CHAPTER
Env-Sw 600 COMPOSTING FACILITY REQUIREMENTS
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former Chapter Env-Wm 2300 as Env-Sw
600, pursuant to a rules reorganization plan for Department rules approved by
the Director of the Office of Legislative Services on 9-7-05. The source notes for each section of Env-Sw
600 identify the former subtitle Env-Wm and number for the respective rule
prior to Document #8459.
PART
Env-Sw 601 APPLICABILITY
Env-Sw 601.01 Applicability.
(a) The rules in this chapter shall apply to
processing/treatment (P/T) facilities, as defined in Env-Sw
104, that produce compost from solid waste, hereinafter referred to as composting
facilities.
(b) The requirements in this chapter shall apply
as the complement of the P/T requirements in Env-Sw
500.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff
10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2301.01); ss by #10596, eff 7-1-14; ss by #13358,
eff 4-1-22
PART
Env-Sw 602 PERMITTING
REQUIREMENTS
Env-Sw 602.01 Permit
Required.
(a) A permit issued pursuant to the solid waste
rules shall be required for construction, operation, and closure of a composting
facility, unless exempt pursuant to Env-Sw 302.03 or
Env-Sw 608.
(b) The type of permit required shall be as
specified in Env-Sw 302.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2302.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw 602.02 Permit
Application Requirements. The
applicant for a composting facility permit shall prepare the application in
accordance with:
(a) Env-Sw 314 for a
standard permit;
(b) Env-Sw 313 for an
emergency permit;
(c) Env-Sw 312 for a
research and development permit; or
(d) Env-Sw 311 for a
permit-by-notification.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2302.02); ss by #10596, eff 7-1-14; ss by #13358,
eff 4-1-22
PART Env-Sw 603 SITING
REQUIREMENTS
Env-Sw 603.01 Applicability.
(a) The siting requirements in
this part shall apply to all composting facilities, except:
(1) Facilities that hold a permit issued under RSA 149-M prior to
the 2022 effective date of this chapter;
(2) Permit-exempt facilities identified in Env-Sw 302.03 or
Env-Sw 608;
(3) Permit-by-notification
facilities having an active life of 90 days or less;
(4) Research and development permit facilities by Env-Sw 312.02(b); and
(5) Emergency permit facilities as provided by Env-Sw 313.02(b).
(b) The siting requirements in this part shall
apply as the complement of siting requirements in Env-Sw
1003 for all facilities, Env-Sw 1102 for facilities
having an active life longer than 90 days, Env-Sw
1203 for permit-by-notification facilities and Env-Sw
503.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2303.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw 603.02 Siting
Requirements.
(a) A composting facility’s waste collection,
storage, and processing areas including areas used for feedstock mixing and
active composting, shall be sited in compliance with the following:
(1) At least 75 feet from a private drinking water supply well;
(2) At least 75 feet from surface waters and wetlands; and
(3) On a surface that is at least 2 feet above the seasonal high
water table.
(b) A composting facility’s waste collection,
storage, and processing areas, including areas used for feedstock mixing and
active composting, shall be located at least 2 feet above bedrock or sand and
gravel deposits, unless the facility uses an impermeable surface under such
collection, storage, and processing areas.
(c)
A composting facility shall not be sited within the sanitary protective
area of a public water system well, as defined in Env-Dw
301.30, reprinted in Appendix C.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2303.02);
ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
PART
Env-Sw 604 DESIGN
REQUIREMENTS
Env-Sw 604.01 Applicability.
(a)
The design requirements in this part shall apply to all composting facilities,
except:
(1) Permit-exempt
facilities identified in Env-Sw 302.03 or Env-Sw 608;
(2) Permit-by-notification
facilities having an active life of 90 days or less;
(3) Research
and development permit facilities as provided by Env-Sw
312.02(b); and
(4) Emergency
permit facilities as provided by Env-Sw 313.02(b).
(b) The design requirements in this part shall
apply as the complement of the design requirements in Env-Sw
1004 for all facilities, Env-Sw 1103 for facilities
having an active life longer than 90 days, Env-Sw
1200 for permit-by-notification facilities and Env-Sw
504.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2304.01); ss by #10596, eff 7-1-14; ss by #13358, eff
4-1-22
Env-Sw 604.02 General
Design Requirements. A composting
facility shall be designed to operate in conformance with Env-Sw 605.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2304.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw 604.03 Waste
Collection, Storage, and Processing Area Design Requirements.
(a) Waste collection,
storage, and processing areas shall be designed in conformance with Env-Sw 504.
(b) Areas used for windrows and aerated static piles shall:
(1) Conform to the same design requirements as specified for waste stockpiles in
Env-Sw 404.05; and
(2) Be designed
to allow access by equipment on a year-round basis, including during periods of
snowmelt, spring thaw, and high precipitation.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2304.03); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22 (formerly Env-Sw 604.04)
PART
Env-Sw 605 OPERATING
REQUIREMENTS
Env-Sw 605.01 Applicability.
(a) The operating requirements in this part shall
apply to all composting facilities, except:
(1)
Permit-exempt facilities identified in Env-Sw 302.03 or Env-Sw 608;
(2)
Permit-by-notification facilities having an active life of 90 days or less;
(3)
Research and development permit facilities as
provided by Env-Sw 312.02(b);
(4)
Emergency permit facilities as provided by
Env-Sw 313.03(b).
(b) The operating requirements in this part shall
apply as the complement of the operating requirements in Env-Sw 1005 for all facilities, Env-Sw
1105 for facilities with an active life longer than 90 days, Env-Sw 1204 for permit-by-notification facilities and Env-Sw 505.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.01);
ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22
Env-Sw 605.02 General
Operating Requirements.
(a) A composting facility shall be operated in a
manner that limits the production and off-site dispersal of odors to the
greatest extent practicable.
(b) All wastes received by
the facility shall be inspected to identify and remove:
(1) Wastes that
are not organic in nature;
(2) Wastes
which are prohibited wastes as specified in (c) below; and
(3) Any other
wastes
having the potential to adversely affect the quality or usability of the
finished compost.
(c) A
composting facility authorized pursuant to this chapter shall not receive the
following types of waste:
(1) Asbestos;
(2) Construction
and demolition debris;
(3) Liquid
wastes, unless amended with an approved bulking agent prior to composting;
(4) Infectious
wastes identified in Env-Sw 904.01(a);
(5) Contaminated
soils or absorbent media;
(6) Radioactive
materials as defined and regulated by the New Hampshire rules for the control
of radiation, He-P 2000 and He-P 4000;
(7) Ash from
the combustion of municipal solid waste; and
(8) Sludge or
septage as defined by RSA 485-A:2.
(d) Putrescible wastes not incorporated into an
active composting process or amended with high carbon bulking agents within 2
hours of receipt shall:
(1) Be stored
in a closed container designed to prevent the dispersal of odors, release of
leachate and the attraction of birds, insects, rodents, and other vectors; and
(2) Not be
stored at the facility longer than 7 days before being incorporated into an
active composting process.
(e) Compostable feedstocks
shall be combined into a homogenous mixture that will support aerobic
composting conditions.
(f) During the active
composting process, windrows, piles, or vessels shall be inspected, monitored,
and actively managed to ensure that:
(1) Aerobic
composting conditions are maintained; and
(2) The process
complies with the general operating requirements in Env-Sw
1005.01.
(g) Temperature shall be
monitored and recorded as follows:
(1) Temperature
readings shall be recorded as specified in Env-Sw
605.03; and
(2) For each
temperature monitoring event, temperature readings shall be taken and recorded
as follows:
a. For a windrow or aerated static pile, in at
least five evenly-spaced locations along the length of
the windrow or pile;
b. For a round pile, in at least 2
locations on opposite sides of the pile; and
c. For an in-vessel system, in at least 2 evenly-spaced locations per vessel, compartment, bay, or
equivalent.
(h) Prior to
distribution and use, finished compost shall meet the quality requirements
specified in Env-Sw 605.04,
and the maturity requirements specified in Env-Sw
605.05.
(i) Testing to verify compliance with (h) above shall be conducted:
(1) At least
once annually and when requested by the department pursuant to Env-Sw 2000; and
(2) On the
basis of representative sampling.
(j) The following operational records, in
conformance with Env-Sw 1105.06, shall be maintained
and include:
(1) Source,
type, quantity, and date of materials received at the facility;
(2) Date of
individual windrow or pile construction and breakdown, or vessel filling and emptying;
(3) Composition
of the windrow, pile, or vessel;
(4) Date and
time of turning or aeration;
(5) Temperature
monitoring records, including:
a. Temperature
readings, including units;
b. Date and
time of temperature readings;
c. Location and
depth of temperature readings;
(6) Process
monitoring observations, including, but not limited to:
a. Moisture
content; and
b. Odor observations;
(7) Records of
nuisance complaints made by abutters, or other parties, and corresponding
response actions taken by the facility operators;
(8) Date on
which composted material begins and finishes curing;
(9) Sampling
and testing records, in accordance with Env-Sw 605.04
and Env-Sw 605.05, including;
a. Date, time,
volume, method, and type of samples taken; and
b. Testing results;
(10) Quantities
of finished compost produced on an annual basis;
(11) Quantities
of bypass waste, as defined in Env-Sw 102, removed
prior to composting; and
(12) Quantities
of residual waste, as defined in Env-Sw 104, removed
after composting.
Source. #5172, eff 7-1-91;
amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES:
10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading
for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.02); ss by
#10596, eff 7-1-14; ss #13358, eff 4-1-22
Env-Sw 605.03 Pathogen
Reduction Requirements.
(a) The composting process shall comply with the process
to further reduce pathogens specified in 40 CFR 503, Appendix B, by using one
of the following methods:
(1) Using the
windrow composting method, such that:
a. The interior
temperature of the windrow shall be maintained at 55⁰C (131⁰F) or
higher for 15 consecutive days or longer;
b. During the
period when the interior of the windrow is maintained at 55⁰C
(131⁰F) or higher, there shall be a minimum of 5 turnings of the windrow; and
c. In turning the windrow, the exterior of the windrow shall be turned into the
interior to assure that the entire contents of the windrow are exposed to the
required temperature conditions;
(2) Using the
aerated static pile composting method, the pile shall be insulated and the
temperature throughout the contents of the pile shall be maintained at 55şC
(131şF) or higher for at least 3 consecutive days; or
(3) Using the
in-vessel composting method, the temperature throughout the contents of the
vessel shall be maintained at 55şC (131şF) or higher for at least 3 consecutive
days.
(b) Once the contents of a windrow, pile, or
vessel have met the requirements specified in (a) above, the material shall be
managed to prevent recontamination through contact with raw feedstocks,
leachate, or compost that have not been subjected to a pathogen reduction
process.
Source. #5172, eff 7-1-91;
ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2305.03); ss by #10596, eff 7-1-14; ss #13358, eff 4-1-22
Env-Sw 605.04 Minimum
Quality Requirements. Finished
compost shall meet the following requirements:
(a) The presence of heavy metals shall not exceed
the ceiling concentrations specified in Table 600-1:
Table 600-1: Ceiling Concentrations for
Heavy Metals
Constituent |
Maximum
Total Concentration (mg/kg dry weight) |
Arsenic |
11 |
Cadmium |
14 |
Chromium |
1,000 |
Copper |
1,500 |
Lead |
300 |
Mercury |
7 |
Molybdenum |
35 |
Nickel |
200 |
Selenium |
28 |
Zinc |
2,500 |
(b) The presence of salmonella sp. shall not
exceed 3 most probable number (MPN) per 4 grams of total solids (dry weight
basis);
(c) The presence of fecal coliform shall not
exceed 1,000 MPN per gram of total solids (dry weight basis); and
(d) The presence of man-made inert matter greater
than 4mm in size shall not exceed 0.25% of total solids (dry weight basis).
Source. #5172, eff 7-1-91;
amd by #5295, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES:
10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading
for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm 2305.04); ss by
#10596, eff 7-1-14; ss #13358, eff 4-1-22
Env-Sw 605.05 Maturity
Requirements.
(a) Except as provided in (b) below, compost
shall be deemed mature when the final carbon-to-nitrogen (C:N) ratio is less than
25:1 and the compost meets or exceeds a maturity threshold for at least one
test from group A and one test from group B as specified in Table 600-2 below,
with test methods conducted in accordance with the “Test Method for Examination
of Composting and Compost (TMECC),” April 2002, published by the US Composting
Council, accessed as noted in Appendix B.
(b) Compost distributed in bulk and used for agricultural
crop production need not be mature as specified in (a) above, provided that the
final carbon to nitrogen (C:N) ratio of the compost is less than 25:1 and the
compost is otherwise suitable for the intended crop.
Table 600-2:
Compost Maturity Standards
Test |
Units |
Maturity Threshold |
Method |
|
Group A |
Specific Oxygen Uptake |
mg O2 per g organic matter per hour |
≤ 1.5 |
TMECC 05.08-A |
CO2 Evolution |
mg CO2 per g organic matter per day |
≤ 8 |
TMECC 05.08-B |
|
Solvita® CO2 |
Index Value |
≥ 5 |
Manufacturer's SOP |
|
Dewar Self Heating Test |
Temp. rise (⁰C) over ambient |
≤ 20 |
TMECC 05.08-D |
|
Group B |
Ammonium to Nitrate Ratio
(NH4-N:NO3-N) |
n/a |
≤ 3 |
TMECC 05.02-C |
Total Ammonia (NH3-N) |
ppm, dry basis |
≤ 500 |
TMECC 04.02-C |
|
Solvita® NH3 |
Index Value |
≥ 4 |
Manufacturer's SOP |
|
Plant Trials |
% of control |
≥ 80 |
TMECC 05.05 |
Source. #5172, eff 7-1-91; amd by #5295, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2305.05); ss by #10596, eff 7-1-14; ss
#13358, eff 4-1-22
Env-Sw 605.06 Off-Specification
Compost.
(a) Except as provided in (b) below, compost
which does not meet the quality requirements in Env-Sw
605.04 or the maturity requirements in Env-Sw 605.05
shall be:
(1) Deemed
off-specification compost not certified for distribution and use pursuant to
Env-Sw 1500, and
(2) Managed by
one of the following methods:
a. Reprocessed
to meet the requirements of Env-Sw 605.04 and Env-Sw 605.05; or
b. Managed as
residual waste in accordance with the facility’s residual waste management plan
pursuant to Env-Sw 1105.11.
(b) An off-specification compost shall be
certified for distribution and use as landfill cover material pursuant to Env-Sw 1500, provided that such off-specification compost meets
the performance objectives specified in Env-Sw 806.03.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2305.06); ss by #10596, eff 7-1-14; ss by #10596, eff 7-1-14; ss #13358, eff
4-1-22 (formerly Env-Sw 605.08)
PART
Env-Sw 606 CLOSURE
REQUIREMENTS
Env-Sw 606.01 Applicability.
(a) The closure requirements
in this part shall apply to all composting facilities, except:
(1) Permit-exempt facilities identified in Env-Sw
302.03 and Env-Sw 608;
(2) Permit-by-notification facilities having an active life of 90 days or less;
(3) Research and development permit facilities as provided by Env-Sw 312.02(b); and
(4) Emergency permit facilities as provided by Env-Sw 313.02(b).
(b)
The closure requirements in this
part shall apply as the complement of the closure requirements in Env-Sw 1006 for all facilities, Env-Sw
1106 for facilities having an active life longer than 90 days, Env-Sw 1205 for permit-by-notification facilities, and Env-Sw 506.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2306.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw 606.02 Closure Requirements.
(a) To comply with Env-Sw
1006.02(e), all finished compost which is certified for distribution and use
shall be removed to places where it shall be used accordingly or removed to an
authorized facility.
(b) To comply with Env-Sw
1006.02(b), all unfinished compost shall be removed to an authorized facility
to be finished or disposed.
(c) To comply with Env-Sw
1006.02(e), no waste or compost shall remain at the site following closure
under a claim of permit exemption pursuant to Env-Sw
302.03 or Env-Sw 608.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2306.02); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
PART Env-Sw 607 PERMIT-BY-NOTIFICATION
FACILITIES
Env-Sw 607.01 Purpose. The purpose of the rules in this part is to
identify composting facilities eligible for a permit-by-notification pursuant
to Env-Sw 311.
Source. #5172, eff 7-1-91; amd by #5295, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2307.01); ss by #10596, eff 7-1-14; ss by
#13358, eff 4-1-22
Env-Sw 607.02 Small
Food Waste Composting Facilities. A
facility which composts food waste shall be eligible for a
permit-by-notification pursuant to Env-Sw 311,
provided that the facility meets the requirements of this chapter and the
following:
(a) The facility shall comply with the requirements
of Env-Sw 1200 except that alternative operator
training may be substituted for the operator certification requirements
specified in Env-Sw 1202.05(d), provided that:
(1) Documentation verifying that each facility operator has completed
alternative training is maintained in the facility’s records, and
(2) The alternative training:
a. Meets the
purposes stated in Env-Sw 1601.01;
b. Provides information about the basic principles of composting
and how to facilitate an aerobic composting process; and
c. Provides information about monitoring and troubleshooting the
compost process to minimize nuisance conditions and adverse impacts to public
health, safety and the environment;
(b) The facility receives no more than 10
tons of solid waste per day, averaged monthly;
(c) The facility composts only source-separated
food waste, including meat and dairy matter, in combination with any of the
following;
(1) Yard waste;
(2) Farming
crop residuals;
(3) Animal
manures;
(4) Compostable
paper, packaging, containers, bags, and serviceware;
and
(5) Approved
bulking agents as defined in Env-Sw 102.
(d) To facilitate aerobic composting conditions,
the facility shall combine compostable feedstocks to produce a homogenous mixture
that exhibits the following initial characteristics:
(1) A
carbon-to-nitrogen (C:N) ratio of at least 25:1;
(2) A moisture
level between 50 and 60 percent; and
(3) A bulk
density not more than 1,100 pounds per cubic yard.
(e) To limit the production and off-site
dispersal of nuisance odors, the facility shall:
(1) Incorporate
incoming putrescible wastes into a sorbent, high carbon bulking agent within 2
hours of receipt, or otherwise store the waste as required by Env-Sw 605.02(d);
(2) Maintain
aerobic conditions throughout windrows or piles;
(3) Cover
odorous piles with a layer of finished compost, or a high carbon amendment as
necessary;
(4) Contain and
treat emissions from active aeration systems; and
(5) Alter the
compost recipe or turning procedures as needed to alleviate odor issues;
(f) Following the cessation of facility
operations or any other trigger event for closure as provided in Env-Sw 1006, the permittee shall close the facility in
accordance with Env-Sw 606, Env-Sw
1006, and Env-Sw 1205.
Source. #5172, eff 7-1-91; amd by #5295, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 600); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2307.02); ss by #10596, eff 7-1-14; ss by
#13358, eff 4-1-22
PART
Env-Sw 608 PERMIT-EXEMPT
FACILITIES
Env-Sw 608.01 Purpose.
The purpose of the rules in this part is
to identify composting facilities which are permit-exempt, pursuant to Env-Sw 302.03(b)(2).
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2308.01); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw 608.02 General
Conditions for Exemption.
(a) The composting facilities described in this
part shall be exempt from obtaining a permit, subject to the following
conditions:
(1) The
facility shall comply with the universal facility requirements in Env-Sw 1000; and
(2) All waste
managed at the facility shall be actively managed.
(b) A permit exemption shall not affect a person’s
obligation to obtain all requisite federal, state or local permits, licenses or
approvals, or to comply with all other applicable federal, state, district or
local permits, ordinances, laws or approvals or conditions pertaining to the
permit-exempt activities.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2308.02; ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw 608.03 Generator
Composting Facilities.
(a) Subject to Env-Sw
608.02, no permit shall be required to compost any combination of
the following wastes and materials at the waste generation site;
(1) Yard waste
or farming crop residuals;
(2) Source-separated food
waste including meat and dairy matter;
(3) Compostable
paper, packaging, containers, bags, and serviceware;
(4) Animal manure; or
(5) An approved
bulking agent as defined in Env-Sw 102.
(b) The facilities described in (a) above shall
include:
(1) Composting
operations at a private home for food waste generated at the home;
(2) Composting
operations at schools and other institutions, for food waste generated at the
institution; and
(3) Farm based
composting operations for food waste generated by the farm and farming crop
residuals.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 600); ss by #8459, eff 10-28-05 (formerly Env-Wm
2308.03); ss by #10596, eff 7-1-14; ss by #13358, eff 4-1-22
Env-Sw
608.04 Animal Carcass Composting Facilities
Incidental to Livestock Operations.
(a)
Subject to Env-Sw 608.02, no permit shall be required
for a farm that raises livestock to compost animal carcasses provided that:
(1) The carcasses are generated on the farm and
incidental to the farm’s routine livestock operations; and
(2) The composting process and use of the
finished compost shall be conducted in compliance with the livestock mortality
composting best management practices established in the “Manual of Best
Management Practices (BMPs) for Agriculture in New Hampshire,” revised July 2019
published by New Hampshire Department of Agriculture, Markets, and Food, accessed
as noted in Appendix B.
(b) A farm that operates a permit-exempt animal carcass
composting facility as described in (a) above may annually receive and compost
up to 10 cubic yards of animal carcasses generated at another farm, provided
that the carcasses being received are not classified as infectious waste under
Env-Sw 904.01(a)(5) or otherwise known to be carrying
an infectious disease.
Source.
#10596, eff 7-1-14; ss by #13358, eff
4-1-22
Env-Sw 608.05 Community
Composting Facilities.
(a)
Subject to Env-Sw 608.02, no permit shall be required
for a composting facility that receives solid waste from off-site generators,
provided that:
(1) The aggregate area of the facility’s waste collection, storage, and
processing areas, including areas used for feedstock mixing and active
composting,
does not exceed 600 square feet;
(2) The facility receives for composting no more
than 5 cubic yards of solid waste during any 30 day period; and
(3) The composting process is conducted in a
manner consistent with “Community Composting Done Right: A Guide to Best
Management Practices,” March 2019, published by the Institute for Local
Self-Reliance, accessed as noted in Appendix B.
(b)
Facilities described in (a) above may compost any
combination of the following:
(1) Yard waste
or farming crop residuals;
(2) Source-separated
food waste, including meat, and dairy matter;
(3) Compostable
paper, packaging, containers, bags, and serviceware;
(4) Animal
manure; or
(5) Approved
bulking agents as defined in Env-Sw 102.
Source.
##13358, eff 4-1-22
Appendix A: State Statutes Implemented
Rule Sections |
Statute(s) Being Implemented |
|
|
Env-Sw 600 |
RSA 149-M:6,
III; RSA 149-M:7, II, III, V, VIII, XIV, XV; RSA 149-M:9 |
|
|
Appendix B: Incorporated
Reference
Rule
(Env-Sw) |
Reference
(Date/Edition) |
Obtain
From (Cost) |
Env-Sw 605.05(a) |
Test
method for Examination of Composting and Compost (TMECC)(2002) |
United
States Composting Council https://www.compostingcouncil.org/store/ViewProduct.aspx?id=13656204 ($450.00) |
Env-Sw 608.04(a)(2) |
Manual of Best Management Practices
(BMPs) for Agriculture in New Hampshire: Nutrient Best Management Practices for
Agriculture Nonpoint Source Pollution (2019) |
New
Hampshire Department of Agriculture, Markets & Food. https://www.agriculture.nh.gov/publications-forms/documents/best-management-practices-bmp-manual.pdf |
Env-Sw 608.05(a)(3) |
Community
Composting Done Right: A Guide to Best Management Practices (2019) |
Institute
for Local Self-Reliance https://ilsr.org/composting-bmp-guide/ |