Local Enforcement Agency Correspondence

Composting Operations Regulatory Requirements

Date: March 20, 1998

To: All Local Enforcement Agencies

Mr. Robert Swift
Sonoma County Environmental Health Department
Solid Waste Local Enforcement Agency
1030 Center Drive, Suite "A"
Santa Rosa, CA 95403-2067

Dear Mr. Swift:

Thank you for your recent letter requesting the Integrated Waste Management Board's (IWMB) interpretation of Title 14, California Code of Regulations (CCR), Chapter 3.1. I hope the following responses answer your questions regarding the Composting Operations Regulatory Requirements.

Excluded Activities

Your letter indicated that you interpret section 17855(a)(1) to exclude, from Chapter 3.1 requirements, composting activities at commercial crush wineries that don’t have vineyards (i.e., export grapes to produce wine and then process the resultant pomace) and no more than 500 cubic yards of feedstock/compost on-site at any one time. IWMB staff agrees with your interpretation. Small-scale commercial operations are considered to be "similar entities" to the other types of activities specified as excluded in section 17855(a)(1).

You indicated that the processing of pomace that meets the criteria of section 17855(a)(2) is excluded from Chapter 3.1 requirements. IWMB staff agrees with your interpretation. Pomace is considered a green material that has been derived from agricultural commodities.

You stated that commercial crush wineries that store less than 1,000 cubic yards of feedstock or compost at any one time or store the material for 7 days or less are excluded from the Composting Operations Regulatory Requirements. IWMB staff agrees with your interpretation, with one very minor exception. Storage of 1,000 cubic yards or less is excluded, not just less than 1,000 cubic yards.

Composting Operations Subject to EA Notification Requirements

You indicated that the following operations are subject to EA Notification requirements:

1. Operations that compost agricultural material (e.g., pomace) only and sell or give away more than 2,500 cubic yards annually [14 CCR 17856(a)]
2. Operations that use agricultural material and clean green material and sell or give away less than 1,000 cubic yards annually [14 CCR 17856(c)]

IWMB staff agrees with the above two statements, with one very minor exception. An operation that uses agricultural material and clean green material is subject to the EA Notification requirements if 1,000 cubic yards or less is sold or given away, not just less than 1,000 cubic yards. Please be aware that the site would not be regulated as an agricultural material composting operation if the clean green material portion exceeds the agricultural commodities portion of active compost on-site annually [14 CCR 17852(f)], but as a green material composting operation or facility.

Composting Facilities Subject to Registration/Standardized Permit Requirements

You indicated that the following is subject to the registration/standardized permit requirements: a facility that uses agricultural material and clean green material and sells or gives away more than 1,000 cubic yards annually [14 CCR 17856(c)]. IWMB staff agrees with your interpretation.

Feedstock Versus Additive

Your letter indicates your belief that tree and landscape trimmings should not be considered as feedstock since the incorporation of these materials into the composting process is used for the beneficial bulking agent properties (i.e., as an additive, rather than as a feedstock). The Final Statement of Reasons for the July 30, 1995 version of Chapter 3.1 states:

Materials that qualify as feedstock are not to be considered as "amendments" or "additives." For example, some operations may consider adding sewage sludge as a nitrogen source in their composting operations. As sewage sludge is a "feedstock" it cannot be considered an "additive" or "amendment," no matter how small an amount is used.

Therefore, tree and landscape trimmings should be considered a feedstock and regulated as a "Clean Green Material" if used in an agricultural material composting operation. This material would be regulated as "Green Material" if mixed with other wastes and not processed by a permitted solid waste facility in order to reduce contamination to the greatest extent possible [14 CCR 17852(l)]. Tree and landscape trimmings are considered to be feedstock whether or not the material is processed by a permitted solid waste facility.

Excluded Agricultural Waste Management Practice

You indicated that the following should be considered an excluded agricultural waste management practice: a dairy that uses manure and tree and landscape trimmings. This operation would not be excluded unless less than 500 cubic yards of material was on-site at any one time. As stated above, tree and landscape materials are considered a feedstock. IWMB staff realizes the cost of complying with the registration permit requirements may be prohibitive for some operators.

There are materials that can be used as additives that would not require the issuance of a solid waste facility permit to the dairy. For example, if an agricultural material is used as a bulking agent (e.g., rice hulls, chipped orchard wood, etc.), the activity or operation may be excluded or subject to the EA Notification requirements.

Mushroom Farms

The Board determined that mushroom farms were outside the scope of the composting regulations. However, activities associated with mushroom farms may be subject to Chapter 3.1 requirements. This will only be the case if material is not being solely composted for use as growth medium for the mushrooms. For example, if a mushroom farm was composting green material for use as a growth medium and also producing compost for sale, the activity could be subject to the Composting Operation Regulatory Requirements. This would depend on the size of the operation and the feedstock. Depleted compost that is amended with Nitrogen is not subject to these requirements.

Thank you again for writing. Please keep in mind that staff is currently working on another phase of Chapter 3.1 development and your concerns may be addressed in that rulemaking. Jeff Watson is the lead on this project and can be reached at (916) 341-6384. I have forwarded your concerns to him. Should you have any further questions regarding this letter, please contact me at (916) 341-6360.

Sincerely,

Original signed by:

Dorothy Rice
Deputy Director
Permitting and Enforcement Division

Cc: Jeff Watson, CIWMB, LEA Support Services Branch

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