MD
Maryland Senate Bill SB262

Maryland 2023 Regular Session

Maryland Senate Bill SB262 Compare Versions

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1- WES MOORE, Governor Ch. 520
21
3-– 1 –
4-Chapter 520
5-(Senate Bill 262)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0262*
89
9-Environment – On–Farm Composting Facilities – Permit Exemption
10+SENATE BILL 262
11+M3, M4 3lr1388
12+HB 184/22 – ENT CF HB 253
13+By: Senators Gallion, Hester, and Carozza
14+Introduced and read first time: January 25, 2023
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 7, 2023
1019
11-FOR the purpose of requiring the Department of the Environment to adopt regulations to
12-exempt an on–farm composting facility from a certain requirement to obtain a permit
13-if the on–farm composting facility meets certain conditions; requiring the
14-Department to require the operator of a farm to provide certain notice under certain
15-circumstances; and generally relating to on–farm composting facilities.
20+CHAPTER ______
1621
17-BY repealing and reenacting, without amendments,
18- Article – Environment
19-Section 9–1701(a) and (v)
20- Annotated Code of Maryland
21- (2014 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2223
23-BY repealing and reenacting, with amendments,
24- Article – Environment
25-Section 9–1725
26- Annotated Code of Maryland
27- (2014 Replacement Volume and 2022 Supplement)
24+Environment – On–Farm Composting Facilities – Permit Exemption 2
2825
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
26+FOR the purpose of requiring the Department of the Environment to adopt regulations to 3
27+exempt an on–farm composting facility from a certain requirement to obtain a permit 4
28+if the on–farm composting facility meets certain conditions; requiring the 5
29+Department to require the operator of a farm to provide certain notice under certain 6
30+circumstances; and generally relating to on–farm composting facilities. 7
3131
32-Article – Environment
32+BY repealing and reenacting, without amendments, 8
33+ Article – Environment 9
34+Section 9–1701(a) and (v) 10
35+ Annotated Code of Maryland 11
36+ (2014 Replacement Volume and 2022 Supplement) 12
3337
34-9–1701.
38+BY repealing and reenacting, with amendments, 13
39+ Article – Environment 14
40+Section 9–1725 15
41+ Annotated Code of Maryland 16
42+ (2014 Replacement Volume and 2022 Supplement) 17
3543
36- (a) In this subtitle the following words have the meanings indicated.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
45+That the Laws of Maryland read as follows: 19
3746
38- (v) (1) “Yard waste” means organic plant waste derived from gardening,
39-landscaping, and tree trimming activities.
47+Article – Environment 20
48+ 2 SENATE BILL 262
4049
41- (2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and
42-prunings.
4350
44-9–1725.
51+9–1701. 1
4552
46- (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
47-INDICATED.
48- Ch. 520 2023 LAWS OF MARYLAND
53+ (a) In this subtitle the following words have the meanings indicated. 2
4954
50-– 2 –
51- (2) (I) “ACTIVE FOOD SCRAP COMPOSTING ” MEANS
52-SOURCE–SEPARATED ORGANIC MA TERIAL BROUGHT ONTO THE FARM AND
53-COMMINGLED MATERIAL IN THE PROCESS OF BE ING COMPOSTED .
55+ (v) (1) “Yard waste” means organic plant waste derived from gardening, 3
56+landscaping, and tree trimming activities. 4
5457
55- (II) “ACTIVE FOOD SCRAP COM POSTING” DOES NOT INCLUDE
56-ANY FINAL SOIL AMEND MENT PRODUCED .
58+ (2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and 5
59+prunings. 6
5760
58- (2) (3) “CONTAMINATED FEEDSTOCK” MEANS FEEDSTOCK THAT
59-CONTAINS MORE THAN 2% BY DRY WEIGHT OF :
61+9–1725. 7
6062
61- (I) MAN–MADE INERT MATERIAL ; OR
63+ (a) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
64+INDICATED. 9
6265
63- (II) FILM PLASTIC.
66+ (2) (I) “ACTIVE FOOD SCRAP COM POSTING” MEANS 10
67+SOURCE–SEPARATED ORGANIC MA TERIAL BROUGHT ONTO THE FARM AND 11
68+COMMINGLED MATERIAL IN THE PROCESS OF BE ING COMPOSTED . 12
6469
65- (3) (4) (I) “FARM” MEANS THE SITE OF A BUSINESS OR ACTIVITY
66-OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING,
67-PASTURING, OR PRODUCING AN AGRI CULTURAL PRODUCT OTH ER THAN COMPOST ,
68-INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY
69-IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE .
70+ (II) “ACTIVE FOOD SCRAP COM POSTING” DOES NOT INCLUDE 13
71+ANY FINAL SOIL AMEND MENT PRODUCED . 14
7072
71- (II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS OR
72-ACTIVITY OPERATED FO R THE PRIMARY PURPOS E OF PRODUCING COMPO ST.
73+ (2) (3) “CONTAMINATED FEEDSTOC K” MEANS FEEDSTOCK THAT 15
74+CONTAINS MORE THAN 2% BY DRY WEIGHT OF : 16
7375
74- (4) (5) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME
75-OTHER LIQUID.
76+ (I) MAN–MADE INERT MATERIAL ; OR 17
7677
77- (II) “LIQUID FEEDSTOCK ” DOES NOT INCLUDE FOO D SCRAPS
78-THAT CONTAIN SOME LI QUID.
78+ (II) FILM PLASTIC. 18
7979
80- (5) (6) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2
81-FEEDSTOCK THAT IS GE NERATED OFF –SITE.
80+ (3) (4) (I) “FARM” MEANS THE SITE OF A BUSINESS OR ACTIVITY 19
81+OPERATED FOR THE PRI MARY PURPOSE OF TILL ING, CROPPING, KEEPING, 20
82+PASTURING, OR PRODUCING AN AGRICUL TURAL PRODUCT OTHER THAN COMPOST , 21
83+INCLUDING LIVESTOCK , POULTRY, PLANTS, TREES, SOD, FOOD, FEED, OR FIBER, BY 22
84+IN–GROUND, OUT–OF–GROUND, CONTAINER, OR OTHER CULTURE . 23
8285
83- (II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE :
84-ANIMAL
86+ (II) “FARM” DOES NOT INCLUDE THE SITE OF A BUSINESS O R 24
87+ACTIVITY OPER ATED FOR THE PRIMARY PURPOSE OF PRODUCING COMPOST. 25
8588
86- 1. ANIMAL MORTALITIES; OR
89+ (4) (5) (I) “LIQUID FEEDSTOCK ” MEANS GREASE , OIL, OR SOME 26
90+OTHER LIQUID. 27
8791
88- 2. INDUSTRIAL ANIMAL PRO CESSING RESIDUALS .
92+ (II) “LIQUID FEEDSTOCK ” DOES NOT INCLUDE FOO D SCRAPS 28
93+THAT CONTAIN SOME LI QUID. 29
94+ SENATE BILL 262 3
8995
90- (6) (7) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2
91-FEEDSTOCK THAT IS GE NERATED ON–SITE.
9296
93- (II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL
94-MORTALITIES. WES MOORE, Governor Ch. 520
97+ (5) (6) (I) “OFF–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 1
98+FEEDSTOCK THAT IS GE NERATED OFF –SITE. 2
9599
96-– 3 –
100+ (II) “OFF–SITE TYPE 2 FEEDSTOCK” DOES NOT INCLUDE : 3
101+ANIMAL 4
97102
98- (7) (8) “TYPE 1 FEEDSTOCK” MEANS:
103+ 1. ANIMAL MORTALITIES; OR 5
99104
100- (I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ;
101-AND
105+ 2. INDUSTRIAL ANIMAL PRO CESSING RESIDUALS . 6
102106
103- (II) OTHER MATERIALS DETER MINED BY THE DEPARTMENT TO
104-POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS ,
105-AND PHYSICAL CONTAMI NANTS.
107+ (6) (7) (I) “ON–SITE TYPE 2 FEEDSTOCK” MEANS TYPE 2 7
108+FEEDSTOCK THAT IS GE NERATED ON–SITE. 8
106109
107- (8) (9) “TYPE 2 FEEDSTOCK” MEANS:
110+ (II) “ON–SITE TYPE 2 FEEDSTOCK” INCLUDES ANIMAL 9
111+MORTALITIES. 10
108112
109- (I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL
110-CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING
111-PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER;
112-AND
113+ (7) (8) “TYPE 1 FEEDSTOCK” MEANS: 11
113114
114- (II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING ,
115-WITH DEPARTMENT APPROVAL B ASED ON FACTORS SUCH AS MOISTURE CONTENT
116-AND PATHOGEN RISK .
115+ (I) YARD WASTE, AS DEFINED IN § 9–1701 OF THIS SUBTITLE ; 12
116+AND 13
117117
118- (B) A person may operate a composting facility in the State only in accordance
119-with this part and any regulation, order, or permit adopted or issued under this part.
118+ (II) OTHER MATERIALS DETER MINED BY THE DEPARTMEN T TO 14
119+POSE A LOW LEVEL OF RISK FROM HAZARDOUS SUBSTANCES, HUMAN PATHOGENS , 15
120+AND PHYSICAL CONTAMI NANTS. 16
120121
121- [(b)] (C) (1) The Department shall adopt regulations to implement the
122-provisions of this part.
122+ (8) (9) “TYPE 2 FEEDSTOCK” MEANS: 17
123123
124- (2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this
125-subsection may:
124+ (I) SOURCE–SEPARATED ORGANICS F ROM RESIDENTIAL 18
125+CURBSIDE OR DROP –OFF PROGRAMS AND NON RESIDENTIAL SOURCES , INCLUDING 19
126+PRECONSUMER AND POST CONSUMER FOOD SCRAPS AND NONRECYCLABLE PA PER; 20
127+AND 21
126128
127- (i) Establish conditions under which a person may construct and
128-operate a composting facility in the State;
129+ (II) DEPARTMENT –APPROVED ANIMAL MANU RE AND BEDDING , 22
130+WITH DEPARTMENT APPROVAL B ASED ON FACTORS SUCH AS MOISTURE CONTENT 23
131+AND PATHOGEN RISK . 24
129132
130- (ii) Establish a tiered system of permits or approvals for composting
131-facilities based on the type of feedstock, size of the facility, and other factors determined by
132-the Department to be appropriate;
133+ (B) A person may operate a composting facility in the State only in accordance 25
134+with this part and any regulation, order, or permit adopted or issued under this part. 26
133135
134- (iii) Establish design and operational conditions for composting
135-facilities to protect public health and the environment and to minimize nuisances;
136+ [(b)] (C) (1) The Department shall adopt regulations to implement the 27
137+provisions of this part. 28
136138
137- (iv) Establish exceptions to any requirement to obtain a composting
138-facility permit or approval;
139+ (2) [Regulations] THE REGULATIONS adopted under paragraph (1) of this 29
140+subsection may: 30
141+ 4 SENATE BILL 262
139142
140- (v) Exempt certain organic materials that are composted from being
141-designated as solid wastes; and Ch. 520 2023 LAWS OF MARYLAND
142143
143-– 4 –
144+ (i) Establish conditions under which a person may construct and 1
145+operate a composting facility in the State; 2
144146
145- (VI) REQUIRE THAT A NEW COMPOSTING FACILITY BE
146-CONSTRUCTED AND OPER ATED IN ACCORDANCE W ITH:
147+ (ii) Establish a tiered system of permits or approvals for composting 3
148+facilities based on the type of feedstock, size of the facility, and other factors determined by 4
149+the Department to be appropriate; 5
147150
148- 1. ANY REGULATIONS ADOPT ED BY THE DEPARTMENT ;
151+ (iii) Establish design and operational conditions for composting 6
152+facilities to protect public health and the environment and to minimize nuisances; 7
149153
150- 2. A NUTRIENT MANAGEMENT PLAN, IF REQUIRED
151-UNDER COMAR 15.20.07; AND
154+ (iv) Establish exceptions to any requirement to obtain a composting 8
155+facility permit or approval; 9
152156
153- 3. A. A SOIL CONSERVATION AN D WATER QUALITY
154-PLAN IN ACCORD ANCE WITH COMAR 26.04.11.06 THAT DESCRIBES THE
155-COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND
156-UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL
157-PROCEDURES ; OR
157+ (v) Exempt certain organic materials that are composted from being 10
158+designated as solid wastes; and 11
158159
159- B. AN AGRICULTURAL WASTE MANAGEMENT SYSTEM
160-PLAN IN ACCO RDANCE WITH COMAR 26.04.11.06 THAT DESCRIBES THE
161-COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND
162-UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL
163-PROCEDURES ; AND
160+ (VI) REQUIRE THAT A NE W COMPOSTING FACILIT Y BE 12
161+CONSTRUCTED AND OPER ATED IN ACCORDANCE W ITH: 13
164162
165- (vi) (VII) Establish any other provisions the Department deems
166-necessary to implement the provisions of this subtitle related to composting.
163+ 1. ANY REGULATIONS ADOPT ED BY THE DEPARTMENT ; 14
167164
168- (3) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL
169-EXEMPT AN OPERATOR OF AN ON–FARM COMPOSTING FACI LITY FROM THE
170-REQUIREMENT TO OBTAI N A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM
171-COMPOSTING FACILITY :
165+ 2. A NUTRIENT MANAGEMENT PLAN, IF REQUIRED 15
166+UNDER COMAR 15.20.07; AND 16
172167
173- (I) USES 40,000 10,000 SQUARE FEET OF AREA OR LESS FOR
174-ACTIVE FOOD SCRAP COMPOSTIN G;
168+ 3. A. A SOIL CONSERVATION AN D WATER QUALITY 17
169+PLAN IN ACCORDANCE WITH COMAR 26.04.11.06 THAT DESCRIBES THE 18
170+COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND 19
171+UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL 20
172+PROCEDURES ; OR 21
175173
176- (II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G:
174+ B. AN AGRICULTURAL WASTE MANAGEMENT SYSTEM 22
175+PLAN IN ACCORDANCE WITH COMAR 26.04.11.06 THAT DESCRIBES THE 23
176+COMPOSTING FACILITY COMPONENTS AND DESIG N, SCHEDULE FOR STORAGE AND 24
177+UTILIZATION OF THE M ATERIALS, SYSTEM MAINTENANCE , AND OPERATIONAL 25
178+PROCEDURES ; AND 26
177179
178- 1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT
179-ANOTHER FARM CONTROL LED BY THE SAME OPERATOR OWNER OR LESSEE OF T HE
180-FARM;
180+ (vi) (VII) Establish any other provisions the Department deems 27
181+necessary to implement the provisions of this subtitle related to composting. 28
181182
182- 2. ANIMAL MANURE AND BED DING, GENERATED
183-ON–SITE;
183+ (3) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL 29
184+EXEMPT AN OPERATOR OF AN ON–FARM COMPOSTING FACI LITY FROM THE 30
185+REQUIREMENT TO OBTAI N A PERMIT UNDER COMAR 26.04.11.06 IF THE ON–FARM 31
186+COMPOSTING FACILITY : 32
187+ SENATE BILL 262 5
184188
185- 3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF
186-GENERATION ;
187- WES MOORE, Governor Ch. 520
188189
189-– 5 –
190- 4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS :
190+ (I) USES 40,000 10,000 SQUARE FEET OF AREA OR LESS FOR 1
191+ACTIVE FOOD SCRAP COMPOSTIN G; 2
191192
192- A. NOT CONTAMINATED OR L IQUID;
193+ (II) COMPOSTS ONLY ONE OR MORE OF THE FOLLOWIN G: 3
193194
194- B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1
195-FEEDSTOCK; AND
195+ 1. ORGANIC MATERIALS GEN ERATED ON–SITE OR AT 4
196+ANOTHER FARM CONTROLLED BY THE SA ME OPERATOR OWNER OR LESSEE OF T HE 5
197+FARM; 6
196198
197- C. INCORPORATED INTO ACT IVE COMPOSTING WITHI N
198-24 HOURS AFTER ARRIVING ON–SITE; OR
199+ 2. ANIMAL MANURE AND BED DING, GENERATED 7
200+ON–SITE; 8
199201
200- 5. ON–SITE TYPE 2 FEEDSTOCK;
202+ 3. TYPE 1 FEEDSTOCK, REGARDLESS OF THE PL ACE OF 9
203+GENERATION ; 10
201204
202- (III) 1. RECORDS THE:
205+ 4. OFF–SITE TYPE 2 FEEDSTOCK THAT IS : 11
203206
204- A. AMOUNT AND SOURCE OF FEEDSTOCK OFF–SITE TYPE
205-2 SOURCE–SEPARATED ORGANICS BEING COMPOSTED ; AND
207+ A. NOT CONTAMINATED OR LIQUID; 12
206208
207- B. DATE AND TIME THE FEEDSTOCK OFF–SITE TYPE 2
208-SOURCE–SEPARATED ORGANICS ARRIVES ON THE FARM ; AND
209+ B. IMMEDIATELY MIXED WIT H CARBONACEOUS TYPE 1 13
210+FEEDSTOCK; AND 14
209211
210- 2. RETAINS THE RECORDS F OR 3 5 YEARS; AND
212+ C. INCORPORATED INTO ACT IVE COMPOSTING WITHI N 15
213+24 HOURS AFTER ARRIVING ON–SITE; OR 16
211214
212- 3. PROVIDES THE RECORDS TO THE DEPARTMENT ON
213-REQUEST FOR THE PURP OSE OF INSPECTION ; AND
215+ 5. ON–SITE TYPE 2 FEEDSTOCK; 17
214216
215- (IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION
216-SPECIFIED IN REGULAT IONS.
217+ (III) 1. RECORDS THE: 18
217218
218- (4) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL
219-SUBMIT A REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
220-ARTICLE, TO THE GENERAL ASSEMBLY THAT ANALYZE S THE IMPACT OF ON –FARM
221-COMPOSTING FACILITIE S IN MARYLAND, INCLUDING:
219+ A. AMOUNT AND SOURCE OF FEEDSTOCK OFF–SITE TYPE 19
220+2 SOURCE–SEPARATED ORGANICS BEING COMPOSTED ; AND 20
222221
223- (I) THE AMOUNT OF FOOD WA STE DIVERTED FROM LA NDFILLS;
222+ B. DATE AND TIME THE FEEDSTOCK OFF–SITE TYPE 2 21
223+SOURCE–SEPARATED ORGANICS ARRIVES ON THE FARM ; AND 22
224224
225- (II) AN ESTIMATE OF THE AM OUNT OF FINISHED SOI L
226-AMENDMENT PRODUCED B Y ON–FARM COMPOSTING FACI LITIES OPERATING UND ER
227-THIS SECTION;
225+ 2. RETAINS THE RECORDS F OR 3 5 YEARS; AND 23
228226
229- (III) OPERATIONAL CHALLENGE S EXPERIENCED BY ON –FARM
230-COMPOSTING FAC ILITIES;
227+ 3. PROVIDES THE RECORDS TO THE DEPARTMENT ON 24
228+REQUEST FOR THE PURP OSE OF INSPECTION ; AND 25
231229
232- (IV) VIOLATIONS AND ENFORC EMENT ACTIONS THAT H AVE
233-ARISEN AS A RESULT O F THE EXPANSION OF F ACILITIES UNDER THIS SECTION; AND Ch. 520 2023 LAWS OF MARYLAND
230+ (IV) MEETS ANY OTHER CONDI TION FOR A PERMIT EX EMPTION 26
231+SPECIFIED IN REGULAT IONS. 27
234232
235-– 6 –
233+ (4) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL 28
234+SUBMIT A REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 29 6 SENATE BILL 262
236235
237- (V) RECOMMENDATIONS ON TH E FEASIBILITY OF EXP ANDING
238-FACILITIES TO ALLOW FOR UP TO 40,000 SQUARE FEET TO BE US ED FOR FOOD SCRAP
239-COMPOSTING ACTIVITIE S.
240236
241- SECTION 2. AND BE IT FURTHER ENACTED, That:
237+ARTICLE, TO THE GENERAL ASSEMBLY THAT ANALYZE S THE IMPACT OF ON –FARM 1
238+COMPOSTING FACILITIE S IN MARYLAND, INCLUDING: 2
242239
243- (a) This Act is not intended to alter the rules or requirements for farms or
244-composting facilities operating without a composting permit in accordance with regulations
245-in effect on January 1, 2023.
240+ (I) THE AMOUNT OF FOOD WASTE DIVERT ED FROM LANDFILLS ; 3
246241
247- (b) The Department of the Environment shall require the operator of a farm to
248-provide written notice to the Department before conducting on–farm composting without a
249-permit in accordance with this Act.
242+ (II) AN ESTIMATE OF THE AM OUNT OF FINISHED SOI L 4
243+AMENDMENT PRODUCED B Y ON–FARM COMPOSTING FACI LITIES OPERATING UND ER 5
244+THIS SECTION; 6
250245
251- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
252-October 1, 2023.
246+ (III) OPERATIONAL CHALLENGE S EXPERIENCED BY ON –FARM 7
247+COMPOSTING FACILITIE S; 8
253248
254-Approved by the Governor, May 8, 2023.
249+ (IV) VIOLATIONS AND ENFORC EMENT ACTIONS THAT H AVE 9
250+ARISEN AS A RESULT O F THE EXPANSION OF F ACILITIES UNDER THIS SECTION; AND 10
251+
252+ (V) RECOMMENDATIONS ON TH E FEASIBILITY OF EXP ANDING 11
253+FACILITIES TO ALLOW FOR UP TO 40,000 SQUARE FEET TO BE US ED FOR FOOD SCRA P 12
254+COMPOSTING ACTIVITIE S. 13
255+
256+ SECTION 2. AND BE IT FURTHER ENACTED, That: 14
257+
258+ (a) This Act is not intended to alter the rules or requirements for farms or 15
259+composting facilities operating without a composting permit in accordance with regulations 16
260+in effect on January 1, 2023. 17
261+
262+ (b) The Department of the Environment shall require the operator of a farm to 18
263+provide written notice to the Department before conducting on–farm composting without a 19
264+permit in accordance with this Act. 20
265+
266+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
267+October 1, 2023. 22
268+
269+
270+
271+
272+Approved:
273+________________________________________________________________________________
274+ Governor.
275+________________________________________________________________________________
276+ President of the Senate.
277+________________________________________________________________________________
278+ Speaker of the House of Delegates.