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.
*hb0253*
HOUSE BILL 253
M3, M4 3lr1256
SB 229/22 – EHE CF SB 262
By: Delegate Shetty Delegates Shetty, Ciliberti, Foley, Holmes, J. Long, Love,
T. Morgan, Ruth, Stewart, and Ziegler
Introduced and read first time: January 25, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2023
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, without amendments, 7
Article – Environment 8
Section 9–1701(a) and (v) 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Environment 13
Section 9–1725 14
Annotated Code of Maryland 15
(2014 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Environment 19
2 HOUSE BILL 253
9–1701. 1
(a) In this subtitle the following words have the meanings indicated. 2
(v) (1) “Yard waste” means organic plant waste derived from gardening, 3
landscaping, and tree trimming activities. 4
(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 5
prunings. 6
9–1725. 7
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) (I) “ACTIVE FOOD SCRAP COM POSTING” MEANS MATERIAL TO 10
BE COMPOSTED UNDER S UBSECTION (C)(3)(II) OF THIS SECTION AND MATERIAL IN 11
THE PROCESS OF BEING COMPOSTED . 12
(II) “ACTIVE FOOD SCRAP COM POSTING” DOES NOT INCLUDE 13
ANY FINAL SOIL AMEND MENT PRODUCED . 14
(2) (3) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT 15
CONTAINS MORE THAN 2% BY DRY WEIGHT OF : 16
(I) MAN–MADE INERT MATERIAL ; OR 17
(II) FILM PLASTIC. 18
(3) (4) (I) “FARM” MEANS THE SITE OF A BUSINESS OR ACTIVITY 19
OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING, 20
PASTURING, OR PRODUCING AN AGRI CULTURAL PRODUCT OTH ER THAN COMPOST , 21
INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY 22
IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE . 23
(II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS O R 24
ACTIVITY OPERATED FOR THE PRIM ARY PURPOSE OF PRODU CING COMPOST . 25
(4) (5) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME 26
OTHER LIQUID. 27
(II) “LIQUID FEEDSTOCK ” DOES NOT INCLUDE FOO D SCRAPS 28
THAT CONTAIN SOME LI QUID. 29
HOUSE BILL 253 3
(5) (6) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 1
FEEDSTOCK THAT IS GE NERATED OFF –SITE. 2
(II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE : 3
ANIMAL 4
1. ANIMAL MORTALITIES; OR 5
2. INDUSTRIAL ANIMAL PRO CESSING RESIDUALS . 6
(6) (7) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 7
FEEDSTOCK THAT IS GENERATED ON –SITE. 8
(II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL 9
MORTALITIES. 10
(7) (8) “TYPE 1 FEEDSTOCK” MEANS: 11
(I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ; 12
AND 13
(II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO 14
POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBST ANCES, HUMAN PATHOGENS , 15
AND PHYSICAL CONTAMI NANTS. 16
(8) (9) “TYPE 2 FEEDSTOCK” MEANS: 17
(I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL 18
CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING 19
PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER; 20
AND 21
(II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING , 22
WITH DEPARTMENT APPROVAL B ASED ON FACTORS SUCH AS MOISTURE CONTENT 23
AND PATHOGEN RISK . 24
(B) A person may operate a composting facility in the State only in accordance 25
with this part and any regulation, order, or permit adopted or issued under this part. 26
[(b)] (C) (1) The Department shall adopt regulations to implement the 27
provisions of this part. 28
(2) [Regulations] THE REGULA TIONS adopted under paragraph (1) of this 29
subsection may: 30
4 HOUSE BILL 253
(i) Establish conditions under which a person may construct and 1
operate a composting facility in the State; 2
(ii) Establish a tiered system of permits or approvals for composting 3
facilities based on the type of feedstock, size of the facility, and other factors determined by 4
the Department to be appropriate; 5
(iii) Establish design and operational conditions for composting 6
facilities to protect public health and the environment and to minimize nuisances; 7
(iv) Establish exceptions to any requirement to obtain a composting 8
facility permit or approval; 9
(v) Exempt certain organic materials that are composted from being 10
designated as solid wastes; and 11
(VI) REQUIRE THAT A NEW COMPOSTING FACILITY BE 12
CONSTRUCTED AND OPER ATED IN ACCORDANCE W ITH: 13
1. ANY REGULATIONS ADOPT ED BY THE DEPARTMENT ; 14
2. A NUTRIENT MANAGEMENT PLAN, IF REQUIRED 15
UNDER COMAR 15.20.07; AND 16
3. A. A SOIL CONSERVATION AN D WATER QUALITY 17
PLAN IN ACCORDANCE WITH COMAR 26.04.11.06 THAT DESCRIBES THE 18
COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND 19
UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL 20
PROCEDURES ; OR 21
B. AN AGRICULTURAL WASTE MANAGEMENT SYSTEM 22
PLAN IN ACCORDANCE WITH COMAR 26.04.11.06 THAT DESCRIBES THE 23
COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND 24
UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL 25
PROCEDURES ; AND 26
(vi) (VII) Establish any other provisions the Department deems 27
necessary to implement the provisions of this subtitle related to composting. 28
(3) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL 29
EXEMPT AN OPERATOR OF AN ON–FARM COMPOSTING FACI LITY FROM THE 30
REQUIREMENT TO OBTAI N A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM 31
COMPOSTING FACILITY : 32
HOUSE BILL 253 5
(I) USES 40,000 10,000 SQUARE FEET OF AREA OR LESS FOR 1
ACTIVE FOOD SCRAP COMPOSTIN G; 2
(II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G: 3
1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT 4
ANOTHER FARM CONTROL LED BY THE SAME OPERATOR OWNER OR LESSEE OF T HE 5
FARM; 6
2. ANIMAL MANURE AND BED DING, GENERATED 7
ON–SITE; 8
3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF 9
GENERATION ; 10
4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS : 11
A. NOT CONTAMINATED OR L IQUID; 12
B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1 13
FEEDSTOCK; AND 14
C. INCORPORATED INTO ACT IVE COMPOSTING WITHI N 15
24 HOURS AFTER ARRIVING ON–SITE; OR 16
5. ON–SITE TYPE 2 FEEDSTOCK; 17
(III) 1. RECORDS THE: 18
A. AMOUNT AND SOURCE OF OFF–SITE TYPE 2 19
FEEDSTOCK BEING COMP OSTED; AND 20
B. DATE AND TIME THE OFF–SITE TYPE 2 FEEDSTOCK 21
ARRIVES ON THE FARM ; AND 22
2. RETAINS THE RECORDS F OR 3 5 YEARS; AND 23
3. PROVIDES THE RECORDS TO THE DEPARTMENT ON 24
REQUEST FOR THE PURP OSE OF INSPECTION ; AND 25
(IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION 26
SPECIFIED IN REGULAT IONS. 27
(4) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL 28
SUBMIT A REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 29 6 HOUSE BILL 253
ARTICLE, TO THE GENERAL ASSEMBLY THAT ANALYZE S THE IMPACT OF ON –FARM 1
COMPOSTING FACILITIE S IN MARYLAND, INCLUDING: 2
(I) THE AMOUNT OF FOOD WASTE DIVERT ED FROM LANDFILLS ; 3
(II) AN ESTIMATE OF THE AM OUNT OF FINISHED SOI L 4
AMENDMENT PRODUCED B Y ON–FARM COMPOSTING FACI LITIES OPERATING UND ER 5
THIS SECTION; 6
(III) OPERATIONAL CHALLENGE S EXPERIENCED BY ON –FARM 7
COMPOSTING FACILITIE S; 8
(IV) VIOLATIONS AND ENFORC EMENT ACTIONS THAT H AVE 9
ARISEN AS A RESULT O F THE EXPANSION OF F ACILITIES UNDER THIS SECTION; AND 10
(V) RECOMMENDATIONS ON TH E FEASIBILITY OF EXP ANDING 11
FACILITIES TO ALLOW FOR UP TO 40,000 SQUARE FEET TO BE US ED FOR FOOD SCRA P 12
COMPOSTING ACTIVITIE S. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2023. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.