1. (1) The following requirements shall be for operating and maintaining an acceptable “Composting facility” as defined by rule 335-13-14-.02.
2. (2) No person may receive, store or process solid waste for composting or operate a composting facility without being properly permitted by the Department, except as described by rule 335-13-14-.03(3). ADEM Admin. Code 335-13-5 outlines the procedures for obtaining a permit for new and existing composting facilities. Any person who operates a composting facility, without having applied for and been issued a permit from the Department shall be considered to be operating an unpermitted solid waste facility and shall be subject to enforcement action in accordance with this Division.

3. (3) Exceptions

   1. (a) Composting of agricultural waste as defined and regulated by rule 335-6-7-.02.
   2. (b) On-site composting as defined by rule 335-13-14-.02. However, if any on-site compost is used for revenue generation, then the generator is not exempt and shall comply with the requirements of this chapter.
   3. (c) Facilities that receive solid waste and generate compost for use solely at their site.
   4. (d) Facilities in operation on or before the effective date of this rule, shall be exempt from the requirements of rules 335-13-5-.02(1)(b)2.(i) and 335-13-14-.05, except for any major modifications that may occur after said date.

Author: Phillip D. Davis, S. Scott Story, Jonathan E. Crosby

Statutory Authority: Code of Ala. 1975, §§22-27-9, 22-27-12.

History: New Rule: Filed February 28, 2012; effective April 3, 2012. Amended: Filed April 24, 2018; effective June 8, 2018. Amended: Published December 13, 2021; effective December 13, 2021.