R 299.4120 Yard clippings separated for use as compost.

(_{Effective October 7, 1993; revised April 12, 1999)}

Rule120. 

            (1) Yard clippings shall be considered to be site or source-separated for the purpose of conversion into compost if all of the following provisions apply to the yard clippings:

                        (a)  The yard clippings are separated from other solid waste, and maintained separately until used as compost.

                        (b)  The yard clippings are composted at the site of generation or transported to an off-site composting facility where conversion to compost occurs, except as specified in subrule (2) of this rule.

                        (c)  The yard clippings are not stored in a manner constituting, speculative accumulation, as specified in subrules (3) and (4) of this rule.

                        (d)  The yard clippings are managed as a product or resource in a manner that does not create a nuisance.

            (2)  Yard clippings may be composted at a location other than a composting facility in the following circumstances:

                        (a)  The disposal occurs at the site of generation.

                        (b)  The disposal occurs as a part of normal farming operations.  For purposes of this rule, the use of yard clippings by persons on their own property for their own use on that property as part of agricultural, horticultural, or silvicultural operations is considered to be normal farming operations.

                        (c)  The disposal occurs at a location that contains limited volumes of yard clippings and where conversion to compost may occur under natural decay without creating a nuisance.

            (3)  Yard clippings accumulated at a transfer facility or staging area that is not designed for composting shall not be stored in a manner that constitutes speculative accumulation.  The owner or operator of the transfer facility or staging area is responsible for maintaining the records necessary to demonstrate that speculative accumulation is not occurring.

            (4)  Yard clippings at a composting facility are subject to the definition of speculative accumulation starting in the third year after the yard clippings are received.  The owner or operator of the composting facility is responsible for maintaining the records necessary to demonstrate that speculative accumulation of compost is not occurring.

            (5)  Deleterious material removed from yard clippings or from compost produced from yard clippings may be landfilled as solid waste and is not subject to the landfill prohibition in section 11521 of the act.