330 CMR, § 25.02

Current through Register 1536, December 6, 2024
Section 25.02 - Definitions

Agricultural Composting. The Composting of Agricultural Materials and other Compostable Materials on an Agricultural Unit resulting in stabilized Compost suitable for agricultural and horticultural uses.

Agricultural Composting Guidelines. The guidelines established by the Department for use by persons engaged in Agricultural Composting and for those holding a Registration.

Agricultural Composting Operation. The Agricultural Composting activity proposed in an application for a Registration and which encompasses all elements of the Composting, including all associated infrastructure and any areas for drop off, mixing, windrows, curing, finished compost storage, and equipment.

Agricultural Materials. Organic materials produced from the raising and processing of plants and animals as part of agronomic, horticultural, aquacultural, or silvicultural operations, including, but not limited to, animal manures, animal products and by-products (including carcasses), bedding materials, and plant materials.

Agricultural Unit. A parcel of land for which the Department determines that:

(a) the use is predominantly agriculture as defined in M.G.L. c. 128, § 1A; and

(b) an agricultural product is sold as a normal course of business.

Applicant. The person named in the application as the owner of the Agricultural Unit where the Agricultural Composting Operation is proposed to be located, or as the Operator of the proposed Agricultural Composting Operation where the Owner has entered into an agreement with an Operator at the time the application is filed.

Biodegradable. Capable of being broken down especially into innocuous products by the actions of microorganisms.

Bulking Agent. A Compostable Material added to Agricultural Materials to increase porosity and facilitate aeration during Composting.

Commercial Production Area. That portion of an Agricultural Unit which is presently and actively used to produce field crops or nursery stock, forested land with a forest management plan, cranberry bogs, or used for the grazing of livestock to be sold as part of a for-profit enterprise.

Compost. The product resulting from the Composting process and a subsequent stabilization process.

Compostable Material(s). Organic Material(s), including Agricultural Material(s), which has the potential to be Composted.

Composting or Composted. The process of accelerated biodegradation of Organic Materials using microorganisms under controlled conditions in the presence of oxygen using turned windrows or piles, aerated static piles, or in-vessel systems. For the purposes of 330 CMR 25.00, Composting is not aerobic digestion or conversion as defined in 310 CMR 16.02: Definitions.

Department. The Department of Agricultural Resources.

Feedstock. Compostable Material from which Physical Contaminants have been removed and is subsequently used for Composting.

Group 2 Materials. Those materials defined in 310 CMR 16.04: Table 1: Examples of Organic Materials, or other Organic Materials with a carbon to nitrogen ratio of 30:1 or less.

Table 1: Examples of Organic Materials

Group 1 Organic Materials

Group 2 Organic Materials

Example Materials

Carbon: Nitrogen Ratio

Example Materials

Carbon: Nitrogen Ratio

Clean Wood

100-1300:1

Vegetables

11-19:1

Cardboard

560:1

Food Material

14-16:1

Paper and paper products

125-850:1

Grass Clippings

17:1

Leaves

40-80:1

Green Plant Material

15-19:1

Straw

60-80:1

Fish Waste

2-5:1

Corn Stalks

60-75:1

Manure

6-14:1

Shrub Trimmings

50:1

Odor Management Plan. A plan that is appropriate for the size and type of the Agricultural Composting Operation that will minimize the production and migration of odorous compounds. The plan should, at a minimum, address the following:

(a) evaluation procedures, including odor strength, duration, and frequency;

(b) diagnosis of odor source; and

(c) outline remedial actions that may be utilized to address production and migration of any odors, including specific actions such as operational changes that will be taken to address complaints if odors occur beyond the property line of the Agricultural Unit.

On-site. Within the property boundaries of an Agricultural Unit where the Agricultural Composting Operation proposed in an application for Registration is located.

Operator. Any person who has care, custody, or control of a facility, operation, or activity subject to 330 CMR 25.00, including, without limitation, an agent or lessee of the Owner or an independent contractor.

Organic Material. Any of the following Source-separated materials: vegetative material; food material; agricultural material; Biodegradable products; biodegradable paper; clean wood; or yard waste. Organic Material does not include Sanitary Wastewater Treatment Facility Residuals.

Owner. Any person who alone or in conjunction with others has legal ownership, a leasehold interest, or effective control over the real property upon which an Agricultural Composting Operation is located, or the airspace above said real property. Owner does not mean persons holding bare legal title for the purpose of providing security for financing.

Person(s). Any individual, partnership, association, firm, company, corporation, department, agency, group, public body (including a city, town, district, county, authority, state, federal, or other governmental unit), trust or any other entity responsible in any way for any activity, facility, or operation subject to 330 CMR 25.00.

Physical Contaminants. Any non-Biodegradable Product including, but not limited to, plastic, metal, glass, stones, or masonry debris.

Registration. The agricultural composting registration issued by the Department.

Sanitary Wastewater Treatment Residuals. The byproducts such as biosolids, which result from the sanitary wastewater treatment process. Residual means all waste remaining after treatment or processing. Residual remaining after treatment or processing is not pre-sorted material. Air and water discharges managed in accordance with applicable regulations are not residuals.

Source-separated. Separated from solid waste at the point of generation and kept separate from solid waste, as defined in 310 CMR 16.02: Definitions.

330 CMR, § 25.02

Amended by Mass Register Issue 1411, eff. 2/21/2020.