DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and 
Waste Management Division

6 CCR 1007-2

PART 1  REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES

Section 14 Composting Regulations Amendments

(Adopted by the Solid and Hazardous Waste Commission on February 20, 2024)

1) Revise paragraph (A) of Section 14.1.4 (Conditional Exemptions) to read as follows:

SECTION 14.1 GENERAL PROVISIONS

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14.1.4  Conditional Exemptions

(A) Conditionally Exempt Small Quantity Composting Operations: Any composting facility with up to: (1) 100 cubic yards of Type 1 feedstock onsite or in process; (2) 100 cubic yards of Type 1 feedstock and up to 20 cubic yards of Type 2 feedstock onsite or in process that complies with the following conditions is exempt from the balance of this Section 14:

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2) Amend Section 14.1.5 (Compliance Schedule) by revising paragraphs (A) and (B) and deleting paragraph (C) to read as follows:

SECTION 14.1 GENERAL PROVISIONS

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14.1.5  Compliance Schedule

(A) Within twelve (12) months of the effective date of these Section 14 amendments, all facilities must comply with the certified compost operator training as specified in Sections 14.2.4(K)(1), 14.3.5(K)(1), and 14.4.5(K)(1), as applicable.

(B) The requirement to sample for both biological constituents in Section 14.6(D) must begin immediately.  Facilities with an EDOP must update their sampling plans to reflect this change within twelve (12) months of the effective date of these Section 14 amendments.

3) Amend Section 14.2.1 (Scope and Applicability) by revising paragraph (B), renumbering the existing paragraph (C) as paragraph (D), and adding a new paragraph (C) to read as follows:

SECTION 14.2 - CLASS I COMPOSTING FACILITIES

14.2.1  Scope and Applicability

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Section 14.2 applies to any persons, local governing authorities, and municipalities who owns or operates a Class I composting facility.  A Class I composting facility is a facility that:

(A) Composts only Type 1 feedstocks, and who has less than 50,000 cubic yards of feedstocks and in-process material onsite at any one time (finished compost does not count toward this total); or

(B) Composts Type 1 feedstocks, source separated organics, food residuals and food processing vegetative waste, and has no more than 5,000 cubic yards of feedstocks and in-process materials onsite at any one time; or 

(C) Composts on agriculturally zoned property using only agricultural waste generated onsite together with Type 1 materials, source separated organics, food residuals and food processing vegetative waste, together with other compatible materials as defined in Section 1 of these regulations, with the following limits:

(1)	A total volume of no greater than 5,000 cubic yards of source separated organics onsite at any one time (finished qualified product does not count toward this total); and

(2)	A composting area of two (2) acres in size or less; or

(D) Composts at the site of generation or on agriculturally zoned property owned by the generator using only agricultural waste generated onsite together with other compatible materials as defined in Section 1 of these regulations and does not meet one of the general exemptions or conditional exemptions in Sections 14.1.3 or 14.1.4.

4) Amend Section 14.2.3 (Class I Composting Facility Design Requirements) by revising paragraphs (A)(2)(b)- (A)(2)(e) and paragraph (B) to read as follows:

SECTION 14.2 - CLASS I COMPOSTING FACILITIES

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14.2.3  Class I Composting Facility Design Requirements

(A) Surface Water Control: The Composting Plan for Class I composting facility must describe how the surface water control system features of the facility will be designed, constructed and maintained:

(1) Prevent negative impacts to surface water and groundwater;

(2) Control surface water, including:

(a) stormwater run on and run off control features with a slope of one (1) to six (6) percent, or meeting other design criteria as approved by the department;

(b) features to manage contact water, which may include a vegetated area as long as it is of sufficient size and slope to prevent erosion and completely contain any discharge of contact water; 

(c) engineered features to prevent contact water from negatively impacting groundwater;

(d) engineered features to prevent ponding of stormwater and contact water within the composting process area;
	
(e) engineered contact water and stormwater containment structures with a minimum of 2 feet of freeboard measured from the lowest elevation at any given time.

(B) Surface Water Control for Class I Composting Facilities Composting Manure, Animal Mortalities and/or Animal Materials: In addition to the surface water management requirements in 14.2.3(A), the owner/operator of a Class I composting facility composting manure, animal mortalities and/or animal materials must design, construct and maintain stormwater and contact water controls that meet the following requirements:

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5) Amend Section 14.2.4 (Class I Composting Facility Operational Requirements) by revising paragraphs (C) and (K) to read as follows:

SECTION 14.2 - CLASS I COMPOSTING FACILITIES

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14.2.4  Class I Composting Facility Operational Requirements

The owner/operator of a Class I composting facility must operate the facility in accordance with their Department-approved registration, with their Composting Plan, and with the following operational requirements:

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(C) Material Acceptance: The owner/operator of a Class I composting facility may only accept Type 1 and Type 2 feedstocks, as allowed under the provisions of Section 14.2.1 and as specified in the approved registration.

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(K) Personnel Training: Class I composting facilities must operate under the control of properly trained individuals. Personnel must be trained to recognize prohibited materials, take action when nuisance conditions occur, and implement emergency procedures when necessary. Each Class I compost facility operating under Section 14.2.1(B) and 14.2.1(C) must have at least one operator that has completed the following training:

(1) Certified operator training: Completion of a nationally recognized or equivalent training on compost facility operations.  A facility shall go no longer than twelve (12) months without having an operator on staff that has completed this training.

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6) Revise paragraph (B)(5) of Section 14.3.4 (Class II Composting Facility Design and Operations Plan: Design) to read as follows:

14.3.4  Class II Composting Facility Design and Operations Plan: Design

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(B) Feedstock Processing Areas: The EDOP for a Class II composting facility must describe how the areas where all mixing, tipping and composting occur will be designed and constructed to: 

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(5) The Department may require a low permeability workpad area to manage contact water generated from composting operations. Site-specific conditions, operational practices, feedstock, bulking material and liquid wastes will be evaluated to determine the necessity for a low permeability workpad and low permeability liquid mixing pad/basin.  

7) Amend Section 14.3.5 (Class II Composting Facility Design and Operations Plan: Operations) by revising paragraphs (B) - Financial Assurance and (K) - Personnel Training to read as follows:

SECTION 14.3 - CLASS II COMPOSTING FACILITIES

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14.3.5  Class II Composting Facility Design and Operations Plan: Operations

Class II composting facilities must comply with their Department-approved EDOP.  The EDOP must include the following operation requirements:

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(B) Financial Assurance: A Class II composting facility must have current financial assurance estimates in accordance with Section 4 of these Solid Waste Regulations.  A Class II composting facility must maintain adequate financial assurance in accordance with its EDOP and with Section 4 of these Solid Waste Regulations.

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(K) Personnel Training: A Class II composting facility must operate under the control of properly trained individuals. Personnel must be trained to recognize prohibited materials, take action when nuisance conditions occur, and implement emergency procedures when necessary.  The EDOP for a Class II composting facility must describe how the facility will comply with these requirements. Each Class II compost facility must have at least one operator that has completed the following training:

(1)	Certified operator training: Completion of a nationally recognized or equivalent training on compost facility operations.  A facility shall go no longer than twelve (12) months without having an operator on staff that has completed this training.

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8) Revise Paragraph (B)(5) of Section 14.4.4 (Class III Composting Facility Design and Operations Plan: Design) to read as follows:

14.4.4  Class III Composting Facility Design and Operations Plan: Design 

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(B) Feedstock Processing Areas: The EDOP for a Class III composting facility must describe how the areas where all mixing, tipping and composting occur will be designed and constructed to: 

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(5) The Department may require a low permeability workpad area to manage contact water generated from composting operations. Site-specific conditions, operational practices, feedstock, bulking material and liquid wastes will be evaluated to determine the necessity for a low permeability workpad and low permeability liquid mixing pad/basin.

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9) Amend Section 14.4.5 (Class III Composting Facility Design and Operations Plan: Operations) by revising paragraphs (B) - Financial Assurance and (K) - Personnel Training to read as follows:

SECTION 14.4 - CLASS III COMPOSTING FACILITIES

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14.4.5  Class III Composting Facility Design and Operations Plan: Operations 

Class III composting facilities must comply with their Department-approved EDOP.  The EDOP must include the following operation requirements:

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(B) Financial Assurance: A Class III composting facility must have current financial assurance estimates in accordance with Section 4 of these Solid Waste Regulations.  A Class III composting facility must maintain adequate financial assurance in accordance with its EDOP and with Section 4 of these Solid Waste Regulations.

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(K) Personnel Training: A Class III composting facility must operate under the control of properly trained individuals. Personnel must be trained to recognize prohibited materials, take action when nuisance conditions occur, and implement emergency procedures when necessary.  The EDOP for a Class III composting facility must describe how the facility will comply with these requirements. Each Class III compost facility must have at least one operator that has completed the following training:

(1) Certified operator training: Completion of a nationally recognized or equivalent training on compost facility operations.  A facility shall go no longer than twelve (12) months without having an operator on staff that has completed this training.

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10) Amend Section 14.6 (Sampling of Finished Compost and Soils Amendments) by revising paragraphs (D) and (J) and adding a new paragraph (K) to read as follows:

14.6 – SAMPLING OF FINISHED COMPOST AND SOILS AMENDMENTS

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(D) The owner or operator of a composting facility must ensure that: 

(1) The density of the fecal coliform present in the compost is less than 1000 Most Probable Number per gram of total solids (dry weight basis); and

(2) The density of Salmonella sp. bacteria in the compost is less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis) at the time the compost is to be sold or otherwise distributed for use; or

(3) An owner/operator of a composting facility may receive an approval from the Department and local governing authority for alternate testing after demonstrating how the alternative testing is protective of human health and the environment. 

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(J) Unrestricted Use: Compost that satisfies the levels specified in Table 1 and all other parameters identified by the Department per Section 14.6 is determined by these criteria to be finished compost and acceptable for unrestricted use. The finished compost is considered to be a product not a waste, and is no longer subject to these Solid Waste Regulations, except that storage of finished compost may only occur in designated areas identified in a facility’s operations plan. For those additional constituents identified by the Department under Section 14.6 and not found on Table 1, the Department will approve protective unrestricted use constituent concentrations.

(K) Soil amendments approved in accordance with Section 14.6(C) must meet the Department approved criteria at the time of distribution. Storage of soil amendments that do not meet the unrestricted use criteria must be stored in a manner that is protective of human health and the environment and in accordance with the facility’s operations plan. Storage of liquid soil amendments on the ground is subject to Section 9 of these regulations. The Department may require additional engineering controls for soil amendments.