EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0229*
SENATE BILL 229
M3, M4 2lr0713
CF HB 184
By: Senator Gallion Senators Gallion, Carozza, and Hester
Introduced and read first time: January 13, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 17, 2022
CHAPTER ______
AN ACT concerning 1
Environment – On–Farm Composting Facilities – Permit Exemption 2
FOR the purpose of requiring the Department of the Environment to adopt regulations to 3
exempt an on–farm composting facility from a certain requirement to obtain a permit 4
if the on–farm composting facility meets certain conditions; and generally relating 5
to on–farm composting facilities. 6
BY repealing and reenacting, with amendments, 7
Article – Environment 8
Section 9–1725 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Environment 14
9–1725. 15
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT 18
CONTAINS MORE THAN 2% BY DRY WEIGHT OF : 19 2 SENATE BILL 229
(I) MAN–MADE INERT MATERIAL ; OR 1
(II) FILM PLASTIC. 2
(3) (I) “FARM” MEANS THE SITE OF A BUSINESS OR ACTIVITY 3
OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING, 4
PASTURING, OR PRODUCING AN AGRIC ULTURAL PRODUCT OTHE R THAN COMPOST , 5
INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY 6
IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE . 7
(II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS O R 8
ACTIVITY OPERATED FOR THE PRIMA RY PURPOSE OF PRODUC ING COMPOST. 9
(4) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME 10
OTHER LIQUID. 11
(II) “LIQUID FEEDSTOCK ” DOES NOT INCLUDE FOO D SCRAPS 12
THAT CONTAIN SOME LI QUID. 13
(5) (I) “OFF–SITE TYPE 2 FEEDSTOCK” IS TYPE 2 FEEDSTOCK THAT 14
IS GENERATED OFF –SITE. 15
(II) “OFF–SITE TYPE 2 FEEDSTOCK” MAY NOT INCLUDE ANIM AL 16
MORTALITIES. 17
(6) (I) “ON–SITE TYPE 2 FEEDSTOCK” IS TYPE 2 FEEDSTOCK THAT 18
IS GENERATED ON –SITE. 19
(II) “ON–SITE TYPE 2 FEEDSTOCK” MAY INCLUDE A NIMAL 20
MORTALITIES. 21
(7) “TYPE 1 FEEDSTOCK” MEANS: 22
(I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ; 23
AND 24
(II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO 25
POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS , 26
AND PHYSICAL CONTAMINANTS . 27
(8) “TYPE 2 FEEDSTOCK” MEANS: 28
SENATE BILL 229 3
(I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL 1
CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING 2
PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER; 3
AND 4
(II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING , 5
WITH DEPARTMENT APPROVAL B ASED ON FACTORS SUCH AS MOISTURE CONTENT 6
AND PATHOGEN RISK . 7
(B) A person may operate a composting facility in the State only in accordance 8
with this part and any regulation, order, or permit adopted or issued under this part. 9
(b) (C) (1) The Department shall adopt regulations to implement the 10
provisions of this part. 11
(2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this 12
subsection may: 13
(i) Establish conditions under which a person may construct and 14
operate a composting facility in the State; 15
(ii) Establish a tiered system of permits or approvals for composting 16
facilities based on the type of feedstock, size of the facility, and other factors determined by 17
the Department to be appropriate; 18
(iii) Establish design and operational conditions for composting 19
facilities to protect public health and the environment and to minimize nuisances; 20
(iv) Establish exceptions to any requirement to obtain a composting 21
facility permit or approval; 22
(v) Exempt certain organic materials that are composted from being 23
designated as solid wastes; and 24
(vi) Establish any other provisions the Department deems necessary 25
to implement the provisions of this subtitle related to composting. 26
(3) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL 27
EXEMPT AN ON –FARM COMPOSTING FACI LITY FROM THE REQUIR EMENT TO OBTAIN 28
A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM COMPOSTING FACI LITY: 29
(I) USES 40,000 SQUARE FEET OF AREA OR LESS IN SUPPORT 30
OF FOR ACTIVE FOOD SCRAP COMPOSTIN G; AND 31
(II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G: 32
4 SENATE BILL 229
1. ORGANIC MATERIALS GEN ERATED ON SITE OR AT 1
ANOTHER FARM CONTROL LED BY THE SAME OPER ATOR; 2
2. ANIMAL MANURE AND BED DING, GENERATED ON 3
SITE; 4
3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF 5
GENERATION ; 6
4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS : 7
A. NOT CONTAMINATED OR L IQUID; 8
B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1 9
FEEDSTOCK; AND 10
C. INCORPORATED INTO ACT IVE COMPOSTING WITHI N 11
24 HOURS AFTER ARRIVING ON SITE; OR 12
5. ON–SITE TYPE 2 FEEDSTOCK; 13
(III) 1. RECORDS THE: 14
A. AMOUNT AND SOURCE OF FEEDSTOCK BEING 15
COMPOSTED ; AND 16
B. DATE AND TIME THE FEE DSTOCK ARRIVES ON TH E 17
FARM; AND 18
2. RETAINS THE RECORDS F OR 3 YEARS; AND 19
(IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION 20
SPECIFIED IN REGULAT IONS. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23