| Agripedia: Composting, waste, & hazards |
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| Composting |
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Note: As of this handbook's printing, the Oregon Department of Environmental Quality (DEQ) is involved in a rulemaking process that could change composting regulations. For more information on the proposed rules, visit DEQ's Web site: http://www.deq.state.or.us/lq/sw/compost. The definitions and regulations listed below are current, until DEQ rulemaking is finalized.
About 30 percent of municipal solid waste disposed in Oregon in 2002 was yard debris, food waste and other organics-much of which could have been composted instead of disposed. Regulations for composting facilities were developed by the Oregon Department of Environmental Quality (DEQ) in response to odor and water quality problems. Many agricultural composting operations are exempted (see "exemptions" below).
Definitions
Composting facility
A composting facility is a site or facility that uses organic solid waste or mixed solid waste to produce a useful product through a managed process of controlled biological decomposition. Composting may include amendments beneficial to the composting process. Vermiculture (worm farming) is an agricultural activity. Vermicomposting and agricultural composting operations are considered composting facilities. Worm castings offered for sale with a guarantee of plant nutrients, or with any claim to be a fertilizer or soil amendment, are subject to regulation by the Oregon Department of Agriculture, under ORS 633.
Agricultural composting
Agricultural composting refers to composting as an agricultural operation conducted on lands employed for farm use.
Green feedstocks
Green feedstocks are materials
- low in substances that pose a present or future hazard to human health or the environment, and
- unlikely to support human pathogens.
Green feedstocks include but are not limited to yard debris, animal manures, wood waste, vegetative restaurant waste, vegetative food processor by-products and crop residue.
Nongreen feedstocks
Nongreen feedstocks are materials
- high in substances that pose a present or future hazard to human health or the environment, and
- likely to support human pathogens.
Nongreen feedstocks include but are not limited to animal parts and by-products, mixed materials containing animal parts or by-products, dead animals, and municipal solid waste.
Exemptions
The following are exempted from the requirements to obtain a DEQ composting registration or permit:
- composting facilities or agricultural composting operations using less than or equal to 20 tons of green or nongreen feedstocks for composting in a calendar year
- agricultural operations composting green feedstocks generated and composted at the same agricultural operation, with all the compost used at the same agricultural operation at an agronomic rate
- other agricultural composting operations that are following a compost management plan approved by the Oregon Department of Agriculture (503-986-4700)
- production of silage on a farm for animal feed
- home composting
- institutional composting
- reload facilities
- composting facilities using sewage sludge or biosolids under a valid DEQ water quality permit.
Who must comply?
Regulations are minimal for small composting facilities. Anyone operating a composting facility, as defined above, must comply.
Types of regulations
Composting registration
(Must comply with box A)
For facilities using as feedstocks for composting
- more than 20 tons of green feedstocks in a calendar year, or
- more than 20 tons and less than or equal to 5,000 tons of feedstocks which are exclusively yard debris and wood waste in a calendar year.
Composting general permit
(Must comply with boxes A and B)
For facilities using as feedstocks for composting
- more than 2,000 tons of green feedstocks in a calendar year, or
- more than 5,000 tons of feedstocks that are exclusively yard debris and wood waste in a calendar year.
Composting full permit
(must comply with boxes A, B and C)
For facilities, using more than 20 tons of feedstocks or composting during a calendar year, that include any amount of nongreen feedstocks.
Box A
Odor minimization plan, mass balance calculation, water quality protections, operations and maintenance manual, and records of incoming feedstocks.
| Box B
...design of physical features of the site, plan for utilization of processed compost, facility closure plan, scale drawings, all-weather access road, fire protections, control of access to the site, control of and methods to minimize noise vectors, dust and litter and proper storage of feedstocks and residues.
| Box C
...protective layer underneath compost processing, as well as feedstock areas, pathogen reduction, proper techniques for salvaging non-compostable materials.
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Technical assistance
Oregon Department of Environmental Quality
North coast, Portland area
Phone 503-229-5049
North Willamette Valley, central coast area
Phone 503-378-8240, ext. 227
Bend, Klamath Falls area
Phone 541-388-6146, ext. 228
Pendleton, northeast Oregon area
Phone 541-278-4612
South Willamette Valley, south coast area
Phone 541-686-7838, ext. 245
The Dalles, Hood River area
Phone 541-298-7255, ext. 40
Oregon Department of Agriculture
Natural Resources Division
635 Capitol St. NE
Salem, OR 97301-2532
Phone 503-986-4700
Web http://oregon.gov/ODA/NRD
Pesticides Division
635 Capitol St. NE
Salem, OR 97301-2532
Phone 503-986-4635
Web http://oregon.gov/ODA/PEST
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| Disposal of solid wastes |
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Both federal and state law prohibit disposal of solid waste, including garbage, demolition waste, land clearing debris, or sludge, except at a site holding a solid waste disposal permit from the Oregon Department of Environmental Quality (DEQ).
Permits
A solid waste permit must be obtained before disposing of solid waste. The application for a permit must include completed application forms; a land use compatibility statement signed by the local government where the facility is to be located; evidence of need for the proposed disposal site; appropriate application fees; and appropriate design, operations, and monitoring plans. Solid waste must be disposed of at a permitted solid waste disposal site, unless the material fits the exemptions stated below. Solid waste includes septic tank and cesspool pumpings, manure, vegetable or animal solid and semisolid wastes, and dead animals.
Exemptions
The following are exempt from the requirement to obtain a permit:
- materials used for fertilizer (see the "Confined Animal Feeding Operation" section of this handbook regarding manure) or other productive purposes on land in agricultural operations and for the growing or harvesting of crops and the raising of animals
- household composting operations
- inert, noncombustible materials such as soil, rock, concrete, brick, building block, tile, or asphalt paving.
Safety issues
Agricultural wastes should be stored so as not to produce or sustain vectors ("hot spots" for environmental or health problems), transmit diseases to persons or animals, or create water or air pollution. Such wastes must be stored in a manner that will reduce and minimize the objectionable odors, unsightliness, and other nuisance conditions.
Record keeping
The holder of a solid waste disposal permit must keep records of amounts and types of waste accepted, materials received for recycling, ground water monitoring results, and other information as specified in the permit.
Fines
Violation of statute, rule, or permit may be subject to civil penalty of up to $10,000 per day for each day of violation.
Disposal of other materials
If a farmer or rancher needs to dispose of inert, noncombustible materials (which may be done without a DEQ solid waste permit), he/she may need to obtain a permit from the Division of State Lands (503-378-3805) or the US Army Corps of Engineers (503-808-4376) if the materials are to be deposited in or near a wetland, or along or into any waterway.
Recovery and disposal of dead animals
Note: For specific information on requirements for disposing dead animals, refer to the chapter in this handbook titled, "Disposing of Dead Animals."
For information about the recovery and disposal of dead animals, farmers and ranchers can view DEQ's survey results on "Disposal and Recovery of Animal Mortality and Byproducts" at http://www.deq.state.or.us/lq/sw/disposal/animalmortality.htm. To receive a copy of this survey by mail, call the DEQ technical assistance staff closest to you.
Technical assistance
Solid waste staff at DEQ http://www.deq.state.or.us can provide technical assistance concerning solid waste disposal options and requirements. Contact the appropriate regional staff for answers to specific questions about solid waste disposal.
Oregon Department of Environmental Quality
Web http://www.deq.state.or.us
Western Region Office, Salem
Phone 503-378-8240, ext. 5047
NW Region Office
Portland 503-229-5263
Gresham 503-667-8414
Eastern Region Office, The Dalles
Phone 541-298-7255, ext. 21
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| Federal hazardous materials regulations (HMR) |
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Who must comply?
Hazardous materials regulations apply to all farming operations, with some limited exceptions. If you operate a motor vehicle of any size to transport a commodity classified as a hazardous material, hazardous waste, or hazardous substance wholly within one state or in interstate commerce, you are subject to HMR.
HMR contain a list of hazardous materials and hazardous wastes (section 172.101). The hazardous substances are listed in an appendix to the table in section 172.101. Some examples of hazardous materials or substances are; gasoline, diesel fuel, parathion, diazinon, dursban, captan, 2,4-D and anhydrous ammonia. A hazardous material safety permit is required for some types of poison or inhalation hazards. For example, 3,500 gallons or more of anhydrous ammonia requires a permit.
HMR have several parts:
- creation of shipping papers to describe what is being transported on board each vehicle
- information about specific package type that must be used to enclose the material
- specific words/symbols that must go on the shipping papers, packages, or vehicle(s)
- specialized training for the people involved in every aspect of transporting or handling the hazardous material; as well as, security planning and training.
Technical assistance
US Department of Transportation
Federal Motor Carrier Safety Administration (FMCSA)
530 Center St. NE, Suite 100
Salem, OR 97301
Phone 503-399-5775
Fax 503-399-5838
Web http://www.fmcsa.dot.gov
Hazardous materials specialist
Phone 503-692-3768
FMCSA HM safety permit
Web http://www.fmcsa.dot.gov/safety-security/hazmat/hm-permitting.htm
Education and technical assistance
Web http://www.fmcsa.dot.gov/safety-security/hazmat/hm.htm
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| Pesticide use, distribution, transportation, and storage |
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Background
Federal law known as FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) regulates the manufacture, registration, distribution, and use of pesticides. The worker protection standard (WPS) also establishes guidelines for agricultural workers who handle pesticides or who may come into contact with pesticide-treated crops. Oregon state law governs most pesticide-related activities including the licensing and certification of pesticide applicators, consultants and pesticide dealers; implementation of the WPS; and the state registration of pesticide products.
Note: See the "Worker Protection Standard (WPS) for Pesticide Applications" section of this handbook for detailed information about this regulation for workers and pesticide handlers of pesticides in farms, forests, nurseries and greenhouses.
Private pesticide applicator
Private pesticide applicators (farmers, ranchers, orchardists, etc.) are persons who purchase, use or supervise the use of restricted-use pesticides in producing an agricultural commodity on property owned or rented by themselves or their employer. Private pesticide applicators must obtain initial certification by successfully completing a written examination. Once certification has been obtained, the applicator is required to obtain a private pesticide applicator's license and pay the accompanying fee. The license is valid for five years and recertification is required every five years. Recertification may be accomplished by attending 16 hours of ODA accredited continuing education or by retaking the certification examination. Contact Oregon Department of Agriculture (ODA), Pesticides Division, 503-986-4635, or visit the Web site http://oregon.gov/ODA/PEST, for information on private pesticide applicator certification and licensing.
Custom applications
If you hire a business to make pesticide applications for your agricultural operation, the business you hire must be licensed as a commercial pesticide operator and the person actually conducting the application must be licensed as a commercial pesticide applicator or commercial pesticide trainee. These licenses are issued by ODA Pesticides Division annually. Each license must reflect the category of work being done (e.g., ag-herbicide, ag-insecticide, fungicide, etc.). Commercial pesticide applicator licenses require 40 hours of ODA accredited continuing education every five years or retaking of the certification examinations in each category of work. Commercial pesticide trainees are not certified applicators. Certain restrictions and specific conditions of supervision are required of trainees.
Pesticide dealers
Persons who offer for sale or distribution any restricted use pesticide (RUP) are required to obtain a pesticide dealer license from ODA Pesticides Division. This is an annual license for each dealer location. Record keeping related to the sales or distribution of RUPs is required of each pesticide dealer.
Pesticide use reporting
The 1999 Oregon Legislature adopted statutes establishing a comprehensive, statewide pesticide use reporting system (PURS). The 2005 Oregon Legislature provided funding to make the system operational. The only pesticide products exempted from the reporting system are those classified as antimicrobials. The use of all other pesticide products in producing or preserving an agricultural or forestry crop must be reported into PURS, through a specific Internet site. This site became operational in January 2007. For current status and requirements, please contact the Oregon Department of Agriculture Pesticides Division at 503-986-4635 or online at http://oregon.gov/ODA/PEST.
Endangered Species Act
Meeting federal Endangered Species Act (ESA) requirements essentially requires a farmer to apply pesticides in concert with the pesticide label and any county-specific bulletins available. ESA could also affect farming and forestry practices which alter the habitat of listed endangered species. Applying a pesticide in accordance with the approved label does not protect the applicator from liability if there is a "take" of ESA listed species. Reference to CFR and law DOI-50 CFR 402, ESA 7 [16 USC 1536] and 9 [16 USC 1538]. To obtain a copy of Protecting Endangered Species from Pesticides (EPA-735-F-9 4-014) or any other bulletins or fact sheets, call the EPA Hotline at 800-424-9346 or 800-535-0202.
Clean Water Act
Making pesticide applications which affect waterbodies or waterways may require the issuance of a National Pollutant Discharge Elimination System (NPDES) permit to be in compliance with the federal Clean Water Act. Always read and follow the pesticide label completely. Contact DEQ at 503-229-5657 for more information on the need for a NPDES permit for pesticide applications in Oregon.
Safety and training
All pesticides must be used only as directed on the label. Minors under the age of 18 cannot apply pesticides as a licensed pesticide applicator. As described above, private pesticide applicators and commercial pesticide applicators have different pesticide license requirements for initial certification and subsequent recertification. Persons who are not required to be licensed pesticide applicators and may conduct pesticide applications are still required to have all appropriate training necessary to conduct the pesticide application correctly. This may require additional worker training in WPS compliance, respirator fit testing and maintenance of respirators, reading and understanding material safety data sheets (MSDS), recognition of pesticide poisoning, field or structure posting requirements, etc. ODA Pesticides Division investigates allegations of pesticide misuse. Training records of pesticide applicators help substantiate adequate knowledge by the applicator. Employee training records are required by OR-OSHA. ODA Pesticides Division and OR-OSHA may work together to address employer-employee pesticide related issues including the WPS.
The law requires investigation by Oregon OSHA regarding employee complaints that may be related to pesticide use, re-entry into areas treated with pesticides, or accidents. A record must be kept by the employer of all pesticide worker training provided and any injury that results in medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
Note: See the section on "Worker Health and Safety" in this handbook or contact OR-OSHA at 503-378-3272 for further information.
Pesticide storage
Pesticides should be stored in a cool, dry, well-ventilated and well-lit room or building, insulated to prevent freezing or overheating. The area should be fireproof with a sealed cement floor. The area should be locked to prevent entry by children or unauthorized persons. Warning signs should be posted on doors and windows. All pesticides should be stored in the original containers, away from food, feed, seed, or animals. For more information about the storage of pesticides, contact the Oregon state fire marshal at 503-373-1540 or OR-OSHA at 503-378-3272.
How to manage empty pesticide containers
Contaminated, empty containers (unrinsed containers) are "hazardous wastes" unless they are accepted by a pesticide distributor or manufacturer for refill or are decontaminated. If discarded, contaminated containers must be disposed of as hazardous waste. This expensive practice can be avoided by decontaminating them. At the time of emptying, decontaminate rigid containers such as plastic pails or drums, metal pails or drums, and, fiber containers by:
- Pressure or multiple rinsing (multiple rinse with the appropriate diluent at least three times, or as often as necessary to make the container clean; if possible, multiple rinse nonrigid containers such as paper containers lined with plastic or foil). Always use this rinsate for your next batch of pesticide spray mix.
- Visually verifying that the residues have been removed from the inside and outside of the containers.
- Drying (the container's interior surfaces should be dried before crushing).
- Crushing or physically altering, such as puncturing, the containers.
Note: One- and five-gallon metal containers are to be punctured with at least three one inch holes in the top and bottom before crushing. Thirty- and 55-gallon containers are required to have both the tops and bottoms cut out and then flattened. Plastic containers do not need to be crushed.
Decontaminated containers can and should be recycled. For more information on the collection and recycling of decontaminated metal or plastic pesticide containers contact the Oregon Agricultural Chemicals and Fertilizers Association (OACFA) at 503-370-7024.
If you reuse your rinsates and avoid generating excess spray mixtures and purchase only the amount of pesticide you need, then you have no wastes to dispose of.
However, if you have unusable pesticide-containing materials, and they cannot be reused, then disposal is your only option. Consult DEQ for the factsheet, "How to dispose of unusable or unwanted pesticide spray solutions, pesticide-contaminated rinsewaters and pesticide-containing absorbent." The fact sheet is available on DEQ's Web site, http://www.deq.state.or.us/lq/hw/pesticide.htm.
Other uses
In addition to pesticide regulations administered by ODA, the Oregon Department of Forestry (ODF) also regulates application of chemicals, including pesticides, to private and state-owned timber lands through the Forest Practices Act (FPA). Pre-notification to ODF of pesticide applications is required, and in some instances, a site management plan will need to be approved prior to application. Questions relating to use of chemicals or pesticides in the forest environment should be directed to ODF at 503-945-7200.
Transporting pesticides
The Oregon Department of Transportation (ODOT), Motor Carrier Transportation Division, regulates the transportation of hazardous materials in the state by adopting federal hazardous materials regulations, Title 49, Code of Federal Regulations for both carriers and shippers. In addition, farmers who ship or transport hazardous materials (including fertilizers, pesticides, and fuels) in amounts that require the shipment to be placarded, must develop and implement security plans. Questions concerning required shipping documents, placarding of vehicles, specifications for containers, and marking and labeling requirements for packages, should be directed to ODOT, 550 Capitol St. NE, Salem, OR 97301-2530, 503-378-3667. For information about transport security plans, call US Department of Transportation at 503-399-5775.
Pesticide spills
Pesticide spills can cause serious environmental and health damage. The Oregon Emergency Response System (OERS), set up by the Oregon Executive Department, acts as a clearinghouse to handle emergency calls. To report spills or accidents involving pesticides, call 800-452-0311.
The Pesticide Analytical and Response Center (PARC) combines agencies with common interests regarding adverse pesticide effects on humans, animals, and the environment. PARC may also be involved in spills or accidents relating to health problems or environmental damage. For further information on PARC, 503-986-6470, or visit the Web site, http://oregon.gov/ODA/PEST.
Specific pesticide use restrictions
Chemical control areas
Umatilla and Morrow counties have restrictions on the use of certain herbicides during specific times of the year. Permits for the use of such products are required. For more information contact the Oregon Department of Agriculture at 541-938-6466.
Clopyralid
Pesticide products containing the active ingredient clopyralid are prohibited from use on residential or commercial turf and ornamental sites in Oregon. Uses of clopyralid products are limited to golf courses, agricultural, cemetery, and forestry sites. Vegetative material which has been treated with a clopyralid product must not be provided for compost. For more information, contact Oregon Department of Agriculture at 503-986-4635 or http://oregon.gov/ODA/PEST.
Technical assistance
Oregon Department of Agriculture
Pesticides Division
635 Capitol St. NE
Salem, OR 97301-2532
Phone 503-986-4635
Web http://oregon.gov/ODA/PEST
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| Underground storage tanks |
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Concern about contaminated ground water and the threat of fire or explosion from spills or leaking underground storage tanks (USTs) led to passage of state and federal legislation (RCRA-Subtitle I; ORS 466.706-466.835) which requires the installation of corrosion control, leak detection and spill/overfill prevention equipment on USTs, as well as reporting and cleanup of contamination.
Permits
A General Permit Registration Certificate from the Oregon Department of Environmental Quality (DEQ), Underground Storage Tank Program, is required to operate an underground storage tank holding any regulated substance. Fuel distributors are prohibited by law from depositing fuel in an unpermitted tank or a permitted tank that does not meet compliance.
Compliance
In order to receive a General Permit Registration Certificate to operate, a person's tank must meet the 1998 technical standards for corrosion control and spill and overfill prevention. In addition, all UST owners/operators must perform leak detection and demonstrate financial responsibility (typically by purchasing environmental insurance for accidental spills or releases of petroleum products into the environment) and employ a trained UST system operator for their facility. Tanks that do not meet these standards must be decommissioned by removal or closure in place. Notification to DEQ is required.
Exemptions
The following USTs are exempt from federal and state laws and regulations. A General Permit Registration Certificate to Operate is not required to obtain fuel deliveries for
- any tank under 110 gallons in capacity
- any tank holding motor fuel for farm or residential use under 1,100 gallons in capacity
- any tank holding fuel for heating purposes on-site
- any tank not used after Jan. 1, 1974, as long as all product was removed at the time.
Technical assistance
The DEQ UST Help line is available for technical assistance in the interpretation of rules. Fact sheets about specific compliance requirements are also available.
Oregon Department of Environmental Quality
UST helpline
Phone 800-742-7878 or 503-229-5733
Web http://www.deq.state.or.us/lq/tanks
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| Waste tire usage |
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Who must comply?
With certain industrial exceptions, a waste tire storage site permit is required for storage of more than 100 waste tires. A waste tire carrier permit is required of all persons hauling waste tires for hire. A waste tire storage site beneficial use exemption is required for persons using 100 or more tires for a beneficial purpose (either above ground or underground). OAR Chapter 340, Division 64, regulates the storage, transportation, usage and disposal of waste tires.
Permits
Contact the Oregon Department of Environmental Quality (DEQ) to obtain an application for a waste tire permit or beneficial use exemption. For both, the completed application must include maps, management and contingency plans, a land use compatibility statement signed by the local government where the tire storage is to be located, and appropriate fees. DEQ will base its exemption determination on the legitimacy of the use and the potential risk to public health or the environment.
Exempt uses
Use of waste tires as a ballast to maintain covers on agricultural materials or at a construction site is an exempt use provided no environmental risk is created. Otherwise, if 100 or more tires are involved, a waste tire storage site permit will be required.
Records
Holders of a beneficial use exemption must keep records of the number of tires used and how they are maintained. DEQ may conduct field inspections to verify compliance with permits. Permitted waste tire carriers are also required to submit to DEQ an annual report of the numbers of waste tires picked up and disposed of. Anyone handling more than 100 waste tires per year must keep a log of the tires and how they were disposed, even if a permit is not required. Records must be kept for a period of two years following disposal of tires.
Fines
Violation of statute, rule, or permit is subject to civil penalty of up to $10,000 per occurrence.
Technical assistance
Oregon Department of Environmental Quality
Web http://www.deq.state.or.us
DEQ Headquarters, Portland
Mary Fritzmann Smith
Phone 503-229-5409
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