(a) Applicability.

1. (1) This section regulates the construction and operation of composting facilities for yard waste, source separated organic wastes, and other solid waste that may be approved by the Division of Environmental Quality for composting.
2. (2) Except for the permit exemptions provided herein, no person shall construct or operate a composting facility without first having obtained a permit or general permit authorization pursuant to this subpart.

(b) Acceptable compostable wastes.

1. (1) Only nonhazardous materials as defined by 40 C.F.R. pt. 261 and Hazardous Waste Management, 8 CAR pt. 81, shall be approved for composting.
2. (2) Compost materials shall be suitable for the proposed process and end use of the compost.

3. (3) Acceptable materials include:

   1. (A) Yard waste and other vegetative materials such as:

(i) Grass clippings;

1. (ii) Leaves;

   1. (iii) Shredded or chipped brush; and

      1. (iv) Tree prunings;

   2. (B) Other organic waste including:

      1. (i) Animal manure;
      2. (ii) Food wastes;
      3. (iii) Food processing wastes;
      4. (iv) Grease trap waste;
      5. (v) Organic process wastes;
      6. (vi) Septage; and
      7. (vii) Sewage sludge; and

   3. (C) Solid waste including household garbage and nonhazardous commercial wastes that are amenable to treatment by composting.

      1. (c) Unacceptable wastes.
2. (1) Regulated medical waste, waste containing polychlorinated biphenyls, asbestos containing waste, and hazardous waste from conditionally exempt small quantity generators shall not be used in a composting operation.
3. (2) Nonhazardous industrial wastes not identified in subsection (b) of this section, above, are presumed unacceptable for composting.

4. (3) An applicant may overcome that presumption by submitting technical data with the application or otherwise demonstrating that the waste can be successfully treated by composting.

   1. (d) Sewage sludge. The composting of sewage sludge shall conform to the requirements of 40 C.F.R. pt. 503 and other rules promulgated by the Arkansas Pollution Control and Ecology Commission.

(e) Exemptions. The following solid waste management facilities and operations are exempt from permitting under this section:

1. (1) The composting of less than 50 (fifty) tons or five hundred cubic yards (500 yds³) per year of incoming yard waste, silvicultural activities such as tree prunings and land-clearing debris, and agricultural waste or other approved wastes not subject to the limitations of subsection (c) of this section, (assumption: one cubic yard (1 yd³) of loose, unshredded yard waste excluding manures weighs two hundred pounds (200 lbs.)), provided:

   1. (A) The process follows acceptable methods of composting and is developed, operated, and maintained in a safe, nuisance-free manner; and
   2. (B) Prior to the commencement of construction, a written notice is provided to the Division of Environmental Quality describing the facility location, a description of the operation of the facility, and the intended end use for the compost;

2. (2)

   1. (A) Small composting operations conducted by an individual treating yard and organic wastes taken solely from that individual's personal residence or property.
   2. (B) This exemption may be revoked in the event that the composting operation becomes a nuisance to other persons or property owners either adjacent to or in the vicinity of the composting operation;

3. (3)

   1. (A) Composting facilities that receive and treat only animal manures, agricultural wastes, yard wastes, and wood wastes if the facility is operated in conjunction with and on the same property as a confined animal facility.
   2. (B) Water Division permitting or authorization may be required in such instances;
4. (4) Composting facilities which exclusively receive and treat organic plant wastes from a nursery operation; and
5. (5) The recovery and use of chipped, shredded, or processed wood waste, excluding yard waste, for reuse as a mulch, composting material, or other beneficial use.