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10. Discussion on City Yard Waste site
{ SCANDIA Staff Report Date of Meeting: August 2, 2017 To: City Council From: Neil Soltis, Administrator Re: Compost Yard Waste Site Background: Based on a resident inquiry Mayor Maefsky requested a discussion on establishing a City compost / yard waste. This topic was discussed by the Council in 2012. Following this cover letter is information from that discussion along with information from the City's development code and from state statutes on the regulation of yard waste facilities. Washington County is currently discussing establishing a yard waste facility in the northern portion of the County in conjunction with the City of Forest Lake. Maps showing the current and proposed coverage areas also follow this cover. Meeting Date: 6/19/2012 Agenda Item: City Council Agenda Report City of Scandia 14727 209" St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Receive recommendations from the Parks and Recreation Committee concerning yard waste composting. Deadline/ Timeline: N/A Background: • At its April 17 meeting, the City Council considered a request from Beryl Halldorson in which she proposed that the city consider opening a public compost site. Ms. Halldorson wrote that she has no safe place to deposit plant material to keep decaying nutrients from entering the water system near her residence along Bone Lake. The Council referred the issue to the Park and Recreation Committee. • The Committee discussed this issue at both its May and June meetings. The written materials reviewed by the Committee are attached to this report. The Committee concluded that establishing a city -operated compost site would be expensive, and that the city does not currently own a suitable site. Many residents have room on their own property for composting. For those that do not, the Committee made two recommendations: 1) that the city consider expanding the information on composting available through the city's website, including establishing a "registry" to connect residents with compostable materials to others in need of the materials; and 2) consider making a written request to the City of Marine on St. Croix that they allow Scandia residents to use their site (which accepts leaves and grass clippings only), possibly for a fee. Page 1 of 2 06/23/17 Recommendation: I recommend that the Council discuss the recommendations of the Parks and Recreation Committee concerning yard waste composting. Attachments/ . May 29, 2012 memo with Background Information on Yard Waste Materials provided: Composting • Excerpt of June 4, 2012 Park and Recreation Committee Minutes (Draft) Contact(s): Alex Bildeaux, Parks and Recreation Committee Chair (651433-2121) Prepared by: Anne Hurlburt, Administrator (yard waste composting parks recommendations) Page 2 of 2 06/23/17 add1-)'on Anne Hurlburt From: Randall Simonson [r.simonson@ci.scandia.mn.us] Sent: Monday, April 16, 2012 10:55 AM To: Anne Hurlburt Subject: FW: compost site Anne I have two more emails being forwarded to you concerning this, she wants me to bring it up at the Council Meeting, because our meeting times are in conflict with her schedule. RS From: Beryl Halldorson [mailto:b halldorson0hotmail.com] Sent: Saturday, April 14, 2012 12:36 PM To: r.simonson(cbci.scandia.mn.us Subject: compost site To: Mayor Simonson and the Scandia City Council From: Beryl Halldorson, resident of Scandia on Bone Lake Proposal: A public compost site in Scandia One Reason: To prevent phosphorus from decomposing vegetation running into Bone Lake and other waters There are many environmental benefits of composting. On the back end of the process is the value of the resulting compost. On the front end, which is my main concern, is a safe place to deposit plant material so that the decaying nutrients will not run into our waters. I live next to a stream, a wetland and a lake. I have tried to find a place for leaves, garden trimmings, grass clippings, curley leaf pond weed (which I try to take out of the lake), etc. where I HOPE the nutrients won't run back in the lake. I would like a place where I KNOW that won't happen. I consider Bone Lake a "jewel" in the city of Scandia. It is, however, on the "impaired" list because of the water quality, mainly due to too much phosphorus. The watershed district is finally taking some steps to try and improve it. I think it is the duty of all citizens to try and keep our water clean. Right now there is no safe place to deposit material so that the phosphorus from decomposing will not wash into the lake. I am forwarding some information from Adam Fredrick, who is with Washington County Public Health and Environment. I will be happy to get more information for you if you decide a compost site is a good idea. I know cost is always an issue. However, it would probably be open for a limited number of hours a week during the spring, summer and fall. Perhaps voluteers could be used for monitoring. I would be willing. Thank you for considering this topic. Beryl Halldorson 23620 Melanie Trail Scandia, MN 55073 651 433 3959 Anne Hurlburt From: Randall Simonson [r.simonson@ci.scandia.mn.us] Sent: Monday, April 16, 2012 10:55 AM To: Anne Hurlburt Subject: FW: Beryl Halldorson From: Doug Thomas [mailto:doua.thomas@clflwd.org] Sent: Monday, April 16, 2012 8:53 AM To: r.simonson(abci.scandia.mn.us Cc: b halldorson@hotmail.com Subject: Beryl Halldorson Mayor Simonson: Beryl Hallorson (Bone Lake resident) has been asking the Comfort Lake Forest Lake Watershed District about what can lakeshore residents do to reduce runoff of nutrients, primarily phosphorus, into the lakes and streams. Of particular interest Ms. Halldorson had discussed with me, was what to do about lawn clipping and leaves. Both of these can be significant sources of phosphorous to lakes and streams if they are able to be washed into the water with runoff from rainfall or snow melt. The reason these are of concern is as they breakdown they release the phosphorous that is within the plant cells into the water. Phosphorous in our watershed is the number one pollutant of concern because one pound of it in the water can grow up to 500 pounds of algae. Excess algae is what urns our lakes and streams green and not only does it cause problems with recreational uses of water but it also leads to conditions that support the growth of invasive plants such as eurasion milfoil and curly leaf pondweed and if severe enough can change the fish structure in the lake with a trend toward more rough fish (carp and bullhead) and less game fish. One of the best ways to control the input of phosphorus from lawn clippings and leaves is to remove them from the lawn and/or street and properly compost them. Unfortunately many landowners do not have the knowledge or area that is needed to properly compost leaves and lawn clippings. As a result they are often dumped adjacent to or worse in our lakes, wetlands and streams concentrating the problem of phosphorous getting into our waters. One idea that I mentioned to Ms. Halldorson was for the City to consider creating a collection and compost site for City residents. Similar facilities exist in the City of Forest Lake and the City of Marine but unfortunately are not open to residents from outside the two cities. The side benefit of composting these materials on a larger basis is that it creates a valuable product for use in the City by residents for gardens and even small scale agriculture. My main reason for writing you was to help you understand some of the reasons for why it is important for residents to properly manage leaf and lawn clippings and to offer our support to the City if it were to consider creating a collection and compost site. Doug Thomas, Administrator Comfort Lake Forest Lake Watershed District 220 North Lake Street Forest Lake, MN 55025 Phone: 651-209-9753 Fax: 651-209-9752 ' -- Anne Hurlburt From: Randall Simonson [r.simonson@ci.scandia.mn.us] Sent: Monday, April 16, 2012 10:55 AM To: Anne Hurlburt Subject: FW: Composting Rules and Application From: Beryl Halldorson [mailto:b halldorson@hotmail.com] Sent: Saturday, April 14, 2012 12:39 PM To: r.simonson@ci.scandia.mn.us Subject: FW: Composting Rules and Application From: Adam. Frederick(dco.washington.mn.us To: B halldorson@Hotmail.com Subject: Composting Rules and Application Date: Thu, 12 Apr 2012 21:23:55 +0000 This website should have all the correct links. http: //www.pca.state. mn. us/index.pbWwastelwaste-and-cleanup/waste-management/commerical composting/compost.html?menuid=&r_ed r_ect=1 Try these http://www.pca.state.mn. us} index. php/view-document.html?gid=5673 http:/Zwww.pca.state.mn.usf index.phplview-document.html?gid=5675 Benefits of composting http: //www.epa.gov/el2awaste/conserve/ rrr/`composti nglbenefits. htm @0411p, Yard Waste Compost Facility Siting Minnesota and Management Considerations Pollution Control w-swl-03 • November 2006 Agency To be good neighbors, yard waste compost facilities in Minnesota should consider the following practices in addition to following the State compost rules (Minn. R 7035.2836, subparts 1-3) and any local requirements. The "best management practices (BMPs) " listed here are simply suggestions for yard waste compost site operators to consider. They do not carry the force of law, rule, or policy. Nor does the MPCA expect that site operators will implement all of these practices at every yard waste compost site. Some recommended considerations are: Siting and Design: • When selecting a site, ensure that site location, size, and design are appropriate for the volume of compost to be managed; or only manage an appropriate quantity of waste for the size of the facility and the type of equipment that will be used on site. • Ideally, in order to minimize concerns, complaints, or disruptions in residential neighborhoods, local governments should encourage siting facilities in areas zoned for commercial or light industrial activities. • In evaluating a potential site, and when determining site size and configuration, consider the potential effects of prevailing winds on odors, dust, noise, and other nuisances. • If it's necessary to locate a facility near residences, consider setback issues carefully. • When upgrading or expanding a facility, consider proximity to residencesibusinesses. • Ensure that proper perimeter controls are in place at the site --whenever possible, plant trees, and provide fencing as buffer and screening (these measures serve several functions, such as securing the site from illegal dumping, reducing blowing trash, and providing aesthetic benefit). It may be possible to reduce necessary buffer areas by adopting proper management practices, enclosure, or mechanization of the facility. • Ensure that the site is not in a 100 -year flood plain, or on shore land. • Ensure that the staging area is large enough to accommodate the types of vehicles and traffic levels expected. • Select surfacing materials, either natural or manufactured, that reduce infiltration of surface water. • Ensure that access roads are adequate for the sizes of vehicles likely to be traveling to and from the site, and that they are accessible when the site is operating. On-site Management: • Develop and maintain an operating plan for the site. • Develop a contingency plan for the site that will outline processes to be followed in case problems arise. • Post permanent signs explaining hours of operation, rules for site use, and listing a telephone number for communicating complaints. • Implement controls to limit unauthorized access. This will help prevent illegal dumping and increase site safety. • Ensure that adequate personnel and equipment are on site as needed. Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 - www.oca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Minnesota Pollution Available in alternative formatspage Control Agency • _ .maou AW.aw WIN J. Some recommended considerations are: Siting and Design: • When selecting a site, ensure that site location, size, and design are appropriate for the volume of compost to be managed; or only manage an appropriate quantity of waste for the size of the facility and the type of equipment that will be used on site. • Ideally, in order to minimize concerns, complaints, or disruptions in residential neighborhoods, local governments should encourage siting facilities in areas zoned for commercial or light industrial activities. • In evaluating a potential site, and when determining site size and configuration, consider the potential effects of prevailing winds on odors, dust, noise, and other nuisances. • If it's necessary to locate a facility near residences, consider setback issues carefully. • When upgrading or expanding a facility, consider proximity to residencesibusinesses. • Ensure that proper perimeter controls are in place at the site --whenever possible, plant trees, and provide fencing as buffer and screening (these measures serve several functions, such as securing the site from illegal dumping, reducing blowing trash, and providing aesthetic benefit). It may be possible to reduce necessary buffer areas by adopting proper management practices, enclosure, or mechanization of the facility. • Ensure that the site is not in a 100 -year flood plain, or on shore land. • Ensure that the staging area is large enough to accommodate the types of vehicles and traffic levels expected. • Select surfacing materials, either natural or manufactured, that reduce infiltration of surface water. • Ensure that access roads are adequate for the sizes of vehicles likely to be traveling to and from the site, and that they are accessible when the site is operating. On-site Management: • Develop and maintain an operating plan for the site. • Develop a contingency plan for the site that will outline processes to be followed in case problems arise. • Post permanent signs explaining hours of operation, rules for site use, and listing a telephone number for communicating complaints. • Implement controls to limit unauthorized access. This will help prevent illegal dumping and increase site safety. • Ensure that adequate personnel and equipment are on site as needed. Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 - www.oca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Minnesota Pollution Available in alternative formatspage Control Agency Yard Waste Compost Facility Siting and Management Considerations • Routinely inspect for unacceptable materials. • Ensure that clear space exists between windrows or other piles to accommodate equipment necessary for site operations and emergency vehicles in case of an emergency. • Try to achieve and maintain composting process efficiency; this not only will contribute to efficient use of site space, but also will help to control odors. • To promote the proper composting process and to prevent odors: o maintain a proper degree of porosity (65-70% initial porosity) so that oxygen levels are adequate (refer to the University of Minnesota's five -gallon -bucket test at littp://www.extension.uinn.edu/distribution_/liorticulture/coinr(inents/3296- 01.htm1#02); o Keep moisture levels at 40-60% moisture content by weight; and o Maintain the pile or windrow temperatures near the 130-140 °F. range. • Cure compost for one month or more to stabilize the finished product. • Turn windrows/piles at least every six months—some composting guidelines suggest that at least four times per year is ideal. • Employ dust suppression methods when necessary, especially when disturbing compost. • Ensure that compost site operators are knowledgeable concerning applicable rules, regulations, and site operation procedures. • Ensure that on-site management capabilities (e.g., staffing and equipment) are adequate for the volume of compost to be managed at the site. • A water supply is recommended for maintaining proper moisture levels, and for suppressing dust and any on-site fires. • Divert run-on around composting areas, and consider implementing BMPs such as setbacks, grassy swales, or rain gardens. • Sites must comply with stormwater regulations. • Maintain site surfaces and proper moisture levels in composting windrows and/or piles in a manner that prevents area soil surfaces from becoming saturated for extended periods. Nuisance Control: • Establish acceptable hours of operation, considering nuisances that could arise from equipment noise or traffic (e.g., 8 a.m.-dusk). • Site managers should consider establishing an "Odor Committee" among local residents to provide for a process of responding to odor issues. • Develop a plan for minimizing odors, dust, noise, and other nuisances, taking into account time of day when turning should occur, the volume of compost, wind direction and speed, the presence of any atmospheric inversion, the maturity of the compost, etc. • Eliminate on-site ponding by filling in depressions with a stable fill material and re -grading. Attempt to collect and reuse leachate. • Process (e.g., haul, place into windrows, move) compostable material within a timeline that minimizes the risks of creating odor, dust, or other potential nuisances. Respond to all complaints in a timely manner. Keep site operations organized, and monitor site boundaries as necessary to identify any operational issues impacting adjoining property. Accept yard waste un -bagged or in biodegradable bags. Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 Minnesota Pollution www.oca.state.mn.us • 651-296-6300. 800-657-3864 • TTY 651-282-5332 or 800-657-3864 Control Agency Available in alternative formatspage EFFECTIVE NOVEMBER 3, 2010 amended through January 17, 2017 (Ordinance 182) Chapter Two 0 Zoning Regulations (B) No tower shall be located within public or private utility and drainage easements. (C) All towers shall be reasonably protected against unauthorized climbing. (D) Towers located closer to a property line than a distance equal to the height of the tower shall be setback as far as possible from the nearest property line. At a minimum, the tower shall comply with the minimum setback requirements of the zone in which it is located. (E) No part of any antenna or tower, nor any lines, cable, equipment, wires or braces shall at any time be located on or extend across or over any part of any right-of-way, public street, road, highway, sidewalk, utility or drainage easement or property line. 4.31 Yard Waste Facilities. A yard waste facility shall comply with all of the following standards: (1) The minimum lot area required for yard waste facilities is 10 acres. (2) Composting, storage, transfer, loading and processing activities shall be set back as follows: (A) Property lines 100 feet (B) Existing residential uses not on the property 500 feet (C) DNR protected watercourse 200 feet (D) Wetland 75 feet (3) The yard waste facility shall be screened from view from all adjacent properties and roadways according to the landscaping and screening requirements of this Chapter. (4) Access to the site shall be controlled to prevent unauthorized dumping during non -business hours. (5) A plan for collection, retention and drainage of storm water shall be provided for review and approval. The storm water facilities shall meet current National Pollutant Discharge Elimination System requirements and employ Minnesota Pollution Control Agency's best management practices. (6) The materials which can be processed are limited to garden waste, leaves, lawn cuttings, weeds, shrub and tree waste and prunings. (7) The operator shall, upon request, provide information to the City specifying the volume of waste brought onto the property for processing or composting (8) The operator shall provide sufficient equipment to properly manage the composting and processing activities. At a minimum this shall include a front end loader or similar machinery for loading, unloading, turning, and aeration operations; a shredder for reducing new material to a smaller particle size for faster decomposition; a source of water or watering trucks; and a screen to improve the quality and marketability of the final product. (9) The operator shall provide plans showing all equipment maintenance and storage areas. Plans shall show the location of all fuel storage facilities, hazardous material storage and hazardous waste disposal. City of Scandia Development Code, Chapter 2 100 EFFECTIVE NOVEMBER 3, 2010 amended through January 17, 2017 (Ordinance 182) Chapter Two 0 Zoning Regulations (10) The decomposition process shall be properly managed and maintained in anaerobic condition to prevent all unnecessary odors. The yard waste shall be decomposed through a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. The composted yard waste shall contain no sharp objects greater than one inch in diameter. (11) Composting, processing and trucking activities shall be conducted only between the hours of 7:00 am and 5:00 PM, Monday through Friday, unless other hours or days of operation are specifically authorized by the City Council. Retail sales are allowed Monday through Friday between the hours of 7:00 AM and 7:00 PM and on Saturdays between the hours of 8:00 AM and 5:00 PM unless otherwise prohibited by the City Council. Retail sales for purposes of this section shall mean the sale of product to individuals for personal use and shall exclude commercial hauling. (12) Treated yard wastes shall not be allowed to accumulate for longer than three years before being finished and removed from the site. Compost that cannot be marketed shall be removed from the site a minimum of once per week. (13) Woodchips, sawdust and composted materials shall be processed, kept and maintained in a manner that does not permit ignition by spontaneous combustion. (14) By-products, including residuals and recyclables, shall be stored in a manner that prevents vermin problems and aesthetic degradation. Materials that are not composted or processed shall be stored and removed a minimum of once per week. (15) The owner shall maintain the site so that it is free of litter and other nuisances. (16) An attendant shall be on site during operating hours. (17) The open burning and/or burying of waste is prohibited. 4.32 Rural Event Facility. Rural event facilities shall comply with all of the following requirements: (1) Rural event facilities shall support the rural and historic character of the City, shall be designed and operated in a manner that is compatible with Scandia's rural and small-town character, and shall not negatively impact the community or neighboring properties. (2) Permitted Districts and Uses. (A) Rural event facilities are permitted in the Agricultural Core (AG C) and General Rural (GR) Districts, and shall be accessory uses to the primary use of the property for Agriculture or a Single -Family Residence. (3) Permit requirements. A rural event facility may be allowed by issuance of an Interim Use Permit (IUP) and an Annual Operating Permit (AOP) in the following Districts: (A) Agricultural Core (AG C) (B) General Rural (GR) City of Scandia Development Code, Chapter 2 101 I REVISOR 7035.2836 COMPOST FACILITIES. 7035.2836 Subpart 1. Scope. The owner or operator of a yard waste compost facility must comply with subparts 2 and 3 only. The requirements of subparts 4 to 7 apply to the owner and operator of a facility used to compost solid waste. The owner or operator of a source -separated organic material compost facility must comply with subparts 6 to 11. Subp. 2. Notification. The owner or operator of a yard waste compost facility shall submit a notification form to the commissioner on a form prescribed by the commissioner before beginning facility operations. The notification must include: the facility location; the name, telephone number, and address of the contact person; the facility design capacity; the type of yard waste to be received; and the intended distribution of the finished product. Subp. 3. Operation requirements for yard waste compost facility. A. Odors emitted from the facility shall comply with the applicable provisions of any agency odor rules. B. Composted yard waste offered for use must be produced by a process that includes turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. C. Compost will not contain greater than three percent inert materials (dry weight) that are greater than or equal to four millimeters as determined by the testing procedure under subpart 5, item J, subitem (3). D. By-products, including residuals and recyclables, must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stored and removed at least weekly. E. Surface water drainage runoff must be controlled to prevent leachate leaving the facility. Surface water drainage run-on must be diverted from the compost and storage areas. F. The facility shall be constructed and operated to prevent discharge of yard waste, leachate, residuals, and the final product into waters of the state. G. The facility operator shall submit an annual report to the commissioner by March 1 of each year for the preceding calendar year that includes the type and quantity, by weight or volume, of yard waste received at the compost facility; the quantity, by weight or volume, of compost produced; an average of the inert test results; the quantity, by weight or volume, of compost removed from the facility; and a market description. Subp. 4. Design requirements for solid waste compost facility. The owner or operator of a compost facility shall submit an engineering design report to the commissioner Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 REVISOR 7035.2836 for approval with the facility permit application. The engineering report must comply with the design requirements in items A to G. A. Site preparations must include clearing and grubbing for the compost operating and storage areas, building locations, topsoil stripping, excavations, berm construction, drainage control structures, leachate collection system, access roads, screening, fencing, and other special design features. B. Access to the facility must be controlled by a perimeter fence and gate or enclosed structures. C. Surface water drainage must be diverted around and away from the site operating area. A drainage control system, including changes in the site topography, ditches, berms, sedimentation ponds, culverts, energy breaks, and erosion control measures, must comply with part 7035.2855, subpart 3, items C to E. D. The composting, curing, and storage areas for immature compost must be located on a liner capable of minimizing migration of waste or leachate into the subsurface soil, groundwater, and surface water. The liner must have a permeability no greater than 1 x 10 centimeters per second and, if constructed of natural soils, be at least two feet thick. The liner must comply with part 7035.2855, subparts 3, item A; 4; and 5. E. Liquid in contact with waste, immature compost, and residuals must be diverted to a leachate collection and treatment system. The leachate collection and treatment system must comply with part 7035.2855, subpart 3, item B, and the applicable portions of part 7035.2815, subpart 9, items B to K. F. The facility must be designed for collection of residuals and must provide for the final transportation and proper disposal of residuals. G. The facility must be designed and operated to control odors in compliance with the applicable provisions of any agency odor rules. Subp. 5. Operation requirements for solid waste compost facility. The owner or operator of a compost facility shall submit an operation and maintenance manual to the commissioner for approval with the facility permit application. The manual must include a personnel training program plan, a leachate management plan, and a compost sampling plan and must comply with the operation requirements in items A to L. A. All access points must be secured when the facility is not open for business or when no authorized personnel are on site. B. The personnel training program plan must address the requirements of part 7035.2545, subparts 3 and 4, and the specific training needed to operate a compost facility in compliance with this subpart and subparts 6 and 7. Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 REVISOR 7035.2836 C. All wastes delivered to the facility must be confined to a designated delivery area and processed or removed at least once a week to prevent nuisances such as odors, vector intrusion, and aesthetic degradation. D. All salvageable and recyclable materials must be containerized or stored and removed from the facility in a manner that prevents nuisances such as odors, vector intrusion, and aesthetic degradation. E. All compost residuals must be stored to prevent nuisances such as odors, vector intrusion, and aesthetic degradation. The residuals must be removed and properly disposed of at least once a week. F. The leachate management plan must describe how the facility will store, reuse, or dispose of collected leachate. If leachate is to be recirculated into the compost, it must be added prior to initiating the PFRP process described in item 1. G. Odors emitted by the facility must comply with any applicable agency odor rules. H. The owner or operator must cover or otherwise manage the waste to control wind dispersion of any particulate matter. I. Compost must be produced by a process to further reduce pathogens (PFRP). The temperature and retention time for the material being composted must be monitored and recorded each working day. Three acceptable methods of a PFRP are described in subitems (1) to (3): (1) The windrow method for reducing pathogens consists of an unconfined composting process involving periodic aeration and mixing. Aerobic conditions must be maintained during the compost process. A temperature of 55 degrees Celsius must be maintained in the windrow for at least three weeks. The windrow must be turned at least once every three to five days. (2) The static aerated pile method for reducing pathogens consists of an unconfined composting process involving mechanical aeration of insulated compost piles. Aerobic conditions must be maintained during the compost process. The temperature of the compost pile must be maintained at 55 degrees Celsius for at least seven days. (3) The enclosed vessel method for reducing pathogens consists of a confined compost process involving mechanical mixing of compost under controlled environmental conditions. The retention time in the vessel must be at least 24 hours with the temperature maintained at 55 degrees Celsius. A stabilization period of at least seven days must follow the enclosed vessel retention period. Temperature in the compost pile must be maintained at least at 55 degrees Celsius for three days during the stabilization period. Copyright 02015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 REVISOR 7035.2836 J. The owner or operator must comply with the compost sampling and testing plan approved by the commissioner. Proposed changes to sampling equipment or procedures must be submitted to the commissioner for review and approval. Testing must be conducted when each batch of compost matures. The plan must include the sampling and testing requirements in subitems (1) to (6). (1) The compost maturity must be determined using testing protocol described in the sampling plan. "Mature" means more than 60 percent decomposition has been achieved as determined by an ignition -loss analysis and one test method approved by the commissioner including, but not limited to, the following: (a) (b) (c) Test Method Maturity Standard Carbon/nitrogen ratio - U.S. EPA In the range of 10:1 to 20:1 Method 9060A: Total Organic Carbon and Dumas Dewar Self -Heating Method Respiration Rate, CO2 Analysis (d) U of M Z -test - Soil and Crop Research on Municipal Solid Waste Class I Compost Utilization in Minnesota, April 10, 1994 (e) Cress Seed Germination - Recommended Test Methods, The Composting Council Temperature rise above ambient in CA,k, range of OA,A° - 20A,k Celsius <2-5 (mg. CO2-C/g compost carbon -day) The weight of the worms in the cellulose treatment increases and that of the worms in the noncellulose treatment remains the same Germination index in the range of 1.0 - 0.8 (2) Each batch of compost that has been determined to be mature must be analyzed for the metal contaminants listed in subpart 6, item A, subitem (1), using the U.S. EPA test methods in EPA SW -846. PCBs in the compost must be extracted using either method 3540 or 3550 and analyzed with method 8080. (3) The amount of inert material in each batch of compost that has been determined to be mature must be determined using testing protocol described in the sampling plan. Inert content greater than four millimeters shall be determined by passing four replicates of 250 cc oven -dried (70 degrees Celsius) samples of compost through a four millimeter sieve. Material remaining on the sieve shall be visually inspected and inerts, including glass, metal, and plastic, shall be separated and weighed. The weight of the separated inert material divided by the weight of the total sample, multiplied by 100, shall be the percent dry weight of the inert material content. Copyright 002015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 REVISOR 7035.2836 (4) The mature compost must be analyzed for the following parameters using the testing protocol described in the sampling plan: (a) pH; (b) moisture content; (c) particle size; (d) NPK ratio; and (e) soluble salt content. (5) The sampling plan must contain techniques for collecting and processing the samples required in subitems (1) to (4), including: samples; (a) the training and experience qualifications of persons who collect (b) equipment used to collect, process, and store samples; (c) sampling equipment cleaning procedures and other actions taken to prevent sample contamination; (d) the location or locations where samples are collected; (e) procedures used to collect grab samples; (f) procedures used to process grab samples to form composite samples; (g) chain -of -custody and sample storage procedures; and (h) compost sampling quality assurance and quality control measures. (6) The sampling plan must describe how the test results from the samples required in subitems (1) to (4) will be utilized to define the compost at distribution, and must include: (a) a description of the batch process, statistical average, or other method used to classify the compost, and assign it physical and chemical properties; and (b) a description of the method used to calculate the cumulative and annual pollutant loading rates for Class II compost. K. An annual report complying with part 7035.2585 must be submitted to the commissioner by March 1 of each year for the preceding calendar year. A record of the following information must be maintained at the facility and included in the annual report: (1) the quantity of source -separated compostables or solid waste delivered to the facility; (2) the quantity and general material breakdown of recyclables and rejects removed from the waste; Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 REVISOR 7035.2836 (3) the sources and quantities of other materials used in the compost process, such as nutrient or bulking agents; (4) a summary of temperature and retention time for all compost produced verifying that the process, set out in item I, to further reduce pathogens is being met; (5) the quantity and classification of all compost produced; (6) a summary of all lab analyses conducted according to the sampling plan approved under item J; (7) a record of each Class II compost distribution, including the following: (a) a copy of the information sheet or label accompanying all Class II compost distributions according to subpart 7; (b) the name of the compost user and a legal description of the application site location, including the quantity of compost and acreage over which it was distributed; (c) copies of the letters of notification to the local governments; and (d) a copy of the United States Geological Survey map of the application site and the surrounding areas showing contours and surface waters. L. If, for any reason, the facility becomes inoperable, the owner or operator of the facility must notify the commissioner within 48 hours and implement the contingency action plan developed under part 7035.2615. Subp. 6. Compost classification. Compost produced at a solid waste compost facility must be classified as Class I or Class II compost based on the criteria outlined in items A and B. Compost test results shall be used to classify the compost according to the approved sampling plan under subpart 5, item J, the maturity standard in subpart 5, item J, subitem (1), and the PFRP requirement in subpart 5, item I. A. Class I compost must meet the following criteria: (1) Class I compost cannot exceed the contaminant concentrations in milligram per kilogram on a dry weight basis as listed in the following table or Code of Federal Regulations, title 40, section 503.13(b)(3), as amended, with the exception of mercury, which cannot exceed contaminant concentrations of five milligrams per kilogram. Contaminant Arsenic (As) Cadmium (Cd) Copper (Cu) Concentration (mg/kg) 41 39 1,500 Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 REVISOR Lead (Pb) 300 Mercury (Hg) 5 Molybdenum (Mo) 18 Nickel (Ni) 420 Selenium (Se) 100 PCB 6 Zinc (Zn) 2,800 7035.2836 (2) Class I compost must not contain greater than three percent inert materials (dry weight) greater than or equal to four millimeters as determined by tests according to the approved sampling plan under subpart 5, item J, subitems (1) to (5). B. Class II compost consists of any compost that fails to meet the Class I standards and meets the criteria in subitems (1) and (2): (1) Class II compost must meet the following pollutant loading rates and have a PCB concentration that does not exceed six milligrams per kilogram. Pollutant Cumulative Pollutant Loading Rate (lbs/acre) (kg/hectare) Arsenic 37 41 Cadmium 34 39 Copper 1,338 1,500 Lead 267 300 Mercury 5 5 Molybdenum 16 18 Nickel 374 420 Selenium 89 100 Zinc 2,497 2,800 Pollutant Annual Pollutant Loading Rate (for a containerized compost) (lbs/acre) (kg/hectare) Arsenic 1.8 2 Cadmium 1.7 1.9 Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8 REVISOR 7035.2836 Copper 66.8 75 Lead 13.3 15 Mercury 0.25 0.25 Molybdenum 0.5 0.5 Nickel 18.7 21 Selenium 4.5 5 Zinc 124.6 140 (2) Class II compost must not contain greater than four percent inert materials (dry weight) greater than or equal to four millimeters as determined by tests according to the approved sampling plan under subpart 5, item J, subitems (3) and (5). Subp. 7. Compost distribution and end use. The owner or operator of a solid waste compost facility shall submit a compost distribution plan to the commissioner for approval with the facility permit application. The plan must comply with the requirements in items A to C. A. Compost distributed or marketed as a fertilizer, specialty fertilizer, soil amendment, or plant amendment, as defined in Minnesota Statutes, section 18C.005, must be registered with the Minnesota Department of Agriculture. B. The allowable end uses for the compost must be listed and described in the plan. C. Class I compost may be distributed for unrestricted use. Class II compost may be distributed on a restricted basis. The commissioner or a compost operator trained as required in subpart 5, item B, shall determine the appropriate distribution for a Class II compost used in land application. Compost proposed to be distributed for end uses other than land application may be distributed with the commissioner's approval or as part of the approved facility compost distribution plan under this subpart. All Class II compost distributed must be accompanied by an information sheet or label describing the compost product and its physical and chemical quality, including at least the following information: (1) the name and address of the generator; (2) a statement from the generator certifying that the compost meets the Class II classification standards under subpart 6, item B, and providing the standards; (3) a list of best management practices to use when applying the compost; (4) the annual or cumulative application rate calculated according to the testing and reporting methods approved under subpart 5, item J, subitem (6); Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 REVISOR 7035.2836 subitem (1); (5) the compost maturity tested and reported according to subpart 5, item J, (6) the compost inert content tested and reported according to subpart 5, item J, subitem (3); and (7) a statement of the compost parameter values tested and reported according to subpart 5. Subp. 8. Location requirements for a source -separated organic material compost facility. An owner or operator must not establish or construct a source -separated organic material compost facility in the following areas: caves; A. within locations described in part 7035.2555; B. on a site with karst features including sinkholes, disappearing streams, and C. within five vertical feet of the water table; and D. unless a different distance is specified by a local unit of government by ordinance, within 500 feet horizontal separation distance as measured from the closest edge of all compost activities to the closest edge of a property boundary of the nearest residence, place of business, or public area, such as parks, wildlife areas, and public buildings, except: (1) upon approval of the commissioner, operational modifications, geographic features, or other natural or man-made physical characteristics that reduce nuisance conditions, such as noise, litter, and odor, may be used to reduce the 500 -foot horizontal separation distance; and (2) adjacent commercial activities operated by the facility owner are excluded from the 500 -foot horizontal separation requirement for the owner's residence or place of business. Subp. 9. Design requirements for a source -separated organic material compost facility. A. The owner or operator of a source -separated organic material compost facility must submit an engineering design report to the commissioner for approval with the facility permit application. B. The engineering design report must comply with the design requirements in subitems (1) to (10). (1) Site preparations must include clearing and grubbing for the compost operating and storage areas, building locations, topsoil stripping, excavations, berm construction, drainage control structures, storm water management systems, contact water collection systems, access roads, screening, fencing, and other special design features. Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10 REVISOR 7035.2836 (2) Access to the facility must be controlled to prevent unauthorized entry. A perimeter fence and gate, enclosed structures, or other physical barriers must be used to prevent unauthorized entry to the facility. (3) Storm water drainage must be diverted around and away from the compost storage and operating areas. The storm water drainage control system must be designed to manage a 24-hour, 10 -year storm event. A storm water drainage control system, including changes in the site topography, ditches, berms, sedimentation ponds, culverts, energy breaks, and erosion control measures, must comply with part 7035.2855, subpart 3, items C to E. For purposes of this subpart, water that has come into contact with compost in the curing and finished storage areas is considered storm water. For purposes of this subpart, compost has reached the curing stage after PFRP as described in subpart 11, item B, subitem (10), has been achieved and the Solvita maturity index is greater than or equal to five with the ammonia greater than or equal to four. An owner or operator may use alternative test methods that are approved by the commissioner as equivalent to those listed in this subitem. (4) Contact water must be diverted to a contact water collection and treatment system. The contact water collection and treatment system must comply with applicable portions of part 7035.2815, subpart 9. For purposes of this subpart, immature compost is defined as not having reached the curing stage described in subitem (3). (5) The facility must be designed for collection of rejects and residuals and must provide for the final transportation and proper disposal of rejects and management of residuals. (6) The tipping, mixing, active composting, curing, and storage areas for compost must be located on a hard -packed, all-weather surface capable of minimizing migration of materials or contact water into the subsurface soil, groundwater, and surface water. (7) The working surface of a source -separated organic material compost facility must have a minimum of five feet of soil separation to the water table. (8) Unless designed as allowed under subitem (9), the site must have at least five feet of any combination of the following soil types comprising the soil profile above the water table: sandy clay loam, sandy clay, clay loam, silty clay loam, silty clay, and clay. An owner or operator may use an alternate separation distance according to unit (a). Water tables classified as perched or epi -saturated by the United States Department of Agriculture, Natural Resources Conservation Service, are not considered to be the seasonal high water table. The soil profile must be characterized by the use of soil borings, piezometers, or test pits as certified by a Minnesota -licensed soil scientist, engineer, or geologist. The owner or operator may propose the use of alternative methods for soil profiles according to unit (b). Copyright 02015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 11 REVISOR 7035.2836 If the site cannot meet the soil criteria, an impervious pad or liner must be installed under all activity areas except curing and storage of finished compost. (a) The owner or operator may use an alternative separation distance that is approved by the commissioner as equivalent to that listed in this subitem if, during the previous five years: i. the site has experienced an abnormally wet period or an abnormally dry period; and ii. the elevation of the water table at the site has changed. The alternative separation distance must maintain a sufficient distance between the water table and compost activities to account for the movement of the water table through normal wet and dry years. (b) An owner or operator may use alternative methods that are approved by the commissioner as equivalent if the owner or operator can demonstrate that the alternative methods provide soil profile characterization substantially equivalent to characterization by soil borings, piezometers, or test pits. (9) Owners and operators whose sites are unable to meet the soil requirement listed under subitem (8) must install a pad system in all areas where source -separated organic materials will be managed and composted prior to curing. For the purposes of this subpart, compost has reached the curing stage after PFRP as described in subpart 11, item B, subitem (10), has been achieved and the Solvita maturity index is greater than or equal to five with an ammonia test result of greater than or equal to four. An owner or operator may use alternative test methods that are approved by the commissioner as equivalent to those listed in this subitem. Sites requiring a pad must comply with one of the options listed in units (a) to (c). (a) If a geomembrane is used, the liner system must be designed and built according to the applicable criteria in part 7035.2815, subpart 7. The surface must comply with part 7035.2855, subpart 3, item A. (b) If a concrete or asphalt pad is used, the surface must at a minimum meet requirements established in the Minnesota Department of Transportation, Road Design Manual, incorporated by reference under part 7035.0605. The owner or operator must inspect the pad routinely and immediately repair any cracks, crumbling, and failures. The owner or operator must include the results of all inspections and repairs in the annual report submitted to the commissioner. (c) An alternative liner system design may be used when approved by the commissioner. The owner or operator must demonstrate that the proposed liner system will control contact water migration, meet performance standards, and protect human health and the environment. Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 12 REVISOR 7035.2836 (10) The owner or operator must design the site to minimize liquids; odors; vectors, such as flies and rodents; and nuisance conditions, such as litter, noise, ponding water, and erosion. Subp. 10. Construction requirements for a source -separated organic material compost facility. The owner or operator must include the construction requirements in items A to G in the project specifications for all design features of a source -separated organic material compost facility. A. The owner or operator must notify the commissioner in writing at least ten days before the day construction is expected to begin on any design features. B. The construction firm's inspector must record all procedures completed during construction at a source -separated organic material compost facility. The record must document that design features were constructed according to parts 7035.2525 to 7035.2915. The record must include pictures, field notes, and all test results. C. The owner or operator must install a permanent benchmark on site and show its location on the facility as -built plan. D. The owner or operator must complete tests for compaction, grain size distribution, and field moisture density, at a minimum, for soil pads constructed at the facility. E. Flexible membranes must be installed during dry conditions. The seams joining membrane panels must be inspected as construction proceeds. Seams must be air tested and field seams must be tested for tensile strength. All flexible membranes must be protected after placement. The natural layer above and below the barrier layer must be free of roots, sharp objects, rocks, or other items that might puncture the liner. F. A quality control and quality assurance program must be established for all construction projects. The program must include the tests to be completed during construction. The program must also establish the frequency of inspection and testing, the accuracy and precision standards for the tests, procedures to be followed during inspections and sample collection, and the method of documentation for all field notes including testing, pictures, and observations. G. If a geomembrane is used, the surface must comply with part 7035.2855, subpart 5. Subp. 11. Operation requirements for a source -separated organic material compost facility. A. The owner or operator of a source -separated organic material compost facility must submit an operation and maintenance manual to the commissioner for approval with the facility permit application. The manual must include a source -separated Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13 REVISOR 7035.2836 organic materials management plan, a personnel training program plan, a contact water management plan, a storm water management plan, an odor management plan, and a compost sampling plan. B. The facility operations must at a minimum meet the requirements in subitems (1) to (16). (1) All access points must be secured when the facility is not open for business or when no authorized personnel are on site. (2) All source -separated organic materials delivered to the facility must be confined to a designated delivery area and processed or removed by the end of the day on which the materials were delivered to prevent nuisances such as odors, vector intrusion, and aesthetic degradation. (3) All salvageable and recyclable materials must be containerized or stored and removed from the facility in a manner that prevents nuisances such as odors, vector intrusion, and aesthetic degradation. (4) All rejects and residuals must be stored to prevent nuisances such as odors, vector intrusion, and aesthetic degradation. All rejects and residuals must be managed to prevent the generation of contact water. All contact water from rejects and residuals storage areas must be diverted to the contact water collection and treatment system. The commissioner shall grant an exception to contact water requirements for residuals if the owner or operator demonstrates during the permit application process or during a site inspection that residuals do not exceed three percent rejects by volume. (5) Liquid that has come in contact with source -separated organic material, immature compost, and residuals must be diverted to a collection and treatment system. (6) Contact water or storm water may be reused in the compost process. It must be added to the source -separated organic materials prior to initiating the PFRP process described in subitem (10). Any water to be discharged into waters of the state must meet all federal and state national pollutant discharge elimination system requirements. (7) The owner or operator must operate and maintain a drainage system to divert storm water around and away from the site operating area. (8) The owner or operator must cover or otherwise manage all the material on site to control wind dispersion of any particulate matter. (9) The owner or operator must develop and maintain a source -separated organic material management plan. The plan must, at a minimum: (a) include a waste analysis plan to characterize source -separated organic materials prior to acceptance at the facility; Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 14 REVISOR 7035.2836 (b) identify the area of the facility where source -separated organic materials will be delivered; and (c) describe management methods to be employed when source -separated organic materials are delivered to the facility. The management methods must address reducing odor, vectors, such as flies and rodents, and nuisance conditions, such as litter, noise, ponding water, and erosion; minimizing liquids; and mixing source -separated organic materials to achieve the proper moisture content, carbon -to -nitrogen ratio (C:N ratio), porosity, and pH. Acceptable source -separated organic materials are defined in part 7035.0300, subpart 105a, and acceptable bulking agents include untreated wood waste, nonrecyclable paper, ground tree and shrub materials, and other similar materials approved by the commissioner. (10) Compost must be produced by a process to further reduce pathogens (PFRP). The owner or operator must monitor and record the temperature and retention time for the material being composted each working day until PFRP is achieved, and weekly thereafter. Each time a windrow is turned, the temperature must be measured no more than four hours before turning the windrow and no more than 24 hours after turning the windrow. Acceptable methods of PFRP are described in units (a) to (c). (a) The windrow method for reducing pathogens consists of an unconfined composting process involving periodic aeration and mixing. Construction of each windrow must incorporate porous materials that promote aerobic conditions within the windrow. Windrow height must not exceed 12 feet. Aerobic conditions must be maintained during the compost process. A temperature of 55 degrees Celsius must be maintained in the windrow for at least 15 days, during which the windrow must be turned at least once every three to five days, unless otherwise approved by the commissioner in the operation and maintenance manual due to defined weather conditions. (b) The static aerated windrow method for reducing pathogens consists of an unconfined composting process involving mechanical aeration of insulated compost piles. Windrow height must not exceed 12 feet. Aerobic conditions must be maintained during the compost process. The temperature of the compost pile must be maintained at 55 degrees Celsius for at least seven days. (c) The enclosed vessel method for reducing pathogens consists of a confined compost process involving mechanical mixing of compost under controlled environmental conditions. The retention time in the vessel must be at least 24 hours, with the temperature maintained at 55 degrees Celsius. A stabilization period of at least seven days must follow the enclosed vessel retention period. Temperature in the compost pile must be maintained at least at 55 or more degrees Celsius for three days during the stabilization period. Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 15 REVISOR 7035.2836 (11) The owner or operator must comply with subpart 5, item J. For Class I compost as defined under subpart 6, the owner or operator may request removal of mercury (Hg) and polychlorinated biphenyls (PCB) sampling and testing requirements based on five years of sampling batch data. The data must demonstrate nondetect results for Hg and PCB. (12) The owner or operator must develop and maintain an odor management plan detailing the best management practices (BMPs) to be used during normal operations to minimize odors. These BMPs must address how the oxygen levels and porosity will be managed to minimize odors. The plans must detail how the facility will handle odor complaints and the specific odor control measures and safeguards the owner or operator will employ to resolve the complaints. At a minimum, the odor management plan must address BMPs to minimize odor generation in the mixing and tipping areas, active compost processing areas, and contact water and storm water ponding areas. (13) The owner or operator must develop a personnel training program. The personnel training program must address the requirements of part 7035.2545, subparts 3 and 4, and the specific training needed to operate a source -separated organic material compost facility in compliance with this subpart and subparts 6 to 10. Personnel training for a source -separated organic material compost facility must include a training schedule that: (a) provides an initial training session of 24 contact hours within 12 months of employment; and (b) provides five contact hours of training on an annual basis. A contact hour means a pertinent instructional or training session of 50 minutes. The commissioner shall prepare and make available to the operators and inspectors a list of accredited training courses and approved educational activities. The commissioner shall grant approval if the content includes topics such as the compost process, composting methods, facility operations, odor control, source -separated organic materials management, or other topics related to the best management practices of operating a compost facility. (14) The owner or operator must submit an annual report according to subpart 5, item K. The annual report must be submitted on a form prescribed by the commissioner. For source -separated organic material compost facilities, the annual report must include the county of origin and volume of source -separated organic materials received. (15) If for any reason the facility becomes inoperable, the owner or operator must notify the commissioner within 48 hours and implement the contingency action plan developed under part 7035.2615. (16) If a geomembrane is used, the owner or operator must comply with part 7035.2855, subpart 4. Statutory Authority: MS s 116.07 Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 16 REVISOR 7035.2836 History: 21 SR 327; 39 SR 857 Published Electronically: January 7, 2015 Copyright 02015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Coverage With Proposed Sites C7 Q QfL lMiL709 i-ri L11'.n'_ti T01Yli5MA Jam.• ........ - tyti�� .V JLIAy. J ,F RAVP,^RT 0.4:01 S7 � - ";}'•`AiG+P IL WA�tf•6 •, e -es FORESTUKE F.—tuM SIdNPE ON Fmn.. S?. Cad1r ST. 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Dftl.000 511LLlY m 10N —P fAWIS NUMM arse 5 tLWMEH Washington :County a Pwe A a0V01:z A 1 10'MtSH�P � Washington :County