Section 25.03 - Agricultural Composting RegistrationFailure to satisfy any of the criteria in 330 CMR 25.03(1) through (13) shall be sufficient grounds for the Department to deny a Registration:
(1) The Agricultural Composting Operation is located on an Agricultural Unit;(2) The Applicant has submitted a completed application on a form provided by the Department;(3) The Agricultural Composting Operation does not prevent the Applicant or Owner's ability to maintain the Agricultural Unit as a commercial agricultural entity;(4) The application includes practices to ensure the Agricultural Composting Operation does not result in an unpermitted discharge of pollutants to air, water, or other natural resources of the Commonwealth;(5) The Agricultural Unit on which the Agricultural Composting Operation is proposed to be located in an application for Registration is capable of handling frequent heavy equipment, appropriately graded, and of adequate size to handle the projected volume of materials to be Composted;(6) The area on the Agricultural Unit where the Agricultural Composting Operation is proposed to be located in an application for Registration is not located on excessively drained soils (e.g., sand) or highly impermeable soils (e.g., clay);(7) The Application shall include a Compost Facility Plan including each of the following elements:(a) a description of the intended method of Composting;(b) Composting site location information;(c) a site plan map showing the layout of the Agricultural Composting Operation, including areas for unloading, mixing, windrows, and curing;(d) a description of each type of Feedstock to be Composted and a Compost recipe for converting the Feedstock into Compost;(e) the source(s) of the Compostable Material;(f) the frequency with which the Compostable Materials will be collected and received at the Agricultural Composting Operation;(g) Compost end-use information, including estimated volume and percentage of the total quantity of Compost produced over the course of a calendar year to be used on the Agricultural Unit; and(h) an Odor Management Plan.(8) The Agricultural Composting Operation shall be: (a) located on an area no larger than 10% of the Commercial Production Area of the Agricultural Unit;(b) less than ten acres; and(c) located on an Agricultural Unit where agricultural products are produced for sale in the normal course of business.(9) In addition to meeting the requirements in 330 CMR 25.03(8), the Agricultural Composting Operation shall comply with the following: (a) Agricultural Materials produced by the owner or lessee of the land where the facility is located must make up at least 25% of the Compostable Materials used in the Composting process; or(b) the Agricultural Unit must use at least 25% of the Compost it produces, or the maximum allowed, in accordance with 330 CMR 31.00: Plant Nutrient Application Requirements for Agricultural Land and Non-agricultural Turf and Lawns as part of its On-site activities.(10) The Applicant and Owner, if not the Applicant, agree to allow site visit(s) by the Department, at all reasonable times and without prior notice, to assess the initial application and throughout the term of the Registration to determine compliance with the Registration;(11) The Applicant successfully completes a Department-approved Compost training program. The Department shall maintain a list of approved Compost training programs. An application submitted prior to March 1, 2020 may be approved subject to the Applicant successfully completing such a training program within one year after such date;(12) The Agricultural Unit shall receive no more than 75 tons per week of Group 2 Materials; and(13) The granting of the Registration will be in the best interest of Massachusetts agriculture and there is no demonstrated history by the Applicant of non-compliance with environmental laws or regulations of the Commonwealth or poor Composting practices.Amended by Mass Register Issue 1411, eff. 2/21/2020.