Sec. 26.04.11.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “24-hour, 25-year storm event” means the amount of precipitation, occurring over 24 hours, that has a probability of 1/25 of being met or exceeded during any 1-year period.

(2) “Active composting” means the phase of composting prior to curing.

(3) “All-weather pad” means a pad of sufficient construction, firmness, and grading so that composting equipment can manage the process during normal inclement weather, including expected rain, snow, and freezing temperatures.

(4) “All-weather road” means a road of sufficient construction and firmness for vehicles and equipment to traverse during normal inclement weather, including expected rain, snow, and freezing temperatures.

(5) “Animal mortality” means an animal carcass that is generated:

(a) At a farm during the normal course of operations;

(b) At another location and managed by State or local government as part of roadway or other maintenance activities; or

(c) At a farm or other location and managed under an Emergency Exemption under Regulation .06 of this chapter.

(6) “Carbon-rich” means having a carbon-to-nitrogen ratio of at least 60:1.

(7) “Compost” means the product of composting in accordance with the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland.

(8) “Compostable products” means containers, films, or food service items, such as a bowls, plates, cups, or cutlery, composed of materials such as:

(a) Vegetable matter;

(b) Paper;

(c) Cardboard; and

(d) Compostable plastics that are, within the length of time and process employed at the composting facility at which they are used, capable of biological decomposition to a degree that they result in marketable compost meeting the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland.

(9) “Composting” means the controlled aerobic biological decomposition of organic waste material.

(10) Composting facility.

(a) “Composting facility” means a facility where composting takes place.

(b) “Composting facility” does not include a facility that is required to obtain:

(i) A Natural Wood Waste Recycling Facility Permit under COMAR 26.04.09;

(ii) A Sewage Sludge Utilization Permit under COMAR 26.04.06; or

(iii) A Refuse Disposal Permit under COMAR 26.04.07.

(c) The exclusions in §B(10)(b) of this regulation apply only to the areas of a site for which one of the listed permits is required.

(11) “Composting Facility Operations Plan” (CFOP) means the plan required by Regulation .09 of this chapter.

(12) “Composting Facility Permit” means the permit required by Regulations .05 and .06 of this chapter.

(13) Contact Water.

(a) “Contact water” means liquid, including runoff from precipitation, that has been in contact with feedstocks or active composting material and runs off the feedstock receiving area, feedstock storage area, or active composting area.

(b) “Contact water” includes liquid that has passed through or emerged from feedstocks or active composting material and contains soluble, suspended, or miscible materials removed from the piles.

(14) “Covered” means covered with:

(a) A synthetic, low-permeability cover or tarp designed to prevent precipitation from contacting the covered materials;

(b) A roof with either walls or sufficient run-on control measures, such as berms, to prevent run-on from contacting the covered materials; or

(c) An alternative approved by the Department.

(15) Curing.

(a) “Curing” means the phase of the composting process after:

(i) Most of the readily metabolized material has been decomposed and stabilized; and

(ii) The pathogen reduction requirements in Regulation .09 of this chapter have been met.

(b) “Curing” includes periods in which the material is managed to increase maturity prior to use or distribution as compost.

(16) “Department” means the Maryland Department of the Environment.

(17) “Existing composting facility” means a composting facility that began operations on or before July 1, 2015.

(18) Farm.

(a) ”Farm” means the site of a business or activity operated for the primary purpose of tilling, cropping, keeping, pasturing, or producing an agricultural product other than compost, including livestock, poultry, plants, trees, sod, food, feed, or fiber, by in-ground, out-of-ground, container, or other culture.

(b) “Farm” does not include the site of a business or activity operated for the primary purpose of producing compost.

(19) “Flood plain” means the flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.

(20) “Indoors” means within a structure that is entirely enclosed by walls and has a roof and low-permeability floor constructed of concrete, asphalt, or similar materials.

(21) In Support of Composting.

(a) “In support of composting” means used to conduct any phase of the composting process, including but not limited to feedstock receiving, feedstock preparation, active composting, curing, compost storage, composting equipment storage or maintenance, or storage of any solid waste or non-compostable materials.

(b) “In support of composting” does not include:

(i) Areas used to store mobile, general purpose farm equipment such as tractors and backhoes;

(ii) Areas associated with the housing or movement of animals where manure may accumulate prior to composting; or

(iii) Roads used for transport to the composting facility or between separate composting areas on a site.

(22) Major Permit Modification.

(a) “Major permit modification” means a significant and substantive change to an individual Composting Facility Permit.

(b) “Major permit modification” includes:

(i) A change in the facility tier;

(ii) A significant increase in facility capacity, throughput, or compost produced per year;

(iii) A change in ownership of the facility;

(iv) A significant change to the size of the area used in support of composting; and

(v) Any other significant change to the design or operation of the composting facility.

(23) “Minor permit modification” means a change to an individual Composting Facility Permit that is not a major permit modification.

(24) “Natural wood waste” has the meaning stated in COMAR 26.04.09.02.

(25) “New composting facility” means a composting facility that began operations after July 1, 2015.

(26) “Organic” means any natural biological substance of plant or animal origin that is capable of microbial degradation.

(27) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(28) “Physical contaminants” means non-compostable items including non-compostable plastic, glass, rubber, and metal.

(29) “Run-on” means any rainwater or other liquid that drains over land onto any part of a composting facility.

(30) “Seasonal high water table” means the highest water table as determined in the soil profile by the encountered indications of soil mottling or iron concretions or by measuring seasonal fluctuations of the water table in a water table well over a period acceptable to the Department.

(31) Stormwater.

(a) “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage.

(b) “Stormwater” does not include contact water.

(32) “Stabilized compost” is defined in COMAR 15.18.04.01.

(33) “Tier 1 Facility” means a composting facility that accepts only Type 1 feedstocks.

(34) Tier 2 Facility.

(a) “Tier 2 Facility” means a composting facility that accepts Type 2 feedstocks.

(b) “Tier 2 Facility” includes a composting facility that accepts Type 1 feedstocks in addition to Type 2 feedstocks.

(c) “Tier 2 Facility” does not include a composting facility that accepts Type 3 feedstocks.

(35) “Tier 2 Small Facility” means a Tier 2 Facility that produces 10,000 cubic yards or less of compost per year.

(36) “Tier 2 Large Facility” means a Tier 2 Facility that produces more than 10,000 cubic yards of compost per year.

(37) “Tier 3 Facility” means a facility that accepts any Type 3 feedstocks, regardless of whether other feedstock Types are also accepted.

(38) “Type 1 feedstock” means:

(a) Yard waste, as defined in Environment Article, §9-1701, Annotated Code of Maryland; and

(b) Other materials determined by the Department to pose a low level of risk from hazardous substances, human pathogens, and physical contaminants.

(39) “Type 2 feedstock” means:

(a) Source-separated organics from residential curbside or drop-off programs and non-residential sources, including but not limited to pre-consumer and post-consumer food scraps and non-recyclable paper;

(b) Department-approved animal manure and bedding, with Department approval based on factors such as moisture content and pathogen risk;

(c) Department-approved industrially produced food processing materials, including industrial poultry and seafood residuals;

(d) Animal mortalities;

(e) Manufactured organic materials such as waxed-corrugated cardboard, non-coated paper, and compostable products; and

(f) Other materials that the Department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens, compared to Type 1 feedstocks.

(40) “Type 3 feedstock” means:

(a) Sewage sludge, as defined in COMAR 26.04.06.03;

(b) Biosolids, as defined in COMAR 26.04.06.03;

(c) Used diapers;

(d) Mixed municipal solid waste; and

(e) Any other feedstocks that are not Type 1 or Type 2 feedstocks and that the Department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens, compared to Type 1 and Type 2 feedstocks.