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

(Adopted by the Solid and Hazardous Waste Commission on November 18, 2008)

Repeal and replace Section 14 in its entirety to read as follows: 

SECTION 14

COMPOSTING

14.1 GENERAL PROVISIONS 

 14.1.1 Scope and Applicability

(A)	This Section 14 applies to all owners or operators that compost solid waste. Composting operations exempt from these Section 14 requirements are specified in Section 14.1.2.  

(B)	Compliance with this Section 14 shall not relieve any facility owner or operator from his/her obligation to comply with any other applicable federal, state or local statutes, regulations, requirements or ordinances. 

14.1.2 Exemptions

This Section 14 does not apply to the following composting operations, unless the Department determines that the composting operation described below and otherwise exempt may adversely affect human health and the environment: 

(A)	Backyard composting: Type 1 feedstocks and foodwaste only, operations up to 100 cubic yards qualify as Backyard composting; 

(B)	A business that processes yard or landscaping waste, generated through routine operations, into mulch for product distribution (the owner or operator must register as a recycler under Section 8 of these Solid Waste Regulations);

(C)	 A business that accepts finished compost for bagging or handling; 

(D) Agricultural composting operations where either:

(1)	Compost materials include only agricultural waste generated on-site, subject to the following conditions: 

(a) The compost is produced at a manufacturing facility registered by the Colorado Department of Agriculture (CDA), pursuant to § 35-12-101 et seq., C.R.S.; and

(b) Finished compost distributed off-site shall meet the specifications for compost established by the CDA; or

(2) Compost materials include only agricultural waste generated on-site, and imported wood chips and tree branches, subject to the following conditions: 

(a) Importation of wood chips and tree branches only in quantities necessary for effective composting of the agricultural waste generated on-site; 

(b)	Storage of imported wood chips and tree branches is limited to nine (9) months;

(c) The facility keeps records to support adherence to this time limit; 

(d) The compost is produced at a manufacturing facility registered by the CDA, pursuant to § 35-12-101et seq., C.R.S.;

(e) Finished compost is subject to the specifications for compost established by the CDA; and

(f) The finished compost is only used on agricultural zoned property, as defined by the local requirements.

(E)	The composting of biosolids at a wastewater treatment plant provided that the facility has received a permit in accordance with the Department’s Biosolids Regulations No. 64, 5 CCR 1002-64, promulgated pursuant to Section 25-8-205(1)(e), C.R.S. 
 
14.1.3 Compliance Schedules

(A) An application to amend a facility’s certificate of designation to incorporate the requirements of this Section 14 must be filed by the owner or operator of existing composting facilities with the local governing authority within six (6) months of the effective date of this Section 14.  

(B) If an existing facility does not have a certificate of designation, and one is required under § 30-20-102, C.R.S. then the owner or operator of facility must submit an application for certificate of designation to the local governing authority within six (6) months of the effective date of this Section 14. 

(C) For existing Class III and Class IV facilities not requiring a certificate of designation, the owner or operator must submit to the Department and the local governing authority within six (6) months of the effective date of this Section 14 either a revised engineering design and operations plan (in the case of facilities that already have an approved plan) or a new engineering design and operation plan incorporating the requirements of this Section 14.  

(D) Within six (6) months of the effective date of this Section 14, facilities that cannot meet the compliance schedule specified in 14.1.3(A), 14.1.3(B) or 14.1.3(C) must make a demonstration to the Department showing why this compliance schedule cannot be met, and must request an alternate schedule for coming into compliance with this Section 14.  Such extension shall be subject to Department approval, but the deadline for coming into compliance may be extended no longer than eighteen (18) months after the effective date of this Section 14.

(E) Within twelve (12) months of the effective date of this Section 14, an existing Class V composting facility must have onsite a completed Composting Plan that complies with Section 14.11.

14.1.4 Compost Feedstock Types

The categories described below are not intended to be all-inclusive, but rather are set forth as guidance to assist owners and operators in determining the appropriate classification of a proposed or existing composting facility.  The Department recognizes that case-by-case determinations may be necessary concerning selection of an appropriate category for a particular feedstock.  Accordingly, the Department may require that analytical and/or process information be supplied by the owner or operator to assist in making such determinations. 

Type 1:  Agricultural crop residues, manure, untreated wood wastes, yard, paper and green wastes. 

Type 2: Animal material, animal mortalities and source separated food wastes. 

Type 3: Biosolids, solid waste, processed solid waste and sludges.

14.2 COMPOSTING FACILITITY CLASSIFICATIONS

Classification of composting facilities is based upon the types of feedstocks received by the facility and the nature of the operation.

14.2.1 Class I Composting Facility

A Class I composting facility is one that:

(A) Is permitted to receive Types 1, 2 or 3 feedstocks;

(B) Is not restricted as to the volume of feedstocks, bulking agent or in-process material that may be present on the site at any given time; and

(C) May accept feedstocks from multiple generators at one location for processing.

14.2.2 Class II Composting Facility

A Class II composting facility is one that:

(A)	Is permitted to receive only Type 1 and Type 2 feedstocks;

(B) Is not restricted as to the volume of feedstocks, bulking agent or in-process material that may be present on the site at any given time; and

(C)	May accept feedstocks from multiple generators at one location for processing.

14.2.3 Class III Composting Facility

A Class III composting facility is one that:

(A) Receives only Type 1 feedstocks; 

(B) Is limited to a total volume of 50,000 cubic yards of feedstock, in-process and bulking material on-site at any one time (finished compost does not count toward this total); and

(C) May accept feedstocks from multiple generators at one location for processing.

14.2.4 Class IV Composting Facility

A Class IV composting facility is one that:

(A) Receives only Type 1 feedstocks and/or foodwaste;

(B)	Is limited to a total volume of 5,000 cubic yards of feedstock, in-process and bulking material on-site at any one time (finished qualified product does not count toward this total);

(C)	Limits composting activities to waste generated on-site and to an area two (2) acres in size or less; and

(D) Fits into one of the following facility categories:  

(1) A vermicomposting operation that uses Type 1 feedstocks and/or food waste as growth media; or

(2) A horticultural or landscaping operation that accumulates and composts only tree and yard waste from their business operations and only imports other compatible material types and only in quantities necessary for effective composting.  Composting occurs at the location where tree and yard waste is processed; or

(3) Institutions that compost waste at the site where they are generated and only imports other compatible material types and only in quantities necessary for effective composting. Institutions may include, but are not limited to, correctional facilities, schools, parks, community centers and golf courses.  

14.2.5 Class V Composting Facility

The Class V composting facility classification is for agricultural composters that do not meet the requirements in Section 14.1.2(D).  A Class V composting facility is one that:   

(A) Conducts composting operations at the site of waste generation or on agriculturally zoned property owned by the generator; and

(B)	Uses only agricultural waste generated on site and other compatible material types and only in quantities necessary for effective composting.

14.3 GENERAL REQUIREMENTS FOR CLASS I, II and III COMPOSTING FACILITIES 

This Section applies to Class I, II, and III composting facilities.

14.3.1 Facility Design Requirements

(A) Review by Professional Engineer:  All engineered features of the facility design shall be reviewed and sealed by a Colorado registered professional engineer.

(B) Surface Water Control:  Surface water control features at compost facilities shall be designed, constructed and maintained: 

(1) To prevent flow onto the facility during peak discharge from a 25-year, 24-hour storm event;  

(2) To control and collect the on-site run-off water volume resulting from a 25-year, 24-hour storm event; 

(3) To contain and manage leachate;

(4) Such that all storm water/leachate containment structures shall be constructed of a minimum of eighteen (18) inches of compacted soil or in-situ earthen material or other low permeability materials to achieve a hydraulic conductivity of less than or equal to 1 x 10-6 cm/sec; 

(5) Alternative liner designs that perform in an equivalent manner to the Section 14.3.1(B)(4) liner design may be approved by the Department and the local governing authority based on a demonstration of alternate liner design’s equivalent performance, the waste type and site specific technical information;

(6) All stormwater/leachate containment structures shall be dewatered within thirty (30) calendar days of a storm event so that full runoff storage capacity is maintained; and

(7) Such that storm water/leachate containment structures shall be designed and maintained with a minimum 2 feet of freeboard measured from lowest elevation at any given time.

(C) Leachate Control:  A low permeability workpad area may be necessary to manage leachate generated from composting operations. Site-specific conditions, operational practices, feedstock, bulking material and liquid wastes will be evaluated to determine the necessity for a workpad.  The workpad shall be an engineered feature that is designed and constructed to: 

(1) Ensure ground water protection; 

(2) Be of sufficient slope to direct storm water/leachate to the appropriate collection and storage system; and 

(3) Withstand various temperatures and allow for heavy equipment operation, without damage or failure. 

14.3.2 Facility Construction Requirements

(A) Composting facilities shall implement their approved quality assurance and quality control plan in constructing all engineered structures at the facility.

(B) A construction certification report shall be submitted to the Department for review and approval, at a minimum, sixty (60) calendar days prior to acceptance of feedstock, liquid waste or bulking material. 

(C) The owner or operator of a composting facility shall provide copies of the construction record drawings for engineered features at the site and a report documenting facility construction, including the results of observations and testing carried out as part of the construction quality assurance plan, to the Department and local governing authority. 

(D) Facilities shall not commence operation until the Department has determined that the construction was completed in accordance with the approved engineering report/plans and specifications and has approved the construction documentation in writing.

14.3.3 Facility Operation Requirements

(A) Prohibited Materials:  No composting facility may accept asbestos or asbestos containing materials, infectious waste, hazardous waste, PCB waste or lead-acid batteries.

(B) Financial Assurance:  The owner or operator of a composting facility shall establish financial assurance in accordance with Section 1.8 of these Solid Waste Regulations. 

(C) Surface Water Control:  A composting facility shall control surface water flowing onto the site and prevent surface water from leaving the site.  All stormwater/leachate containment structures shall be dewatered within thirty (30) calendar days of a storm event so that full runoff storage capacity is maintained.  Freeboard shall be maintained at a minimum of two (2) feet at all times.

(D) Nuisance Conditions:  A composting facility shall control on-site and prevent off-site nuisance conditions such as noise, dust, mud, odors, vectors and windblown debris.  

(E) Access Control:  A composting facility shall control access to prevent illegal dumping, prevent unauthorized access and provide for site security both during and after business hours.  Effective artificial barriers or natural barriers may be used in lieu of fencing.

(F) Signage: A composting facility shall erect and maintain signage that identifies the facility name, emergency contact information, and the materials that will and will not be accepted, and that ensures adequate traffic control.

(G) Contingency Plan:  A composting facility shall develop, maintain for current site conditions, and keep available at all times, a contingency plan which outlines the corrective or remedial procedures to be taken in the event of: 

(1) The delivery of unapproved feedstock, bulking material, liquid waste or other waste materials; 

(2) Contamination of surface water or ground water; and 

(3) The occurrence of nuisance conditions either on-site or off-site. 

(H) Fire Protection:  A composting facility shall properly implement its approved fire protection plan as required by local fire codes, and such plan shall be kept current with site conditions and compliant with local fire codes.

(I) Odor Control:  A composting facility shall implement its Department-approved odor management plan as necessary to control on-site and prevent off-site nuisance conditions, including the following:

(1)	Develop operational procedures to minimize on-site odors and prevent off-site odors (e.g., incorporating feedstocks with bulking material as soon as practical).

(2)	Develop operational procedures to mitigate odors when they occur either on-site or off-site (e.g., use of biofilters).

(3)	Develop strategies for mitigating off-site odors (e.g., communication with neighbors, responding to complaints within 24 hours).

(J) Personnel Training:  A composting facility shall operate under the control of properly trained individuals.  Personnel shall be trained to recognize prohibited materials, take action when nuisance conditions occur, and implement emergency procedures when necessary.

(K) Pathogen Reduction:  The owner or operator of a composting facility shall ensure that the composting process reduces pathogens. The pathogen reduction methodology shall be described in the facility’s Design and Operations Plan per Section 14.4.  Processes to reduce pathogens include, but are not limited to: 

(1) Windrow composting: the compost material must be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for fifteen (15) days or longer.  The fifteen days do not need to be consecutive.   During the period when the compost is maintained at 55 degrees Celsius or higher, there shall be a minimum of five (5) turnings of the windrow.

(2) Within-vessel composting: the compost material must be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for three (3) days.

(3) Aerated static pile composting process: all in-process compost shall be covered with sufficient insulating material, and the pile shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of three (3) days. 

(4) Alternative methods of compliance to meet requirements of Section 14.5.4 may be approved by the Department based on a demonstration that these methods achieve an equivalent pathogen reduction.

(L)	Groundwater Monitoring:  A composting facility which has not received a specific waiver from ground water monitoring from the Department and the local governing authority, shall submit a Ground Water Monitoring Plan to the Department for review and approval in accordance with Section 2.2 of these Solid Waste Regulations.  Monitoring parameters will be established based on the hydrogeologic data related to the site, the type of waste stream(s) accepted at the facility and waste characterization analyses performed on incoming wastes.

14.4 ENGINEERING DESIGN AND OPERATION PLAN

The owner or operator of a Class I, II or III composting facility shall submit an engineering Design and Operations (D&O) Plan to the Department and the local governing authority for review and approval, prior to commencing facility construction, composting or feedstock storage operations. The plan shall describe how the facility will comply with all applicable requirements in these Solid Waste Regulations.  

14.4.1 All portions of the facility design and site investigation shall be reviewed and sealed by a Colorado registered professional engineer or reviewed and signed by a professional geologist, as appropriate.

14.4.2	Each Design and Operations Plan shall include, at a minimum: 

(A) Names, addresses, and telephone numbers of the owner and/or operator, and one or more persons having the authority to take action in the event of an emergency;  

(B) Name of the composting facility, the physical address and legal description, location with respect to the nearest town, and mailing address, if different from physical address; 

(C) Site maps and plans drawn to a common recognized engineering scale illustrating the facility's surveyed property boundaries, location of processing and storage areas, adjoining properties, roads, fencing, existing and proposed structures, surface water containment and control structures and all proposed monitoring points for surface water and groundwater quality;  

(D) Maximum facility capacity and a description of the types of materials to be composted, including: 

(1) Estimated quantities of feedstocks;

(2) Estimated quantities of liquid wastes;   

(3) Estimated quantities of bulking materials; 

(4) Estimated quantities of in-process material; and 

(5) Estimated finished product on-site.

(E)	Mass balance evaluation for feedstocks, and bulking materials to determine an acceptable mixture for efficient composting;  

(F) A detailed description of the composting operation specifically defining all procedures, activities, waste acceptance practice, pathogen reduction methodology and periods of non-activity;  

(G) Description of an adequate system of barriers, fencing, or other site controls to prevent unauthorized site access; 

(H) Description of site signage; 

(I) Description of site security measures taken to ensure the site is secured during business hours to control public access, and prevent unauthorized vehicles and illegal dumping of wastes;

(J) Description of employee training, including recognition of prohibited material, actions taken to mitigate nuisance conditions and implementation of contingency plan;

(K) Design of surface water control system; 

(L) An evaluation of potential impacts to existing surface water and ground water quality, including but not limited to: 

(1) A description of site geological and hydrogeological conditions; 

(2) Floodplain information including evidence that the proposed site is not located within a 100-year floodplain; 

(3) Public water supply information including the location of all water supply wells, springs, and surface water intakes within one mile of the proposed facility boundary; 

(4) Identification of all lakes, rivers, streams, springs, or bogs, on-site or within one-half mile of the proposed facility boundary; 

(5) Depth to, and thickness of, the uppermost aquifer; 

(6) Hydrologic properties of the uppermost aquifer;  

(7) Information regarding the existing quality of ground water beneath the proposed facility; 

(8) The types and regional thickness of unconsolidated soils materials; 

(9) The types and regional thickness of consolidated bedrock materials; and 

(10) Geologic hazards such as slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential.

(M) Plans for closure and post closure care of the composting facility as defined further in Sections 14.8 and 14.9; 

(N) Contingency plans, describing actions to be taken in the following situations:

(1) The delivery of unapproved feedstock, bulking material, wetting agent or other waste materials; 

(2) Contamination of surface water or ground water; and 

(3) The occurrence of nuisance conditions either on-site or off-site. 

(O) Fire protection plan; 

(P) Odor management plan;

(Q)	Provision that all engineered features in the facility design be reviewed and sealed by a Colorado professional engineer;

(R)	A quality assurance and quality control plan to be reviewed and approved by the Department and the local governing authority for all engineered structures at the facility; and

(S)	A detailed description of sampling procedures for testing of finished compost. 

14.5 SAMPLING OF FINISHED COMPOST  

14.5.1 Compost Standards

(A) The owner or operator of a compost facility (unless exempt under Section 14.1.2) shall ensure that compost to be sold or distributed for off-site use meets the standards set forth in Table 1 of this Section 14, and with Section 14.5.5 below. Compliance with these standards shall not relieve any owner or operator from their obligation to comply with any other applicable agency standards, such as those of the Colorado Department of Agriculture. 

TABLE 1 
Maximum Constituent Concentration For Compost 
Sold Or Distributed For Off-site Use 
(mg/kg dry weight basis) 
 CONSTITUENTS 	MAXIMUM LEVEL 	
INORGANICS1 (mg/kg) 	 	
Arsenic 	41 	
Cadmium 	39 	
Copper 	1500 	
Lead 	300 	
Mercury 	17 	
Nickel 	420 	
Selenium 	100 	
Zinc 	2800 	
BIOLOGICAL 	 	
Fecal coliform 	see 14.5.1 (B)	
Salmonella 	see 14.5.1 (B)	

1Inorganic Methodology: Test Methods for Evaluating Solid Waste Physical/Chemical Methods (SW-846) Third Edition, December 1996: As, Cd, Cu, Pb, Ni, Se and Zn by Method 6010 or 7000.  Hg by 7471. These documents are available for review at the Colorado Department of Public Health and Environment (See § 1.1.2 of these Regulations) and the State Publications Depository Libraries.

(B) The owner or operator of a composting facility shall 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); or 

(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.

14.5.2 Sampling Frequency:  Finished compost shall be sampled and tested once every 10,000 cubic yards of compost produced, or annually, whichever is more frequent. The Department, in consultation with the local governing authority, may require additional sampling and testing when a change in feedstocks, bulking material, liquid waste or operational practices warrant greater frequency.

14.5.3 Reintroduction of Finished Product into Compost Process:  Finished compost which has been sampled and tested, but to which raw or partially composted feedstock, bulking material, or liquid waste is added prior to, or during distribution, shall be reintroduced into the composting process, re-sampled and re-tested prior to commencing or continuing distribution.

14.5.4 Sampling Methodology:  Sample collection, preservation, and analysis shall assure valid and representative analytical results. Sampling procedures shall be described in the facility’s design and operation plan.

14.5.5 Additional Testing:  The Department may require additional testing of finished compost for constituents not found in Table 1 and at a frequency greater than specified in Section 14.5.2 of this Section 14. 

14.5.6 Exceedances:  Compost that exceeds the levels specified in Table 1 or as specified in the approved design and operations plan must be: 

(A) Reintroduced into the composting process; or   

(B) Disposed of at a permitted solid waste disposal facility; or 

(C) Otherwise used in a manner approved by the Department and local governing authority. 

14.5.7 Unrestricted Use:  Compost that satisfies the levels specified in Table 1 and all other parameters identified by the Department per Section 14.5.5 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.  For those additional constituents identified by the Department under Section 14.5.5 and not found on Table 1, the Department will approve protective unrestricted use constituent concentrations. 

14.6 CLASS-SPECIFIC REQUIREMENTS FOR COMPOSTING FACILITIES

14.6.1 Class I Composting Facility Requirements:  Class I composting facilities have no limitation as to feedstock type or material volume except as may be specified in the certificate of designation or approved design and operations plan.

(A) No person shall operate a Class I composting facility without having obtained a certificate of designation from the local governing authority, in accordance with Section 1.6 of these Solid Waste Regulations.

(B) The owner or operator of a Class I composting facility shall develop and implement the facility’s approved waste characterization plan in accordance with Section 1.2 of these Solid Waste Regulations.

(C) The owner or operator of a Class I composting facility shall only receive those feedstocks, bulking materials and liquid wastes specified in the approved design and operation plans for the facility.  Acceptance of composting materials, different from those originally approved, shall be in accordance with the facility’s waste characterization plan.

14.6.2 Class II Composting Facility Requirements:  Class II composting facilities have no limitation as to material volume, except as may be specified in the certificate of designation or the approved design and operation plan.

(A) No person shall operate a Class II composting facility without having obtained a certificate of designation from the local governing authority, in accordance with Section 1.6 of these Solid Waste Regulations.

(B) The owner or operator of a Class II composting facility shall only receive Type I or Type II feedstock and only receive those liquid wastes specified in the approved design and operation plan.

14.6.3 Class III Composting Facility Requirements:  Class III composting facilities satisfying the following provisions do not require a certificate of designation:

(A) The owner or operator of a Class III composting facility shall only receive Type I feedstock and shall only receive those liquid wastes specified in the approved design and operation plan.

(B) The owner or operator of the Class III composting facility shall limit the total volume of feedstock, bulking agent and in-process material on-site at any given time to 50,000 cubic yards or less.  Finished qualified product does not count toward this total.

14.6.4 Class IV Composting Facility Requirements: Class IV composting facilities satisfying the following provisions do not require a certificate of designation:

(A) The owner or operator of the Class IV composting facility shall only compost Type I feedstocks and/or food waste generated on the site.

(B) The owner or operator of the Class IV composting facility shall only import other compatible materials of a type and quantity necessary for effective composting.

(C) The owner or operator of a Class IV composting facility shall limit the composting activities to a two-acre area.

(D) The owner or operator of the Class IV composting facility shall limit the total volume of feedstock, in-process and bulking material present on the site at any given time to 5,000 cubic yards.  Finished compost does not count toward this total.

(E) Class IV composting facilities are not required to submit a design and operations plan.  Instead, the facility shall operate in accordance with the requirements defined in Section 14.11 of these Regulations.

14.6.5 Class V Composting Facility Requirements:  Class V composting facilities satisfying the following provisions do not require a certificate of designation:

(A) The owner or operator of the Class V composting facility shall conduct composting operations only at the site of waste generation or on contiguous property owned by the generator.

(B) The owner or operator of the Class V composting facility shall compost only agricultural wastes generated on-site and other compatible materials necessary for effective composting in quantities and types as approved by the Department and local governing authority.

(C) Engineered features or operational plans already approved by the Department would not need to be re-submitted if equivalence is demonstrated (e.g., storm water control features that meet the requirements in the Confined Animal Feeding Operations Control Regulation, 5 CCR 1002-81).

(D) Class V composting facilities are not required to submit a design and operations plan.  Instead the facility shall operate in accordance with the requirements defined in Section 14.11 of these Regulations.

14.7 RECORDKEEPING AND REPORTING
  
14.7.1	Each composting facility shall maintain, at a minimum, the following applicable records: 

(A) Type and amount of feedstock(s), liquid waste(s), and bulking material(s) received, processed and remaining on-site; 

(B)	Amount of finished compost sold, used on-site or distributed off-site;  

(C)	Water quality monitoring data;

(D)	Liquid waste analytical data;

(E)	Feedstock analytical data;  

(F) Compost analytical data; 

(G)	Operational monitoring data including time and temperature readings;  

(H)	Windrow/pile aeration data; 

(I) Financial assurance documentation; 

(J) Design and operations plan;  

(K) Certificate of designation;

(L) Waiver demonstration documentation; and

(M) Facility personnel training records. 

14.7.2 These records shall be maintained at the facility, unless otherwise approved by the Department and local governing authority, and shall be made available to the local governing authority, and the Department, upon request during business hours. 

14.7.3	Each composting facility shall submit an annual report by May 1st of each year to the Department and local governing authority. The annual report shall provide the total volume of materials received at the facility during the previous calendar year, including by type: 

(A) The quantity of finished product used on-site, sold, or distributed off-site; and  

(B) The quantity and type of feedstock, liquid waste, and bulking material received, processed, and remaining on-site. 

14.8 CLOSURE PLAN

14.8.1 Each Design and Operations Plan shall include a provision for closure of a composting facility. 

14.8.2 Closure Plan  

If at any time a composting facility ceases operation, including the discontinued receipt, processing and sale of materials for more than one hundred eighty (180) days, the owner or operator shall notify the Department and local governing authority and unless otherwise approved by the Department and the local governing authority, the owner or operator must begin implementation of its Closure Plan. Closure activities shall not exceed ninety (90) days in length. Extension of the closure period may be granted by the Department and the local governing authority if the owner or operator demonstrates that closure will, of necessity, take longer than ninety (90) days and all measures necessary to prevent threats to human health and the environment will be taken. 

14.8.3 The Closure Plan shall contain, at a minimum: 

(A) A complete and accurate description and schedule of all steps necessary to achieve closure of the composting facility.  Such steps shall include the following criteria: 

(1) The removal of all stored raw feedstock, bulking material, and liquid waste to a permitted solid waste facility or a facility where the wastes may be beneficially reused with approval from the Department and local governing authority; 

(2) The removal of all other wastes on-site, including those wastes generated by closure activities, to a permitted solid waste facility;  

(3) The removal of all workpad areas; 

(4) The removal of all storm water control and collection structures, unless specifically approved by the Department and local governing authority to remain on-site; 

(5) The removal of all tanks, structures and equipment;

(6) Site restoration including regrading and revegetation; and 

(7) The removal of partially composted feedstocks and bulking material to a permitted solid waste facility or another compost facility with approval from the Department and local governing authority.

14.8.4 Within fourteen (14) calendar days of commencing implementation of the Closure Plan, the facility shall provide written notification to the Department and the local governing authority. 

14.8.5 Within thirty (30) calendar days of completing closure activities the owner/operator of the facility shall provide written notification to the Department and local governing authority to document that all the requirements and conditions of the closure plan have been achieved.

14.8.6 Following closure of the facility, a notation must be placed on the deed notifying any potential purchaser that the property has been used as a composting facility.

14.9 POST-CLOSURE CARE AND MAINTENANCE 

14.9.1 Following closure of the composting facility the owner or operator must conduct post-closure care, which shall consist of at least the following:

(A) Continued monitoring, sampling and testing of soil, groundwater or surface water as defined in the post-closure plan; 

(B) Inspection and maintenance of any cover material or vegetation; and 

(C) An annual report submitted to the Department and local governing authority detailing post-closure care activities during the prior year.

14.9.2 The post-closure care and maintenance period shall be for a minimum of five (5) years.  The length of the post-closure care period may be:

(A) Decreased by the Department after consultation with the local governing authority if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment; or

(B) Increased by the Department after consultation with the local governing authority if it is determined that the lengthened period is necessary to protect human health and the environment.

14.9.3 Following completion of the post-closure care period the owner or operator must submit a certification signed by an independent Colorado registered professional engineer for approval by the Department and the local governing authority, verifying that post-closure care has been completed in accordance with the post-closure plan and has been placed in the operating record.

14.10 REQUIREMENTS FOR PILOT PROJECTS   

14.10.1 A written request shall be submitted to the Department, and local governing authority describing the objectives of a proposed pilot project, how the pilot will integrate with the existing or proposed facility, methodology and protocol to be used, data to be gathered, analysis to be, performed and detailed information on the operational activities for the pilot and its projected timeframe.  Written approval must be given by the Department, and local governing authority before proceeding. A pilot project shall not exceed one (1) year in length.  

14.10.2 Request for Pilot Project. A pilot request shall include the following minimum criteria: 

A. General Data:

(1) Names, addresses and telephone numbers of the owner and/or operator; 

(2) Legal description, physical address, and mailing address of the proposed site;

(3) Signage to ensure adequate traffic control and a telephone number to contact in case of an emergency;

(4) A provision that the site must be attended or secured during businesses hours, to control public access, prevent unauthorized vehicles and illegal dumping of wastes; and

(5) A site map drawn to a common recognized engineering scale illustrating all proposed roads, fencing, existing and proposed structures, adjacent properties, storm water control and containment features, and processing and storage areas. 

B. Operations Data:

(1) A description of feedstock type(s); 

(2) A description of bulking material(s);

(3) A description of liquid waste(s);

(4) A description of proposed use for finished and unfinished compost; 

(5) Anticipated volume of liquid waste, bulking and feedstock materials to be received, and finished compost produced during the duration of the pilot project; 

(6) A detailed description of the composting operations; 

(7) Access control;

(8) Odor management plan; 

(9) Fire protection plan that is in accordance with the local fire codes and requirements; 

(10) Storm water run-on, runoff, and containment features supported by calculations demonstrating that these features meet, at a minimum, the design requirements described in Section 14.3.1(B);

(11) Recordkeeping for all operational activities; 

(12) A description of the work pad; and  

(13) A contingency plan addressing actions required in the event unacceptable materials are discovered, contamination or discharge of waters from the site occurs, or nuisance conditions occur either on-site or off-site. 

C. Environmental Issues:

Evaluation of the potential for impacts to ground water and surface water. 

D. Compost Standards and Quality:

(1) Sampling procedures; 

(2) Pathogen reduction methodology; and  

(3) Testing procedures.  

E. Closure Plan:

A closure plan shall be provided describing the actions necessary to adequately close the facility.  The closure plan shall follow the requirements described in 14.8.3.  Closure activities must be completed within thirty (30) days after pilot project completion or termination. 

F. Financial Assurance:

Financial assurance shall be established pursuant to Section 1.8 of these Regulations.

G. Project Closeout Report: 

A project closeout report shall be submitted to the Department and local governing authority within ninety (90) calendar days after pilot project completion or termination.  The closeout report should include, at a minimum, the following information:

(1) A summary of each objective and whether the objective was achieved; 

(2) Identification of anticipated and unanticipated results; 

(3) Environmental impacts resulting from the pilot; 

(4) Successes and failures; and

(5) Data from test results of compost material.

14.10.3 Conversion to Permanent Facility:

To continue operation of a pilot project as a permanent approved composting facility, the owner or operator shall apply for a certificate of designation or submit a design and operations plan, whichever is appropriate for the composting classification, within ninety (90) calendar days of pilot project completion.

14.11 COMPOSTING PLAN REQUIREMENTS FOR CLASS IV AND CLASS V COMPOSTING FACILITIES  

14.11.1 Composting Plan:  The owner or operator shall develop a written composting plan for the facility prior to commencing facility construction, composting or feedstock storage operations. The plan shall be maintained at the facility, and available for review upon request by the Department or local governing authority during business hours.

14.11.2 Notification:  The owner or operator of a Class IV or Class V composting facility shall notify the Department in writing of their facility’s composting activities.  The written notification shall include, at a minimum, the following information:

(A) Names, addresses, and telephone numbers of the owner and/or operator, and one or more persons having the authority to take action in the event of an emergency; and  

(B) Name of the composting facility, the physical address and legal description, location with respect to the nearest town, and mailing address, if different from physical address.

14.11.3 General Requirements:

(A) Site maps and plans drawn to a common recognized engineering scale illustrating the facility's surveyed property boundaries, location of processing and storage areas, adjoining properties, roads, fencing, existing and proposed structures, surface water containment and control structures and all proposed monitoring points for surface water and groundwater quality;  

(B) Maximum facility capacity and a description and volume estimate of the types of materials to be composted, including: feedstocks; liquid waste, bulking material, additives and amendments. 

(C)	Evaluation to determine appropriate mix of feedstocks, bulking material and amendments for efficient composting;  

(D) A detailed description of the composting operation specifically defining all procedures, activities, waste acceptance practice, pathogen reduction methodology and periods of non-activity;  

(E) Plans for closure and post closure care of the composting facility as defined in Sections 14.8 and 14.9, respectively;

(F) Odor Management Plan. 

(1) Develop operational procedures to minimize on-site odors and prevent off-site odors. (e.g., incorporating feedstocks with bulking material as soon as practical);

(2) Develop operational procedures to mitigate odors when they occur either on-site or off-site (e.g., use of biofilters); and

(3) Develop strategies for mitigating off-site odors (e.g., communication with neighbors, responding to complaints within 24 hours).

(G) A sampling plan describing procedures for sampling and testing finished compost.  Testing requirements shall achieve at a minimum those standards defined in Section 14.5.

(H)	All engineered features of the facility design shall be reviewed and sealed by a Colorado registered professional engineer or evaluation of potential impacts to groundwater reviewed and signed by a professional geologist, as appropriate.

14.11.4 Specific Requirements

(A) Surface Water Control:  Surface water control features at compost facilities shall be designed, constructed and maintained: 

(1) To prevent flow onto the facility during peak discharge from a 25-year, 24-hour storm event;  

(2) To control and collect the on-site run-off water volume resulting from a 25-year, 24-hour storm event; 

(3) To contain and manage leachate in a storage system;

(4) Such that all storm water/leachate containment structures shall be constructed of a minimum of eighteen (18) inches of compacted soil or in-situ earthen material or other low permeability materials (e.g., geomembrane) to achieve a hydraulic conductivity of less than or equal to 1 x 10-6 cm/sec; 

(5) Such that storm water/leachate containment structures shall be designed and maintained with a minimum 2 feet of freeboard measured from lowest elevation at any given time; and

(6) Whenever the design capacity of impoundment is less than the volume required to store runoff from the designed storm event, the structures must be dewatered to a level that restores the required capacity once soils on a land application or the in process composting material site has the water holding capacity to receive the wastewater.

(B) Leachate Control:  A low permeability workpad area may be necessary to manage leachate generated from composting operations.  Site-specific conditions, operational practices, feedstock, bulking material and liquid waste types will be evaluated to determine the necessity for a workpad.  The workpad shall be an engineered structure that is designed and constructed to: 

(1) Ensure ground water protection; 

(2) Be of sufficient slope to direct storm water/leachate to the appropriate collection and storage system; and 

(3) Withstand various temperatures and allow for heavy equipment operation, without damage or failure. 

14.11.5 Facility Operation Requirements

(A) Prohibited Materials:  No composting facility may accept asbestos or asbestos-containing materials, infectious waste, hazardous waste, PCB waste or lead-acid batteries.

(B) Financial Assurance:  The owner or operator of a composting facility shall establish financial assurance in accordance with Section 1.8 of these Solid Waste Regulations. 

(C) Nuisance Conditions:  A composting facility shall control on-site and prevent off-site nuisance conditions such as noise, dust, mud, odors, vectors and windblown debris.  

(D) Access Control:  A composting facility shall control access to prevent illegal dumping.  

(E) Signage: A composting facility shall erect and maintain signage that identifies the facility name, emergency contact information, and the materials that will and will not be accepted, and that ensures adequate traffic control.

(F) Contingency Plan:  A composting facility shall develop, maintain for current site conditions, and keep available at all times, a contingency plan which outlines the corrective or remedial procedures to be taken in the event of: 

(1) The delivery of unapproved feedstock, bulking material, wetting agent or other waste materials; 

(2) Contamination of surface water or ground water; and 

(3) The occurrence of nuisance conditions either on-site or off-site. 

(G) Personnel Training Plan:  A composting facility shall operate under the control of properly trained individuals.  Personnel shall be trained to recognize prohibited materials, take action when nuisance conditions occur, and implement emergency procedures when necessary.

(H) Pathogen Reduction: The owner or operator of a composting facility shall ensure that the composting process reduces pathogens. The pathogen reduction methodology shall be described in the facility’s Composting Plan. 

(I) Recordkeeping:
Recordkeeping and reporting shall follow the requirements defined in Section 14.7.