Yard clippings may be taken to processing plants, subject to any limitations or conditions in the facility’s Part 115 operating license.

Only yard clippings that are diseased or infested or are from invasive plants that were collected through an eradication or control program that are inappropriate to compost can be landfilled or incinerated per Section 324.11521(1)(i) of Part 115. Examples of invasive plants include, but are not limited to, garlic mustard, purple loosestrife, and spotted knapweed. De minimus (or small) amounts of yard clippings may also be landfilled or incinerated with other solid wastes. That means a small amount of material that was put in with other solid waste for disposal. De minimus is defined in Section 324.11503(1) of Part 115.

Eradication or control programs are formal efforts by an organization or agency to eliminate or limit the spread of unwanted land or water plant species. Several organizations and agencies such as The Stewardship Network (the Network), have programs in Michigan that target the control of invasive species, a member of the Network who signs a memorandum of understanding (MOU) with the Network to remove invasive species that are being specifically addressed by the Network may dispose of these yard clippings in a landfill or incinerator, as the yard clippings are part of an eradication or control program. Landfills or incinerators should keep records of disposal of these invasive species. If you have questions about participating in an eradication or control program, contact Aaron Hiday, EGLE, at HidayA@Michigan.gov or 517-282-7546. 

Contact the various organizations and agencies listed in the previous question regarding the resources they have to offer. Also, see the Aquatic Invasive Species Handbook for Government Officials.

No. PA 212 removed yard clippings from the definition of a site or source separated material and as such, the conditions listed in Rule 120 are no longer applicable. PA 212 now provides the requirements for the management of yard clippings.

EGLE does not offer training or certification to composting facilities operators. Contact the Michigan Recycling Coalition Composting Committee or other organizations that promote composting and finished products, as they may have training and certification programs. You can find information on the Michigan Recycling Coalition or contact the Michigan Recycling Coalition at 517-371-7073. For more information about training programs, go to the US Composting Council.

Other groups also have composting information posted on the Internet, such as the North Carolina Department of Environment Quality that provides information about other composting topics like building food waste diversion programs, vermicomposting (worm composting), etc.

For composting operations on a farm, see the MDARD Web page for Generally Accepted Agricultural and Management Practices (GAAMPS) or contact the Michigan Right to Farm department at 517-284-5619.

For help starting or expanding a business, see the information at the Michigan Economic Development Corporation, or call 888-522-0103.

There are several ways to market the composting facility’s services through state web sites:

• To advertise composting, yard clippings, and wood collection services, list the company in the EGLE Recycled Materials Market Directory.
• To offer services to state-owned facilities, register with the Michigan Department of Technology, Management, and Budget (MDTMB) as a state vendor. Go to the State of Michigan SIGMA Vendor Self Service (VSS) to register. For assistance, call their Vendor Registration Help Desk at 888-734-9749.

At this time, EGLE does not have any grants or loans available to start or operate a composting facility. 

The agency that responds to an initial complaint will depend on which agency is overseeing the composting operation. If a farm is composting, or should be registered with the MDARD, then the MDARD would do the initial follow-up, and when necessary, coordinate with EGLE. If the composting operation is overseen by EGLE, or you are unsure whom you should talk to, contact the MMD district office to file a complaint. Be as specific as you can about your concerns and what you know about the operations, including where the composting is occurring. When necessary, the MMD staff will coordinate with the other EGLE divisions and MDARD, depending on the circumstances.

See the flowchart at the EGLE Compost web page to help identify when a facility needs to register. Composting facilities are required to register with EGLE’s MMD once they have more than 200 cubic yards of material, if they are not operating under the MDARD management method. Facilities must meet the requirements in Section 11521(4) of Part 115.

New facilities need to register before beginning operations. There are no exemptions for state-owned or other governmental facilities, and they also need to register when they meet the conditions identified in the flowchart. 

A "registered agent" is an entity authorized by a company in their filings with the Department of Labor and Economic Growth to act on their behalf in a named state (i.e., Michigan). It is a legal term. It allows that entity to accept legal service, sign documents, make legal commitments, etc., on behalf of the company. If that is who signed the registration form for the company, submit a copy of the authorization with the registration.

Any compostable material and finished compost that is on-site is to be included when calculating the volume. Finished compost that has been screened and blended with sand or topsoil does not count in the 200 cubic yard limit. There are different resources available for converting volumes of yard clippings to cubic yards. The general average conversion for yard clippings is: three cubic yards of yard clippings equals one ton of yard clippings. Specific conversion factors can be found below. Usually there is 1/2 to 1/3 reduction in yard clippings to compost; therefore, one formula that can be used is:

(Amount of yard clippings) multiplied by (0.41) = approximate amount of finished compost.

The actual amount of finished compost may be different because yard clippings consist of different materials in different amounts and may include grass clippings, leaves, twigs, and small branches.

The following conversions are based on an excerpt from the USEPA document, Business Guide for Reducing Solid Waste; EPA/530-K-92-004; November 1993; found in the USEPA Volume-to-Weight Conversion Table.

A table of bulk density of additional compostable materials that lists pounds per cubic yard is available in the On-Farm Composting Handbook by Cornell University.

Yes, there are differences regarding where an EGLE registered composting facility can be located depending on when it began operating. However, all EGLE registered facilities have to meet the same operating requirements. See the following questions for more information.

EGLE registered facilities that began operating on or before December 1, 2007, have three isolation distances that must be met. Section 11521(4)(b)(i) of Part 115 requires the facilities to be located:

• 50 feet from a property line.
• 200 feet from a residence.
• 100 feet from a body of surface water, including a lake, stream or wetland.

EGLE registered facilities that began operating after December 1, 2007, have 7 isolation distances that must be met. Section 11521(4)(b)(ii) of Part 115 includes the following restrictions:

• 50 feet or more from a property line.
• 200 feet or more from a residence.
• 100 feet or more from a body of surface water, including a lake, stream or wetland.
• 2,000 feet or more from a Type I or Type IIA water supply well.
• 800 feet or more from a Type IIB or Type III water supply well.
• 500 feet or more from a church or other house of worship, hospital, nursing home, licensed day care center, or school other than a home school.
• 4 feet or more above groundwater.
• not in the 100-year floodplain.

See the Yard Clippings Composting Isolation Distance summary on the EGLE Composting web page.

The more stringent requirements in Section 11521(4)(b)(ii) of Part 115 apply to the expansion area. For example, if the compost pile was in existence on December 1, 2007, and was located within 200 feet of a residence, and it was not placed within the 200-foot threshold after that date, the pile could remain. EGLE registered facilities that were in operation on December 1, 2007, may continue to use the locations where those piles existed, as long as there are no negative impacts from those pile locations. However, EGLE would encourage new piles meet the stricter isolation distances, if possible. Any new locations for piles would need to meet the isolation distances.

See the isolation distances information on the EGLE Composting web page for what is required under the composting regulations. In addition, some communities have a designated source water and wellhead protection programs and have the protected area delineated. If you do not know if your facility is in the designated area, EGLE’s Water Resources Division can help you. Include the location of the wells and protected area on your map. If you do not know your local contact, contact EGLE Water Resources Division at 989-705-3420 for Wellhead Protection Program information.

The operating requirements in in Section 324.11521(4)(c) of Part 115 are:

• Create finished compost that does not contain more than one percent, by weight, of foreign matter if it has been put through a 4-millimeter screen. This section does not require the compost to be screened, but the finished compost would need to meet the quality standards, as if it has been screened. Foreign matter would include non-biodegradable material such as metal, plastic, and glass.
• Do not attract or harbor rodents or other vectors. See the MDARD information on rodent and vector identification and control methods.
• If yard clippings were collected in type of bag other than a paper bag, remove yard clippings from bags by the end of each business day. The yard clippings have to be removed from the bags if they are not paper because the bags are not permeable to air and create odors. However, biodegradable bags can be put in the compost piles after the yard clippings have been removed from the bag.
• Prevent the pooling of water by maintaining proper slopes and grades of the compost piles and site. Standing water can cause the underlying soils to become anaerobic, which may lead to the leaching of contaminants and nutrients to the groundwater.
• Properly manage storm water runoff. Composting facilities are not subject to the industrial storm water program overseen by EGLE’s Water Resources Division, but the precipitation that comes into contact with the compost piles and any leachate from the compost would be considered process wastewater, and the disposal of that is regulated by the Water Resources Division. It may contain pollutants in concentrations that violate water quality standards and require treatment. The facility has four management options:
  • Collect and reuse all of the runoff on-site to maintain proper moisture levels of the compost piles. This is the preferred method and the most cost effective.
  • If the facility is connected to a municipal wastewater treatment plant, get approval from the sewer authority before discharging it into the sewer system.
  • Obtain either a surface water or groundwater discharge permit from the Water Resources Division. See Chapter 3 of the manufacturers’ guide for more information.
  • Characterize the waste to determine if it is hazardous waste or nonhazardous liquid waste, and manage it accordingly. See Chapter 2 of manufacturers’ guide for more information.

Contact your district office if you need assistance or call the Environmental Assistance Center at 800-662-9278 for referral.

• Do not have more than 5,000 cubic yards of yard clippings and other compostable material, compost, and residuals present on any acre of the property, unless prior approval has been obtained from EGLE.
• Do not accumulate yard clippings over three years, unless the owner or operator has received prior approval by EGLE. Unless EGLE approved a longer time period, they will need to be able to demonstrate yearly that they meet the following:
  • Have the capacity to compost the yard clippings.
  • The amount of the yard clippings and compost transferred off-site in a calendar year is 75 percent or more by weight or volume of the amount of yard clippings and compost that was on-site the beginning of the calendar year.

The three years accumulation period begins when the yard clippings or compostable material was first brought on-site.

• Do not create a “facility” as defined in Section 20101 of Part 201, Environmental Remediation, of the NREPA. A “facility” means any area, place, or property where a hazardous substance in excess of the concentrations which satisfy the requirements of Section 20120a(1)(a) or (17) or the cleanup criteria for unrestricted residential use under Part 213, Leaking Underground Storage Tanks, of the NREPA has been released, deposited, disposed of, or otherwise comes to be located. Facility does not include any area, place, or property at which response activities have been completed which satisfy the cleanup criteria for the residential category provided for in Section 20120a(1)(a) and (17) or at which corrective action has been completed under Part 213 which satisfies the cleanup criteria for unrestricted residential use. Contact the Remediation and Redevelopment Division in your county’s District Office if you have questions about contamination or cleanup requirements.
• Meet all of the NREPA requirements that apply to the site.
  • Because there are different composting facility requirements and materials that may be processed besides yard clippings, the facility will need to determine what regulations apply to them. A good starting point is to review the EGLE permit information and related permit information. Another good resource is the Michigan Manufacturers Guide to Environmental, Safety, and Health Regulations, which includes explanations about regulations that may not require a permit or license. Facilities should also contact their local authorities to obtain any necessary local permits and comply with local ordinances and zoning regulations. 

According to Section 11521(4)(c)(ii) of Part 115, an EGLE registered composting facility is limited to having 5,000 or less cubic yards of material on any acre. As a visual aid, it is estimated 5,000 cubic yards would completely cover one acre three feet deep.

The applicant would need to demonstrate to EGLE that the operator of the facility has sufficient knowledge, training, appropriate site design, and equipment to be able to handle a larger volume. If you want to exceed this limit, discuss the proposed operation with Aaron Hiday, Program Coordinator, Solid Waste Section, MMD, at 517-282-7546.

The state waste regulations do not limit the size or shape of compost piles, but the best management practices and equipment capability will have an impact on the compost pile size and shape at an operation. There may be local ordinance restrictions.

EGLE registered composting facilities must submit annual reports to the MMD by October 30 of each year. The required report form, EQP 5229, will be posted on the EGLE composting Web site or contact Aaron Hiday, Program Coordinator, Solid Waste Section, MMD, at 517-282-7546. The EGLE registered composting facility will need to report on how much yard clippings and other compostable material was composted during the previous year.

An EGLE registered composting facility must have the following records and make them available to EGLE upon request, per Section 324.11521(4)(d) of Part 115.

• Documentation that shows the amount of materials received and transferred off-site:
  • volume of yard clippings accepted by the facility each month.
  • volume of other compostable material accepted by the facility each month.
  • volume of yard clippings transferred off-site each month.
  • volume of other compostable material transferred off-site each month.
• Documentation that confirms the composting operation prevents nuisances and minimizes anaerobic conditions. Anaerobic conditions lead to problems with odors. The most common factors that result in anaerobic odors are excess moisture, inadequate porosity, rapidly degrading substrate, and excessive pile size. See information in the Compost Operator’s Guidebook.

The following records must be available, or the facility must obtain prior approval from EGLE to maintain different records:

• Carbon-to-nitrogen (C:N) ratios.
• Amount of leaves and grass in tons or cubic yards.
• Temperature readings.
• Moisture content readings.
• Laboratory analysis of finished products.

Sample record templates will be available on the EGLE composting web page. 

There are several ways you can calculate the carbon to nitrogen ratios. See information in the compost operator training materials. Some online compost mix calculators, like the one on Klickitat County’s website, are also available.

Another good reference for C:N ratio, moisture content, and bulk density of various materials is from Cornell University.  

In addition to the required records, facilities are encouraged to create a Compost Facility Site Management Plan. The following are suggested components of a Compost Facility Site Management Plan. They are adapted from a United States Composting Council, 1994 draft document titled, “Organic Waste Composting Model State Regulation.”

• Topographic map (United States Geological Survey 7.5-minute series) of the area. Topographic maps can be obtained from the US Geological Survey or 888-ASK-USGS (275-8747).
• Site plan showing dimensions and details of the proposed receiving, processing, production, curing, and storage areas, and locations of all roads, buildings, fences and gates, other permanent structures, number of acres used for composting, storage, and stockpiling, and isolation distances required by the statute.
• Description and drawings of the facility’s storm water management system showing compliance with all federal, state, and local storm water regulations and codes.
• Description of methods employed to prevent environmental impacts to surface and groundwater.
• Detailed methods for achieving odor control.
• Detailed methods for achieving noise control.
• Detailed methods for achieving vector, dust, and litter control.
• Description of fire prevention and control methods.
• Flow diagram of the processing steps, including the period of time in each step and estimates of maximum handling capacity.
• Capacity for proper handling, storage, and removal of non-permitted wastes delivered to or generated by the facility.
• Detailed description of weather monitoring equipment or methods.
• Written provision for operations during wind, heavy rain, snow, freezing, or other inclement weather conditions.
• Management plan should address employee safety issues according to state and federal requirements.
• Description of methods employed to monitor and prevent anaerobic conditions within the piles.

The composting regulations do not require an emergency plan, but EGLE suggests that a detailed fire plan be coordinated with the local fire department. If a facility has other regulated materials or has regulated storage tanks on site there may be requirements under other federal and state regulations if the facility meets those conditions. There may also be requirements under local ordinances. See the EGLE emergency planning web page.

Options regarding how to handle fish waste are discussed in the Fish Waste Exemption and the related Site Identification Form.

Options would depend on whether the waste was contaminated and regulated as hazardous waste. Options to chip it or to use it as a fuel source is covered in the Scrap Wood Exemption. Wood waste that is not contaminated can be landfilled or incinerated at disposal sites that accept that waste.

Yes, food waste can be added to yard clippings. A processing permit is not required when the food waste is a source separated material.

Plastic is listed as a source separated material.  If the compostable serving ware is "plastic" as defined by ASTM D 6400, Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities, it is therefore not solid waste if composted, and the compost is used for beneficial purposes.

ASTM D 6400 defines plastic to be "a material that contains as an essential ingredient one or more organic polymeric substances of large molecular weight, is solid in its finished state, and, at some stage in its manufacture or processing into finished articles, can be shaped by flow."

Therefore, if the serving ware fits that definition and is able to be converted into compost as defined in Part 115, then the material is not solid waste, and a solid waste processing permit or license is not required.

Current regulations do not require any permits or approval from the MMD for the composting of site or source separated compostable material. Source separated material includes wood, paper products, garbage, yard clippings, or any other material approved by EGLE that is separated at the source of generation for the purpose of conversion into raw materials or new products. The same material is considered “site separated” if it is separated from solid waste for the purpose of conversion into raw materials or new products at a location other than the point of generation. Site separated material does not include the residue remaining after wood, paper products or any other material approved by the department is separated from solid waste. Compost is considered a “new product” for purposes of source and site separated material determinations.

Compostable site or source-separated materials include garbage, wood, and paper. Garbage is defined as “rejected food wastes including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetable matter.” Wood is defined as “trees, branches, bark, wood pallets, lumber, or other wood product which has not been treated, painted, mixed with glues and fillers, or otherwise contaminated during manufacture or use, and wood chips or sawdust from the materials listed.” Paper includes cardboard and paper products that have not been contaminated during manufacture or use.

No MMD permits are required for composting garbage, wood, and paper, although local authorizations may be necessary. Compostable site or source-separated material can be composted, as long as it is done in compliance with Part 55, Air Pollution Control, Part 115, and Part 31, Water Resources Protection, of the NREPA, and any pursuant promulgated administrative rules.

The composting of solid wastes like research animal bedding, street cleanings, or animal waste other than organic waste generated in the production of livestock and poultry must be approved by EGLE. The composting of garbage, wood, paper, and yard clippings mixed with a material defined as solid waste must also be approved.

In order to compost a solid waste material not defined as a site or source separated material, one must receive approval per R 299.4121 of the administrative rules promulgated pursuant to Part 115. Including the provisions outlined in R 299.4117 and R 299.4118 of the Part 115 administrative rules, the following information must be included in the petition:

• The type of waste and its potential for creating a nuisance or environmental contamination;
• Compost maturity, as determined by a reduction of organic matter during composting;
• Foreign matter content; and
• Particle size.

The material will be approved for use as compost if:

• The material has or will be converted to compost under controlled conditions at a composting facility;
• The material will not be a source of environmental contamination or cause a nuisance; and
• Use of the compost material will be done at agronomic rates.

In order to gain approval from EGLE to compost the material and demonstrate that the solid waste can be converted into a compost product or resource, R 299.4117 of the Part 115 administrative rules allows a person to conduct a pilot project with up to 100 tons of solid waste. For additional information, please contact EGLE MMD’s Solid Waste Section at 517-284-6588.

Food processing residuals, wood ashes, lime, or aquatic plants are not solid waste if applied on, or composted and applied on, farmland or forestland for an agricultural or silvicultural purpose, or used as animal feed. Such an application or use does not require a plan or a permit or license.

Land application of these materials or compost generated from these materials for an agricultural or silvicultural (cultivation of trees) purpose must occur in a manner that prevents losses from runoff and leaching, and must be done at an agronomic rate consistent with generally accepted agricultural and management practices (GAAMPs) under the Michigan Right to Farm Act, 1981 PA 93, MCL 286.471 to 286.474.

The MDARD has developed GAAMPs for certain food processing residuals (primarily fruit and vegetable residuals) and lime from kraft pulping process. Because there are currently no GAAMPs for agricultural use of aquatic plants, wood ashes, and other food processing residuals, composting of these materials require EGLE approval.

No, if a retail establishment is not doing any composting at the site, it does not need to register.

If the sites are not on contiguous property, they need to register each site.

Compost pile volumes are measured using calculations that incorporate the length, width, and height of the pile. The shape of a pile will determine the best formula to use to calculate the pile’s volume.

Pyramid: If the pile is a long pyramid then multiply the length by the width by the height and divide by 2.

Half-ellipsoid: If the pile is more the shape of a half-ellipsoid, then multiply Pi (3.14) by the length by the width by the height and divide by 6.

Half-cylinder: If the pile is a half-cylinder, then multiply Pi (3.14) by the length by the width by the height and divide by 4.

If the pile is about 10 yards wide, 10 yards long, and 4 yards tall and it is a half-ellipsoid. Therefore 3.14 x 10 x 10 x 4 divided by 6 equals about 200 cubic yards. The pile below has a volume of 200 cubic yards.

Remember that if you take your measurements in feet, and you are calculating a volume in cubic yards, either:

• Divide the measurements by three to get yards prior to calculating a volume; or
• Divide the result by 27 to convert to cubic yards (there are 27 cubic feet in a cubic yard).

Examples:

• A pile that is 120 feet x 120 feet by 18 feet tall is 5,000 cubic yards.
• A pile that is 72 feet x 72 feet x 10 feet tall is 1,000 cubic yards.
• A pile that Is 172 feet X 30 feet by 10 feet tall is 1,000 cubic yards.
• A pile that is 32 feet x 32 feet by 10 feet tall is 200 cubic yards. 

As defined in the Michigan Right to Farm Act (PA 93 of 1981, as amended), a farm means the land plant, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of farm products.

Registration with MDARD or EGLE is not required if the farm:

• Is composting only yard clippings that came from the farm operations, which can include yard clippings produced at multiple farm operations under the same ownership and taken to one location for composting.
• Is composting 5,000 cubic yards or less of yard clippings, which includes all stages of the compost including the finished compost.
• Is following MDARD’s generally accepted agricultural and management practices (GAAMPs). GAAMPs have been developed by the MDARD under the Right to Farm Act. They are available on the MDARD web site or by calling the Michigan Right to Farm Program at 517-284-5619.

A farm needs to register with MDARD if it:

• Has more than 5,000 cubic yards of yard clippings on site, which includes all stages of the compost including the finished compost; AND
• Accepts yard clippings from other sources, and it is needed to assist with managing wastes generated from the farm operations, i.e., the yard clippings are added to manure for proper composting.

Use the MDARD composting registration form.

A farm can receive up to 5,000 cubic yards and receive “a valuable consideration,” i.e., compensation, but they cannot charge a tipping fee or receive any valuable consideration for taking more than 5000 cubic yards of yard clippings. Section 11521(3)(c) of Part 115 restricts a farmer from receiving monetary or other valuable consideration for taking yard clippings if they accept over 5,000 cubic yards, unless they have registered with EGLE as a composting facility. This section does not limit a farm from selling finished compost.

A farm may accept other compostable materials that do not meet the definition of solid waste for composting without a solid waste processing license. Farms composting material defined as solid waste must have a solid waste processing license. Farms composting material that meets the definition of source-separated material as defined in Part 115 do not need to register with EGLE if they do not accept yard clippings.

Similar to other activities on a farm, in order for MDARD to determine that a farm conforms to GAAMPs under the Right to Farm Act, the farm must manage and compost all materials according to GAAMPs. 

The MDARD Michigan Right to Farm Program contact number is 517-284-5619.

Yes. MDARD registered composting facilities are eligible for Right to Farm protection by meeting certain criteria, such as the development of a compost operations plan, site plan, and a compost utilization plan. An on-site inspection of the facility will also be required. Contact the MDARD Michigan Right to Farm Program at 517-284-5619 for further information. 

No.

Contact the MDARD Michigan Right to Farm Program at 517-284-5619.