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