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STATE: ALABAMA

State Regulations (PDF): N/A
State Regulations (Website): Alabama State Regulations (Website)
State Regulatory Code Reference: Revised April 3, 2012
ADEM Admin. Code r. 335-13-x-.xx
Chapter 335-13-14- 14-1,14-11
State Law/Legislation Code: Code Of Alabama 1975: Mental health and Environmental Control- Title 1; 22-27-9 & 22-27-12
Compost Permits: 335-13-14-.04 Application Requirements
No person may receive, store or process solid waste for composting without being properly permitted by the
Department, except as described by Rule 335-13-14-.03(3).
http://adem.alabama.gov/programs/land/permitRegistration.cnt –> Permitting and Registration
Enabling Legislation: None at this time.
Primary State Contact:
Scott Story, Chief
Solid Waste Engineering Section
Solid Waste Branch
Land Division
(334) 271-7764
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: ALASKA

State Regulations (PDF): N/A
State Regulations (Website): N/A
State Regulatory Code Reference:
http://www.dec.state.ak.us/commish/regulations/pdfs/18%20AAC%2060.pdf
State Law/Legislation Code: N/A
Compost Permits: N/A
Enabling Legislation: None at this time.
Primary State Contact:
Doug Buteyn
Northern/Southeastern Program Coordinator
ADEC Solid Waste Program
610 University Avenue
Fairbanks, AK 99709
907-451-2135 (phone)
907-451-2188 (fax)
doug.buteyn@alaska.gov
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: ARIZONA

State Regulations (PDF): Arizona Regulations PDF
State Regulations (Website): Arizona Regulations (Website)
State Regulatory Code Reference: 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
State Law/Legislation Code: Arizona Revised Statutes—A.R.S.: Title 49, Chapter 4 Solid Waste Management: 762.07
Compost Permits: Composting facilities in AZ shall submit a Notice to ADEQ. With each application submitted for approval, the applicant must remit an initial fee. In addition, composting facilities may be subject to Aquifer Protection Permit (APP) requirements, if there is potential for discharge of pollutants to the groundwater.
Enabling Legislation: None at this time.
Primary State Contact:
Linda Mariner,Manager
Sustainability Programs Unit
AZ Department of Environmental Quality
1110 W. Washington St.
Phoenix, AZ 85007
(602) 771-4294
www.azdeq.gov
OR
Mike Prigge, P.E.
Manager
ADEQ Solid Waste Plan Review Unit
1110 W. Washington St.
Phoenix, AZ 85007
mnp@azdeq.gov
Phone: (602) 771-4136
Fax: (602) 771-2234
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: ARKANASAS

State Regulations (PDF): Arkansas Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Regulations of the Arkansas Pollution Control and Ecology Commission: Regulation 22: Solid Waste Management Rules”
State Law/Legislation Code: Regulation 22 adopted by EPA’s Resource and Recovery Conservation Act, Subtitle D
Compost Permits: Applications for an individual permit for composting shall conform to the requirements of Regulation Number 8, Administrative Procedures, and Reg.22.804 . Applicants for coverage under the general permit program shall conform to the procedures established under the general permit program.
Enabling Legislation: None at this time.
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
Phone: (501) 682-0600
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: CALIFORNIA

State Regulations (PDF): California Regulations PDF
State Regulations (Website): California Regulations (Website)
State Regulatory Code Reference: California Code of Regulations: Title 14, Natural Resources–Division 7
State Law/Legislation Code: California Public Resource Code: Sections 40502, 43020, and 43021
Compost Permits: http://www.calrecycle.ca.gov/SWFacilities/Permitting/facilitytype/compost/
Enabling Legislation: California’s Proposed Regulations
Primary State Contact:
Ken Decio
Department of Resources Recycling and Recovery (CalRecycle)
1001 I Street
Sacramento, CA 95814
(916) 341-6313
Permitting State Contact: See Primary Contact
Composting Programs: http://www.calrecycle.ca.gov/organics/

STATE: COLORADO

State Regulations (PDF): Colorado Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Colorado Department of Public Health and Environment: Solid Waste Regulations: Colorado Solid Waste Regulations 6 CCR 1007-2 Section 14, and parts of Section 2–> http://www.colorado.gov/cs/Satellite/CDPHE-Main/CBON/1251607568997
Code of Colorado Regulations: Compost 8 CCR 1202-4: –> http://www.sos.state.co.us/CCR/NumericalSubDocList.do?deptID=1&deptName=1200%20Agriculture&agencyID=56&agencyName=1202 Inspection%20and%20Consumer%20Services%20Division&ccrDocID=2526&ccrDocName=8%20CCR%201202-4%20FERTILIZERS%20AND%20SOIL%20CONDITIONERS
State Law/Legislation Code: Colorado Revised Statutes: Title 35, Article 12: Commercial Fertilizers and Soil Conditioners Law, Sections 35-12-101 to 35-12-120
Compost Permits: Compost Forms and Applications
•Composting Facility Types IV and V Initial Registration Form
•Composting Facility Reporting Form
Enabling Legislation: None at this time.
Primary State Contact:
Roger Doak
Colorado Department of Public Health and Environment
Solid Waste Program
303-692-3437
Permitting State Contact: See Primary Contact
Composting Programs: N/A

STATE: CONNETICUT

State Regulations (PDF): Connecticut Regulations PDF
State Regulations (Website)
: Connecticut Regulations Website
State Regulatory Code Reference
: Composting Leafs/Recycling Regulations (The Regulations of Connecticut State Agencies added Section 22a-208i(a)-1) : http://www.ct.gov/deep/cwp/view.asp?a=2718&q=325372&deepNav_GID=1645. Mandatory Recycling Regulations (regulations are required by section 22a-24lb of the Connecticut General Statutes)
State Law/Legislation Code: Connecticut General Assembly: Connecticut General Statutes: 21A-00-0092 through 0260 Connecticut Waste Management Program
Grass Clipping Disposal Bans: Sec. 22a-208v under Connecticut General Statutes
Compost Permits: Under General Permits and Registrations: General Permit Type and Other Related Information
Addition of Grass Clippings at Registered Leaf Composting Facilities
Leaf Composting Facility Registration Packet
Sheet Leaf Composting Notification Packet
Required Common Forms for all the above: Permit Application Transmittal Form

If you have any questions regarding which forms must be submitted, please review the appropriate program fact sheet in the User’s Guide to Environmental Permits, or contact the Permit Assistance Office at 860-424-3003.

All permits or approvals for composting facilities must be secured prior to operation. DEP strongly recommends that operators of composting facilities which do not require permits contact the DEP Recycling program for technical assistance.
Enabling Legislation: 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
Primary State Contact:
KC Alexander
Department of Environmental Protect (DEP)
(860) 424-3365
Kathy.Alexander@ct.gov
Permitting State Contact: See Primary Contact
Composting Programs: N/A

STATE: DELAWARE

State Regulations (PDF): Delaware Regulations PDF
State Regulations (Website): Delaware Regulations Website
State Regulatory Code Reference: Delaware General Assembly : Delaware Regulations : Administrative Code : Title 7 : 1000 : 1300 : Split1301
Delaware General Assembly : Delaware Regulations : Administrative Code : Title 1 : 500
http://regulations.delaware.gov/AdminCode/title7/1000/1300/index1.shtml#TopOfPage
State Law/Legislation Code: Authority: 7 Delaware Code 6025 and 7 Delaware Code 6003
Compost Permits: Composting operations are exempted from state solid waste permitting requirements by Section 4: Permit Requirements and Administrative Procedures of the Delaware Regulations Governing Solid Waste www.dnrec.state.de.us/DNREC2000/Divisions/AWM/hw/sw/swreg.htm. All composting operations, other than individual household composting, however, must obtain written approval from the Delaware Department of Natural Resources and Environmental Control (DNREC) prior to commencing operations. To obtain an approval, a person must submit a written plan of operation demonstrating to the DNREC 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. They also must submit a written statement explaining the intended use of the compost.
Enabling Legislation: None
Primary State Contact:
James D. Short
Environmental Scientist IV
Solid and Hazardous Waste Management Section
Phone: 302-739-9403
Fax: 302-739-5060
Email : james.short@state.de.us
Permitting State Contact:
Mindy Anthony
DNREC-Solid & Hazardous Waste Mgmt Section
89 Kings Hwy
Dover, DE 19901
Phone: 302-739-9403
Fax: 302-739-5060
Mindy.Anthony@state.de.us
Composting Programs: N/A

STATE: FLORIDA

State Regulations (PDF): Florida Regulations PDF
State Regulations (Website): Florida Regulations Website
State Regulatory Code Reference: Florida Department of Environmental Protection Chapter 62-709 F.A.C
State Law/Legislation Code: Public Health: Florida Laws: FL Statutes
Title XXIX Chapter 403 Environmental Control
403.061, 403.704, 403.707, 403.7043 Florida Statute

Compost Permits: N/A
Enabling Legislation: Title XXIX Chapter 403 Environmental Control
403.061, 403.704, 403.707, 403.7043 Florida Statute
403.061
403.704
403.707

Primary State Contact:
Michell Mason 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
Direct Phone: (850) 245-8721
email: michell.m.smith@dep.state.fl.us
Permitting State Contact: See Primary Contact.
Composting Programs: Broward County : http://www.broward.org/GOGREEN/GREENGOVERNMENT/Pages/WasteandRecycling.aspx Alachua County: http://www.meetup.com/The-Alachua-County-Permaculture-Guild/

STATE: GEORGIA

State Regulations (PDF): Georgia Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Georgia Administration Code- 391-3-4-.16 Composting. Amended.
State Law/Legislation Code: Authority O.C.G.A. Secs. 12-8-20 et seq., 12-8-23.
Compost Permits: Compost Permit Rules
Solid Waste Handling Permit
For more information, contact EPD at 404-362-2692
Enabling Legislation: None at this time.
Primary State Contact:
Stephanie Busch
Stephanie.Busch@dnr.state.ga.us
SOLID WASTE MANAGEMENT PROGRAM
Phone: 404.362.2692
Fax: 404.362.2693
Permitting State Contact: See Primary Contact
Composting Programs: N/A

STATE: HAWAII

State Regulations (PDF): Hawaii Regulations PDF
State Regulations (Website): Hawaii Regulations Website
State Regulatory Code Reference: HAWAII ADMINISTRATIVE RULES: TITLE 11
DEPARTMENT OF HEALTH
CHAPTER 58.1: SOLID WASTE MANAGEMENT CONTROL
State Law/Legislation Code: Hawaii Revised Statutes §342H
Compost Permits: Solid Waste Management Permits
For more information, contact Solid and Hazardous Waste Branch at 808-586-4226
Enabling Legislation: 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
Permitting State Contact: See Primary Contact
Composting Programs: N/A

STATE: IDAHO

State Regulations (PDF): Idaho Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06
Department of Environmental Quality
Solid Waste Management Rules
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
Compost Permits: 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.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact
Composting Programs: N/A

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STATE: ILLINOIS

State Regulations (PDF): Illinois Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Illinois Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 IAC), Section 3.330 of the Act: definition of “Pollution Control Facility” Section 39.2 of the Act: local sitting review requirements
35 IAC 830-832: landscape waste composting regulations
35 IAC 807: Solid waste regulations
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]
Compost Permits: 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.
Enabling Legislation: 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.
Permitting State Contact: See Primary Contact.
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

State Regulations (PDF): Indiana Regulations PDF
State Regulations (Website): N/A
State Regulatory Code Reference: No current Rules. Working with Companies that want to compost food waste and biosolids.
State Law/Legislation Code: Statutes : Indiana Code 13-20-10
Compost Permits: Composting vegetative matter is only a registration program. Registrations can provide alternate methods.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: IOWA

State Regulations (PDF): Iowa Regulations PDF
State Regulations (Website): Iowa Regulations Website
State Regulatory Code Reference: Iowa Administrative Code 567, 105.1-105.15 CHAPTER 105 ORGANIC MATERIALS COMPOSTING FACILITIES
State Law/Legislation Code: These rules are intended to implement Iowa Code sections 455B.304 and 455D.9.
Compost Permits: Composting Facility Permit Applications
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: KANSAS

State Regulations (PDF): Kansas Regulations PDF
State Regulations (Website): Kansas Regulations Website
State Regulatory Code Reference: Kansas Composting Program
Solid Waste Permits Section
Kansas Admidistrative Regulations
K.A.R. 28-29-3, K.A.R. 28-29-25a and ending with K.A.R. 28-29-25f
State Law/Legislation Code: N/A
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: KENTUCKY

State Regulations (PDF): Kentucky Regulations PDF
State Regulations (Website): Kentucky Regulations Website
State Regulatory Code Reference: 401 KAR 48:200
State Law/Legislation Code: STATUTORY AUTHORITY: KRS 224: 10-100
Compost Permits: 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).
Enabling Legislation: None at this time.
Primary State Contact: Not represented
Permitting State Contact: N/A
Composting Programs: N/A

STATE: LOUISIANA

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

STATE: MAINE

State Regulations (PDF): N/A
State Regulations (Website): http://www.maine.gov/dep/waste/residuals/index.html#ru
State Regulatory Code Reference: Maine Solid Waste Management Rules: Composting Facilities, 06-096 CMR 410
State Law/Legislation Code: Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. §§ 1301 to 1391-Y.
Compost Permits: Composting Facilities and Application Fees
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: Maine Compost School

STATE: MARYLAND

State Regulations (PDF): Maryland Regulations PDF
State Regulations (Website): Maryland Regulations Website
State Regulatory Code Reference:
COMAR 15.18.04 – Department of Agriculture Regulations
COMAR 26.04.07.01 -.03 and .23 – Department of the Environment Regulations
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
Compost Permits: 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.
Enabling Legislation: 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

STATE: MASSACHUSETTS

State Regulations (PDF): Massachusetts Regulations PDF
State Regulations (Website): Massachusetts Regulations Website
State Regulatory Code Reference: 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
310 CMR 16.00: SITE ASSIGNMENT REGULATIONS FOR SOLID WASTE FACILITIES
State Law/Legislation Code: Pursuant to M.G.L. c. 21A, §§ 2 and 8, c. 21H, § 7, and c. 111, §§ 150A and 150A½,
Compost Permits: 310 CMR 16.04, 16.05, 16.06: Permit for Recycling, Composting and Conversion (RCC) Operations
310 CMR 16.30: Application Fees

Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: Organics Subcommittee
Activities and Other StakeHolder Groups

STATE: MICHIGAN

State Regulations (PDF): Michigan Regulations PDF
State Regulations (Website): Michigan Regulations Website
State Regulatory Code Reference: Part 115 of PA 451 : http://www.legislature.mi.gov/documents/mcl/pdf/mcl-451-1994-ii-3-115.pdf
Part 115 administrative rules : http://www.legislature.mi.gov/(S(ehllbfapvik0g5em1ihagx45))/documents/mcl/pdf/mcl-act-451-of-1994.pdf
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
Compost Permits: Composting Registration
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: MINNESOTA

State Regulations (PDF): Minnesota Regulations PDF
State Regulations (Website): Minnesota Regulations Website
State Regulatory Code Reference: Minnesota Adminstrative Rules: 7035.2836
State Law/Legislation Code: Statutory Authority: MS s 116.07
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: MISSISSIPPI

State Regulations (PDF): Mississippi Regulations PDF
State Regulations (Website): Mississippi Regulations Website
State Regulatory Code Reference: NONHAZARDOUS SOLID WASTE MANAGEMENT REGULATIONS
MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF POLLUTION CONTROL
Amended April
Section IX. addresses composting facility requirements, but Sections I., II, and III apply to composting facilities as well.
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.
Compost Permits: Pilot Composting Program
Enabling Legislation: 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.
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
Permitting State Contact: See Primary Contact.
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

State Regulations (PDF): Missouri Regulations PDF
State Regulations (Website): Missouri Regulations Website
State Regulatory Code Reference: Missouri Department of Natural Resources/Division of Environmental Quality Code of State Regulations
10 CSR 20 Water Quality
10 CSR 10 Air Quality
(CSR) 10 CSR 80-2.020(9)
State Law/Legislation Code: Missouri Statutes
•Federal Clean Water Act
•Missouri Clean Water Law – 640
•Missouri Clean Water Law – 644
Compost Permits:
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
Compost Permits: http://www.dnr.mo.gov/forms/index.html#SolidWaste
Enabling Legislation: None at this time.
Primary State Contact:
J. P. Boessen
Solid Waste Management Program
Missouri Department of Natural Resources’
573-526-3842.
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

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STATE: MONTANA

State Regulations (PDF): New compost rules expected by fall 2013
State Regulations (Website): Montana Regulations Website
State Regulatory Code Reference: ENVIRONMENTAL QUALITY
CHAPTER 50 SOLID WASTE MANAGEMENT
Sub-Chapter 4 Rule 17.50
ADMINISTRATIVE RULES OF MONTANA
State Law/Legislation Code: 75-10-115, 75-10-221, MCA; IMP, 75-10-115, 75-10-221, MCA; NEW, 1992 MAR p. 1377
Compost Permits: Montana Permit for Composting Facility
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: NEBRASKA

State Regulations (PDF): Nebraska Regulations PDF
State Regulations (Website): Nebraska Regulations Website
State Regulatory Code Reference: The composting of biosolids from water treatment systems is regulated under R. 61-9 NPDES and Land Application Permits Regulation. The composting of manure on-site of an animal agricultural facility is regulated under R. 61-43 Standards for the Permitting of Agricultural Animal Facilities.
NDEQ Waste Management Section under
Title 132 – Integrated Solid Waste Management Regulations
State Law/Legislation Code: Neb. Rev. Stat. §§13-2034; 13-2036; 81-1504 (1), (2), (7), (11)-(13), (20); 181505; 81-1528 (7)
Compost Permits: Application for Compost Permit
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: NEVADA

State Regulations (PDF): Nevada Regulations PDF
State Regulations (Website): Nevada Regulations Website
State Regulatory Code Reference: NEVADA ADMINISTRATIVE CODE
CHAPTER 444
444.670
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.
For composting of feedstocks not specifically addressed in regulations, a Research, Development, and Demonstration permit under R. 61-107.10 may be required.
State Law/Legislation Code: NEVADA REVISED STATUTES 444.560
Compost Permits: Guidelines to submit a compost plant application
http://ndep.nv.gov/bwm/Docs/compost_application_guidance.pdf
Enabling Legislation: 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

STATE: NEW HAMPSHIRE

State Regulations (PDF): New Hampshire Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: CHAPTER Env-Sw 1900 SOLID WASTE MANAGEMENT DISTRICTS
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
Compost Permits: 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.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: NEW JERSEY

State Regulations (PDF): New Jersey Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: N.J.A.C
TITLE 7. DEPARTMENT OF ENVIRONMENTAL PROTECTION
CHAPTER 26A. RECYCLING RULES
SUBCHAPTER 3. APPROVAL OF RECYCLING CENTERS FOR CLASS B, CLASS C OR CLASS D RECYCLABLE MATERIALS
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.
Compost Permits: 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.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: NEW MEXICO

State Regulations (PDF):
New Mexico Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: NMAC
TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 9 SOLID WASTE
PART 3 SOLID WASTE FACILITY PERMITS AND REGISTRATIONS
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.
Compost Permits: Registration Form:
Enabling Legislation: None at this time.
Primary State Contact: not represented
Permitting State Contact: N/A
Composting Programs: N/A

STATE: NEW YORK

State Regulations (PDF):
New York Regulations PDF
State Regulations (Website): New York Regulations Website
State Regulatory Code Reference: NY Dept. of Environmental Quality
Subpart 360-5:Composting Facilities
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
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: NORTH CAROLINA

State Regulations (PDF): North Carolina Regulations PDF
State Regulations (Website): North Carolina Regulations Website
State Regulatory Code Reference: 15A North Carolina Adminstrative Code 13B .1401-.1408
State Law/Legislation Code: Authority G.S. 130A-294; 130A-309.03; 130A‑309.11; 130A-309.29;
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: NORTH DAKOTA

State Regulations (PDF): North Dakota Regulations PDF
State Regulations (Website): North Dakota Regulations Website
State Regulatory Code Reference: North Dakota Administrative Code (NDAC) Article 33-20.
State Law/Legislation Code: North Dakota Century Code (NDCC) Chapter 23-29
Compost Permits: 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
Enabling Legislation: None at this time.
Primary State Contact: not represented
Permitting State Contact: N/A
Composting Programs: N/A

STATE: OHIO

State Regulations (PDF): Ohio Regulations PDF
State Regulations (Website): Ohio Regulations Website
State Regulatory Code Reference: OAC Chapter 3745-560
State Law/Legislation Code: Statutory Authority: 3734.02, 3734.028, 3734.12
Compost Permits: 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
Enabling Legislation: 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

STATE: OKLAHOMA

State Regulations (PDF): Oklahoma Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: DEQ and by the Oklahoma Department of Agriculture, Food, and Forestry. The DEQ rules are 252:515. Agency webpage http://www.deq.state.ok.us/mainlinks/deqrules.htm.
Oklahoma Solid Waste Management Act, Title 27A Section 2-10.
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
Compost Permits: APPLICATION FOR INDIVIDUAL PERMIT TO OPERATE
AN AGRICULTURAL COMPOST FACILITY :
http://www.oda.state.ok.us/aems/compostapp.pdf
Enabling Legislation: DEQ is evaluating proposing changes based on the model produced by the Compost Council.
Primary State Contact:
Fenton Rood
Fenton.Rood@deq.ok.gov
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: OREGON

State Regulations (PDF): N/A
State Regulations (Website): Oregon Regulations Website
State Regulatory Code Reference: OAR Chapter 340, Divisions 93, 96, and 97.
State Law/Legislation Code: 14 Stat. Auth.: ORS 459.005 – ORS 459.418 15 Stats. Implemented: ORS 459.005 & ORS 459.015
Compost Permits: Compost Permits
Enabling Legislation: 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)
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: PENNSYLVANIA

State Regulations (PDF): Pennsylvania Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: 25.Pa. Chapter 281 of the Department of Environmental Protection regulations :
• Municipal Waste Permit-by-Rule Regulations Chapter 271.103 –> http://www.pacode.com/secure/data/025/chapter271/s271.103.html
• Chapter 281. Composting Facilities –> http://www.pacode.com/secure/data/025/chapter281/chap281toc.html
• Chapter 295. Composting Facilities for Residual Waste –> http://www.pacode.com/secure/data/025/chapter295/chap295toc.html
State Law/Legislation Code: Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003);
Compost Permits: 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).
Enabling Legislation: 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

STATE: RHODE ISLAND

State Regulations (PDF): Rhode Island Regulations PDF
State Regulations (Website): Rhode Island Regulations Website
State Regulatory Code Reference: STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIROMENTAL MANAGEMENT
OFFICE OF WASTE MANAGEMENT
SOLID WASTE REGULATION NO. 8
SOLID WASTE COMPOSTING FACILITIES

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
Compost Permits: 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.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: SOUTH CAROLINA

State Regulations (PDF): South Carolina Regulations PDF
State Regulations (Website): South Carolina Regulations Website
State Regulatory Code Reference: South Carolina Department of Health and Environmental Control
Regulation 61-107.4
Regulation: 61-43
Regulations: 61-9
State Law/Legislation Code: Statutory Authority: 1976 Code
Sections 44-96-190 and 44-96-380 (1991)
Compost Permits: 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
Enabling Legislation: 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

STATE: SOUTH DAKOTA

State Regulations (PDF): South Dakota Regulations PDF
State Regulations (Website): South Dakota Regulations Website
State Regulatory Code Reference: ARSD 74:27
http://legis.state.sd.us/rules/index.aspx
State Law/Legislation Code: SDCL 34A-6
http://legis.state.sd.us/statutes/index.aspx
Compost Permits: Links to Permits
http://denr.sd.gov/des/wm/sw/swgenpermits.aspx
http://denr.sd.gov/des/wm/sw/swappforms.aspx
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: TEXAS

State Regulations (PDF): Texas Regulations PDF
State Regulations (Website): Texas Regulations Website
State Regulatory Code Reference: Texas Commission on Environmental Quality
Chapter 332 – Composting
SUBCHAPTER A: GENERAL INFORMATION
Texas Administrative Code §§332.1 – 332.8
State Law/Legislation Code: Texas Legislature under the Administrative Code Act (Government Code, §§2002.051-2002.056).
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: TENNESSEE

State Regulations (PDF): Tennessee Regulations PDF
State Regulations (Website): Tennessee Regulations Website
State Regulatory Code Reference: Tennesse Department of Environment and Conservation
Division of Soild Waste Management
Chapter 1200-1-7-.11
State Law/Legislation Code: T.C.A. §§68-203-103(b)(3), 68-211-102(a), 68-211-105(b) and (c), 68-211-106(a)(1), 68-211-
107(a), 68-211-111(d)(1), 68-211-111(d)(2), 68-211-116, 68-211-851(a), 68-211-852, 68-211-853, and 68-211-861.
Compost Permits: Permit Links
Enabling Legislation: None at this time.
Primary State Contact:
Robert Wadley
Environmental Specialist
615-741-4907
robert.wadley@tn.gov
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: UTAH

State Regulations (PDF): Utah Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Utah Administrative Code R315. Environmental Quality, Solid and Hazardous Waste.
Rule R315-312. Recycling and Composting Facility Standards.
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
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: VERMONT

State Regulations (PDF): Vermont Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Composting of most materials is covered by the Solid Waste Management Rules.
The exceptions are farm animal manures and used animal bedding. Smaller operations that do not include human waste are covered under Subchapter 11. Large operations come under the same set of rules as other solid waste facilities.
State Law/Legislation Code: Vermont Statutes
Title 10: Conservation and Development
Chapter 159: WASTE MANAGEMENT
10 V.S.A. § 6605h. Composting registration
Compost Permits: Act 250: Permit Requirements
Enabling Legislation: Vermont Solid Waste Initiatives
Primary State Contact:
Dennis Fekert
Chief, Certification and Compliance
Vermont Solid Waste Management Program
802-522-0195
Permitting State Contact: See Primary Contact.
Composting Programs: Solid Waste Working Group
Compost Study Committee
District Managers Working Group
Composting Workgroup of Vermont

STATE: VIRGINIA

State Regulations (PDF): Virgina Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: Virginia Solid Waste Management Regulations
Compost Exemptions/Beneficial Uses – 9 VAC 20-81-95.D
General Criteria, Siting, Design, Operation Closure 9 VAC 20-81-300 thru 360.
Yard Waste Composting Exemptions 9 VAC 20-81-397
Permits-by-rule and other special permits 9 VAC 20-81-410
http://www.deq.virginia.gov/Programs/LandProtectionRevitalization/LawsRegulationsGuidance.aspx
State Law/Legislation Code: N/A
Compost Permits: non-exempt compost operations are required to have a Permit-by-Rule. Registration is required for certain exempt facilities.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: WASHINGTON

State Regulations (PDF): Washington Regulations PDF
State Regulations (Website): Washington Regulations Website
State Regulatory Code Reference: Washington Administrate Code (WAC) Chapter 173-350
State Law/Legislation Code: Revised Code of Washington (RCW) Chapter 70.95 Solid Waste Management
Compost Permits: Compost Facility Standards
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: WEST VIRGINIA

State Regulations (PDF): West Virginia Regulations PDF
State Regulations (Website): Same as PDF
State Regulatory Code Reference: 33 CSR 3 “Yard waste composting Rule”
State Law/Legislation Code: W. Va. Code ’20-11-8(c).
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: WISCONSIN

State Regulations (PDF): Wisconsin Regulations PDF
State Regulations (Website): Wisconsin Regulations Website-
Updated June 1, 2012
State Regulatory Code Reference: DEPARTMENT OF NATURAL RESOURCES NR 502.04: modified and the changes took effect June 1, 2012
s. NR 502.12, Wis. Adm. Code
State Law/Legislation Code: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997,
No. 500.
Compost Permits: 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
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
Composting Programs: N/A

STATE: WYOMING

State 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 Regulatory Code Reference: Wyoming Solid Waste Rules Chapter 10
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
Compost Permits: 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.
Enabling Legislation: 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
Permitting State Contact: See Primary Contact.
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.

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