ATTACHMENT B
WASTE BAN SUMMARY
COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION
O N E W I N TE R S T R E E T , B O S T O N , M A 0 2 1 0 8 6 1 7- 2 9 2- 5 5 0 0
ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor
BOB DURAND Secretary LAUREN A. LISS Commissioner
FREQUENTLY ASKED QUESTIONS ABOUT THE MASSACHUSETTS WASTE BANS
Summary of Waste bans on Recyclable Paper, Plastic, Glass and Metal Containers, Leaves, Yard Wastes, White Goods, Whole Tires, Lead-Acid Batteries and Cathode Ray Tubes. This document summarizes the Department of Environmental Protection’s (DEP) “waste ban” regulations at 310 CMR 19.017 of the General Requirements, Procedures and Permits for Solid Waste Management Facilities, and the Municipal DEP-Approved Recycling Program (DARP). For more details of disposal facility implementation and compliance requirements, please refer to the “Guidance for Solid Waste Handling and Disposal Facilities in Compliance with DEP’s Disposal Restrictions” available from the DEP’s website at www.mass.gov/dep/recycle. For questions concerning the DARP program contact Jim McQuade at 617-348-4095.
QUESTIONS AND ANSWERS
Q. A. What are the “Waste Bans”? The “Waste Bans” are restrictions on the disposal and transfer for disposal of certain hazardous and recyclable items at solid waste facilities in Massachusetts. The bans are located in the state’s solid waste facility management regulations, 310 CMR 19.017. Listed below are the restricted materials and their definitions.
MATERIAL Lead-acid Batteries Effective date 12/31/90 MATERIAL DEFINITION Lead-acid batteries used in motor vehicles or stationary applications.
Leaves and Yard Waste
Deciduous and coniferous leaves, grass
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. DEP on the W orld Wide Web: http://www.magnet.state.ma.us/dep Printed on Recycled Paper
Effective date 12/31/91
clippings, garden materials, shrub trimmings, and brush up to one inch in diameter.
Whole Tires (landfills only) Effective date 12/31/91
Whole car and truck tires of all types. A tire can be landfilled only if it has been shredded or ground into at least four pieces so that it no longer has a circular shape. Combustion facilities and transfer stations can accept whole tires.
White Goods Effective date 12/31/91
An appliance employing electricity, oil, natural gas or liquefied petroleum gas to preserve or cook food, to wash or dry clothing, cooking or kitchen utensils or related items, or to cool or heat air or water. These include refrigerators, freezers, dish washers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters.(310 CMR 19.006)
Metal Containers Effective date 4/1/93
Aluminum, steel or bi-metal beverage and food containers.
Glass Containers Effective date 4/1/93
Glass bottles and jars excluding light bulbs, plate glass, ceramics, Pyrex cookware, drinking glasses, windows, and windshields.
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Single Resin Narrow-necked Plastics Effective date 12/31/94
All narrow-necked plastic containers of any resin type. In narrow-necked containers the diameter of the opening is smaller than the diameter of the base (e.g., a soda bottle is “narrow-necked”, but a yogurt container is not). All paper, cardboard, and paperboard products excluding tissue paper, toweling, paper plates, cups, and other low-grade paper products which become unusable to paper mills as a result of normal intended use (e.g., office paper, newspapers, unwaxed cardboard and cereal boxes, but not used paper towels). Any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes. (310 CMR 19.006)
Recyclable Paper Effective date 12/31/94
Cathode Ray Tubes (CRTs) Effective date 4/1/00
Note: Other state and federal regulations limit and/or ban the disposal of additional materials at solid waste combustion facilities, landfills and transfer stations. Examples of these materials include hazardous wastes (as defined in 310 CMR 30), and infectious wastes (as defined in 105 CMR 480). Q. A. What is the purpose of the waste bans? The waste bans are designed to: 1) conserve capacity at existing disposal facilities, 2) minimize the need for new facility construction, and 3) signal recyclables markets that large volumes of material are available on a consistent basis. They also restrict certain toxic substances or materials which may adversely affect our environment when landfilled or incinerated. Whose waste is affected by the waste bans? The waste bans apply to any solid waste destined for a Massachusetts landfill, combustion facility or transfer station, including all residential and commercial wastes. It is the responsibility of all facility operators to ensure that only allowable quantities of restricted materials are disposed of at their sites. What must a solid waste facility do to comply with the waste restrictions? A facility operator must submit a compliance plan as outlined in the “Guidance for Solid Waste Handling and Disposal Facilities on Compliance with DEP’s Waste Disposal Restrictions” or implement a system for recovering restricted materials prior to disposal (front-end recovery system). Waste ban compliance plans require the facility to scrutinize incoming waste on two levels. First, all loads must be visually monitored to
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ensure that significant quantities of recoverable materials will not be accepted for disposal. Additionally, random inspections of waste load contents are conducted. As part of the compliance plan, an operator must submit to DEP a description of facility operations, an outline of the ongoing monitoring and inspection programs, assurance of posted signs informing facility users of the disposal restrictions, examples of letters to be sent to parties delivering waste loads containing unacceptable quantities of banned material, and annual monitoring and inspection reports. Q. A. What are acceptable quantities of restricted materials? If a facility operator finds restricted material in an inspected waste load above the acceptable quantities listed below, then that load is in violation of the disposal restrictions: • Lead-acid Batteries, White Goods, CRTs and Whole Tires (landfills only): unacceptable in any quantity; • Unbagged Leaves and Yard Waste: should not exceed 10% of the waste load by volume; • Bagged Leaves and Yard Waste: should not exceed the listed quantities for the following vehicle types: transfer trailer - 40 bags; roll-off container - 20 bags; packer truck - 10 bags; and dump truck or smaller - 5 bags; • Glass, Metal (steel, aluminum, bi-metal) and Narrow-Neck Plastic Containers (any resin type): the combined allowable level established for glass, metal and plastic containers is 5 or fewer units per bag of refuse. Five refuse bags from each inspected load should be opened and checked. If 3 of the 5 bags contain more than 5 glass, metal or plastic containers, then that load may be in violation, and; • Recyclable Paper: should not exceed 20% of the waste load by volume or not more than 20% of 3 or more sampled bags. The 5-bag sample is most appropriately applied to residential waste loads where bagged refuse predominates, and should not be applied in order to avoid rejecting commercial loads with obviously large quantities of corrugated cardboard or office paper. What must I do to bring my waste into compliance with the regulations? Most communities and businesses have established recycling programs to bring their solid waste management programs into compliance with state regulations. Those that do not implement programs to divert banned items from their waste stream run the risk of having their waste rejected at the landfill, combustion facility, or transfer station, or paying handling fees. Municipalities that apply for and satisfy DEP recycling criteria related to the community’s commitment to recycling and composting, public education efforts and residential access to recycling may be awarded status as a DEP-Approved Recycling Program (DARP) community. Loads collected or contracted for collection by DARP communities are not required to be inspected for recyclable paper or glass, metal and plastic containers, leaves and yard waste and therefore should not be rejected for these materials. These loads, however, are subject to ongoing waste stream monitoring. If a DARP community consistently delivers unacceptable amounts of restricted materials, DEP may investigate whether the community is still meeting the DARP criteria. Ultimately, DEP may rescind a community’s DARP if the community no longer meets the program requirements and future failed loads may be subject to rejection by the facility. The
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DARP criteria are attached at the end of this document. Q. A. How does a municipality qualify for DARP status? To receive DARP status, the municipality must complete an application in which the Chief Executive Officer certifies that the municipality’s recycling and composting programs satisfy several DEP criteria. The criteria cover matters such as recycling program commitment, recycling and composting access, and education and outreach activities. Municipalities must be able to document their claims if requested by DEP. Approximately three-fourths of Massachusetts’s communities have DARP status. Future DARP criteria may be expanded pending recycling market conditions and statewide disposal capacity needs. Q. A. Can a municipality from outside of Massachusetts obtain DARP status? Yes, non-Massachusetts municipalities who submit an application to DEP and who comply with the above stated criteria can obtain a DARP exemption. Is a business exempt from inspections if it operates within a DARP community? No. Only waste handled as part of the municipality’s solid waste program is exempt from inspection. Is there anything like a DARP for business or commercial generators? No. DEP explored possible mechanisms which would allow qualified commercial waste not to be subject to inspection and rejection at disposal facilities but could not find any that were viable or credible. As a result, commercial waste generators must institute programs or secure recycling services which will bring their refuse into compliance with the regulations or run the risk that their waste loads will be randomly inspected at their disposal site. DEP publishes an extensive “Recycling Services Directory” to assist businesses in locating recycling service providers. A Directory can be obtained by calling the DEP InfoLine at 617-338-2255. As an additional resource, DEP supports WasteCap of Massachusetts, a statewide, nonprofit, organization that assists businesses and institutions in cost-effectively minimizing and recycling non-hazardous waste through business networking and a peer match program. For more information on WasteCap call 617-236-7715. Q. A. What happens if my community or business does not take steps to ensure that our waste is in compliance with state regulations? Solid waste facility operators must monitor incoming waste loads for recoverable restricted materials and perform random inspections of refuse trucks tipping at their sites. If a waste load exceeds the acceptable level of restricted material, it is considered to have “failed.” Failed loads are either: 1) rejected or reloaded when containing significant quantities of recoverable materials; 2) accepted and separated for recycling; 3) accepted for disposal or transferred for disposal if materials are not recoverable. Once a waste load has been rejected, the waste generator or hauler may incur added costs in the form of a reloading charge at the original disposal facility or a charge for culling recyclables from the mixed waste. If your community or business does not recycle, your waste hauler may incorporate the risk of possible rejection into his or her service charges.
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DARP Criteria Effective July 1, 1999 – June 30, 2001
RECYCLING COMMITMENT AND ACCESS (Municipalities with drop-off refuse collection must meet A; municipalities with curbside refuse collection must meet B.) q
A. The municipality maintains a drop-off recycling program that is open year round for a minimum of 30 hours per week; or is open at least the same hours as the refuse collection center or local government offices. The program must include, at a minimum: • newspaper plus 2 other types of paper • glass, metal, and two types of plastic containers* B. The municipality offers a curbside recycling collection service year round, at least biweekly. The program must include, at a minimum: • newspaper plus 1 other type of paper • glass, metal, and one type of plastic containers
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COMPOSTING COMMITMENT AND ACCESS: The municipality must ensure that leaves and yard waste are not collected or disposed of with solid waste. Municipalities must also meet A, B or C.
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A. The municipality has a combination of weekly curbside and/or drop-off composting
programs for leaves and yard waste available to all residents April through November.
B. The municipality provides curbside collection of leaves and yard waste at least 4
weeks in the spring and 4 weeks in the fall, and offers drop-off composting or distributes home composting bins and "don't trash the grass" brochures in the summer.
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C. The municipality has enacted a by-law, ordinance or regulation, or has explicit waste
collection contract language, which mandates the source separation and composting of leaves and yard waste, and/or excludes them from collection.
PUBLIC EDUCATION AND PARTICIPATION: (Municipalities must meet A, B or C) q
A. The municipality conducts an annual mailing to residents promoting the recycling and composting program. In addition, the municipality either promotes participation through the media 4 times per year, or has enacted a mandatory recycling and composting bylaw(s), ordinance(s), or executive order(s). B. The municipality expends at least $0.25 per ton of refuse disposed, or $20,000 annually, to promote recycling and composting. Expenses may include the salary of a recycling coordinator, media announcements, public mailings subsidized by DEP grants, etc. C. The municipality has a unit-based pricing or trash sticker program.
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