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Composting in Virginia. Overview of Virginia Solid Waste Management Regulations pertaining to Compost activities Kathryn Perszyk, Solid Waste Permit Coordinator Virginia Department of Environmental Quality. VA Statute & Regulations. Code of Virginia Waste Management Act, 10.1-1400

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composting in virginia

Composting in Virginia

Overview of Virginia Solid Waste Management Regulations pertaining to Compost activities

Kathryn Perszyk, Solid Waste Permit Coordinator

Virginia Department of Environmental Quality

va statute regulations
VA Statute & Regulations
  • Code of Virginia
    • Waste Management Act, 10.1-1400
  • Virginia Administrative Code
    • Solid Waste Management Regulations, 9 VAC 20-81
      • Definitions, Section 10
      • Exclusions/Exemptions, Section 95
      • Exempt Yard Waste Compost Facilities, Section 397
      • Solid Waste Compost Facilities, Sections 310-360
        • Permit Submission Requirements, Section 410.A.
    • Sewage Collection & Treatment Regulations, 9 VAC 25-790
      • (Design of) Compost Facilities, Section 570
      • Proposed Amendment to Biosolids Regulations
vswmr definitions
VSWMR Definitions
  • Composting - manipulation of the natural process of decomposition of organic materials to increase the rate of decomposition.
  • Feedstocks
    • Category I – plant or plant-derived pre-consumer materials
    • Category II – animal-derived waste
    • Category III – animal and post-consumer food wastes with pathogen potential
    • Category IV - other
  • Vermicomposting- the controlled and managed process by which live worms convert organic residues into fertile excrement.
vswmr definitions cont
VSWMR Definitions cont.
  • Vegetative waste – decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, woody wastes such as shrub and tree prunings, bark, limbs, roots, and stumps.
  • Yard waste – a subset of vegetative waste and means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard waste shall not include roots or stumps that exceed 12 inches in diameter.
vswmr exemptions
VSWMR Exemptions
  • Composting sewage sludge at treatment plant of generation w/o addition of other solid wastes
  • Composting of household waste at residence of generation
  • Composting for educational purposes, no more than 100 cy of material at any time; > 100 cy requires DEQ approval
    • Universities composting dining hall wastes, tie to class
    • Festivals with public education component
    • R&D projects, ex. DOT R&D assessing effectiveness of animal mortality composting
vswmr exemptions cont
VSWMR Exemptions cont.
  • Composting animal carcasses at farm of generation
    • GM 02-2009: On-site composting of routine animal mortality
  • Composting veg/yard wastes generated on site where compost generated is used on site
  • Composting pre-consumer food waste/kitchen culls generated on site, composted in containers
  • Vermicomposting of Cat I, II, III materials in containers; offsite materials > 100 cy requires DEQ approval
  • Composting sewage sludge w/ or w/o solid waste when permitted under VPA or VPDES permit
items to consider
Items to consider
  • Broader exemption to allow composting of all on-site generated materials, maybe tied to a qty of waste
    • Restaurants composting all food wastes, not just pre-consumer, in enclosed containers
    • Industries generating organic wastes, such as spent hops from beer production
    • Federal bases composting various on-site wastes
  • Consider allowing agricultural operations and/or veg waste composters to compost poultry litter under exemption (poultry are not herbivorous)
1 agricultural operations
1. Agricultural Operations
  • Accepting yard waste generated off-site, provided that:
    • Total time for composting and storage < 18 mo prior to field application or sale
    • Only yard waste is received
    • Total yard waste received < 6,000 cy in any consecutive 12-mo period
    • All applicable local ordinances/standards are satisfied
    • Operation poses no nuisance or potential threat to HHE
    • Owner submits DEQ Form YW-3
2 agricultural operations
2. Agricultural Operations
  • Accepting only yard wastes and manures from herbivorous animals generated offsite, provided that:
    • Composting area setbacks
      • 300 ft setback from property boundary
      • 1,000 ft setback from occupied dwelling
      • Cannot be located in designated flood plain
    • Operation has at least 1 ac or ground suitable to receive YW for each 150 cy of finished compost
    • Total time for composting and storage < 18 mo prior to field application or sale
    • Qty of offsite manures is limited to achieve C:N ratio of 25:1 to 40:1; manures incorporated w/in 24 hrs of receipt
    • Owner/Operator submits DEQ Form YW-4
    • Annual reporting if > 6,000 cy of waste received in any consecutive12-mo period, DEQ Form YW-2
3 owners of property
3. Owners of Property
  • Accepting yard waste generated offsite for purpose of producing compost, provided that:
    • No more than 500 cy of YW received in any consecutive 12-mo period
    • No compensation received for accepting YW
    • All applicable local ordinances/standards are satisfied
    • Operation poses no nuisance or potential threat to HHE
solid waste compost facilities
Solid Waste Compost Facilities

Applicability, Siting, Design, Finished Product Testing

Permit submission requirements and fees

  • Owner/Operators of facilities producing compost from municipal solid waste/refuse or combinations thereof with animal manures
  • Cannot use solid waste containing hazardous waste, regulated medical waste, or nonbiodegradable waste
  • Types of facilities
    • Type A: enclosed vessel
    • Type B: windrow or aerated static pile method
    • Any compost method w/o prior operational performance in the US will require experimental permit
  • Category I or Category II-IV

9 VAC 20-81-310.A.

siting requirements
Siting Requirements
  • Adjacent to/have direct access to paved/surfaced roads
  • Must be outside areas subject to base floods
  • No facility shall be closer than:
    • 50 ft to it’s property boundary (100 ft buffer to composting activity);
    • 200 ft to any residence, health care facility, school, recreational park area, or similar public institution
    • 50 ft to any perennial stream or river
    • 50 ft to any wetland (applies to storage of solid waste in piles)
  • Sites shall provide adequate room to minimize traffic
  • Have area and terrain to allow for proper run-on, run-off, and leachate management
  • No Type B facilities in geologically unstable areas or where site topography is heavily dissected

9 VAC 20-81-320

design requirements
Design Requirements
  • Handling area and equipment to segregate and store noncompostable components; covered area for Cat II-IV
  • Areas for mixing, composting, curing, screening, and storing shall be graded to prevent run-on, collect run-ff, and provided w/ drainage system; hard surfaced if w/in 2ft of high water table
  • Where Cat IV is received, or >1,000 total tons/qtr of Cat II & III, all receiving, mixing, composting, curing, screening, and storing shall have 1 of the following:
    • Asphalt or concrete area draining to wastewater storage, treatment, or disposal facility
    • Asphalt or concrete diked or bermed area for run-on, run-off , leachate control with a sump with either gravity drain or pump system
    • 6” lime stabilized clay/soil w/ 1x10-7 cm/sec lab permeability can be substituted for asphalt/concrete
    • 12” compacted gravel pad underlain by 60-mil HDPE w/ leachate collection and leak detection

9 VAC 20-81-330.A.

design requirements cont
Design Requirements cont.
  • Engineering controls must be installed for Cat I and Type B Cat II-IV sites
    • Springs, seeps, and other groundwater intrusions
    • Gas, water, or sewage lines under active areas
    • Electrical transmission lines above/below active areas
  • Roads serving the unloading, handling, composting, and storage areas shall be usable under all weather conditions.
  • Cat II-IV facilities shall have:
    • auxiliary power, standby equip, or contingency arrangements
    • For uncovered sites, calculations for sizing surface water control features to be based on 1-hr rainfall intensity and 10-yr return period

9 VAC 20-81-330.A.

finished product testing applicable to cat ii iv facilities
Finished Product TestingApplicable to Cat II-IV Facilities
  • Organism testing, for Cat III & IV facilities (all methods)
    • Parasites, helmith ova
    • Bacteria pathogens, fecal coliform or Salmonella sp. Bacteria

*After 2 yrs, facility can request a reduced frequency

  • Compost stability (1 method only)
    • Temperature decline
    • Reheat potential using Dewar Compost Self-Heating Flask
    • Specific oxygen uptake
    • SolvitaTM Compost Maturity Test
    • Carbon dioxide evolution

9 VAC 20-81-340.A.

finished product testing cont
Finished Product Testing cont.

Metals testing for facilities accepting Cat IV feedstocks

permitting permit by rule
Permitting: Permit-by-Rule
  • Notice of Intent
    • Letter w/ site and area maps
    • Disclosure Statement
    • Local Gov’t certification
  • Certification of siting standards
  • Certification of SWMP consistency
  • Operations Manual Certificate
  • Description of type of facility and feedstocks
  • P.E. Certificate for:
    • Design/Construction standards
    • Closure Plan standards
  • Demonstration of legal control
  • SCC Certification
  • Closure cost estimates / proof of FA
  • Public participation results
  • Permit fee ($390)

9 VAC 20-81-410.A.

  • New Permit & Permit Modification
    • $390, 9 VAC 20-90-120
  • Annual operating fees
    • $1,200, but subject to annual adjustments based on the Consumer Price Index, 9 VAC 20-90-115

Kathryn Perszyk, SW Permit Coordinator

Virginia Department of Environmental Quality

(703) 583-3856