310 CMR, § 16.04 - General Permit for Recycling, Composting or Aerobic and Anaerobic Digestion Operations

(1) Applicability. The following operations are eligible for a general permit and do not require a site assignment, a facility permit pursuant to 310 CMR 19.000: Solid Waste Management, or a recycling, composting, or conversion permit pursuant to 310 CMR 16.05, provided the operation meets the requirements of 310 CMR 16.04:

(a) a recycling operation that receives no more than 250 tons per day of recyclable materials, not including paper;

(b) a composting operation that:

1. receives no more than 105 tons per week and no more than 30 tons per day of Group 2 organic materials, listed at 310 CMR 16.04(3)(b): Table 1. Examples of Organic Materials, or other organic materials with a carbon to nitrogen ratio of 30:1or less;

2. contains less than 5,000 cubic yards of organic materials per acre; and

3. has less than 50,000 cubic yards of organic materials on site at any one time; or

(c) an aerobic or anaerobic digestion operation that receives no more than 100 tons per day of organic material from on or off site, based on a 30 day rolling average.

(2) General Permit Requirements for a Recycling Operation. The owner and operator of an operation that handles recyclable materials shall:

(a) ensure the operation and its products do not result in an unpermitted discharge of pollutants to air, water, land or other natural resources of the Commonwealth, create a public nuisance, or present a significant threat to public health, safety or the environment;

(b) ensure that the recyclable materials and products are not contaminated by toxic substances at levels which may pose a significant threat to public health, safety or the environment;

(c) ensure that the type and quality of recyclable materials is sufficient for the operation and that the quality of the operation's products is sufficient for the products to be marketable;

(d) ensure that the operation handles recyclable materials and residuals only within a handling area, containers or trucks that are sufficiently enclosed and covered to prevent a public nuisance;

(e) ensure that the amount of residuals generated at a single-stream recycling operation does not average more than 15%, or at any other type of recycling operation 10%, by weight of the materials received during any quarter;

(f) ensure that the material, in its as-received, in-process or processed condition, shall not exceed the amount of recyclable or organic material that can be received in one year. This time limit may be exceeded in the case of storage of a processed material pending accumulation of one full container load;

(g) ensure that all solid and liquid materials produced as a result of the operation are managed in accordance with all other applicable regulations and approvals, including but not limited to, a beneficial use determination;

(h) maintain accurate records for at least three years to demonstrate compliance with 310 CMR 16.04 and submit a report to the Department annually by February 15^th on a form provided by the Department that shall include, but not be limited to, the amounts and types of recyclable materials received, transferred and recycled and the amount of residuals managed during the previous calendar year; and

(i) submit a compliance certification in accordance with 310 CMR 16.06(1).

(3) General Permit Requirements for Composting or Aerobically or Anaerobically Digesting Organic Materials.

(a) The owner and operator of an operation that composts or aerobically or anaerobically digests organic materials shall:

1. ensure the operation and its products do not result in an unpermitted discharge of pollutants to air, water or other natural resources of the Commonwealth, create a public nuisance, or present a significant threat to public health, safety or the environment;

2. ensure that the operation incorporates best management practices, including but not limited to:

a. producing stabilized organic materials;

b. maintaining proper thermal regulation and monitoring to prevent spontaneous combustion and destroy pathogens;

c. managing stormwater and leachate to prevent ponding and water pollution;

d. maintaining access to an adequate water supply with adequate pressure for fire control;

e. implementing an odor control plan that is appropriate for the size and type of the operation that will minimize the production and migration of odorous compounds. The plan shall identify specific actions that will be taken to address complaints if unacceptable odors occur beyond the property line of the operation;

f. implementing a vector control plan that is appropriate for the size and type of the operation that will minimize the presence of vectors. The plan shall identify specific actions that will be taken to address complaints if unacceptable vectors occur beyond the property line of the operation;

g. employing an appropriate number of properly trained personnel for the size and type of the operation;

h. using equipment that is appropriate for the size and type of the operation; and

i. developing a contingency plan that describes corrective actions to be taken for management of the organic materials and products in the event of equipment breakdowns, delivery of unacceptable material, spills, fires, extreme weather conditions or other events, including but not limited to the failure of the odor or vector control plan;

3. ensure that the operation is located at least 250 feet from any existing water supply well in use at the time the operation commences;

4. ensure that the type and quality of organic materials is sufficient for the operation and that the quality of the operation's products is sufficient for the products to be marketable;

5. ensure that the organic material and products are not contaminated by toxic substances at levels which may pose a significant threat to public health, safety or the environment, including but not limited to implementing a toxics control plan that:

a. will minimize entry of toxic materials into the operation;

b. is appropriate for the organic materials to be managed at the operation; and

c. ensures that the final products resulting from the operation do not pose a significant threat to public health, safety or the environment.

Should toxics be detected in the final products at levels that pose a significant threat to public health, safety or the environment for any likely use of the product, the plan shall also include a contingency plan that identifies steps to be taken to reduce toxics in incoming organic materials, describes corrective actions to be taken for management of the organic materials and products, and identifies how any contaminated products are to be used or disposed;

6. ensure that the amount of residuals generated does not average more than 5% by weight of the materials received during any quarter;

7. ensure that all solid and liquid materials produced as a result of the operation are managed in accordance with all other applicable regulations and approvals, including but not limited to, a beneficial use determination;

8. not allow materials, in their as-received, in-process or processed condition, to be stored for more than one year from the date of their receipt at the operation. This time limit may be exceeded in the case of storage of a processed material pending accumulation of one full container load;

9. maintain accurate records for at least three years to demonstrate compliance with 310 CMR 16.04 and submit a report to the Department annually by February 15^th on a form provided by the Department that shall include, but not be limited to, the amounts and types of organic materials received and composted and the amount of residuals managed during the previous calendar year; and

10. submit a compliance certification in accordance with 310 CMR 16.06(1).

(b) Additional Requirements for a Composting Operation. The owner and operator of a composting operation shall comply with 310 CMR 16.04(3)(a) and shall:

1. ensure that no more than 25%, by volume, of the total compost mixture shall be a Group 2 Organic Material listed at 310 CMR 16.04(3)(b): Table 1. Example of Organic Materials or other organic materials with a carbon to nitrogen ratio of 30:1or less;

2. ensure that adequate and appropriate bulking material (consisting of Group 1 organic materials listed at 310 CMR 16.04(3)(b): Table 1. Example of Organic Materials or other organic materials with a carbon to nitrogen ratio of greater than 30:1) is readily available on-site to mix with incoming Group 2 organic materials or other organic materials with a carbon to nitrogen ratio of 30:1 or less;

3. ensure that all Group 2 organic material or other organic materials with a carbon to nitrogen ratio of 30:1 or less is mixed into the compost windrows or piles to such an extent that it is unrecognizable as a separate material as soon as possible but no later than the close of business each day, or transferred off-site by the close of business on the same day that it is received at the operation; and

4. ensure timely and regular aeration of the compost to ensure proper aerobic, temperature, moisture and porosity conditions.

Table 1. Examples of Organic Materials

Table 1 Examples of Organic Materials
Group 1 Organic Materials		Group 2 Organic Materials
Example Materials	C:N ratio	Example Materials	C:N ratio
Clean wood	100-1300:1	Vegetables	11-19:1
Cardboard	560:1	Food material	14-16:1
Paper and paper products	125-850:1	Grass clippings	17:1
Leaves	40-80:1	Green plant material	15-19:1
Straw	60-80:1	Fish waste	2-5:1
Corn stalks	60-75:1	Manure	6-14:1
Shrub trimmings	50:1	Solid and liquid digestate from aerobic and anaerobic digestion processes	Variable

Source: U .S. Composting Council, Best Management Practices (B M Ps) for Incorporating Food Residuals Into Existing Yard Waste Composting Operations, p. 20. found at http://compostingcouncil.org/admin/wp-content/uploads/2010/09/BMP-for-FW-to-YW.pdf.

(c) Additional Requirements for an Aerobic or Anaerobic Digestion Operation. The owner and operator of an aerobic or anaerobic digestion operation shall comply with 310 CMR 16.04(3)(a) and shall:

1. ensure that all Group 2 organic material, listed at 310 CMR 16.04(3)(b): Table 1. Example of Organic Materials, or other organic materials with a carbon to nitrogen ratio of less than 30:1 generated off-site is delivered to the operation via sealed tank or vessel and transferred using a direct connection (e.g. hose) technology, however, this requirement does not apply to an operation that accepts less than 15 tons per day of Group 2 organic materials listed at 310 CMR 16.04(3)(b): Table 1. Example of Organic Materials or other organic materials with a carbon to nitrogen ratio of less than 30:1;

2. ensure that all handling occurs in sealed tanks or vessels, with odor controls; and

3. ensure that all organic material is either added to the active digestion system by the close of business on the same day that it is received at the operation or stored in sealed tanks or vessels, with odor controls.

Notes

310 CMR, § 16.04