HB 5816 Summary

• Adds Subpart 10 to the Natural Resources and Environmental Protection Act establishing comprehensive regulations for materials utilization facilities, including composting facilities, materials recovery facilities, anaerobic digesters, and innovative technology facilities.

• Establishes three classes of compostable material (Class 1 and Class 2) with specific management requirements; allows composting on-site, at registered/permitted facilities, on farms, or in landfills under defined conditions.

• Requires small composting facilities to notify the department, medium facilities to register ($750 fee, 5-year term), and large facilities plus Class 2 composting facilities to obtain general permit approval ($1,000 fee, 5-year term).

• Specifies testing and labeling requirements for finished compost, including analysis for pH, nutrients, heavy metals, pathogens, and foreign matter content; establishes criteria for general use versus restricted use compost.

• Establishes location restrictions for composting facilities including minimum distances from property lines (50-100 feet), residences (200-300 feet), water bodies (100-200 feet), and water supply wells (800-2,000 feet), with different requirements for existing versus new facilities.