WES MOORE, Governor Ch. 521
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Chapter 521
(House Bill 253)
AN ACT concerning
Environment – On–Farm Composting Facilities – Permit Exemption
FOR the purpose of requiring the Department of the Environment to adopt regulations to
exempt an on–farm composting facility from a certain requirement to obtain a permit
if the on–farm composting facility meets certain conditions; requiring the
Department to require the operator of a farm to provide certain notice under certain
circumstances; and generally relating to on–farm composting facilities.
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–1701(a) and (v)
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–1725
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–1701.
(a) In this subtitle the following words have the meanings indicated.
(v) (1) “Yard waste” means organic plant waste derived from gardening,
landscaping, and tree trimming activities.
(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and
prunings.
9–1725.
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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(2) (I) “ACTIVE FOOD SCRAP COM POSTING” MEANS MATERIAL TO
BE COMPOSTED UNDER S UBSECTION (C)(3)(II) OF THIS SECTION AND
SOURCE–SEPARATED ORGANIC MA TERIAL BROUGHT ONTO THE FARM AND
COMMINGLED MATERIAL IN THE PROC ESS OF BEING COMPOST ED.
(II) “ACTIVE FOOD SCRAP COMPOSTING ” DOES NOT INCLUDE
ANY FINAL SOIL AMEND MENT PRODUCED .
(2) (3) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT
CONTAINS MORE THAN 2% BY DRY WEIGHT OF :
(I) MAN–MADE INERT MATERIAL ; OR
(II) FILM PLASTIC.
(3) (4) (I) “FARM” MEANS THE SITE OF A BUSINESS O R ACTIVITY
OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING,
PASTURING, OR PRODUCING AN AGRI CULTURAL PRODUCT OTH ER THAN COMPOST ,
INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY
IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE .
(II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS O R
ACTIVITY OPERATED FO R THE PRIMARY PURPOS E OF PRODUCING COMPO ST.
(4) (5) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME
OTHER LIQUID.
(II) “LIQUID FEEDSTOCK” DOES NOT INCLUDE FOO D SCRAPS
THAT CONTAIN SOME LI QUID.
(5) (6) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2
FEEDSTOCK THAT IS GE NERATED OFF –SITE.
(II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE :
ANIMAL
1. ANIMAL MORTALITIES; OR
2. INDUSTRIAL ANIMAL PRO CESSING RESIDUALS .
(6) (7) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2
FEEDSTOCK THAT IS GE NERATED ON–SITE.
WES MOORE, Governor Ch. 521
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(II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL
MORTALITIES.
(7) (8) “TYPE 1 FEEDSTOCK” MEANS:
(I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ;
AND
(II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO
POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS ,
AND PHYSICAL CONTAMI NANTS.
(8) (9) “TYPE 2 FEEDSTOCK” MEANS:
(I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL
CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING
PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER;
AND
(II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING ,
WITH DEPARTMENT APP ROVAL BASED ON FACTO RS SUCH AS MOISTURE CONTENT
AND PATHOGEN RISK .
(B) A person may operate a composting facility in the State only in accordance
with this part and any regulation, order, or permit adopted or issued under this part.
[(b)] (C) (1) The Department shall adopt regulations to implement the
provisions of this part.
(2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this
subsection may:
(i) Establish conditions under which a person may construct and
operate a composting facility in the State;
(ii) Establish a tiered system of permits or approvals for composting
facilities based on the type of feedstock, size of the facility, and other factors determined by
the Department to be appropriate;
(iii) Establish design and operational conditions for composting
facilities to protect public health and the environment and to minimize nuisances;
(iv) Establish exceptions to any requirement to obtain a composting
facility permit or approval;
Ch. 521 2023 LAWS OF MARYLAND
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(v) Exempt certain organic materials that are composted from being
designated as solid wastes; and
(VI) REQUIRE THAT A NEW CO MPOSTING FACILITY BE
CONSTRUCTED AND OPER ATED IN ACCORDANCE W ITH:
1. ANY REGULATIONS ADOPT ED BY THE DEPARTMENT ;
2. A NUTRIENT MANAGEMENT PLAN , IF REQUIRED
UNDER COMAR 15.20.07; AND
3. A. A SOIL CONSERVATION AN D WATER QUALITY
PLAN IN ACCORDANCE W ITH COMAR 26.04.11.06 THAT DESCRIBES THE
COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND
UTILIZATION OF THE MATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL
PROCEDURES ; OR
B. AN AGRICULTURAL WASTE MANAGEMENT SYSTEM
PLAN IN ACCORDANCE W ITH COMAR 26.04.11.06 THAT DESCRIBES THE
COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND
UTILIZATION OF T HE MATERIALS , SYSTEM MAINTENANCE , AND OPERATIONAL
PROCEDURES ; AND
(vi) (VII) Establish any other provisions the Department deems
necessary to implement the provisions of this subtitle related to composting.
(3) THE REGULATIONS ADOPT ED UNDER THIS SU BSECTION SHALL
EXEMPT AN OPERATOR OF AN ON–FARM COMPOSTING FACI LITY FROM THE
REQUIREMENT TO OBTAI N A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM
COMPOSTING FACILITY :
(I) USES 40,000 10,000 SQUARE FEET OF AREA OR LESS FOR
ACTIVE FOOD SCRAP COMPOSTIN G;
(II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G:
1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT
ANOTHER FARM CONTROL LED BY THE SAME OPERATOR OWNER OR LESSEE OF T HE
FARM;
2. ANIMAL MANURE AND BED DING, GENERATED
ON–SITE;
WES MOORE, Governor Ch. 521
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3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF
GENERATION ;
4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS :
A. NOT CONTAMINATED OR L IQUID;
B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1
FEEDSTOCK; AND
C. INCORPORATED INTO ACT IVE COMPOSTING WITHIN
24 HOURS AFTER ARRIVING ON–SITE; OR
5. ON–SITE TYPE 2 FEEDSTOCK;
(III) 1. RECORDS THE:
A. AMOUNT AND SOURCE OF OFF–SITE TYPE 2
FEEDSTOCK SOURCE–SEPARATED ORGANICS BEING COMPOSTED ; AND
B. DATE AND TIME THE OFF–SITE TYPE 2 FEEDSTOCK
SOURCE–SEPARATED ORGANICS ARRIVES ON THE FARM ; AND
2. RETAINS THE RECORDS F OR 3 5 YEARS; AND
3. PROVIDES THE RECORDS TO THE DEPARTMENT ON
REQUEST FOR THE PURP OSE OF INSPECTION ; AND
(IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION
SPECIFIED IN REGULATIONS .
(4) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL
SUBMIT A REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
ARTICLE, TO THE GENERAL ASSEMBLY THAT ANALYZE S THE IMPACT OF ON –FARM
COMPOSTING FACILITIE S IN MARYLAND, INCLUDING:
(I) THE AMOUNT OF FOOD WA STE DIVERTED FROM LA NDFILLS;
(II) AN ESTIMATE OF THE AM OUNT OF FINISHED SOI L
AMENDMENT PRODUCED B Y ON–FARM COMPOSTING FACI LITIES OPERATING UND ER
THIS SECTION;
(III) OPERATIONAL CHALLENGE S EXPERIENCED BY ON –FARM
COMPOSTING FACILITIE S; Ch. 521 2023 LAWS OF MARYLAND
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(IV) VIOLATIONS AND ENFORC EMENT ACTIONS THAT H AVE
ARISEN AS A RESULT O F THE EXPANSION OF F ACILITIES UNDER THIS SECTION; AND
(V) RECOMMENDATIONS ON TH E FEASIBILITY OF EXP ANDING
FACILITIES TO ALLOW FO R UP TO 40,000 SQUARE FEET TO BE US ED FOR FOOD SCRAP
COMPOSTING ACTIVITIE S.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) This Act is not intended to alter the rules or requirements for farms or
composting facilities operating without a composting permit in accordance with regulations
in effect on January 1, 2023.
(b) The Department of the Environment shall require the operator of a farm to
provide written notice to the Department before conducting on–farm composting without a
permit in accordance with this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 8, 2023.