State composting regulations

(NOTE: Please be aware that some of these regulations may be out of date. The link to this page has been taken off of the Composting News website pending revisions where necessary. However, it remains accessible through web searches and linked pages. If you are aware of outdated information please bring it to my attention at ken@recycle.cc)

Following is a state-by-state summary of permits and other requirements for the establishment of composting facilities and for the marketing of compost products. For more detailed information, contact your state agency listed below. Updates and additional information is welcome and encouraged. Contact us with updates and corrections at ken@recycle.cc, or call (440) 238-6603; Fax: (440) 238-6712.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Iowa
Indiana
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Pennsylvania
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
National Labeling Guidelines for Marketing Compost
Standards for Bark and Soil Products

Alabama


Contact Agency for Composting Regulations:
Michael W. Forster
Alabama Department of Environmental Management
1751 Cong. W.L. Dickinson Dr.
Montgomery, AL 36130-1463
Ph: (334) 270-5651
Fx: (334) 279-5612

Information Source:
Department of Environmental Management - Land Division Solid Waste Program Chapter 335-13-3.

Permitting for composting facilities is not required.
Composting facilities must comply with specific requirements to operate in a clean and sanitary manner. Compost must be nonpathogenic and free from offensive odors.

Alaska


Contact Agency for Composting Regulations:
Environmental Conservation Dept.
410 Willoughby Ave., Ste. 105
Juneau, AK 99801-1795
Ph: (907) 465-5180
Fx: (907) 465-5097

Alaska has no regulations relating to composting.

Arizona


Contact Agency for Composting Regulations:
Mercedes Vidan
Arizona Department of Environmental Quality
Office of Waste Programs - Solid Waste Unit
3033 North Central Ave., 6th Floor
Phoenix, AZ 85012
Ph: (602) 207-4685
Fx: (602) 207-4467
Information Source:
Waste Management Guidelines
Note: At the time of publication, composting guidelines were being revised. The department also plans to develop composting regulations in the future. The following are the current guidelines as of March 27, 1995.

All solid waste management facilities where solid waste is processed using composting technology is regulated by the DEQ and must meet the requirements of the state's Waste Management Guidelines, including composting facilities that process domestic sludge with yard waste or other solid wastes. Composting facilities are subject to an individual Aquifer Protection Permit. Exceptions are the following activities as long as they pose no public nuisance or health violation:

* - Solid waste which is composted as a volume reduction measure prior to intended disposal;
* - Backyard composting;
* - Normal farming operations or on-site disposal of yard waste or manure;
* - Composting of less than 3,000 cubic yards of yard waste or manure pre year provided acceptable methods of composting are used. The composting of yard waste into other usable materials such as mulch is not considered composting.

Specific operational requirements to reduce pathogens are set for composting solid waste that possesses a pathogen concern, such as sewage sludge.
Finished compost must contain no sharps and must be sufficiently stable that it can be stored or applied to land without producing a nuisance problem. All bagged compost must contain a label that indicates, at a minimum, the type of waste the compost was derived from; any restriction on the use of the product; and recommended safe uses and application rates. For bulk sale of compost, printed literature or signs must be available containing this information.
The Office of the State Chemist within the Department of Agriculture may have jurisdiction over the final product and must be contacted to determine its requirements.
Compost is classified as Class I, Class II and Class III based on the foreign matter content, particle size, heavy metal content and other criteria. Class I compost has unrestricted use; Class II compost cannot be used on crops grown for direct human consumption but can be used by the public, for food- chain crops and other agricultural and horticultural uses; and Class III compost is restricted to use on non-agricultural lands.

Arkansas


Contact Agency for Composting Regulations:
Mike Hood
Pollution Control and Ecology Dept.
Solid Waste Division
8001 National Drive
PO Box 8913
Little Rock, AR 72219-8913
Ph: (501) 682-0744
Fx: (501) 562-2541

Backyard composting and operations that compost less than 50 tons a year of yard trimmings, silvaculture and agricultural waste are exempted from permitting, but must give written notice to the department. On-site agricultural composting operations and on-site nursery waste operations are also exempt from permitting.
There are three classes of composting facilities:

Type Y facilities process only yard trimmings;
Type O facilities process only source-separated organic wastes, including yard trimmings;
Type S facilities process mixed solid waste, including household and commercial waste.

Facilities that compost sewage sludge with yard trimmings or other organics are classified as Class O and facilities that compost sludge with mixed solid waste are classified as Class S.
Compost exceeding state limits for heavy metals and other contaminants may be used only as authorized by the department or it must be disposed. Compost offered for sale or distribution must contain a label indicating recommended safe use and application rates and restrictions on the use of the product. If the compost is distributed in bulk, signs or printed literature must accompany the product.

California


Contact Agency for Composting Regulations:
Lanny Clavecilla
California Integrated Waste Management Board
8800 Cal Center Dr.
Sacramento, CA 95826
Ph: (916) 255-2296
Fx: (916) 255-2220

NOTE: California is in the process of developing regulations for siting composting facilities and for compost product standards.

Currently, state law requires all solid waste facility operations, including composting operations, to obtain solid waste facility permits.
The California Integrated Waste Management Board has been working on special composting site regulations with simplified rules to make it easier to cite composting facilities, especially those deemed less problematic. Draft regulations called for a tiered system of permitting requirements that would range from no requirements ("exlusion") for backyard/community composting projects under a certain size, as well as biomass facilities, mushroom farms and vermicomposting operations, up to full solid waste facility permits for mixed solid waste composters. In between, three levels are proposed:

Sites that sell or distribute compost made from agricultural sources must notify the state of its operation;
Agricultural sites that compost 2,500 to 10,000 cubic yards a year of municipal green material or sewage sludge must register with the state;
Agricultural composting operations that process more than 10,000 cubic yards per year of green material to sell or give away require a special standardized permit.

CIWMB is also working on compost quality standards that will set limitations to the concentration of metals and other contaminants that can be contained in compost used for agricultural applications.



Colorado


Contact Agency for Composting Regulations:
Glenn Mallory, Section Chief
Colorado Dept. Pulic Health & Environment
Solid Waste Section
4300 Cherry Creek Dr. S
Denver, CO 80222-1530
Ph: (303) 692-2000
Fx: (303) 620-4288

Note: At the time of publication, composting regulations were being revised.

Composting sites are regulated per regulations pertaining to solid waste disposal sites (6 CCR 1007-2) and CRS 30-20-100.S (Solid Waste Act). Draft regulations are available (State minimum solid waste criteria currently apply) and a new draft was expected to be out shortly after June 1995.
Compost offered for sale must meet the requirements of the Colorado Department of Agriculture. Sewage sludge compost must conform to state biosolid regulations. Colorado has three grades of sludge compost based on contaminant levels. Class I has unrestricted use, while Class II and III have limits on public exposure.

Connecticut


Contact Agency for Composting Regulations:
Casey Alexander
Department of Environmental Protection
Division of Waste Planning and Standards
79 Elm St.
Hartford, CT 06106
Ph: (203) 424-3365
Fx: (203) 566-4924

Note: At the time of publication, leaf composting regulations were being revised.

With respect to solid waste management permits, composting is considered a volume-reduction activity. A composting facility requires a solid waste reduction permit only if the processing capacity of the facility exceeds 1 ton per hour. Stockpiling of raw organic materials on-site for longer than 45 days constitutes disposal and requires all appropriate disposal facility permits.
Composting facilities that process only leaves and sheet leaf composting activities are exempt from solid waste permits provided proper notification is made to the commissioner of the Department of Environmental Protection. The need for a waste water discharge permit is decided on case-by-case basis.
Composting of biosolids requires a National Pollutant Discharge Elimination System permit for on-site generated material and off-site material requires s Solid Waste Volume Reduction permit. Both on-and off-site facilities require federal EPA 503 permits.

Delaware


Contact Agency for Composting Regulations:
Dave Johnson
Department of Natural Resources and Environmental Control
Division of Air and Waste Management
Solid Waste Management Branch
89 King's Highway
PO Box 1401
Dover, DE 19903
Ph: (302) 739-3820
Fx: (302) 739-5060
Exemptions to the Delaware Regulations Governing Solid Waste are granted for disposal on a farm of the agricultural wastes generated on the farm and composting on a private property or leaves and vegetative waste originating on the property. For all other composting operations, written approval must be obtained from the department prior to commencing the operation. To obtain an approval, an operator must submit to the department a plan of operation indicating the the operator understands the principles of proper composting and has the intention and capability of applying those principles to the operation and that the operation has a market for the finished product.
Delaware recognizes one grade of sewage sludge which must meet contaminant standards to obtain unrestricted use. Regulations on composting and land- applying sewage sludge are managed by the Water Resources Division, at (302) 739-5731.

Florida


Contact Agency for Composting Regulations:
Francine Joyal
Department of Environmental Protection
2600 Blair Stone Road, MS 4565
Tallahassee, FL 32399-2400
Ph: (904) 488-0300
Fx: (904) 921-8061

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:

Dale Dubberly
Department of Agriculture and Consumer Services
Bureau of Feed, Seed and Fertilizer Inspection
3125 Conner Blvd.
Tallahassee, FL 32399-1650
Ph: (904) 488-8731

Information Source:
Composting Regulations (Ch. 62-709)

Note: At the time of publication, composting regulations were being revised. Final revision is expected to be complete in 1996. Following are the current regulations:

Composting facilities require permitting with the exception of backyard composting, normal farming operations where the material stays on-site and the processing of yard materials into mulch and similar usable materials. Facilities processing up to 3,000 cubic yards per year of yard waste or manure can operate with a general permit with less stringent operating requirements.
Compost is classified based on the type of waste processed, product maturity, foreign matter content, particle size, organic matter content and heavy metals concentration. The classifications are:

Type Y is made only from yard waste and is mature or semi-mature, and is fine, medium or course.
Type YM is made from manure or yard waste and is mature or semi-mature and is fine, medium or course.
Type A is made from solid waste other than only yard waste and manure and must be mature and fine.
Type B is made from solid waste other than only yard waste and manure and must be mature or semi-mature and must be fine or medium.
Type C is made from solid waste and must be mature or semi-mature and fine, medium or course.
Type D is made from solid waste or only yard waste or manure, and must be fresh and fine, medium or course.
Type E is made from solid waste other than only yard waste or manure and meets a certain metals content range.
All of the above have varying degrees of allowable metal concentrations. Types Y, YM and A have unrestricted distribution. Types B and C are restricted to use by commercial, agricultural, institutional or governmental operations, but only Type B can be used in areas of public contact. Type D can only be at landfills or land reclamation projects where contact with the general public is unlikely. Type E is restricted to disposal unless it is demonstrated that it will not endanger the public or environment.

Georgia


Contact Agency for Composting Regulations:
Jeff Cowan
Georgia Dept. of Natural Resources
4244 International Parkway, Suite 104
Atlanta, GA 30354
Ph: (404) 362-2692
Fx: (404) 362-2693

Yard waste composting is exempt from solid waste management rules. If municipal solid waste or sewage sludge are composted, a solid waste handling permit is required.
Regulations for selling or marketing compost are handled by the Georgia Department of Agriculture. If nutrient-content claims are made, the material falls under the rules of the state Fertilizer Act. Any other claims are subject to the state's Plant Food Act.

Hawaii


Contact Agency for Composting Regulations:
State of Hawaii Department of Health
Office of Solid Waste
PO Box 3378
Honolulu, HI 96801
Ph: (808) 586-4240
Fx: (808) 586-7509

There are no regulations for selling or marketing compost. Compost made from sewage sludge must comply with federal EPA 503 regulations.
Land use permits for commercial compost facilities vary from county to county. Operators of facilities that will accept off-site material should contact the Office of Solid Waste Management.

Idaho


Contact Agency for Composting Regulations:
Tom Turco
Idaho Department of Health and Welfare
Central District Health Dept.
Division of the Environment
707 N. Armstrong Place
Boise, ID 83704
Ph: (208) 327-8520
Fx: (208) 327-8500

Composting in Idaho is regulated under statewide regulations implemented at a local level by each of seven district health departments serving the state's 44 counties. Industrial, sewage sludge disposal and agricultural practices may or may not fall under the regulations demanding on the operation and site. Interested parties are requested to contact the jurisdictional health department for the county in which the activity is proposed for specific requirements and a pre-application meeting.
The state's Department of Agriculture regulates sales of compost sold as fertilizer if sold at retail.

Illinois


Contact Agency for Composting Regulations:
Cyrus Rastegar
Illinois Environmental Protection Agency
Bureau of Land
2200 Churchill Road
Springfield, IL 62794
Ph: (217) 524-3300
Fx: (217) 524-3291

Information Source:
Regulation of Landscape Waste Compost Facilities 35 Ill. Adm. Code 830-832
Pertinent Legislation:
35 Illinois Administrative Code 830-832

There are three classes of regulated facilities which are exempt from permitting requirements: On-site facilities which do not offer compost for off- site sale or use (also exempt from performance and end-product quality standards); Commercial on-site facilities which sell their product for off-site use (not exempt from product and performance standards); and On-farm landscape waste facilities (must conform to general performance standards). All other facilities must be permitted.
There are two classifications of end-product compost: General use compost which conforms to criteria to ensure that it will not pose a threat to health or environment when used as a soil amendment; and Designated use compost, which fails to meet those criteria.
Applicable facilities must be in compliance with Illinois composting regulations by Nov. 10, 1995

Iowa


Contact Agency for Composting Regulations:
Julie Nelson
Iowa Dept. of Natural Resources
Waste Management Assistance Division
900 E. Grand Ave.
Des Moines, IA 50319-0034
Ph: (515) 281-8499
Fx: (515) 281-8895

There are two types of composting facilities recognized in Iowa: Yard waste composting facilities, which can operate without a permit providing they operate within state composting rules; and Solid waste composting facilities, which include any other material used in addition to or other than yard waste and require a permit. Before opening a yard waste composting facility the operator must notify the department in writing. Iowa prohibits landfill disposal or incineration of yard waste. Tree chipping facilities and facilities that compost only manure, animal bedding or crop residues are exempt from solid waste composting regulations.
If finished compost is to be offered for sale as a soil conditioner or fertilizer, the compost must be registered with the Department of Agriculture and Land Stewardship under Code chapter 200, Iowa Fertilizer Law. The state has standards for compost application rates, from which compost made solely from yard waste is exempt.

Indiana


Contact Agency for Composting Regulations:
Debbie Baker
Office of Solid and Hazardous Waste Management
Solid Waste Division
100 N. Senate Ave., PO Box 6015
Indianapolis, IN 46206-6015
Ph: (317) 233-0066
Fx: (317) 232-3403

Information Source:
Indiana Yard Waste Solutions, by Indiana Department of Environmental Management and the Indiana Recycling Coalition.
Pertinent Legislation:
House Enrolled Act 1240 (1990) required counties to form solid waste management districts and develop 20-year solid waste management plans.
Senate Enrolled Act 25 (1992) banned landfill disposal of yard waste after Sept. 30, 1994.
Senate Enrolled Act 632 (1993) establishes rules for siting yard waste composting facilities.

Indiana banned yard trimmings from landfills effective Oct. 1, 1994. The law bans all vegetative matter resulting from landscaping maintenance and land clearing projects.
Yard waste composting facilities must be registered with the Indiana Dept. of Environmental Management. Exceptions are on-site composting; operations that process less than 2,000 pounds per year; and temporary storage facilities.
Indiana has separate rules for the land application of sludges and stabilized biosolids. Information on these rules can be obtained from the Department of Environmental Management - Office of Solid and Hazardous Waste.
Indiana does not have specific requirements to address the land application of uncontaminated, separated yard waste to the soil.
If a compost is labeled simply as a soil conditioner or amendment, it is not subject to Indiana's fertilizer laws. Compost materials marketed as fertilizer must be registered and must have a guaranteed analysis. Any claims that the compost product aids in the promotion of plant growth will be subject to the state's fertilizer laws, which are enforced by the Fertilizer Department of the State Chemist's office.

Kansas


Contact Agency for Composting Regulations:
Ken Powell
Kansas Dept. of Health and Environment
Division of Environment
Forbes Field, Bldg 740
Topeka, KS 66620-1121
Ph: (913) 296-1121
Fx: (913) 296-1592

A yard debris landfill is scheduled to go into effect January 1, 1997.

Kansas has separate permits for solid waste composting and yard waste composting facilities. Sludge composting is regulated under federal 503 regulations. There are no current regulations for composting of livestock manure. There are no regulations for compost quality.

Kentucky


Contact Agency for Composting Regulations:
Mark Crim
Dept. for Environmental Protection
Division of Waste Management
Solid Waste Branch
14 Reilly Road
Frankfort, KY 40601-1190
Ph: (502) 564-6716
Fx: (502) 564-2225

Information Source:
Kentucky Division of Waste Management

Pertinent Legislation:
401 KAR 48:200 regulates solid waste composting programs as well as landfarming of Class I, Class II and Class III solid waste

Persons who wish to compost or landfarm special waste, i.e. water and waste water treatment sludge, Type A sludge or Type B sludge or other special waste must apply for a landfarming or composting permit. Persons who wish to compost solid waste must register with the Division of Waste Management.
The Division of Waste Management issues permits for disposal sites and landfarming operations. A permit is required for the management, processing or disposal of special wastes, which includes waste water sludge. A formal permit is required for composting of special wastes. Some facilities may be covered by a registered Permit-by-Rule. Other permits may be required for storm water discharges, etc.
Kentucky has three classes of solid waste compost which are differentiated by content of heavy metals and other contaminants. If any fertilizer or soil conditioning claims are made concerning the final product of compost, the notification must be made with the Division of Regulatory Services, at the University of Kentucky.

Louisiana


Contact Agency for Composting Regulations:
Adriana Lopez
Louisiana Dept. of Environmental Quality
Solid Waste Division
PO Box 82178
Baton Rouge, LA 70884-2178
Ph: (504) 765-0249
Fx: (504) 765-0299
(NOTE: DEQ handles permitting for all operations except agricultural or silvacultural operations. For permitting information on those, call the Department of Agriculture, at (504) 925-3770.

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Louisiana Dept. of Agriculture
Ph: (504) 925-3770

Composting operations require a Type 3 solid waste permit which must be applied for under the supervision of a Louisiana-licensed registered engineer. Operators must be certified as solid waste disposal system operators by the state. Operations that produce high-quality compost may be eligible for a Beneficial Use Permit from the DEQ. Beneficial USe Permits are granted on a case-by-case basis. Composting facilities which receive septage or sewage sludge must have the waste tested for toxicity characteristics leachate procedure (TCLP). Composting methods must be aerobic.
If compost is to be used exclusively for application to non-food chain cropland, the criteria for a process to significantly reduce pathogens must be met. Otherwise, the facility must meet the criteria for a process to further reduce pathogens.
Five classes of compost are defined based on the type of material processed, compost maturity, particle size and organic matter. Compost maturity is categorized into four classes: fresh organic matter (raw material before undergoing decomposition); fresh compost (organic matter that has been through the thermophilic stage and has undergone partial decomposition); semimature compost (compost material that is at the mesophilic stage); and mature compost (a highly-stabilized product that results from exposing compost to a prolonged period of humidification and mineralization beyond the stage of maturity. Mature compost must cure for at least 60 days after maturity os achieved.
All distributed compost must be accompanied by a label or leaflet which indicates, at a minimum, the type of waste the compost was derived from, any restriction on the use of the product and recommended application rates.

Maine


Contact Agency for Composting Regulations:
Department of Environmental Protection
Bureau of Solid Waste Management
State House 17
Augusta, ME 04333
Ph: (207) 287-2651

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Jean Tenney
Maine Department of Agriculture
Division of Regulations
State House Station 28
Augusta, ME 04333
Ph: (207) 287-3219

Note: At the time of publication, composting regulations were being revised. Contact the Maine DEP for information. The current rules as of June 1, 1995 are summarized below for reference.

Composting facilities require a permit, with the exception of: home and nursery composting of vegetative wastes generated on-site and consisting of less than 75 cubic yards annually; composting of food and fish wastes generated on site in volumes less than 30 cubic yards annually; and the composting of manure generated on-site in volumes of less than 10,000 cubic yards annually.
Type I sludges and residuals, including food and fish waste, can operate with a permit-by-rule (reduced procedure permit) for processing of 30 to 500 cubic yards a year. More than 500 cubic yards requires a general permit.
Type IA sludges and residuals, including yard trimmings, can operate with a permit by rule for processing of 75 to 6,000 cubic yards per year on a site of less than two acres. A general permit permit is required for processors of more than 6,000 annual cubic yards per year. A general permit is also required for manures in excess of 10,000 cubic yards per year.
Facilities wishing a permit-by-rule must make an application to the Maine DEP with an abbreviated form.

Maryland


Contact Agency for Composting Regulations:
Department of the Environment
2500 Broening Hwy.
Baltimore, Md. 21224
Ph: (301) 631-3084

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Maryland Dept. of Agriculture

Information Source:
House Bill 1088, March 19, 1992
Pertinent Legislation:
House Bill 1088, March 19, 1992

Permits are required for composting/mulching of municipal solid waste, sewage sludge and natural wood waste, such as trees and stumps. Facilities that compost source-separated yard waste are exempted from permitting. The Maryland Department of Agriculture overseas the marketing and distribution of compost products.
People who wish to compost sewage sludge



Maryland has limits on public exposure to sludge-based compost.

Massachusetts


Contact Agency for Composting Regulations:
Sumner Martinson
Department of Environmental Protection
1 Winter St.
Boston, MA 02108
Ph: (617) 292-5969
Fx: (617) 556-1049

Information Source:
Site Assignment Regulations for Solid Waste Facilities
Pertinent Legislation:
Code of Mass. Regulations 310 CMR 32.00

The following composting and related operations and activities are exempt from state solid waste site assignments provided the operation incorporates good management practices:

* - Backyard composting;
* - Leaf composting operations;
* - Agricultural waste composting, including the processing of compostables as long as the operation is registered and complies with the policies of the Department of Food and Agriculture;
* - Composting on industrial, commercial or institutional sites which composts less than one ton per week;
* - Other conditionally exempted operations, including residential disposal of waste wood, and wood chipping and shredding operations.
However, the DEP requires that all municipal and commercial leaf and yard waste composting operations register with the DEP for the purposes of ensuring that the operations are sited and operated in a way that doesn't cause negative environmental impacts or nuisance conditions. Guidelines for sound operation are provided in the DEP Leaf and Yard Waste Composting Guidance Document.
Sludge, septage and compost are classified into three categories by the Department of Environmental Quality Engineering based on such variables as concentration of heavy metals:

* - Type I may be used, sold or distributed on any site without further approval of the department and may be used for growing vegetation.
* - Type II may be used, sold or distributed on a site only with prior approval of the department and may be used for growing vegetation.
* - Type III may be used, sold or distributed for land application on a site with prior approval of the department. It may be used for growing vegetation not including direct food chain crops and whose land application to a site must be recorded in the registry of deeds in the chain of title for the site.

An approval of suitability issued by the department is required for the use or sale of compost or sludge for beneficial purposes. Material sold as fertilizer is subject to regulations of the state's Food and Agriculture Department.

Michigan


Contact Agency for Composting Regulations:
Matt Flechter
Michigan Department of Environmental Quality
PO Box 30241
Lansing, MI 48909
Ph: (517) 284-6584
Fx: (517) 373-4797

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Ken Rauscher
Michigan Dept. of Agriculture
PO Box 30017
Lansing, MI 48909
Ph: (517) 373-9753

Yard Clippings composting facilities must comply with Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). Details can be found at the following website http://www.michigan.gov/deq/0,1607,7-135-3312_4123-185537--,00.html. Compost that is sold with a performance claim must register the product with the Michigan Department of Agriculture and rural development. Details at the following website http://www.michigan.gov/mdard/0,4610,7-125-1569_16993_19405---,00.html.

Minnesota


Contact Agency for Composting Regulations:
Roberta Wirth
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155
Ph: (612) 296-7384
Fx: (612) 295-9707

The operator of a yard waste compost facility must notify the commissioner by letter before beginning operation of the facility and must comply with yard waste facility operation requirements. Particular requirements include the turning of the material and the maintenance of proper temperatures.
The operator of a solid waste composting facility must maintain a record of the characteristics of the waste, sewage sludge and other materials, including bulking agents being composted. An annual report must be submitted. A periodic analysis must be done to determine the concentration of heavy metals and other contaminants. Operators must prepare an operations manual which lists allowable end uses for the compost produced at the facility.
Compost may be classified as Class I or Class II based on thee following: Class I compost must not contain a specified concentration of specific heavy metals and other contaminants. Class I compost may not be made from sewage sludge. Class I compost must be stored for six months or until the compost is mature, meaning that more than 60 percent decomposition must have been achieved.
Compost distributed or marketed as a commercial fertilizer, specialty fertilizer, soil amendment or plant amendment must be registered with the Minnesota Department of Agriculture.
Class II compost is any compost produced from a process including sewage sludge or fails to meet the Class I standards.
Class I compost may be distributed for unrestricted use. Class II compost may be distributed on a restricted basis to be determined by the commissioner.
For more information on required permits, call the Bureau of Business Licenses, (612) 296-3871.

Mississippi


Contact Agency for Composting Regulations:
Billy Warden
Mississippi Dept. of Environmental Quality
2380 Hwy. 80 W.
PO Box 20305
Jackson, MS 39289-1305
Ph: (601) 961-5002
Fx: (601) 354-6612

Composting facilities require a permit, with exemptions for backyard composting, backyard vermicomposting and normal farming operations. Composting facilities that process less than 25 tons per day of yard waste or rubbish are not required to get a permit, but must fill out a notification form.
Testing of compost must be done every 20,000 tons or every three months and reported to the state. Tests are to be done to determine contaminant content, pH, etc.
Compost is classified based on the type of waste processed, product maturity, particle size, moisture content and chemical quality. Categories are:

Class I - Compost made from yard waste and/or rubbish, which is mature or semi-mature and fine to coarse. No analytical testing is required. Class I compost has unrestricted distribution.
Class II - Compost made from sewage sludge or yard waste/ rubbish mixed with sewage sludge, which is mature, fine and has a good chemical quality. Class II compost has unrestricted distribution.
Class III - Compost made from household garbage or other solid waste with similar properties, which is mature, fine and has a good chemical quality. Class III compost is restricted to use by commercial, agricultural, institutional or governmental operations. It may be used in areas of contact by the general public.
Class IV - Compost made from household garbage or other solid waste which is mature or semi-mature, fine or course and has a good chemical quality. It has the same use restrictions as Class III compost but may not be used in areas of contact with the general public.
Class V - Compost made from any solid waste or that has a poor chemical quality. It may be used only for landfill cover.

Missouri


Contact Agency for Composting Regulations:
Kathy Weinsaft
Missouri Department of Natural Resources
Solid Waste Management Program
PO Box 176
Jefferson City, MO 65102
Ph: (314) 751-5401
Fx: (314) 526-3902

Information Source:
Technical Bulletin: Prohibition of Yard Waste in Landfills and Composting Facility Guidelines, by the Solid Waste Management Program
Pertinent Legislation:
Senate Bill 530 set a 40 percent reduction goal in landfill disposal of solid waste.
Missouri Law Section 260.250 banned yard waste from landfills after Jan. 1, 1992

Facilities which compost source-separated materials do not require a solid waste permit provided they do not create pollution, cause a public nuisance or adversely affect public health. Prior to composting at a solid waste disposal site, the operator must notify the Solid Waste Management Program in writing.
Centralized composting sites may require water quality permits depending on the size of the facility. A National Pollutant Discharge Elimination System permit is required if sewage sludge, agricultural wastes or other solid wastes are intended to be composted regardless of the size of the site.
Composted yard waste may be regulated under the provisions of the Fertilizer Law (266.291 RSMo) or the Soil Conditioner Law (Section 266.361 RSMo) depending on how it is labeled and other factors. Information can be obtained from the Fertilizer Control Services Division of the Agricultural Experiment Station, University of Missouri (314) 882-0007 or the Plant Industries Division of the Missouri Department of Agriculture, (314) 751-2461.
Montana
Contact Agency for Composting Regulations:
Laura Dando
Montana Department of Health and Environmental Sciences
Waste Management Division - Solid Waste Program
2209 Phoenix Ave., PO Box 200901
Helena, MT 59620-0901
Ph: (406) 444-1430
Fx: (406) 444-1499

Information Source:
Final State of Montana Integrated Solid Waste Management Plan, July 1994
Administrative Rules of Montana, 16.14.401
Pertinent Legislation:
Administrative Rules of Montana, 16.14.401

Note: At the time of publication, composting regulations were being revised and are expected to be completed by the fall of 1995. Following are the current rules as of May 17, 1995.

All solid waste management facilities, including large composting facilities, must be licensed by the state. Small composting facilities of less than two acres in area, processing less than 10,000 cubic yards and less than 1,000 tons of annual production and accepting only yard waste from more than one source, do not need licenses. However, they must register with the state and are subject to inspection by the department.
The Solid Waste Management Program does not charge additional fees for simple windrow yard waste operations situated at municipal solid waste landfills.
Montana taxpayers who buy Montana-made organic fertilizer for use in Montana may deduct 100 percent of the cost of that fertilizer against their state income taxes.

Nebraska


Contact Agency for Composting Regulations:
Dave Johnson
Nebraska Department of Environmental Quality
Integrated Waste Management Section
PO Box 98922
Lincoln, NE 68509-8922
Ph: (402) 471-2186
Fx: (402) 471-2909

Information Source:
Title 132 - Integrated Solid Waste Management Regulations

Depending on the amount and type of materials composted, responsible persons may need to provide notification to operate a composting facility.
A permit is required for sites receiving more than 100,000 cubic yards per year of yard waste; more that 1,000 cubic yards of material other than yard waste or livestock waste; or more than 20,000 cubic yards of livestock waste other than what is generated by the property owner.
Notification to DEQ is required for sites receiving between 20,000 and 100,000 cubic yards per year of yard waste; or between 1,000 and 20,000 cubic yards per year of livestock waste other than that generated by the property owner.
Neither a permit nor notification is required for sites receiving less than 20,000 yards per year of yard waste; 1,000 cubic yards of any solid waste; or livestock waste generated and composted at the owner's operation when that operation is in compliance with Title 130.
Labeling and marketing of compost falls under the jurisdiction of the Department of Agriculture, (402) 471-2341.

Nevada


Contact Agency for Composting Regulations:
Bonnie Crossley
Department of Conservation
Division of Environmental Protection
Solid Waste Branch
333 W. Nye Lane, Room 119
Carson City, NV 89710
Ph: (702) 687-4670, Ext. 3003
Fx: (702) 687-5856

Information Source:
Nevada Administrative Code 444.670
Pertinent Legislation:
Nevada Administrative Code 444.670

Compost plant siting requires approval of the solid waste management authority and must meet specified siting criteria.
Nevada has no regulations regarding the marketing of compost.

New HampNew Hampshire


Contact Agency for Composting Regulations:
Sherry Godlewski
N.H. Department of Environmental Services
Waste Management Division
6 Hazen Drive, PO Box 95
Concord, NH 03301-6509
Ph: (603) 271-3712
Fx: (603) 271-2456
Information Source:
N.H. Department of Environmental Services - Waste Management Division
State permitting rules (Chapter Env-Wm 300)

Composting facilities may be eligible for permit-by-rule, avoiding permitting requirements for solid waste facilities. The following operations are eligible for permit-by-rule provided the facility complies with the state's Universal Environmental Performance Standards (Env-Wm 308):

* Composting facilities at which only yard waste and/or animal manure are processed;
* Facilities which compost only kitchen and/or yard wastes generated at the same location, for example, home composting operations;
* Farms which compost their own farming operation residuals so as to produce Class AA compost (see below);
* Facilities which compost sludge and/or septage alone or mixed with an approved bulking agent, which facilities shall comply with Env-Ws 800.

New Hampshire has three class designations for compost:

* - Class AA: Stable, humus-like substance which is derived from a process involving the biological decomposition of plant debris from yard waste, including trees, stumps and grass clippings. Class AA compost may be used for any purpose.
* - Class A: Finished compost that is sufficiently stable that it does not reheat upon standing to greater than 20-degree C above ambient temperature and does not contain greater than a specified limit for heavy metal and other contaminants. The particle size must not exceed 10 millimeters, must not contain glass, metal or plastic of a size and shape that can cause injury and must meet other criteria specified in the state rules. Class A compost may not be used on crops for direct human consumption; but may be used on food-chain crops. It may also be used for forest land, land reclamation, landscaping, nurseries and home applications.
* - Off-spec compost: Compost that does not meet Class AA or Class A criteria shall be managed as residual waste and must not be applied to land. Compost that is off-spec only because of partial size may be used for landfill capping.

All Class AA and Class A compost must be clearly marked to show its classification and must show the following whether it is sold in bags or in bulk: Type of waste from which derived; Use restriction; Recommended safe uses; Application rates; Contaminant levels and allowable contaminant levels.
Compost produced out-of-state which does not meet Class AA or Class A criteria, or which is produced by a facility that has not complied with the regulatory requirements for the state in which it is produced will be deemed as solid waste in New Hampshire.

New Jersey


Contact Agency for Composting Regulations:
Tim Bartle
New Jersey Dept. of Environmental Protection
Division of Solid and Hazardous Waste
Bureau of Resource Recovery
840 Bear Tavern Road CN414
Trenton, NJ 08625
Ph: (609) 530-8005
Fx: (609) 530-8899

All solid waste collection and disposal facilities must be permitted, but there is an exemption for leaf-only composting facilities and mulching operations. All facilities must be registered. All municipally-collected leaves must be taken to a composting facility, a farm mulching facility or a recycling center.
Leaf composting facilities located on agricultural or horticultural lands are subject to an annual inspection by the Soil Conservation District. Farm mulching operations are not registered with the state but are incorporated within individual district solid waste management plans.
There are no compost quality standards for leaf compost. Other solid waste compost would fall under federal 503 regulations for sewage sludge compost.
Sewage sludge composting is regulated by the Bureau of Pretreatment and Residuals of the DEP under the Wastewater Facilities Regulation Program. Sludge compost must comply with Federal 503 regulations.
If compost product is labelled with performance claims, the product must be registered with the New Jersey Dept. of Agriculture.

New Mexico


Contact Agency for Composting Regulations:
Gary Baker
New Mexico Dept. of Health and Environment
Environmental Improvement Division - Solid Waste Bureau
1190 St. Francis Dr.
Sante Fe, NM 875023
Ph: (505) 827-2780
Fx: (505) 827-2902

Composting facilities are exempt from state solid waste permits if they are less than five acres and don't use sewage sludge. Exemptions to solid waste regulations also apply to in-site agricultural composting and home composting. Sludge compost that meets federal 503 regulations is exempt from state sludge disposal regulations.

New York


Contact Agency for Composting Regulations:
Sally Roland
New York State Department of Environmental Conservation
Division of Solid Waste
50 Wolf Road
Albany, NY 12233-4010
Ph: (518) 457-1283
Fx: (518) 457-6603

Information Source:
6 NYCRR Part 360 Solid Waste Management Facilities, Oct. 9, 1993

The state regulates the construction and operation of sludge, solid waste and yard waste composting facilities. Permits from the department are required. Exemptions are facilities composting less than 3,000 cubic yards and yard waste per year; and facilities processing only food waste and animal manure which satisfy certain conditions, including written notification to the department.
Sludge and solid waste may be composted using windrows, aerated static pile or in-vessel methods in which the temperature reaches at least 55 degrees C for at least three consecutive days. Compost can be classified as Class I or Class II, depending upon concentration of heavy metals, particle size and other contaminants and other criteria. Class I compost can be distributed for use by the public, used on food chain crops and other agricultural and horticultural uses. Class II is restricted to use on non-food chain crops.
Compost that is bagged must contain a label which indicates the type of material the compost was derived from, any restriction on the use of the product and recommended safe uses and application rates. For bulk sales of compost, printed literature or signs must be available containing the same information.
The state regulates construction and operation of land application facilities for septage, sewage sludge, food processing waste and other sludges and solid waste. Operators who want to start such a facility must apply to the department for a permit. Exceptions are land application facilities at which only the following waste is applied to the soil: vegetative residuals from food processing activities that are visibly recognizable as a part of the plant or vegetable if that waste is used as a fertilizer, soil conditioner or animal feed supplement in normal farming operations. An exception is also granted for non-recognizable food wastes as long as certain conditions are met.

North Carolina


Contact Agency for Composting Regulations:
Ted Lyon
Department of Environment, Health and Natural Resources
Solid Waste Management Section
PO Box 27687
Raleigh, NC 27611-7687
Ph: (919) 733-0692, (X253)
Fx: (919) 733-4810

Information Source:
North Carolina Solid Waste Management Rules, amended Jan. 4, 1994

Note: At the time of publication, North Carolina was in the process of reviewing compost rules. Changes were anticipated in the requirements for composting source-separated organics and in how compost is classified.

Permits are required for composting facilities except for yard waste facilities which process and store less than 6,000 cubic yards of material quarterly. The Solid Waste Management Division does not regulate the composting of agricultural and silvacultural waste that is generated, composted and used on the farm where the material was produced.
In addition to yard waste facilities of less than 6,000 cubic yards, other exemptions from permitting are backyard composting; farming operations where on-site generated materials are processed and the product is not offered to the public; and facilities storing or producing mulch from untreated wood waste under certain conditions.
Compost made from yard waste or yard waste mixed with agricultural or silvacultural waste, which meets certain criteria, has unrestricted applications and distribution if directions are provided with the compost product. Compost must be registered with the North Carolina Department of Agriculture if the producer intends to sell it as a fertilizer.
MSW compost is classified into three categories based on its physical and chemical properties and degree of stabilization. The classifications are:
Unrestricted grade compost has unlimited, unrestricted distribution and may be distributed to the public;
Restricted professional grade compost is restricted to commercial, agricultural or governmental operations;
Restricted land application grade is restricted to distribution for land and mine reclamation, silvaculture and agriculture (on non-food chain crops) projects.
If the producer intends to market the product as a mulch and does not register it with the Agriculture Department, instructions must be provided for the user about recommended safe uses and application rates.

North Dakota


Contact Agency for Composting Regulations:
Bill Gunnerson
North Dakota State Department of Health
Bureau of Waste Management
PO Box 5520
Bismarck, ND 58506-5520
Ph: (701) 328-5166
Fx: (701) 328-5200

Information Source:
Solid Waste Management Rules of the State of North Dakota
Pertinent Legislation:
North Dakota Administrative Code Article 33-20

All composting facilities must comply with location standards and operating standards contained in the Solid Waste Rules of the State of North Dakota. The operator of a waste pile for composting only grass and leaves and is operated for less than 10,000 people, can operate on a permit-by-rule and is deemed to have obtained a solid waste management facility permit without applying for it as long the operation is operated in compliance with the standards identified above.

Ohio


Contact Agency for Composting Regulations:
Ohio Environmental Protection Agency
Division of Solid and Infectious Waste Management
2305 Westbrooke Dr., Bldg. C
Columbus, Ohio 43228-9644
Ph: (614) 728-5339
Fx: (614) 728-5315

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Bill Goodman
Ohio Department of Agriculture
Feed and Fertilizer Section
8995 E Main St.
Reynoldsburg, OH 43068
Ph: (614) 466-2732

Information Source:
Solid Waste Composting Regulations, June 1, 1992
Pertinent Legislation:
H.B. 592, June 24, 1988

Ohio restricts the disposal of yard trimmings at landfills and incinerators since December 1994.
Solid waste composting facilities are classified according to the type of materials received and the size of the facility. Class I facilities may receive any solid waste and require a permit prior to construction and a license. Class I composting facilities must dispose of all composted solid waste at a licensed solid waste disposal facility unless the facility obtains prior OEPA approval of an alternative use.
Class II facilities can receive only yard trimmings and/or animal waste along with certain bulking materials if the Ohio EPA approves them. Separated organics can also be processed with Ohio EPA approval. Class II facilities must be registered with OEPA and require a license.
Class III facilities may receive only yard trimmings and/or animal waste along with specified bulking agents. Class III facilities must register with the OEPA and are limited to 15,000 square yards of area.
Class IV facilities may accept only source-separated yard trimmings and specified bulking agents. Registration with OEPA is required.
Yard trimmings compost from Class II or III facilities may be distributed for general use as a compost upon sampling and testing for specified constituents. A summary of the compost analysis must be made available to the recipient when the compost is distributed.
The state is in the process of creating compost quality standards which are expected to be in effect by next spring.
If a compost producer makes certain claims about product performance, the product must be registered with the Ohio Department of Agriculture.

Pennsylvania


Contact Agency for Composting Regulations:
Department of Environmental Resources
Bureau of Waste Management
400 Market St, 14th Floor
Harrisburg, PA 17101-7381

Information Source:
Commonwealth of Pennsylvania Code, Title 25, Environmental Resources

An operator of a yard waste composting facility can avoid getting a composting facility permit can do so by making a notification to the Environmental Resources Dept. Prior to sale, utilization or disposal of compost, the operator must provide the department with a written chemical analysis of the compost. If the department determines that the compost has the potential for causing pollution, the compost must be disposed of at a permitted disposal facility.
A permit is required for land application of sewage sludge.
There are no rules regulating the end-use of compost.

Oklahoma


Contact Agency for Composting Regulations:
Jim Warram
Department of Environmental Quality
Waste Management Division
1000 NE 10th St.
Oklahoma City, OK 73117-1212
Ph: (405) 745-7100
Fx: (405) 745-7133

Information Source:
Oklahoma Administrative Code 252:500
Pertinent Legislation:
Oklahoma Administrative Code 252:500

The citation for solid waste regulations governing composting is OAC 252:500. A solid waste permit is not required for the beneficial use of municipal waste water sludge. An application for sludge management must be made and approved by the department. No permit is required for composting of leaves, grass clippings or wood chips.

Oregon


Contact Agency for Composting Regulations:
Oregon Department of Environmental Quality
811 SW Sixth Ave.
Portland, OR 97204-1390
Ph: (503) 229-5300
Fx: (503) 229-6124

Access Oregon's regs at www.deq.state.or.us/wmc/solwaste/moa11a.html

Rhode Island


Contact Agency for Composting Regulations:
Chris Shafer
Rhode Island Dept. of Environmental Management
Division of Waste Management
Solid Waste Section
291 Promenade St.
Providence, RI 02908
Ph: (401) 277-2797 (X7511)
Fx: (401) 277-2017

Note: At the time of publication, composting regulations were being developed.

Biosolids - See Division of Water Resources.

South Carolina


Contact Agency for Composting Regulations:
John J. Schnabel
South Carolina Department of Health and Environmental Control
Division of Solid Waste Management
Facility Engineering Section
2600 Bull St.
Columbia, SC 29201
Ph: (803) 896-4216
Fx: (803) 896-4292

Information Source:
Department of Health and Environmental Control, Chapter 61.
Pertinent Legislation:
1976 Code Sections 44-96-190 and 44-96-380 (1991)

Effective May 27, 1993, disposal of yard trash and land clearing debris in landfills was prohibited unless composting operations are operated separately on-site. Prior to the construction or operation of a composting site for yard trimmings and land-clearing debris or a wood-chipping facility for untreated wood waste, the facility must be registered by the department.
Exempted operations that do not need to register include backyard composting, farming operations for on-site materials, mobile chipping and shredding equipment for wood waste, storm debris and untreated wooden pallets and composting of on-site materials at industrial sites.
State agencies are to purchase composted materials and products where practicable.

South Dakota


Contact Agency for Composting Regulations:
Terry Keller
Department of Environment and Natural Resources
523 E. Capitol
Pierre, SD 57501-3181
Ph: (605) 773-3151
Fx: (605) 773-6035

Information Source:
Statewide Comprehensive Solid Waste Management Plan, revised Feb. 9, 1994.
Pertinent Legislation:
South Dakota Solid Waste Law SDCL 34A-6-1.6

A general solid waste facility permit for constructing and operating a yard waste composting facility is required. If conditions of the permit are not met, the operator may be required to apply for an individual solid waste disposal permit. The yard waste permit includes wood products, trees and yard waste.
A solid waste permit is also required for sludge disposal.

Tennessee


Contact Agency for Composting Regulations:
Glen Pugh
Tennessee Department of Environment and Conservation
Division of Solid Waste Management
401 Church St., Fifth Floor, Land C Tower
Nashville, TN 371535
Ph: (615) 532-0780
Fx: (615) 532-0886


Solid waste composting facilities require solid waste facility permits. Exempt facilities include backyard composting, normal farming operations where on-site material is composted for use on-site and the processing of yard trimmings into mulch and other usable materials. A composting operation that processes less than 3,000 cubic yards per year of yard trimmings or manure may operate with a permit by rule.
Compost is classified based on the type of waste processed, content of foreign material, particle size and organic matter content and concentration of heavy metal. Types of material classifications are yard trimmings only, manure and yard trimmings, and solid waste, including sewage and sludge.
Compost sold in bags and bulk must be labeled for concentration of various heavy metals. All compost generated from municipal solid waste and/or sewage sludge should be labelled noting possible hazards for use on vegetables intended for human consumption.
Compost produced outside Tennessee and brought into the state must comply to state standards.

UPDATE: New compost regs 1996

Composting of sludge is regulated by the Tennessee Water Quality Act.

Texas


Contact Agency for Composting Regulations:
Kitty Coley
Texas Natural Resource Conservation Commission
PO Box 13087
Austin, TX 78711-3087
Ph: (512) 239-1000
Fx: (512) 239-6763

Information Source:
Texas Water Commission (now merged into TNRCC) Interim Policy on Composting
Pertinent Legislation:
SB 1340 - Texas Omnibus Recycling Law of 1991

The following information is from the interim composting policy established in 1993. TNRCC is currently developing new compost rules which are currently in the draft stage. Composting rules apply to backyard composting; operations that process yard waste or clean wood waste without composting directly into usable materials such as mulch or wood chips as long as the end-product is useful and less than 15,000 cubic yards of material is on-site at a time; Agricultural or farming operations that compost agricultural materials as long as the operation is conducted and the final product is utilized on-site; Any other operation that composts yard waste, clean wood waste, vegetative food waste or manures. Yard waste operations must function aerobically.
A draft package of composting rules, including rules for design, location and operating standards for source-separated composting, land-application and mulching operations, as well as rules for mixed municipal solid waste composting and end-product standards was released in April 1995. The Compost Rules Ad Hoc Committee last met in May to discuss the draft.
The draft proposed a four-tier system of regulating composting sites, from permitting for mixed solid waste composters to an exemption for mulching operations and facilities that compost or land-apply yard trimmings, clean wood materials, vegetative materials, paper and manure. In between are facilities requiring registration with the TNRCC and requiring notification of operation. Registered and permitted facilities would be required to test their final products for metals, pathogens and other contaminants and potential health hazards.

Utah


Contact Agency for Composting Regulations:
Carl Wadsworth
Dept. of Environmental Quality
Division of Solid & Hazardous Waste
Salt Lake City, UT 84114-4880
Ph: (801) 538-6170
Fx: (801) 538-6715

Information Source:
State Environmental Quality, Solid and HAzardous Waste rules, R315

Composting operations must submit a plan of operation to the state. Certain operating requirements must be met, including maintaining a temperature between 140 and 160 degrees F for a period of not less than seven day. Hazardous waste and waste containing PCBs may not be accepted for composting. Any facility utilizing municipal sludge or septage must certify that the material used is not hazardous.
Any facility using sewage sludge, untreated wood waste and other organic sludge on land must comply with state recycling standards. Only agricultural or silvacultural sites where sludge is demonstrated to have soil conditioning or fertilizer value shall be acceptable for use under land application rules provided that the sludge or wood waste is applied as a soil conditioner or fertilizer in accordance with accepted agricultural and silvaculture practice.

Vermont


Contact Agency for Composting Regulations:
Vicki Viens
Vermont Environmental Conservation Dept.
103 S. Maine St.
Waterbury, VT 05671-0407
Ph: (802) 241-3448
Fx: (802) 241-3273

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Department of Agriculture, Food and Markets; Phone: (802) 828-2500, Fax: (802) 828-2361.

Certain categories of composting are exempt from full solid waste disposal certification requirements and some operations are completely exempted from regulation, including leaf and yard waste composting of less than five tons per year and on-farm composting operations that utilize site-generated materials and any amount of newspaper and yard waste.
Leaf and yard waste operations that process more than five tons a year and other source-separated organics operations that process less than 10 tons a day receive a special certification. All other composting operations remain under full certification.
Finished compost must be cured and sufficiently stable so that it can be used without creating a nuisance. It may not contain any persistent synthetic residues. If it is to be sold or distributed, it must meet criteria for concentration of heavy metals and other contaminants for special certification.

Virginia


Contact Agency for Composting Regulations:
Michael Murphy
Department of Environmental Quality
PO Box 10009
Richmond, VA 23240-0009
Ph: (804) 762-4003
Fx: (804) 762-4453

Information Source:
Yard Waste Composting Facility Regulation, Department of Waste Management, Jan. 29, 1992
Pertinent Legislation:
Code of Virginia, Chapter 1.1:1, Title 9

Exempted from the state's Solid Waste Management Regulations are composting of sewage sludge; land application by surface spreading or incorporation into the soil of wastes regulated by the State Board of Health, the State Water Control Board or any other state agency with authority; and remediation of contaminated soils.
Virginia also has separate standards for facilities which compost solid waste, sludge and/or animal manures. The compost facility standards are not applicable to yard waste facilities which operate under and are in compliance of a permit-by-rule.

Washington


Contact Agency for Composting Regulations:
Holly Wescott
Department of Ecology
PO Box 47600
Olympia, WA 98504-7600
Ph: (360) 407-6113
Fx: (360) 407-6102
Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:
Robin Schoen-Nessa
Washington Department of Agriculture
Ph: (206) 902-2027

Pertinent Legislation:
Solid Waste Management-Reduction and Recycling Act, Chapter 70.95 RCW
Information Source:
Interim Guidelines for Compost Quality, Revised Nov. 1994

Solid waste management facilities in Washington must meet "Minimum Functional Standards for Solid Waste." Composting standards are not monitored as tightly as solid waste facilities.
Interim Guidelines for Compost Quality were developed in April 94 and revised in November 1994 as recommendations for use by local health agencies and compost operations. The guidelines define three types of composting facility based on feedstock:
Type I facilities process wood waste, source-separated yard and garden waste and other less-hazardous materials;
Type 2 facilities process biosolids, meat and post-consumer source- separated food waste or other source-separated specialty wastes that may have high levels of human pathogens;
Type 3 facilities process mixed municipal solid waste and other relatively high levels of hazardous substances or human pathogens.
The guidelines identify two grades of compost - Grades AA and A - both of which are available to the general public and are protective of the environment. Grade AA compost is more restrictive in terms of contaminant levels. The grades are based on the federal EPA's 40 CFR Part 503 rule.
The Department of Ecology has recommended a revision of the guidelines in about two years.
A state rule was being drafted that would apply to biosolids and would parallel the the federal EPA's 40 CFR Part 503 rule.
The ecology department is currently working on composting facility guidelines.
Compost products which explicitly allege benefits to plant growth or claim to contain nutrients beneficial to plant growth may require registration with the Department of Agriculture.

West Virginia


Contact Agency for Composting Regulations:
Paul Benedum
Division of Environmental Protection
Solid Waste Management Section
1356 Hansford St.
Charleston, WV 25301-1401
Ph: (304) 558-6350
Fx: (304) 558-0256
Pertinent Legislation:
West Virginia Code 20-11-8(c)

A yard waste ban from landfills goes into effect Jan. 1, 1997.
Sludge and yard waste composting are regulated by separate rules. Sludge rules are expected to be amended soon.
Yard waste rules are established under the authority of the West Virginia Code 20-11-8(c) and went into effect June 1, 1994. Title 47 of the Legislative Rules, Division of Environmental Protection, Water Resources - Waste Management, include standards for siting and for design of yard waste composting facilities.
Commercial yard waste composting facilities must be permitted by the Division after fulfilling state siting requirements. Non-commercial facilities (nurseries, landscapers, etc.) must register with the Division. Commercial composting facilities are subject to a $500 application fee.
Commercial yard waste composting facility operators must be certified. In order to ensure safe and efficient composting, operators of commercial yard waste composting facilities must have a minimum of two years on-the-job experience or must receive training and education on yard waste composting.
NOTE: The landfill ban on yard waste was to begin in June 1994 but a bill passed in March 1995 pushed the ban back to January 1, 1997.

Wisconsin


Contact Agency for Composting Regulations:
Gretchen Wheat
Wisconsin Department of Natural Resources
Solid Waste Division
PO Box 7921
Madison, WI 53707-7291
Ph: (608) 267-0557
Fx: (608) 267-2768

NOTE: At the time of publication, composting regulations were being revised. New rules are expected to go into effect in the spring of 1996. The following represents proposed changes, along with current rules.

Rules related to yard waste composting have been removed from the regulations for solid waste processing. The draft that is currently under consideration would create different levels of locations standards, as well as design, operational and submittal requirements, based on the size of the facility. Facilities that have less than 1,000 cubic yards on site at any one time would have to meet operational requirements but would have less department oversight.
Under current rules, composting operations, like other solid waste processing operations, are regulated under NR 502.12. Requirements vary based on the type of operation, such as home composting and neighborhood yard and food waste operations, which require no license from the department, to mixed solid waste operations, which require a license. Sewage sludge and animal waste facilities are regulated by the DNR's Bureau of Wastewater Management.
Compost application as a soil amendment is defined as land spreading and is regulated under the same regulations as other types of waste application such as fruit and vegetable processing waste, industrial sludge and wood ash. Land spreading operations are not licensed by DNR but compost marketing and distribution may be subject to the Department of Agriculture, Trade and Consumer Protection regulations, including licensing.
Composted yard waste and other similar vegetable matter may be land spread without obtaining a DNR approval is the material is applied as a soil conditioner or fertilizer in accordance with accepted agricultural practices. Compost derived from municipal solid waste can be land spread only after obtaining approval of DNR.

Wyoming


Contact Agency for Composting Regulations:
Department of Environmental Quality
122 W. 25th St.
Cheyenne, WY 82002
Ph: (307) 777-7938
Fx: (307) 777-7682

Contact Agency for Regulations on Sales/Distribution of Compost and Fertilizer:


Wyoming has no composting-specific rules.

National Labeling Guidelines for Marketing Compost



The Federal Trade Commission announced voluntary labeling guidelines dealing with environmental claims and product labeling issues in the summer of 1992. The claims include the use of such words as "compostable," "degradable," "biodegradable" and "photodegradable."
Four general guidelines apply to all environmental claims:

Qualifications and disclosures should be sufficiently clear and prominent;
Claims should make clear whether they apply to the product, the package or components of either, excluding minor component parts;
Environmental claims should not be overstated;
Comparative claims should be sufficiently clear and substantiated.

For more information, contact the FTC, at (202) 326-3161.

Standards for Bark and Soil Products


The National Bark and Soil Producers Association has published voluntary uniform nomenclature and quality guidelines for soil products as well as bark products. Soil guidelines include pH and soluable salt ranges as well as soil labelling requirements. Bark product specifications include 10 major categories of bark and mulch products based on source and particle size. For more information, call NBSPA at (703) 830-5367.

All rights reserved. Reproduction of this information is prohibited by law.