.03 Food Residuals Diversion Requirement.

A. General Provisions.

(1) The Department may inspect a site or business owned or operated by a person suspected or known to be subject to this regulation and Regulation .04 of this chapter in accordance with Environment Article, §1-404(k), Annotated Code of Maryland.

(2) A person subject to the food residuals diversion requirements under §B of this regulation may not divert food residuals from final disposal in a refuse disposal system in accordance with the regulation in a manner likely to:

(a) Be conducive to insect and rodent infestation or the harborage of animals;

(b) Cause nuisance odors or air pollution in violation of Environment Article, Title 2, Annotated Code of Maryland, or involve the construction of a source of air pollution subject to a permit to construct or the operation of a source of air pollution subject to a permit to operate unless permitted by the Department under Environment Article, Title 2, Annotated Code of Maryland;

(c) Cause a discharge of pollutants to waters of this State unless permitted by the Department under Environment Article, §9-323, Annotated Code of Maryland;

(d) Impair the quality of the environment; or

(e) Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department.

B. Food Residuals Diversion Mandate.

(1) Except as provided in a waiver issued by the Department under Regulation .04 of this chapter, a person shall divert their food residuals from final disposal in a refuse disposal system in accordance with this regulation if the person meets all of the following criteria:

(a) The person generates:

(i) On or after January 1, 2023, at least an average of 2 tons of food residuals each week that they are in operation and generating food residuals; or

(ii) On or after January 1, 2024, at least an average of 1 ton of food residuals each week that they are in operation and generating food residuals; and

(b) The person generates the food residuals at a location that is within a 30-mile radius of an organics recycling facility that:

(i) Has the capacity to accept and process all of the person’s food residuals;

(ii) Is willing to accept all of the person’s food residuals for recycling; and

(iii) Is willing to enter into a contract to accept and process the person’s food residuals.

(2) A person shall begin diverting their food residuals from final disposal in a refuse disposal system not later than 90 days after the person meets the criteria under §B(1) of this regulation.

C. Determining the Weight of Food Residuals Generated. For the purpose of determining if a person meets the food residuals generation thresholds specified under §B(1)(a) of this regulation:

(1) A person shall calculate the amount of food residuals generated using a methodology provided by the Department and based on one of the following measurements:

(a) An actual measurement of the weight of food residuals generated;

(b) If the person does not have an actual measurement of the weight of food residuals generated, an estimate of weight based on volume using a volume-to-weight conversion factor that is acceptable to the Department; or

(c) If the person does not have an actual measurement of the weight or volume of food residuals generated, an estimate of weight using a conversion factor appropriate for the type of food residuals generator that is acceptable to the Department; or

(2) A person that owns or operates multiple facilities or buildings located at a single location or campus that have a common system or contract for waste management shall use the aggregate weight of the food residuals generated each week by all the facilities or buildings, calculated using one of the methods specified under §C(1) of this regulation.

D. Methods of Diversion. A person subject to the food residuals diversion requirements under §B of this regulation shall:

(1) Separate food residuals from other solid wastes and non-compostable materials, including separating food residuals from any film or containers; and

(2) Divert food residuals from final disposal in a refuse disposal system through any combination of the following methods:

(a) Reducing the amount of food residuals generated by the person;

(b) Donating servable food for human consumption, including the donation of food to a nonprofit corporation, organization, or association;

(c) Managing the food residuals in an organics recycling system installed on-site in accordance with any applicable regulations adopted by the Secretary of the Environment;

(d) Providing for the collection and transportation of the food residuals for agricultural use, including for use as animal feed; and

(e) Providing for the collection and transportation of the food residuals for processing in an off-site organics recycling facility.

E. Documentation.

(1) In order to administer and enforce the food residuals diversion requirements of this regulation, the Department may request that a person subject to the food residuals diversion requirements under §B of this regulation provide documentation of:

(a) The actual or estimated weight of food residuals generated by the person each week;

(b) Any correspondence between the person and an organics recycling facility located within a 30-mile radius of the person demonstrating the organics recycling facility’s willingness to accept all of the person’s food residuals or enter into a contract to accept and process all of the person’s food residuals;

(c) Any correspondence from an organics recycling facility located within a 30-mile radius of the person that the organics recycling facility is unable or unwilling to enter a contract with a person and accept and process all of the person’s food residuals ; and

(d) Any other information the Department deems necessary.

(2) If the Department requests that a person provide the documentation described under §E(1) of this regulation, the person shall submit the requested documentation to the Department not later than 30 days after the request, unless an alternative deadline is provided by the Department.