Nebraska Department of
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Quality

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06-203
10/2007
Permitting and Operating Compost Sites (In Accordance with Title 132 Regulations)
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A “solid waste compost site” is defined in Title 132 –
Integrated Solid Waste Management Regulations as a tract of land, location, area or premises used for composting solid waste. Depending on the amount and type of materials composted, responsible persons may be exempt from permitting requirements, may be required to follow certain operational criteria, or may need a permit. If a permit is required, the applicant must submit to the department documentation addressing the satisfactory completion of the local siting process along with the compost permit application.
(Please refer to the guidance document entitled “Local Siting Approval for Solid Waste Management Facilities.”)

A permit is required for: Partial exception facilities: Partial exception compost facilities must be operated according to requirements found in Chapter 2, Section 003.02 of Title 132. A permit is not required for these facilities, but the following criteria must be met:
Permit exception facilities:

The following facilities do not require a permit and are not required to operate under specific operational criteria as long as these facilities are operated in a manner that is protective of human health and the environment.
PERMIT REQUIREMENTS

The following criteria must be considered and addressed when permitting a solid waste compost facility.

Locational Criteria (Title 132, Chapter 6, Section 002)
Locational criteria that must be considered include: Construction/Design Criteria (Title 132, Chapter 6, Section 003)
The construction and design of the facility must:
Operational Criteria (Title 132, Chapter 6, Section 004) Closure Criteria (Title 132, Chapter 6, Section 005)
Operations must provide: Financial Assurance Criteria (Title 132, Chapter 8)

Financial assurance is required and is applicable to the owners or operators of all permitted solid waste compost sites except owners or operators who are: A detailed written estimate of the cost of hiring a third party to close the facility and properly dispose of all materials or wastes left at the site must be provided. This estimate must include the cost of disposing of the maximum amount of accumulated waste or materials that would ever be stored at the facility at any one time. The financial assurance mechanism must be obtained prior to the initial receipt of waste.

Recordkeeping Requirements (Title 132, Chapter 2, Section 007)
An owner or operator of a permitted solid waste compost facility must maintain an operating record near the facility, which includes:
Permit Application Fees (Title 132, Chapter 9)

Permits to operate solid waste compost sites are issued for five-year terms. Non-refundable fees in the following amounts must be paid in full at the time of application for a permit to operate a facility, for renewal of a permit, or for a major modification to any permitted facility.

Initial
Major
Modification
Renewal
Initial Application
Existing Facility
Solid Waste Compost Site
$3,100
$1,500
$350
$310

If more than one type of permitted facility is located on the same premises, refer to Title 132, Chapter 9, Section 003 for fee information.

Annual Operating Fees (Title 132, Chapter 10)]

Annual operating fees for permitted solid waste compost facilities must be submitted to the Department by October 1 of each year following the first full year of operation.
The annual operating fee for a solid waste compost facility is $2,100.
If more than one type of solid waste facility is located on the same premises, refer to Title 132, Chapter 10, Section 005 for fee information.


Permit Exception
Partial Exception
Permit Required
1. Livestock Waste Compost Sites
    1. Uses only livestock waste generated by property owner and is in compliance with Title130- Livestock Waste Control Regulations
    2. Solid Waste Compost Sites
      1. Under 20,000 cy/y* of yard waste only
      2. Under 20,000 cy/y of yard waste in combination with under 1,000 cy/y of other material



    *cy/y = cubic yards per year
    1. Livestock Waste Compost Sites
      1. Receives between 1000 cy/y* and 20,000 cy/y of livestock waste other than generated by the property owner

    2. Solid Waste Compost Sites
      1. Between 20,000 cy/y and 100,000 cy/y of yard waste only
      2. Between 20,000 cy/y and 100,000 cy/y yard waste in combination with under 1,000 cy/y of other material
      3. Under 1,000 cy/y of material other than yard waste
    1. Livestock Waste Compost Sites
      1. Receives over 20,000 cy/y* of livestock waste other than generated by the property owner

    2. Solid Waste CompostSites
        1. Over 100,000 cy/y yard waste only
        2. Over 1,000 cy/y of material other than yard waste


    Produced by: Nebraska Department of Environmental Quality, P.O. Box 98922, Lincoln, NE 68509-8922; phone (402) 471-2186. To view this, and other information related to our agency, visit our web site at
    www.deq.state.ne.

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    Nebraska Department of Environmental Quality
    1200 "N" Street, Suite 400
    P.O. Box 98922
    Lincoln, Nebraska 68509
    (402) 471-2186