Exemptions and Other Guidance

Small Composting Exemption

Small composting operations are limited to less than 50 tons or 500 cubic yards per year of incoming material for composting. The process must follow acceptable methods of composting and be developed, operated, and maintained in a safe, nuisance-free manner. The facility must provide a written notice to ADEQ describing the facility location, description of the operation, and intended end use for the compost prior to commencement of construction.

  • Small composting operations conducted by an individual treating yard and organic wastes taken solely from that individual's personal resident or property. This exemption may be revoked in the event that the composting operation becomes a nuisance to other persons or property owners either adjacent to or in the vicinity of the composting operation.
  • Composting facilities that receive and treat only animal manure, agricultural wastes, yard wastes, and wood wastes if the facility is operated in conjunction with and on the same property as a confined animal facility. Water Division permitting or authorization may be required is such instances.
  • Composting facilities that exclusively receive and treat organic plant wastes from nursery operation.
  • Facilities for the recovery and use of chipped, shredded, or process wood waste, excluding yard waste, for reuse as mulch, composting material, or other beneficial use.

The Composting Process

A review of the composting process may help regulated facilities or even backyard composters produce compost more quickly and without pest or odor problems.

Material Recycling Facility Exemption

  • Type Y – Material Recycling Facility Notification (PDF)
  • Type Y – Material Recycling Facility Notification (Word)

A material recycling facility is engaged solely in practices related to the management or diversion of source separated recovered materials from the waste stream, including storage, processing, marketing, or reuse of recovered materials. An MRF does not include a solid waste recovery facility that separates recyclables from mixed solid waste.

  • Facilities used solely for storage, processing, and resale or reuse of recovered materials. The owner or operator must be able to demonstrate that substantially all of the incoming materials at the facility are sold, used, or reused within one year.
  • Facilities engaged solely in the handling and processing of nonputrescible source-separated recovered materials.
  • Facilities that are regulated by hazardous waste rules and regulations instead of solid waste rules and regulations.
  • Returnable container redemption operations conducted at a dealer, distributor, or redemption center.
  • The recovery and storage of recyclables on the property of a manufacturer for use in the manufacturing process in the place of virgin material.
  • Automobile dismantlers, scrap metal processors and buyers, junkyards, facilities that recover metal from sludges that are not hazardous waste, and metal salvage yards.
  • The recovery or use of chipped, shredded or processed wood wastes, excluding yard wastes, for reuse as a mulch, composting material or other beneficial use is exempt from permitting. Type Y Composting is considered a disposal site according to A.C.A.&8-6-203 and may not be covered by this registration.
  • Material recycling facilities (MRF) and facilities engaged solely in the handling and processing of nonputrescible “source-separated recovered materials” as defined in Regulation 22.102 are exempt from permitting.

Other Guidance

These documents are intended for guidance only. These documents are not considered a rule and do not create any standards or criteria that must be followed by the regulated community.