[USCC] home composting ordinances

[Cary Oshins]

Thanks Michele,
I don't think he wants to exclude composting, but he does not want to
preclude it either.
Is "nuisance" defined elsewhere?
Cary

____________________________________
Cary Oshins
US Composting Council


-----Original Message-----
From: compost-bounces at mailman.cloudnet.com
[mailto:compost-bounces at mailman.cloudnet.com] On Behalf Of Young, Michele
Sent: Monday, May 18, 2009 2:33 PM
To: Compost Discussion List
Subject: Re: [USCC] home composting ordinances

I am not sure I am exactly clear on the question, but it sounds like
this lawyer wants home composting to be recognized as an exclusion from
the nuisance regulations.  If this is not the case, please disregard all
I am about to say...

San Jose actually feels that it is important to use the municipal code
as a tool to encourage residents to compost correctly.  In our classes,
we stress that there is a nuisance code and that there are ways to
compost that should cause no problems to your neighbors.  If problems do
arise that could be considered a nuisance, we encourage residents to
contact the master composters to get support in resolving those issues.

I have answered several nuisance calls about composting that were
absolutely warranted and the activity needed to cease due to neighbor
proximity.  In other cases, it was more of a perception issue, but a
nuisance to the neighbors none the less (3ft. high open compost piles in
the front yard park strip for example). We feel that the code is a
valuable tool in helping to manage home composting activities so they
can continue to be acceptable in these close urban areas. 

I am including our code language here:  Cheers Michele Young - City of
San Jose

9.10.840  Composting.
Waste organic matter may be composted provided that the composting:
A.   Occurs at a solid waste facility operating pursuant to a permit
issued pursuant to Division 30 of the California Public Resources Code
or occurs on the premises where the waste organic matter was generated;
B.   Is conducted in accordance with accepted composting practices;
C.   Is conducted in accordance with applicable federal, state and local
laws and regulations;
D.   Does not generate offensive odors or provide a source of food or
harborage for vermin; and
E.   Does not create a public or private nuisance.
(Ord. 24315.)


 

-----Original Message-----
From: compost-bounces at mailman.cloudnet.com
[mailto:compost-bounces at mailman.cloudnet.com] On Behalf Of Cary Oshins
Sent: Friday, May 15, 2009 9:28 AM
To: 'Compost Discussion List'
Subject: [USCC] home composting ordinances

We received an inquiry from a municipal lawyer about how to exclude and
recognize  home composting from a municipal anti-nuisance regulation.
Please
send me any suggestions and examples and I will forward.

Thanks,

Cary

 

____________________________________
Cary Oshins
Assistant Director of Programs
www.compostingcouncil.org 
2324 W. Tilghman St.
Allentown, PA 18104
phone: 484-547-1521
cary.oshins at compostingcouncil.org 
USCC Main Office:
1 Comac Loop, Suite 14B1
Ronkonkoma, NY 11779
phone: 631-737-4931
fax: 631-737-4939