EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0262*
SENATE BILL 262
M3, M4 3lr1388
HB 184/22 – ENT CF HB 253
By: Senators Gallion, Hester, and Carozza
Introduced and read first time: January 25, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
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
9–1701. 20
(a) In this subtitle the following words have the meanings indicated. 21
(v) (1) “Yard waste” means organic plant waste derived from gardening, 22
landscaping, and tree trimming activities. 23
2 SENATE BILL 262
(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 1
prunings. 2
9–1725. 3
(a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(2) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT 6
CONTAINS MORE THAN 2% BY DRY WEIGHT OF : 7
(I) MAN–MADE INERT MATERIAL ; OR 8
(II) FILM PLASTIC. 9
(3) (I) “FARM” MEANS THE SITE OF A BUSINESS OR ACTIVITY 10
OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING, 11
PASTURING, OR PRODUCING AN AGRI CULTURAL PRODUCT OTH ER THAN COMPOST , 12
INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY 13
IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE . 14
(II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS OR 15
ACTIVITY OPERATED FO R THE PRIMARY PURPOS E OF PRODUCING COMPO ST. 16
(4) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME 17
OTHER LIQUID. 18
(II) “LIQUID FEEDSTOCK ” DOES NOT INCLUDE FOO D SCRAPS 19
THAT CONTAIN SOME LI QUID. 20
(5) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 FEEDSTOCK 21
THAT IS GENERATED OF F–SITE. 22
(II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE 23
ANIMAL MORTALITIES . 24
(6) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 FEEDSTOCK 25
THAT IS GENERATED ON –SITE. 26
(II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL 27
MORTALITIES. 28
(7) “TYPE 1 FEEDSTOCK” MEANS: 29
(I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ; 30 SENATE BILL 262 3
AND 1
(II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO 2
POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS , 3
AND PHYSICAL CONTAMI NANTS. 4
(8) “TYPE 2 FEEDSTOCK” MEANS: 5
(I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL 6
CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING 7
PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER; 8
AND 9
(II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING , 10
WITH DEPARTMENT APPROVAL B ASED ON FACTORS SUCH AS MOISTURE CONTENT 11
AND PATHOGEN RISK . 12
(B) A person may operate a composting facility in the State only in accordance 13
with this part and any regulation, order, or permit adopted or issued under this part. 14
[(b)] (C) (1) The Department shall adopt regulations to implement the 15
provisions of this part. 16
(2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this 17
subsection may: 18
(i) Establish conditions under which a person may construct and 19
operate a composting facility in the State; 20
(ii) Establish a tiered system of permits or approvals for composting 21
facilities based on the type of feedstock, size of the facility, and other factors determined by 22
the Department to be appropriate; 23
(iii) Establish design and operational conditions for composting 24
facilities to protect public health and the environment and to minimize nuisances; 25
(iv) Establish exceptions to any requirement to obtain a composting 26
facility permit or approval; 27
(v) Exempt certain organic materials that are composted from being 28
designated as solid wastes; and 29
(vi) Establish any other provisions the Department deems necessary 30
to implement the provisions of this subtitle related to composting. 31
(3) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL 32 4 SENATE BILL 262
EXEMPT AN ON –FARM COMPOSTING FACI LITY FROM THE REQUIR EMENT TO OBTAIN 1
A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM COMPOSTING FACI LITY: 2
(I) USES 40,000 SQUARE FEET OF AREA OR LESS FOR ACTIVE 3
FOOD SCRAP COMPOSTIN G; 4
(II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G: 5
1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT 6
ANOTHER FARM CONTROL LED BY THE SAME OPER ATOR; 7
2. ANIMAL MANURE AND BED DING, GENERATED 8
ON–SITE; 9
3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF 10
GENERATION ; 11
4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS : 12
A. NOT CONTAMINATED OR L IQUID; 13
B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1 14
FEEDSTOCK; AND 15
C. INCORPORATED INTO ACT IVE COMPOSTING WITHIN 16
24 HOURS AFTER ARRIVING ON–SITE; OR 17
5. ON–SITE TYPE 2 FEEDSTOCK; 18
(III) 1. RECORDS THE: 19
A. AMOUNT AND SOURCE OF FEEDSTOCK BEING 20
COMPOSTED ; AND 21
B. DATE AND TIME THE FEE DSTOCK ARRIVES ON TH E 22
FARM; AND 23
2. RETAINS THE RECORDS FOR 3 YEARS; AND 24
(IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION 25
SPECIFIED IN REGULAT IONS. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2023. 28