California Water Board:Compost Statewide Order

Dan NobleAssociation of Compost Producers

www.healthsoil.org danwyldernoble@gmail.com

“We Build Healthy Soil”

Topics

• Water Board Compost Statewide Order• Comments on the Statewide Order

– What’s the Rationale?– Using Compost Benefits as BMP

• Next Steps

Water Board Compost Statewide Order - Timeline

• Process Began Sept. 2011 with Draft Order – “Discussion Paper”

• Series of Monthly Workshops – Oct. 2011 through January 2012

• Draft #2 – Actual Wording May 15, 2012• Last Workshop – May 22 & 23, 2012• Next Workshops – Aug 27 & 28, 2012• Comments Due – Sept. 12, 2012

Water Board Compost Order - Elements

• Only Applies to Groundwater; Stormwater Permits are still managed via NPDES Permits

• A. Findings– 3.a.Feedstocks:

• i. Agricultural materials;• ii. Anaerobic digestate;• iii. Biosolids;• iv. Food materials;• v. Green materials;• vi. Manure;• vii. Paper materials; and/or• viii. Vegetative food materials

Water Board Compost Order – Elements (cont’)

– 3.b. Exempt Composting Activities:• i. Agricultural Composting;• ii. Chipping and Grinding Facilities and

Operations;• iii. Composting conducted at a Publicly

Owned Treatment Works (POTWs), contingent on composting activities are covered by an existing WDR or NPDES permit;

• iv. Lot Clearing for Fire Protection;• v. Non-Commercial Composting; and• vi. Within-Vessel and Fully-Enclosed

Composting.

Water Board Compost Order – Elements (cont’)

• E. DESIGN SPECIFICATION1. Tier 1: ≤12,500 cubic yards at a time.

• Assure any potential discharge will be contained• Assure no leachate to groundwater

2. Tier 2: >12,500 cubic yards (prescriptive)• Working surfaces, conveyance and detention

ponds 1x10-6 cm/s or less• Detention Ponds hold 25-year, 24-hour storm

event

Water Board Compost Order – Elements (cont’)

• E. DESIGN SPECIFICATION3. Tier 3: >12,500 cubic yards (custom)–Certify no formation of leachate during normal operations–Proper containment during heavy rain (25-year, 24-hour storm event)

Water Board Compost Order – Elements (cont’)

• F. MONITORING SPECIFICATION (MRP)1. Tier 1: Reporting, subject to “standard

monitoring provisions”2. Tier 2: As with Tier 1, but adding detention

pond monitoring, semi-annually.3. Tier 3: As with Tier 1, plus:

a. Leachate Monitoring, ongoing, & mitigate it, and Either:b. Groundwater monitoring or vadose zone

monitoring, semi-annually.

Comments on the Statewide Order

• Association of Compost Producers (ACP) – Participated in all workshops– Interacted with Roger Mitchell (lead staff)

periodically throughout– Submitted verbal and written comments:

• Attached Letter sent to Mr. Mitchell, 7/23/12• Sent directly to Water Board, 7/30/12

Comments on the Statewide Order - Elements

• Process Specific Concerns:– The Case for this Statewide Order Has Not Been Made– Small Compost Facilities Will Be Hurt the Most– Extended Public Process Still Needed

• Order Specific Concerns:– Existing WDRs should be exempt from this new order– Chip & Grind portion of Compost Management Unit, should be

exempt from this order– Landfill WDRs exempt for composters on landfills (as above)– Liquid food waste: include in food waste definition– Create consistent compost definition with CalRecycle

Next Steps• Attend Aug. 2012 Workshops:

– SACRAMENTO• Monday, August 27, 2012, 10:00 a.m. – 2:00 p.m.• State Water Resources Control Board, Sierra Hearing Room (2nd Floor)• 1001 I Street, Sacramento, CA 95814

– RIVERSIDE• Tuesday, August 28, 2012, 10:00 a.m. – 2:00 p.m.• Santa Ana Regional Water Board, Highgrove Room (2nd Floor), Suite 200• 3737 Main Street, Riverside, CA 92501-3348

• Submit verbal and written comments• Seek Injunctive or Legislative Relief?

Questions?Comments?Discussion…Dan Noble, Executive Director

Cell:  (619) 992-8389danwyldernoble@gmail.com

www.healthysoil.org

“We Build Healthy Soil”