Act No. 41

(H.145)

Conservation; agriculture; solid waste; composting

This act requires the secretary of natural resources, in consultation with the secretary of agriculture, food and markets, to adopt by rule accepted composting practices for the management of composting in the state. The composting practices shall address standards for construction, facility operation, facility siting, the composting process, and management of runoff. The rules adopted by the secretary of natural resources shall also address whether specified areas of the state, such as downtown designated districts, are unsuitable for composting post-consumer food residuals or animal mortalities. A person operating a small-scale composting facility or a composting facility on a farm shall be presumed not to need another state permit if the accepted composting practices are being followed. The act also authorizes the agency of natural resources (ANR) to authorize a person engaged in small-scale composting to register with the agency instead of obtaining a solid waste certif ication. The accepted composting practices to be adopted by the secretary of natural resources shall include definitions of small scale composting facility, medium scale composting facility, and de minimis composting exempt from regulation. ANR is required to submit to the general assembly a copy of the draft accepted composting practices by February 15, 2010.

In addition, the act requires ANR to reconvene the composting study committee in order to make recommendations as to whether certain composting facilities or categories of composting should be exempt from Act 250 and whether composting that uses post-consumer food residuals or animal mortalities is inappropriate for certain areas of the state, regardless of the size or category of the compost facility. The act also increases the membership of the composting study committee to include one member of the senate committee on natural resources and energy, one member of the house committee on fish, wildlife and water resources, and one member of an environmental organization. The composting study committee is required to submit its recommendations to the general assembly by January 15, 2010.

Date Signed by the Governor: May 23, 2009

Effective Date: July 1, 2009