currently, this depends on the nature of the feedstocks and the composting process. Please see MDE’s guidance on composting facility permitting here: http://www.mde.maryland.gov/programs/Land/RecyclingandOperationsprogram/CountyCoordinatorResources/Documents/Combined%20Compost%20Summary%20Fact%20Sheet%202-3-12%20%20Final%20as%20posted.pdf . Note that 2013 legislation requires MDE to establish separate composting regulations under the recycling law, so this permitting system is subject to change in the future.
Permit Exemptions:
Legislation Last Updated: HB 1440 (Ch. 686 Laws of Maryland): Currently in the process of changing regulations on composting.
Primary State Contact:
Hilary Miller
Waste Diversion and Utilization Program
Maryland Department of the Environment
1800 Washington Blvd
Baltimore, MD 21230
hilary.miller@maryland.gov
410-537-3431
Permitting State Contact:
Edward M. Dexter, P.G.,
Solid Waste Program
Maryland Department of the Environment
1800 Washington Blvd
Baltimore, MD 21230
ed.dexter@maryland.gov
(410) 537-3315
Composting Programs: MD Department of the Environment- Composting Workgroups
Resources: N/A

STATE: MASSACHUSETTS

Regulatory Agency:
State Composting Regulations (PDF): Massachusetts Regulations PDF
State Regulations (Website): Massachusetts Regulations Website
State Law/Legislation Code: Pursuant to M.G.L. c. 21A, §§ 2 and 8, c. 21H, § 7, and c. 111, §§ 150A and 150A½,
Permit Requirements: 310 CMR 16.04, 16.05, 16.06: Permit for Recycling, Composting and Conversion (RCC) Operations
310 CMR 16.30: Application Fees

Permit Exemptions:
Legislation Last Updated: Response to Public Comments on Draft Regulations:
· 310 CMR 16.00: Site Assignment for Solid Waste Management Facilities
· 310 CMR 19.000: Solid Waste Management Facility Regulations
· 314 CMR 12.00: Operation, Maintenance, and Pre-Treatment Standards (Wastewater)
Primary State Contact:
Sumner Martinson, sumner.martinson@state.ma.us
Department of Environmental Protection
1 Winter St.
Boston, MA 02108
Composting Programs: Organics Subcommittee
Activities and Other StakeHolder Groups

STATE: MICHIGAN

Regulatory Agency:
State Composting Regulations (PDF): Michigan Regulations PDF
State Regulations (Website): Michigan Regulations Website
State Law/Legislation Code: Act 212 of 2007 (amends Part 115, Solid Waste Management, 1994 PA 451) : http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2007-PA-0212.pdf
Permit Requirements: Composting Registration
Permit Exemptions:
Legislation Last Updated: Senate Bill
SB 0314 of 2013:
Environmental protection; landfills; acceptance of yard waste; authorize for facilities with methane capture and allow delivery of yard waste to such facilities. Amends secs. 11507a & 11514 of 1994 PA 451 (MCL 324.11507a & 324.11514) & adds sec. 11512b. :
House Bill
HB 4569 of 2013
Environmental protection; landfills; acceptance of yard waste; authorize for facilities with methane capture and allow delivery of yard waste to such facilities. Amends secs. 11507a & 11514 of 1994 PA 451 (MCL 324.11507a & 324.11514) & adds sec. 11512b.
Primary State Contact:
Matt Flechter
Recycling and Composting Specialist
Michigan Department of Environmental Quality
flechterm@michigan.gov
517-373-8422
Composting Programs: N/A
Resources: N/A

STATE: MINNESOTA

Regulatory Agency:
State Composting Regulations (PDF): Minnesota Regulations PDF
State Regulations (Website): Minnesota Regulations Website
State Law/Legislation Code: Statutory Authority: MS s 116.07
Permit Requirements: Minnesota Compost Permit Application, Fees
An individual permit or a certificate of coverage under a general permit is required for the operation of a composting facility. The individual permit or certificate of coverage under any applicable general permit must be issued prior to the receipt of any waste.
An applicant for a new composting facility shall complete a notification of intent for coverage under any applicable general permit or an application for an individual permit on forms provided by the Department.
http://www.pca.state.mn.us/index.php/waste/waste-and-cleanup/waste-management/commercial-composting/compost.html
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Tim Farnan
Minnesota Pollution Control Agency
520 Lafayette Road North
St Paul, MN 55155
651.757.2348
Timothy.farnan@state.mn.us
Composting Programs: N/A
Resources: N/A

STATE: MISSISSIPPI

Regulatory Agency:
State Composting Regulations (PDF): Mississippi Regulations PDF
State Regulations (Website): Mississippi Regulations Website
State Law/Legislation Code: Statutory authority for these regulations includes Sections 17-17-27, 17-17-213, 17-17-229, 17-17-231, 21-27-207, and 49-17-17, Mississippi Code Annotated.
Permit Requirements: Pilot Composting Program
Legislation Last Updated: MDEQ Solid Waste Management Programs is in the process of revising the above referenced regulations including Section IX. The Department is in the very early stages of these revisions. The Department’s goal is to revise in a manner which streamlines the permitting process for composting facilities making this process less cumbersome. MDEQ hopes that these efforts will encourage the growth of the composting industry in the state. During this revision process, interested persons may request approval from MDEQ to operate under the agency’s interim Pilot Composting Program. This program was designed to allow new, start-up composting facility operators ample time to locate feedstock sources, develop a successful compost recipe, and determine the viability of the facility, while implementing siting and management practices that protect human health and the environment. Under this program composting facilities may operate with a letter of authorization issued by the Department in lieu of a formal permit.

After the formal revisions to our State composting regulations are finalized, each composting facility operating under pilot project status will be evaluated and the need for a more formal permit from MDEQ will be determined at that time. In order to apply for authorization as a pilot composting facility, interested parties may access the Guidance for Pilot Composting Facility Operations (given above). This document provides guidance for composting facility planning and operation, and instructions on how to apply for authorization to operate a composting facility as a pilot project.

During this revision process, interested persons may request approval from MDEQ to operate under the agency’s interim Pilot Composting Program.
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Jennifer Milner
Jennifer_Milner@deq.state.ms.us
Solid Waste Policy, Planning & Grants Branch
Mississippi Department of Environmental Quality
P.O. Box 2261
Composting Programs: MDEQ staff. Once staff has agreed upon the revisions, the new regulations will be made available for public comment before they are made permanent.

STATE: MISSOURI

Regulatory Agency:
State Composting Regulations (PDF): Missouri Regulations PDF
State Regulations (Website): Missouri Regulations Website
State Law/Legislation Code: Missouri Statutes
•Federal Clean Water Act
•Missouri Clean Water Law – 640
•Missouri Clean Water Law – 644
Permit Requirements:
Solid Waste Permits: Facilities that compost a source-separated material do not require a solid waste permit provided they do not create pollution, cause a public nuisance or adversely affect public health. Permits under the Missouri Clean Water Law, Chapter 644, RSMo, and regulations 10 CSR 20 chapter six, may be required for centralized yard waste composting operations. The fee for this permit is $150. Yardwaste composting sites five acres or larger require a construction permit and individual (site -specific) operating permit. The fees for these permits are $500 for the construction permit and $1,500 per year for the operating permit. An individual (site-specific) permit will be required if sewage sludge, agricultural wastes or other solid wastes are intended to be composted at the site, regardless of the size of the site. One possible exception is if the compost contains less that five percent sludge or animal wastes and is less than two acres.
http://www.dnr.mo.gov/pubs/pub927.pdf
Permit Requirements: http://www.dnr.mo.gov/forms/index.html#SolidWaste
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
J. P. Boessen
Solid Waste Management Program
Missouri Department of Natural Resources’
573-526-3842.
Composting Programs: N/A
Resources: N/A

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STATE: MONTANA

Regulatory Agency:
State Composting Regulations (PDF): New compost rules expected by fall 2013
State Regulations (Website): Montana Regulations Website
State Law/Legislation Code: 75-10-115, 75-10-221, MCA; IMP, 75-10-115, 75-10-221, MCA; NEW, 1992 MAR p. 1377
Permit Requirements: Montana Permit for Composting Facility
Permit Exemptions:
Legislation Last Updated: The Solid Waste Program has drafted separate rules for composting in Montana, however the rules are still in review. These rules address composting in detail, and include testing requirements.
Primary State Contact:
Kathy O’Hern
Department of Environmental Quality
406-444-9879
kohern@mt.gov
Composting Programs: N/A
Resources: N/A

STATE: NEBRASKA

Regulatory Agency:
State Composting Regulations (PDF): Nebraska Regulations PDF
State Regulations (Website): Nebraska Regulations Website
State Law/Legislation Code: Neb. Rev. Stat. §§13-2034; 13-2036; 81-1504 (1), (2), (7), (11)-(13), (20); 181505; 81-1528 (7)
Permit Requirements: Application for Compost Permit
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Nebraska Department of Environmental Quality
1200 “N” Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186
(402) 471-2186 FREE
Composting Programs: N/A
Resources: N/A

STATE: NEVADA

Regulatory Agency:
State Composting Regulations (PDF): Nevada Regulations PDF
State Regulations (Website): Nevada Regulations Website
State Law/Legislation Code: NEVADA REVISED STATUTES 444.560
Permit Requirements: Guidelines to submit a compost plant application
http://ndep.nv.gov/bwm/Docs/compost_application_guidance.pdf
Permit Exemptions:
Legislation Last Updated: The grinding and composting of yard trimmings and land-clearing debris is regulated under R. 61-107.4 Yard Trash and Land-clearing Debris; and Compost.Staff is working to amend this regulation to broaden the scope of organic feedstocks that may be composted.
Primary State Contact:
Woody Barnes
Regulations Development
South Carolina Health and Environment
Bureau of Land & Waste Management
desk: (803) 896-4284
fax: (803) 896-4001
Permitting State Contact:
BLWM
Patrick Brownson
brownspd@dhec.sc.gov
Composting Programs: N/A
Resources: N/A

STATE: NEW HAMPSHIRE

Regulatory Agency:
State Composting Regulations (PDF): New Hampshire Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code:
NH Solid Waste Statue RSA-149-M
The Solid Waste Rules Statue,: Env-Sw 100-2100 with Env-Sw 600 the Chapter on Composting
Permit Requirements: The applicant for a composting facility permit shall prepare the application in accordance with:
(a) Env-Sw 314 for a standard permit;
(b) Env-Sw 312 for a research and development permit; and
(c) Env-Sw 311 for a permit-by-notification.
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Douglas Kemp
NH Dept. of Environmental Services, Waste Management Division, Solid Waste Management Bureau.
ph# 603-271-0674 [desk] or 603-217-2925 [Bureau] or by fax. 603-271-2456
Composting Programs: N/A
Resources: N/A

STATE: NEW JERSEY

Regulatory Agency:
State Composting Regulations (PDF): New Jersey Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: New Jersey Mandatory Statewide Source Separation and Recycling of Solid Waste Act, N.J.S.A. 13:1E-99.11 et seq.
Permit Requirements: see N.J.A.C. 7:26-6.10 and then N.J.A.C. 7:26A-3.1.
In NJ, the owner/operator of a proposed facility would receive a general approval to operate a Class C recycling center from our Program and not a permit.
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Ross M. Hull, Environmental Specialist 3
New Jersey Department of Environmental Protection
Solid & Hazardous Waste Management Program
Bureau of Recycling & Planning
Mail Code 401-02C; 401 East State Street; P.O. Box 420; Trenton, NJ 08625-0420
(609) 984-5936
Ross.Hull@dep.state.nj.us
Composting Programs: N/A
Resources: N/A

STATE: NEW MEXICO

Regulatory Agency:
State Composting Regulations (PDF):
New Mexico Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: STATUTORY AUTHORITY. NMSA 1978, Sections 74-1-1 to 74-1-15, NMSA 1978, Sections 74-9-1 to
74-9-43, and NMSA 1978 Sections 74-13-1 to 74-13-20.
Permit Requirements: Registration Form:
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact: not represented
Permitting State Contact: N/A
Composting Programs: N/A
Resources: N/A

STATE: NEW YORK

Regulatory Agency:
State Composting Regulations (PDF):
New York Regulations PDF
State Regulations (Website): New York Regulations Website
State Law/Legislation Code: Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107
Permit Requirements: 360-5.5 Organic Waste Processing Facilities For Biosolids, Mixed Solid Waste, Septage And Other Sludges
360-5.6 Source-separated Organic Waste Composting Facilities

360-5.7 Yard Waste Composting Facilities
There is no cost to apply. It is a simple form, and an engineering report must be included that includes all the items specified in the regulations. The procedure for reviewing permits (timeframes, etc.) is found in http://www.dec.ny.gov/regs/4486.html
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Sally Rowland, Ph.D., P.E.
Chief,
Organic Recycling and Beneficial Use Section
625 Broadway, Albany, New York 12233-7253
sjrowlan@gw.dec.state.ny.us
518 402-8678
Composting Programs: N/A
Resources: N/A

STATE: NORTH CAROLINA

Regulatory Agency:
State Composting Regulations (PDF): North Carolina Regulations PDF
State Regulations (Website): North Carolina Regulations Website
State Law/Legislation Code: Authority G.S. 130A-294; 130A-309.03; 130A‑309.11; 130A-309.29;
Permit Requirements: Permit Process http://www.ncdenr.gov/web/deao/permit-directory/
The process is explained in our .1400 rules, they first have to submit an application, have a suitable site, pay a fee if the proposed composting facility is considered large as defined in our .1400 rules.
http://portal.ncdenr.org/c/document_library/get_file?uuid=392d4769-06a2-4b75-b69b-41963b625ce4&groupId=38361
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
M.A. (Tony) Gallagher, Supervisor
Composting & Land Application Branch
Solid Waste Section
phone/fax (919)707-8280
E-mail address – tony.gallagher@ncdenr.gov
Composting Programs: N/A
Resources: N/A

STATE: NORTH DAKOTA

Regulatory Agency:
State Composting Regulations (PDF): North Dakota Regulations PDF
State Regulations (Website): North Dakota Regulations Website
State Law/Legislation Code: North Dakota Century Code (NDCC) Chapter 23-29
Permit Requirements: Compost Facility Guide Requirements:
Solid Waste Management Permit Required
Permits by Rule
Permit Compliance
Record of Notice
Property Rights
Permit Modification, Suspension, or Revocation
Renewal of Permit
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact: not represented
Permitting State Contact: N/A
Composting Programs: N/A
Resources: N/A

STATE: OHIO

Regulatory Agency:
State Composting Regulations (PDF): Ohio Regulations PDF
State Regulations (Website): Ohio Regulations Website
State Law/Legislation Code: Statutory Authority: 3734.02, 3734.028, 3734.12
Permit Requirements: The solid waste composting program requires or specifies that a composting facility obtains a registration, license, and/or permit as applicable, according to the classification of the facility. Other requirements established by the program include: what types of wastes can be composted, operational requirements of the facility, and testing requirements for the finished product prior to distribution. Wastes which may be acceptable for composting are categorized as feed stocks types, bulking agents or additives.
Ohio Permit Guidance Documents: http://www.epa.ohio.gov/dmwm/Home/Composting.aspx
Permit Exemptions:
Legislation Last Updated: The rules were recently amended in April 2012 for the 5-year review required by law, and the agency has not yet begun the next review period
Primary State Contact:
Angel Arroyo-Rodríguez
Environmental Planner & Sustainability Coordinator
Materials Recovery & Solid Waste Planning Section
Division of Materials and Waste Management, Ohio EPA
50 West Town Street, Suite 700
P.O. Box 1049
Columbus, Ohio 43216-1049 Direct (614)728-5336 · Fax (614)728-5315
angel.arroyo-rodriguez@epa.ohio.gov
Permitting State Contact:
Barry Chapman
Environmental Specialist
Compliance & Inspector Support Unit
Division of Materials and Waste Management, Ohio EPA
50 West Town Street, Suite 700
P.O. Box 1049
Columbus, Ohio 43216-1049 Direct (614)728-5344 • Fax (614)728-5315
Barry.chapman@epa.ohio.gov
Composting Programs:
Organics Recycling Association of Ohio
Resources: N/A

STATE: OKLAHOMA

Regulatory Agency:
State Composting Regulations (PDF): Oklahoma Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: Codification through the 2008 legislative session.
Subchapter 19; Appendix C:
Board adoption – November 15, 2007
Gubernatorial approval – December 27, 2007
Legislative approval and final adoption – March 27, 2008
Effective date – July 1, 2008
Permit Requirements: APPLICATION FOR INDIVIDUAL PERMIT TO OPERATE
AN AGRICULTURAL COMPOST FACILITY :
http://www.oda.state.ok.us/aems/compostapp.pdf
Permit Exemptions:
Legislation Last Updated: DEQ is evaluating proposing changes based on the model produced by the Compost Council.
Primary State Contact:
Fenton Rood
Fenton.Rood@deq.ok.gov
Composting Programs: N/A
Resources: N/A

STATE: OREGON

Regulatory Agency:
State Composting Regulations (PDF): N/A
State Regulations (Website): Oregon Regulations Website
State Law/Legislation Code: 14 Stat. Auth.: ORS 459.005 – ORS 459.418 15 Stats. Implemented: ORS 459.005 & ORS 459.015
Permit Requirements: Permit Requirements
Permit Exemptions:
Legislation Last Updated: N/A
Primary State Contact:
Bob Barrows Waste Policy Analyst
Dept. of Environmental Quality
165 E. 7th Ave., Eugene, OR 97401 | barrows.bob@deq.state.or.us
541.687.7354 | 800.844.8467 x7354 (in Oregon only)
Composting Programs: N/A
Resources: N/A

STATE: PENNSYLVANIA

Regulatory Agency:
State Composting Regulations (PDF): Pennsylvania Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003);
Permit Requirements: Listing of General Permits: • Permit-by-Rule – Yard Waste Composting Facilities less than five acres
o Municipal Waste Permit-by-Rule Regulations Chapter 271.103
o Guidelines for Yard Waste Composting Facilities 254-5403-100 (eLibrary) –> http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-72565/254-5403-100.pdf
• General Permit WMGM030 –>http://files.dep.state.pa.us/Waste/Bureau%20of%20Waste%20Management/WasteMgtPortalFiles/SolidWaste/Municipal_Waste/GP/WMGM030.pdf- Yard Waste Composting Facilities between five acres and 15 acres
• Best Management Practices for the Management of Waste from Land Clearing, Grubbing, and Excavation 254-5400-001 (eLibrary)
• Permitting Exemptions
o Agricultural waste used as part of normal farming operations. See 287.101 for details.
o Best Practices for Environmental Protection in the Mushroom Farm Community 254-5401-001 (eLibrary)
o Food waste used as part of normal farming operations. See 287.101 for details.
o The Food Processing Residual Management Manual 254-5400-100 (eLibrary) –> http://www.elibrary.dep.state.pa.us/dsweb/View/Collection-8342
o General Permit WMGM017 (PDF) – On-Farm Source Separated Composting
• Municipal Waste General Permit Forms –< http://www.portal.state.pa.us/portal/server.pt?open=514&objID=589661&mode=2
o General Permit WMGM015 –> http://files.dep.state.pa.us/Waste/Bureau%20of%20Waste%20Management/WasteMgtPortalFiles/SolidWaste/Municipal_Waste/GP/WMGM015.pdf – Processing and beneficial use of wood and timber waste (i.e., tree stumps, limbs, clean wood, untreated and unpainted wood and pallets) and the leaf and yard waste as mulch and compost.
o General Permit WMGM017–>http://files.dep.state.pa.us/Waste/Bureau%20of%20Waste%20Management/WasteMgtPortalFiles/SolidWaste/Municipal_Waste/GP/WMGM017.pdf- On-Farm composting of manure, yard waste, source separated food scraps from food markets, grocery stores, food banks, food distribution centers, school cafeterias and institutions, source-separated newspaper, and source-separated corrugated paper (cardboard).
o General Permit WMGM030–> http://files.dep.state.pa.us/Waste/Bureau%20of%20Waste%20Management/WasteMgtPortalFiles/SolidWaste/Municipal_Waste/GP/WMGM030.pdf – Yard Waste Composting Facilities between five acres and 15 acres
o General Permit WMGM042 http://files.dep.state.pa.us/Waste/Bureau%20of%20Waste%20Management/WasteMgtPortalFiles/SolidWaste/Municipal_Waste/GP/WMGM042.pdf - Anaerobic digestion of animal manure on a farm mixed with (i) grease trap waste (collected from restaurants or grocery stores) and (ii) pre-consumer and post-consumer food waste from commercial or institutional establishments.
o General Permit WMGM045 http://files.dep.state.pa.us/Waste/Bureau%20of%20Waste%20Management/WasteMgtPortalFiles/SolidWaste/Municipal_Wast/GP/WMGM045%20-%20Issued%20-%20FCS%20Partners%20LLC.pdf – Processing and beneficial use activities performed by facilities that, at any one time, do not exceed (i) 5 acres and (ii) 6,000 cubic yards per acre of wastes as follows: 1. Processing by mixing or blending, screening and composting of (a) source separated food processing waste, (b) source separated pre-and-post consumer food wastes, (c) yard waste, (d) unpainted and untreated wood waste, (e) source segregated paper and cardboard, (f) land clearing and grubbing waste, and (g) agricultural waste on an active or abandoned mine site approved by the Department as part of a mine reclamation permit or project. 2. Beneficial use of the cured compost as (a) a soil additive, (b) a mulch for landscaping purposes, (c) a fertilizer in normal farming operations or mine reclamation activities, or (d) in the production of a manufactured topsoil.
o General Permits Issued for Soil Amendments –> http://www.portal.state.pa.us/portal/server.pt/community/beneficial_use/14094/general_permits_issued_for_soil_amendments/589677
• Residual Waste General Permit Forms –> http://www.portal.state.pa.us/portal/server.pt/community/permitting2/14095/residual_waste_general_permits/589686
o General Permit – WMGR02–> http://www.portal.state.pa.us/portal/server.pt/community/permitting2/14095/residual_waste_general_permits/589686 Composting and beneficial use of the following source-separated wastes: agricultural waste other than mortalities, butcher waste other than whole carcass, food processing waste, pre-consumer and post-consumer food residuals, yard waste, land clearing and grubbing material, untreated wood waste, gypsum wallboard, paper, cardboard, waxed cardboard, virgin paper mill sludge and spent mushroom substrate.
o General Permit – http://www.portal.state.pa.us/portal/server.pt/community/permitting2/14095/residual_waste_general_permits/589686- Transfer and/or composting of spent mushroom substrate (SMS).
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Scott Walters
Division of Municipal and Residual Waste
Pennsylvania Dept. of Environmental Protection
Rachel Carson State Office Building 14th Floor P.O. Box 8472
Harrisburg, PA 17105-8472
717-787-7381
fax: 717-787-1904
E-mail: scwalters@state.pa.us
Permitting State Contact:
Jeff Olsen
(717) 787-7381
jolsen@pa.gov
Composting Programs: Pennsylvania Resource Council
Resources: N/A

STATE: RHODE ISLAND

Regulatory Agency:
State Composting Regulations (PDF): Rhode Island Regulations PDF
State Regulations (Website): Rhode Island Regulations Website
State Law/Legislation Code: Chapters2-1, 2-22, 2-23, 5-51, 23-18.8, 23-18.9, 23-19, 23-19.1, 23-23, 23-63, 37-15.1, 42-17.1, 42-17.6, 42-35, 44-27, and 46-12 of the General Laws of Rhode Island of 1956, as amended
Permit Requirements: submittal to DEM of the following:
(A) Initial Investigation Plans, per 8.1.03;
(B) Facility background information, per 8.1.04;
(C) Facility operating plan, per 8.1.05;
(D) Additional information, per 8.1.06.
the details required in the application process for the registration approval (for leaf and yard waste composting facilities and putrescible waste composting facilities) is outlined in Rule Rule 8.1, 8.3, of our regulations, respectively and the details required in the application proccess for the license approval (for mixed solid waste composting facilities) is outlined in Rule 8.5 of our regulations. Also there is no application fee for leaf and yard waste composting, a $1000 application fee for putrescible waste composting, and a $10,000 application fee for mixed solid waste composting.
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Chris Shafer
Department of Environmental Management Office
Waste Management
235 Promenade Street
Providence, RI 02908
(401) 222-2797
email: christopher.shafer@dem.ri.gov
Composting Programs: N/A
Resources: N/A

STATE: SOUTH CAROLINA

Regulatory Agency:
State Composting Regulations (PDF): South Carolina Regulations PDF
State Regulations (Website): South Carolina Regulations Website
State Law/Legislation Code: Statutory Authority: 1976 Code
Sections 44-96-190 and 44-96-380 (1991)
Permit Requirements: South Carolina DHEC Bureau of Land & Waste Management permitting information
http://www.scdhec.gov/environment/lwm/permitting.htm
http://www.scdhec.gov/environment/water/wpcpage.htm
Permit Exemptions:
Legislation Last Updated: Trying to expand the scope to include food waste and other organics by amending the regulation but haven’t been able to get anything through the legislature after several attempts to draft a suitable amendment. Currently under a Notice of Drafting
but are running out of time in this legislative cycle and still have much to resolve. Staff is working to amend this regulation to broaden the scope of organic feedstocks that may be composted.
Primary State Contact:
Woody Barnes
Regulations Development
South Carolina Health and Environment
Bureau of Land & Waste Management
desk: (803) 896-4284
fax: (803) 896-4001
Permitting State Contact:
Joan F. Litton
Manager of Solid Waste Permitting
803-896-4210
LITTONJF@dhec.sc.gov
Composting Programs: N/A
Resources: N/A

STATE: SOUTH DAKOTA

Regulatory Agency:
State Composting Regulations (PDF): South Dakota Regulations PDF
State Regulations (Website): South Dakota Regulations Website
State Law/Legislation Code: SDCL 34A-6
http://legis.state.sd.us/statutes/index.aspx
Permit Requirements: Links to Permits
http://denr.sd.gov/des/wm/sw/swgenpermits.aspx
http://denr.sd.gov/des/wm/sw/swappforms.aspx
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Jim Wendte, P.E.
SD DENR – Waste Management Program
523 East Capitol
Pierre, SD 57501-3182
Phone: 605.773.3153
Composting Programs: N/A
Resources: N/A

STATE: TEXAS

Regulatory Agency:
State Composting Regulations (PDF): Texas Regulations PDF
State Regulations (Website): Texas Regulations Website
State Law/Legislation Code: Texas Legislature under the Administrative Code Act (Government Code, §§2002.051-2002.056).
Permit Requirements: 4 compost authorization tiers; from the lowest to the highest level they are; exempt notice of intent, adjacent landowner notice of intent, registration, and permit.
permitted authorizations, the process for obtaining a permit is lengthy and more complex than the other tiers. Here are a few sources for how to obtain a permit;
• The rules that compost permit operators must address are in applicable portions of Chapter 330 and Chapter 332.
• A checklist is available for compost applicants. Please contact Mario Perez at 512-239-6681 or via email to obtain a copy.
• The following TCEQ websites provide information regarding Type V Compost facilities:
This website contains procedures for obtaining permits and registrations. Scroll down to “All Facilities,” to download the TCEQ Core Data Form (TCEQ-10400) and the Part 1 Application Form (TCEQ-0650). Additionally, Compost Form No. 2 and 3 Consolidated
http://www.tceq.state.tx.us/permitting/waste_permits/msw_permits/perm_reg_mod.html
http://www.tceq.state.tx.us/assets/public/permitting/forms/0653.pdf
• This website has a TCEQ guidance for financial assurance;
http://www.tceq.state.tx.us/assets/public/permitting/waste/msw/msw_5costestimate.pdf
Permit Exemptions:
Legislation Last Updated: Texas House of Representative’s House Bill (HB-7)
There is a brief part of the Bill that affects the production of compost and not the process or operation of compost facilities. The Bill is related to collecting fees at landfills and the portion of those fees that are designated to the State presently. Currently, a landfill is allowed a reduction in the percentage of those fees that are passed on to the State from their gate “tipping fees”; if they divert compost materials and produce a compost product for beneficial use. The bill would add mulching activities to also help landfills reduce the amount of fees paid to the State if materials are diverted from disposal and mulched for beneficial use. Since mulching is not equivalent to compost we don’t know how this will impact compost production but the anticipation is that it may reduce compost production. So again, the Bill is does not impact the regulation of compost operations, processing, etc. But it was worth mentioning.
Primary State Contact:
Mario A. Pérez, Project Manager
Municipal Solid Waste Section Waste Permits Division
(512) 239-6681
Texas Commission on Environmental Quality
P.O. Box 13087, MC-126
Austin, Texas 78711-3087
Composting Programs: N/A
Resources: N/A

STATE: TENNESSEE

Regulatory Agency:
State Composting Regulations (PDF): Tennessee Regulations PDF
State Regulations (Website): Tennessee Regulations Website
State Law/Legislation Code:
Permit Requirements: Permit Links
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Robert Wadley
Environmental Specialist
615-741-4907
robert.wadley@tn.gov
Composting Programs: N/A
Resources: N/A

STATE: UTAH

Regulatory Agency:
State Composting Regulations (PDF): Utah Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: solid waste management, waste disposal
Date of Enactment or Last Substantive Amendment: February 1, 2007
Notice of Continuation: March 14, 2003
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108 646
Permit Requirements: Permits are not required for composting facilities, UAC R315-312-2(1) requires that a plan of operation be submitted to the Director of the Division of Solid and Hazardous Waste. Compost facility guidance document : http://www.hazardouswaste.utah.gov/Solid_Waste_Section/Docs/SolidWaste/Compost_guidance.pdf
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Ralph Bohn
Utah Division of Solid and Hazardous Waste
PO Box 144880
Salt Lake City, Utah 84114-4880
Phone 801/536-0212
Composting Programs: N/A
Resources: N/A

STATE: VERMONT

Regulatory Agency:
State Composting Regulations (PDF): Vermont Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: Vermont Statutes
Title 10: Conservation and Development
Chapter 159: WASTE MANAGEMENT
10 V.S.A. § 6605h. Composting registration
Permit Requirements: Act 250: Permit Requirements
Permit Exemptions:
Legislation Last Updated: Vermont Solid Waste Initiatives
Primary State Contact:
Dennis Fekert
Chief, Certification and Compliance
Vermont Solid Waste Management Program
802-522-0195
Composting Programs: Solid Waste Working Group
Compost Study Committee
District Managers Working Group
Composting Workgroup of Vermont
Resources: N/A

STATE: VIRGINIA

Regulatory Agency:
State Composting Regulations (PDF): Virgina Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: N/A
Permit Requirements: non-exempt compost operations are required to have a Permit-by-Rule. Registration is required for certain exempt facilities.
Permit Exemptions:
Legislation Last Updated: We have several exemptions for certain types of composting operations and have recently changed regulations (2011) to make composting operations to have a permit-by-rule (PBR) instead of a full solid waste permit (SWP). The PBR is the simpler permitting process.
Primary State Contact:
Jenny L. Poland
Solid Waste Permit Writer
DEQ Blue Ridge Regional Office (Roanoke)
3019 Peters Creek Road
Roanoke, VA 24019
PH 540.562.6890
Composting Programs: N/A
Resources: N/A

STATE: WASHINGTON

Regulatory Agency:
State Composting Regulations (PDF): Washington Regulations PDF
State Regulations (Website): Washington Regulations Website
State Law/Legislation Code: Revised Code of Washington (RCW) Chapter 70.95 Solid Waste Management
Permit Requirements: Compost Facility Standards
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Mary Harrington
Department of Ecology, HQ
Waste 2 Resources Program
P.O. Box 47600
Olympia WA 98504-7600
mian461@ecy.wa.gov
Tel: 360.407.6915
Fax: 360.407.6102
Composting Programs: N/A
Resources: N/A

STATE: WEST VIRGINIA

Regulatory Agency:
State Composting Regulations (PDF): West Virginia Regulations PDF
State Regulations (Website): Same as PDF
State Law/Legislation Code: W. Va. Code ’20-11-8(c).
Permit Requirements: http://www.dep.wv.gov/WWE/permit/solidwaste/Pages/default.aspx
Solid Waste Facilities Permitting Process
REGISTRATION APPLICATION FOR A NON-RESIDENTAL COMPOSTING ACTIVITY
APPLICATION FOR A NON-DISPOSAL SOLID WASTE FACILITY PERMIT
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Sudhir D. Patel
Department of Environmental Protection
Division of Water and Waste Management
601 57th Street SE
Charleston, WV 25304
phone: (304) 926-0499 EXT.1295
fax: (304) 926-0477
Sudhir.D.Patel@wv.gov
Composting Programs: N/A
Resources: N/A

STATE: WISCONSIN

Regulatory Agency:
State Composting Regulations (PDF): Wisconsin Regulations PDF
State Regulations (Website): Wisconsin Regulations Website-
Updated June 1, 2012
State Law/Legislation Code: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997,
No. 500.
Permit Requirements: Publications about new compost rule. –>
http://dnr.wi.gov/topic/Recycling/regs.html
Plan of Operation Checklist for Compost Facilities [NR 502.12(13)] –>
http://dnr.wi.gov/files/PDF/pubs/wa/WA1586.pdf
Permit Exemptions:
Legislation Last Updated: None at this time.
Primary State Contact:
Brad Wolbert, P.G., Chief
Recycling and Solid Waste Section
Bureau of Waste and Materials Management
Wisconsin Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
608-264-6286
Composting Programs: N/A
Resources: N/A

STATE: WYOMING

Regulatory Agency:
State Composting Regulations (PDF): Wyoming Regulations PDF
(don’t have specific rules for composting, but it is considered waste treatment)
State Regulations (Website): Wyoming Regulations Website
State Law/Legislation Code: WY Stat § 35-11-508 (1997 through Reg Sess)
2012 Wyoming Statutes
TITLE 35 – PUBLIC HEALTH AND SAFETY
CHAPTER 11 – ENVIRONMENTAL QUALITY
Permit Requirements: Compost facilities may need a permit under Chapter 6 of our Solid Waste Rules. We are able to tailor permitting requirements to the composting activity.
In general, we can exempt from permitting a facility that composts only green waste (grass clippings and yard waste). Most composting occurs at municipally operated landfills and waste transfer facilities which are already permitted, so permitting isn’t generally an issue. In addition to permit exemptions, we can also issue low hazard/low volume (LH/LV) permits for small facilities which essentially involve the operator submitting a form (essentially a permit by rule process). For more complex composting activities needing more detailed operating processes (food waste, animal mortality, etc.) we would require a full Chapter 6 permit with a more detailed permit application and more public participation in the permit process.
Chapter 1 contains general permitting requirements, Chapter 6 the transfer/treatment/storage (TTS) facility requirements, and Chapter 7 the financial assurance requirements.
Permit Exemptions:
Legislation Last Updated: Wyoming Solid Waste Permitting and Corrective Action –> http://deq.state.wy.us/shwd/SW/index2.asp
http://soswy.state.wy.us/Rules/RULES/8907.pdf
Note that we just completed (last week) a rule change, but the new versions of the rules have not yet been posted to our web site. Check our secretary of State’s web site because they should be posted there soon: http://soswy.state.wy.us/Rules/default.aspx.
Primary State Contact:
Robert A. Doctor, PG
Program Manager
Solid Waste Permitting and Corrective Action
152 North Durbin, Suite 100
Casper, WY 82601
Phone (307)473-3468
Fax (307) 473-3458
email bob.doctor@wyo.gov
Composting Programs: Chapter 1 of the new rules expands the activities that can occur at exempt and LH/LV municipal waste TTS facilities, including composting.
Resources: N/A

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