1. (a) Applicability. Composting facilities as specified shall meet the following requirements:

   1. (1) Bird hazards. Type O and Type S facilities located within ten thousand feet (10,000’) (three thousand forty-eight meters (3,048 m)) of any airport runway end used by turbojet aircraft or within five thousand feet (5,000’) (one thousand five hundred twenty-four meters (1,524 m)) of any airport runway end used by only piston-type aircraft shall be designed and operated in a manner that will not pose a bird hazard to aircraft;
   2. (2) Flood hazards. Type CY, Type CO, and Type CS facilities shall be designed and operated in a manner that will not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health, wildlife, or land or water resources;

   3. (3) Wetlands.

      1. (A) Applicants for new Type Y, Type O, and Type S facilities and expansions to the permitted area shall demonstrate that the facility or facility expansion is not located in wetlands, or if it is, that it is in compliance with the provision of the Clean Water Act and implementing regulations.
      2. (B) To demonstrate compliance, the applicant must provide a wetlands delineation and any permit that may be required by the appropriate agency with jurisdiction for the proposed site.
      3. (C) Where indicated by site characteristics, Type Y facilities may also be required to document compliance;
   4. (4) Local zoning. Type Y, Type O, and Type S facilities located within a municipality or county that has adopted restrictions on sites in conjunction with a comprehensive county-wide land use plan as provided in 8 CAR § 60-202, specific geographic site approval from the government or governments of jurisdiction shall be obtained by the applicant for submission to the Division of Environmental Quality with the preapplication; and

   5. (5) Setback distances. Composting areas for all facilities placed in service after May 7, 1995, as measured from the edge of any composting area or area used for storing incoming materials or finished compost, shall not be located within:

      1. (A) Fifty feet (50’) of the property boundary;
      2. (B) One hundred feet (100’) from a naturally occurring surface water body, stream, or streambed; and
      3. (C)

2. (i) Two hundred feet (200’) to an existing residence, place of business, or drinking water supply not owned or leased by the applicant.

   1. (ii) Existing residences, businesses, and water supplies shall be determined at the time in which notice is filed with the regional solid waste management district or a preapplication is filed with the division, whichever comes first.

3. (b) Ground water and bedrock separation distances. Type O and S facilities shall not be located in areas where the seasonal high ground water is less than five feet (5’) from the top of the proposed compost floor system surface or where bedrock lies less than twenty-four inches (24”) below the top of the proposed compost pad surface.

   1. (c) Solid waste management district notification.
   2. (1) Applicants for composting shall provide notice to the solid waste management district in which the facility is proposed to be located prior to submitting an application to the division.
   3. (2) In addition to the requirements of this subpart, applicants for a permit shall comply with any district rules regarding the siting, design, or operation of solid waste management facilities and any applicable comprehensive local zoning requirements.

Codification Notes: The Clean Water Act, Pub. L. No. 92-500, is codified generally at 33 U.S.C. § 1251 et seq.