1. Regulating Composting United States Composting Council Compost Operations Training Course March 5, 2014 Greg Pirie County of Napa Department of Planning, Building, and Environmental Services Ken Decio California Department of Resources Recycling and Recovery (CalRecycle)

2. Regulations you may need to know State CCR, Title 14. Environmental Protection – Waste – Water – Air Occupational safety Product Local Land Use/Zoning/CUP Construction & Occupancy/Building City/County Code Solid Waste Mgmt Hauling Franchise Agreements

3. Different types of permits Full – Allows processing of all materials Registration (limited scope) – Limited scope to make it easier to get permit Enforcement Agency Notification (Permit-by-rule) – Permit deemed automatically within specific set of conditions – Notify Planning Department

4. California Regulations ( Integrated Waste Management Act) Integrated approach to waste management practices: emphasis on recycling and waste reduction. Title 14 (compost, transfer station, chip & grind, tiers) Title 27 (Landfill) Defined a statewide solid waste permitting and enforcement program to be administered by CalRecycle and enforced at the local level by certified Local Enforcement Agencies (LEA). CalRecycle has dual mandate of assistance and enforcement 4

5. Composting Tiers Excluded Enforcement Agency Notification Full Permit *DISCRETIONARY VS. NON DISCRETIONARY* 5

6. Tier Placement Based On: Material Type (feedstock) Volume to be processed Location 6

7. Material Type (Feedstock) Agricultural Material Green Material Biosolids Food Material Mixed Solid Waste 7

8. Volume to be Processed Compost Excluded 500 yd 3 or less material generated on site Notification 12,500 yd 3 or less green material Full Permit >12,500 yd 3 green material &/or other material Chip and Grind Notification < 200 tons per day Registration 200 to 500 tons per day Full Permit > 500 tons per day 8

9. Location Stand-alone operation or facility Farm and ranch Public Operated Treatment Works Co-located at a permitted solid waste facility Biomass conversion site 9

10. 10 TYPE OF FEEDSTOCK EXCLUDEDEA NOTIFICATIONFULL PERMIT BIOSOLIDSSTORAGE ON SITE AT A POTW BIOSOLIDS ONLY SEPARATE FROM NORMAL TREATMENT AT A POTW GREEN MATERIAL ≤500 CU YDS ONSITE ≤1000 CU YDS GIVEN AWAY OR SOLD ANNUALLY ≤12, 500 CU YDS > 12,500 CU YDS, OR GREEN MATERIAL WITH OTHER WASTE INCLUDING FOOD AGRICULTURAL MATERIAL (INCLUDES MANURE) ≤1000 CU YDS GIVEN AWAY OR SOLD ANNUALLY ONLY AG MATERIAL WHEN MIXED WITH OTHER WASTE INCLUDING FOOD RESEARCH < 50 CU YDS ≤5000 CU YDS ON-SITE OR IN-VESSEL ( > 5000 CU YDS WITH LEA APPROVAL) FOOD WASTE≤10 % FOOD WASTE, ONLY WITH GREEN MATERIAL ≤500 CU YDS, ON-SITE AND ≤1000 CU YARDS GIVEN AWAY OR SOLD ANNUALLY RESEARCH OPERATION ONLY WHEN ADDED TO THE TREATMENT OF BIOSOLIDS AT A POTW ALL OTHER SITUATIONS

11. Permit Components Construction and Site Preparation – Pad materials or performance – Layout or components – Maps – Signage and security – Leachate/runoff mgmt – Engineering signoff

12. Permit Components Odor Impact Minimization Plan – Nuisance odor plan, response methodology – Weather variations – Moisture/aeration – Regulatory approval – Documentation, benefit to the operator

13. Permit Components Operational requirements – Methods – Monitoring – Odor control (OIMP) – Contingency or emergency – Non-compostables mgmt (contaminants) – Time limits – Closure requirement

14. Some facilities require more odor control than others

15. Permit Components Record Keeping – Log of operation – Annual report Paper or electronic? Specific forms? – How long to keep – Available for inspection

16. Permit Components Product Quality – Are there standards? – Sampling methodology and frequency – Labs specified? – Substitution? – Before distribution? – Availability? – Recourse if failed?

17. Other Environmental Protection Permits Water Protection – National Pollution Discharge Elimination System – Erosion and Sediment control during construction – Long term stormwater management – State Water Resources Control Board – Regional Water Quality Control Boards (9) – Local Enforcement Agency Air Protection – Odors as nuisance – Air pollutants from point sources – Local air pollution control districts (35)

18. Other Permits Zoning – Often requires conditional use permit – Has been approved as an “ag-related” business Fire Marshal Solid Waste Management – District, County, Agency, Authority, or ? – May need to approve or include in plan

19. Other Permits Sales & Marketing Agriculture or Consumer Protection Depends on claims – Fertilizer, soil amendment or conditioner – Fertilizer includes guaranteed analysis of N-P-K Label requirements Facility license and product registration

20. Revision to Title 14 & Title 27 – 14 Issues Food waste definition Land application: disposal or beneficial use On-site storage and 12,500 cubic yard limit Odor complaints POTWs accepting food waste and fats, oils and grease Green waste contamination Anaerobic Digestion facility permitting Regulatory coordination of meat, fish, and poultry Max. metal concentrations consistency with federal regulations Clarify “processing” in agricultural material definition Small-scale composting exclusions Clarify “permitted maximum tonnage” on Form E-1-77 Vermiculture EA Notification Inspection frequency language

21. Major Changes/Issues Food Material Composting Small-scale Compost Exclusion Land Application of Compostable Materials Physical Contaminants in Compost Odor Management In-Vessel Digestion (anaerobic digestion)

22. CalRecycle Responsibilities Certify and evaluate LEAs Provide LEAs with technical support and training Concur or object to issuance of permits Inspect landfills (18 months) & other facilities as needed to evaluate & assist LEAs 22

23. LEA Responsibilities Process and issue permits Inspect facilities Document compliance status Complaint investigations Carry out Enforcement Actions 23

24. Inspectors take an overall view of the facility

25. Working with regulators Be honest Listen Ask questions Make sure you understand requirements and expectations Ask about other facilities similar to yours Discuss requirements that are unduly onerous and propose alternatives

26. Working with regulators, con’t. Be personable, cooperative, polite, honest Heed the rules Don’t be late Write everything down (including names and titles) Request decisions and opinions in writing Keep very good records at the facility Don’t push your permit Don’t let small problems escalate!

27. Inspections Prepare You know what they will look for!!! State Minimum Standards Permit Conditions Site volume limits Organized and complete records Complaint response

28. Be vigilant and you won’t get burned out.

29. CalRecycle On-Line Assistance Tier Placement www.calrecycle.ca.gov/LEA/Regs/Tiered/TierChart.htm Permit Toolbox www.calrecycle.ca.gov/SWFacilities/Permitting/default.htm 29