This regulation shall apply to each yard waste composting site that has a composting area of one-half acre or less, but this regulation shall not apply to backyard composting. Hay, straw, and manure may be added to yard waste only for the purpose of adjusting the carbon-to-nitrogen ratio of the compost mix. The additives shall not exceed 10 percent by volume of the total mixture without the written approval of the department. Other materials may be added to the yard waste only with the written approval of the department.

1. (a) Site design. The owner or operator of each yard waste composting site shall design and construct the composting site to meet all of the following requirements.

   1. (1) Composting surface and drainage.

      1. (A) Storm water run-on shall be prevented from entering the receiving, processing, curing, or storage areas by the use of berms or other physical barriers.
      2. (B) The operation shall not cause a discharge of pollutants into waters of the state, in accordance with K.S.A. 65-164, and amendments thereto.

   2. (2) Site access.

      1. (A) At each site that composts yard waste that is brought in from off-site, the following information shall be posted on one or more signs:

         1. (i) Site name;
         2. (ii) site hours;
         3. (iii) a list of the materials appropriate for composting; and
         4. (iv) the name and telephone number of an emergency contact person.
      2. (B) Unauthorized dumping shall be discouraged by access control.

2. (b) Site operations. The owner or operator of each yard waste composting site shall perform the following:

   1. (1) Minimize odors;
   2. (2) control disease vectors, dust, litter, and noise; and
   3. (3) remove all finished compost within 18 months of the completion of the composting process.

3. (c) Site closure. The owner or operator of each yard waste composting site shall perform the following:

   1. (1) Notify the department, in writing, at least 60 days before closure; and
   2. (2) remove all materials from the site within six months of the last receipt of compostable material.
4. (d) Registration. Each owner or operator of a small yard waste composting site shall submit registration information to the department on a form provided by the department, unless the composting operation is located at a confined feeding facility that has a valid permit issued by the department.

(Authorized by and implementing K.S.A. 1998 Supp. 65-3406; effective Oct. 1, 1999.)