The Waste and Hazardous Materials Division (WHMD), within the Michigan
Department of Environmental Quality (MDEQ),
has the responsibility for receiving registration forms from owners of
operators of composting facilities that accept yard clippings and that meet
certain requirements under the authority of Part 115 of the Natural Resources
and Environmental Protection Act, 1994 PA 451, as amended. Yard clippings
includes leaves, grass clippings, vegetable or other garden debris, shrubbery,
or brush and tree trimmings less than 4 feet in length and 2 inches in
diameter. It does not include stumps, agricultural waste, animal waste, roots,
sewage sludge, or garbage.
The purpose of the registration is for owners or operators to qualify their
composting facilities by meeting certain requirements of Part 115. This is to
ensure that yard clippings are only taken to facilities that operate in a
manner that protects the public health, environment, and public trust. Facilities
accepting other solid wastes for composting may need to obtain a permit and
license as a solid waste processing plant under Part 115 depending on the waste
(Chapter 4.4.2 Solid Waste Disposal Area Operating License). Businesses are
encouraged to discuss operations with the MDEQ Waste and Hazardous Materials
Division District Office.
A. NAME OF PERMIT OR APPROVAL:
Registered Composting Facility Form (Form EQP 5228)
B. STATUTORY AUTHORITY:
Part 115,
Solid Waste Management, Natural Resources and Environmental Protection
Act, Public Act 451 of 1994, as amended
C. APPLICABLE REGULATION:
Administrative rules are under development
D. MICHIGAN
BUSINESS ONE STOP:
The Michigan Business One Stop (One Stop) www.michigan.gov/business
is a tool designed to allow businesses to interact with the State of Michigan. The tool
offers:
- a set of screening questions based upon your business
sector to identify permits, licenses and registrations that may be
required to do business in Michigan.
- an option to pay fees online. For many
programs, you can pay your business license fee in One
Stop through use of an online form and shopping cart.
- many online permit applications and renewals. When
starting a new business and registering in One Stop, you will need to
identify a business sector (also known as a NAICS Code). You can find
your code at www.naics.com,
select "Code Search." After entering this
code in One Stop and answering some screening questions,
links to relevant permit applications will automatically be available in
your newly created workspace. One benefit of accessing applications
through One Stop is that you will receive status messages
throughout the application process.
Using the One Stop provides many benefits to businesses in Michigan. By conducting your business
through One Stop you can organize your State of Michigan transactions in one place. If you
ever need assistance with One Stop, then you can contact the Customer Assistance Center
at 877-766-1779; they are open from 7 am to 6 pm. One Stop is a
valuable tool that offers many benefits to business. We hope you give it a try.
E. SUMMARY OF PERMIT/APPROVAL PROCESS:
1.
Applicability (activities that require the permit)
Composting facilities that have more than 200 cubic yards of yard clippings
and unfinished compost that do not meet one of the following management options
must register with the MDEQ. Sites not required to register include:
- Composted on the property where the
yard clippings are generated
- Temporarily accumulated under specific
conditions as listed in Sec 11521(2)
- Composted at a composting facility
containing not more than 200 cubic yards of yard clippings if decomposition
occurs without nuisance
- Composted on a farm registered with
the Michigan Department of Agriculture and Rural Development (MDARD) under certain circumstances
as listed in Sec 11521(3)
- Decomposed in a controlled manner
using a closed container to create and maintain anaerobic conditions (i.e.
anaerobic digester)
- Composted and used as part of normal
operations by a municipal solid waste landfill under certain conditions
- Processed at a processing plant
permitted and licensed under Part 115
- Disposed of in a landfill or an
incinerator, but only if the yard clippings are diseased, infested, or are
composed of invasive plants that were collected through an eradication or
control program, include no more than a de minimis
amount of other yard clippings, and are inappropriate to compost
2.
Pre-Application Requirements
- Facilities accepting more
than 200 cubic yards of yard clippings that do not meet one of the other
management options listed in 11521(1) must register and must meet location
restrictions and operating requirements identified in Sec 11521(4).
- Annual activity reports on
forms provided by the MDEQ must be submitted by October 30th of each year
summarizing composting activities from October 1 through September 30 of
the previous year.
3.
Application Submission Requirements
Submit the required information on the registration form provided by the MDEQ and fee payment for the term of the registration. The owner or operator of an
existing composting facility (i.e., a composting facility with operations prior
to March 26, 2008) needed to submit a registration form and fee to the MDEQ postmarked by no later than March 26, 2008. A composting facility beginning
operations on and after March 28, 2008, needs to submit a registration form and
fee prior to beginning operations. Facilities must renew registrations every 3
years from the date of their initial application.
4.
Procedures and Time-Frame for Obtaining Permit or Approval
This is a self-implementing program; no permits or approvals are issued. A
site qualifies as a registered composting site if it submits properly completed
registration form and fee payment, annual reports, and operates in accordance
with the location restrictions and operating conditions identified in Sec
11521(4).
5.
Operational Requirements
Registered sites must meet requirements identified in Sec 11521(4). Location
restrictions are dependent when the facility began operations. See guidance
available on the MDEQ website at http://www.michigan.gov/deqwaste
"Solid Waste" "Composting".
6.
Fees
$600 for the three-year term of the registration
7.
Appeal Process
No formal appeal process is provided for in MCL 324.11521
8.
Public Input Opportunities
Complaints or comments related to a composting facility may be filed with
the MDEQ at any time. The complaints will be investigated and if they are
validated through a finding of a violation then the MDEQ will pursue
corrective actions with the operator. The MDEQ maintains a list of registered
composting sites on their program web page.
F. ADMINISTERING AGENCY:
Michigan Department of Environmental Quality, Waste and Hazardous Materials
Division, P.O. Box 30421, Lansing, Michigan 48909-7741
- Program Phone: 517-241-2924
- Environmental Assistance
Center: 1-800-662-9278,
e-mail: deq-ead-env-assist@michigan.gov
Creation/Revision Date:
October 2010
