Georgia – Composting Permit Exemptions and Permit-By-Rule

In 2018, Georgia revised its composting regulations to introduce a permit-by-rule category specifically designed for community-scale operations that accept food scraps from external sources. 

Composting, mulching, and anaerobic digestion facilities are regulated under Rule 391-3-4-.16 of the Georgia Rules for Solid Waste Management and enforced by the Georgia Environmental Protection Division (EPD). All composting facilities are either (1) explicitly exempt from these regulations; (2) fall under the permit-by-rule category; or (3) are required to obtain a solid waste handling permit.

Whether a specific compost operation qualifies for an exemption or a permit-by-rule will depend on factors such as the location of the composting site; the type of feedstocks accepted; or the volume of food residuals, or food scraps, being received. 

 

Feedstock Categories

Feedstock categories relevant to community-scale composters:

Feedstock Category A: Yard trimmings, land-clearing debris, agricultural residuals generated and processed on site, untreated and unpainted wood, or any combination thereof. 

Feedstock Category B: Agricultural residuals generated off site, herbivorous animal manure generated at a zoo,* and/or source-separated organics, including food scraps. 

*herbivorous animal manure generated at a zoo is not allowed for permit-by-rule category facilities. 

 

Exemptions

The following mulching and composting operations are exempt from the permit-by-rule and the requirement for a solid waste handling permit: 

  1. Backyard composting 
    1. Defined as “composting of yard trimmings and food residuals, managed so as not to attract vectors, at residential, commercial, or industrial property by the owner or tenant for use on site. All feedstocks must be generated and composted on site”
  2. A facility composting or mulching only Category A feedstock 
  3. A facility processing less than 40 tons per year of food residuals generated on site and composted in leak-proof containers that prohibit vector attraction and prevent nuisance odor generation 
  4. Composting of food residuals and yard trimmings generated on site at a K-12 institution for educational purposes
  5. Manures managed in accordance with the Georgia Rules for Water Quality Control 
  6. Composting of dead animals in accordance with the Georgia Dead Animal Disposal Act and Georgia Department of Agriculture Rules

 

Permit-by-Rule

Sites qualifying for the permit-by-rule category are considered ‘Class 2’ composting facilities. To be eligible to operate under a permit-by-rule, these facilities or operations must:

  • Only compost Category A and B feedstocks
  • Receive less than 500 tons of Category B feedstock per calendar month
  • Not receive non-vegetative food processing residuals and manures

Facilities and operations must also follow the operating, design, and siting requirements from Rule 391-3-4-.16.

 

How to Obtain a Permit-by-Rule 

Class 2 composting or collection operations seeking a Permit-by-Rule must complete an online application through the Georgia Department of Natural Resources. A submitted application must be officially approved. This guide reviews the rules for operating a Class 2 operation in Georgia, including the requirements, process, and application for the Permit-by-Rule. Some of this information is detailed below. 

 

Operating and Design Standards for Permit-by-Rule Facilities 

New composting operations qualifying under the permit-by-rule category are required to comply with the design, operating, and siting standards for Class 2 composting facilities. 

Designed standards for Class 2 facilities include:

  • The area must maintain its structural integrity under operating conditions and be capable of supporting vehicular traffic.
  • The size and capacity must be able to handle the projected volume of compost and residue generated. Areas for storing feedstocks prior to processing shall be clearly defined, and the maximum capacity must be specified.
  • For windrow operations, the maximum composting process windrow size and minimum composting process windrow spacing shall match the capability and requirements of the facility’s equipment.

Operating standards for Class 2 facilities include requirements for:

  • Entrance signage and information
  • Supervision and training of operators and management
  • Stormwater control measures and contact water flow prevention
  • Controlling vectors and odors and preventing, controlling, and extinguishing fires
  • Category B feedstock, such as processing, containment, and covering standards, as well as tracking and record-keeping
  • Materials storage and capacity, including finished compost and non-compostable materials
  • Notification of closures

Criteria for Siting Class 2 composting facilities can be found under section (6) (a) of Rule 391-3-4-.16 

 

More Information

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Original post from April 18, 2024

Julia Spector - Research and Policy Associate
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Julia Spector

Julia Spector is the Research and Policy Associate for the Composting for Community Initiative. She works to amplify the team’s policy and advocacy efforts to advance community composting from the local to the federal level. Julia has dedicated her career to promoting social and racial justice, working at organizations focused on democracy, economic, and youth issues.