Massachusetts Department of Environmental Protection Waste Ban Compliance

Massachusetts Department of Environmental Protection Waste Ban Compliance Training April 25 and May 10, 2006

Two Part Presentation • Mark Fairbrother – Review of Regulations – Mass. DEP Roles – Responsibilities of Solid Waste Facilities • Steve Long – Mass. DEP Initiatives related to Waste Bans

What are the “waste bans” ? • Waste bans are restrictions on the disposal, or transfer for disposal, of certain hazardous and recyclable wastes at solid waste facilities in Massachusetts • Started in 1991 • A critical component of the Commonwealth’s Solid Waste Master Plan Waste Bans 310 CMR 19. 017

Waste Ban Goals – Conserve capacity at existing disposal facilities – Minimize the need for new facility construction – Support the recycling industry by ensuring that large volumes of material are available on a consistent basis – Keep certain toxic substances and/or materials from adversely affecting our environment when landfilled or combusted

Prohibited from Disposal: Zero Tolerance Items – No lead acid batteries – No white goods – No whole tires (at landfills) – No CRTs • A load containing any of these restricted materials is a “failed load”

Prohibited from Disposal: Recyclable Items • Recyclable Paper (incl. OCC): 20% by volume • Leaves and Yard Waste (loose): 10% by volume or 20 bags/roll-off container, 10 bags/packer vehicle, 5 bags/dump or pickup truck • Glass, Metal, and Plastic Containers: 20% by volume or more than 5 in at least 3 of the 5 refuse bags opened for inspection A load containing prohibited materials above threshold is a “failed load”

Prohibited from Disposal: Construction & Demolition Debris (a so f 7 /1/ 0 6) 20% Cumulative by Volume: –Asphalt Pavement, Brick and Concrete –Metal (ferrous and non-ferrous metals derived from building materials, appliances, vehicles) –Wood* (treated and untreated wood, including wood waste) *except combustors

Other Restrictions • Hazardous Materials • Special Wastes • Operational Issues – depends on facility (e. g. carpet and SEMASS)

Mass. DEP Waste Ban Role • • Maintain/update guidance Review/approve facility waste ban plans Overseeing waste ban compliance Conduct enforcement activities

Focus of Today: Overseeing Waste Ban Compliance • Facility Inspections: Regular visits by Mass. DEP – determine compliance with the restrictions/plans – review facility records – gather information on repeat failed loads • Conduct Outreach – offer guidance to improve facility compliance – send the message that haulers & generators need to divert restricted materials

Facilities that Must Comply with Waste Bans • • Solid Waste Landfills Solid Waste Combustors Solid Waste Transfer Stations Construction and Demolition Processing Facilities

Solid Waste Facility Role • It is the responsibility of the waste facility operators to make sure that restricted materials are not transferred for disposal from their facilities or disposed of.

Solid Waste Facility Role (cont. ) • Submit/Implement a waste ban compliance plan – Conduct: • On-going waste monitoring of loads • Comprehensive load inspections – Keep records of all waste ban compliance activities – Follow-up with haulers responsible for failed loads – Communicate the waste restrictions to all users – Conduct staff training – Post signage

Solid Waste Facility Role (cont. ) • Submit Annual Report – Waste Ban Reporting

Facility Exceptions • Facilities Accepting only <5 Cubic Yards – Do NOT need to Conduct: • Comprehensive load inspections • Record keeping – Must conduct: • On-going monitoring • C&D Processing Facilities that routinely separate ABC, metal, wood for these materials ONLY

C&D Ban Exemptions • Disposal facilities will not be allowed to accept banned C&D materials for disposal. – exceptions – • Loads with < 5 cy capacity or loads from transfer stations only accepting loads < 5 cy • Loads containing 20% or less by volume cumulative total • Combustors will be exempt from the ban on wood • Transfer stations handling < 5 cy loads – Do not need to inspect for ABC and can send for disposal – Still need to monitor for other materials

Facility Response to Failed Loads • Failed Load Disposition – Failures: • Zero-tolerance • Recyclable Material – Expected Facility Reactions • Reject/Reload • Accept and Separate for Recycling • Disposal of unrecoverable recyclables

Facility Response to Failed Loads • Communication – Notify the driver – Send letter to: hauler (commercial/municipal) • Record-Keeping – Hauling company and truck number – Type and amount of material

Types of Mass. DEP Enforcement Findings • • Administrative Compliance Issues Failure to Have Plan in Place Failure to Update Plan Failure to Follow Plan Failure to Keep Monitoring Records Failure to Provide Required Letters Transfer/Disposal of Restricted Materials

Waste Ban Enforcement January ‘ 04 - July ‘ 05 • NONs – Incomplete record keeping – Disposal of restricted materials – Failure to conduct comprehensive inspections – Failure to distribute WB fact sheets • ACOPs – Inadequate training – Disposal of restricted materials

2004 Comprehensive Inspections Percentages of Failed Loads Source: Mass. DEP compilation of Annual Facility Reports

2004 Ongoing Monitoring Percentages of Failed Loads Mass. DEP compilation of Annual Facility Reports

Conclusions: Failed Load Data • Because facility puts in more effort during comprehensive inspections than on-going monitoring, they identify more failed loads, especially for recyclables

Waste Ban Resources Mass. DEP Web Page on Waste Disposal Bans: • mass. gov/dep/recycle/solid/regs 0201. htm

• Next speaker

Mass. DEP Waste Bans • Compliance and Enforcement • Generator Programs • Technical Assistance

Compliance and Enforcement Hauler/Generator Regulatory Basis • Waste ban regulations: “No person shall dispose, transfer for disposal, or contract for disposal of the restricted material…”

Compliance and Enforcement Hauler/Generator: Policy Basis • Key proposal in 2005 Master Plan revision • Recommended by many stakeholders – move away from end of the pipe approach • Continue to see large numbers of failed loads • STRONG MARKETS = cost effective diversion opportunities for most recyclables • Shift in waste reduction strategies

Compliance and Enforcement: Hauler/Generator Implementation • Conducted extensive outreach, including: – Letters to Solid Waste Facilities and Hauling Companies – Handouts for Solid Waste Facilities to provide to hauler/drivers – Press release to trade associations of solid waste industry and large scale generators • Provide information and assistance

Compliance and Enforcement: Hauler/Generator Implementation (cont. ) • Continue to inspect & enforce at solid waste facilities • Increase number of inspections

Compliance and Enforcement Potential Future Bans • Use waste bans to encourage new recycling & composting development • Potential future banned materials: commercial food waste, asphalt roofing shingles, gypsum wallboard • Process (2 -3 year process): – announce intention to ban – stakeholder involvement – develop markets – develop regulations – implement ban

Generator Programs Technical Assistance • Programs: – Municipal: Department Approved Recycling Program Standards (DARP) – Commercial: Supermarket Recycling Program Certification (SRPC) • Technical Assistance – Resources for Generators • both municipal and commercial

Generator Program: DARP Criteria • Municipalities meeting criteria exempt from comprehensive inspections for paper, containers, leaves & yard waste, but still subject to ongoing monitoring • 2004 criteria have been extended through June 2006 • New DARP criteria for July 2006 – June 2008 • DARP applications due June 15, 2006

Generator Program: SRPC (similar to DARP) • Mass. DEP MOU with the Mass Food Association • Supermarkets certify to Mass. DEP that they have certain reuse and recycling programs in place receive regulatory relief as well

Generator Program: SRPC • Waste bans added incentive to go beyond compliance • Starts July 2006 • Renew annually in July

Generator Program: DARP and SRPC Lists • Mailed to Solid Waste Facilities by Mass. DEP in July each year • SRPC updated continuously (rolling enrollment) • Check Mass. DEP web site for periodic updates

Desired Generator Reaction • Promote Behavior Change – Waste Reduction • Source Reduction • Reuse • Recycling

Technical Assistance: Resources for Generators Commercial Web Sites: • Mass. DEP Business Recycling Web Page: mass. gov/dep/recycle/reduce/assistan. htm. • Earth 911: earth 911 Business. com • Recycling Services Directory: wastecap. org/wastecap/RSD 2003/index. asp • Massachusetts Waste. Wise: epa. gov/wastewise • SRPC: mass. gov/dep/recycle/supermkt. htm

Technical Assistance: Resources for Generators • Mass. DEP Municipal Recycling Web Page: mass. gov/dep/recycle/reduce/assistan 1. htm • Earth 911: earth 911. org • Recycling Services Directory: wastecap. org/wastecap/RSD 2003/index. asp

Any Questions ? Contact info: Solid Waste Facilities: • Your DEP Region Hauler/Generator Enforcement: • Steve Long, Boston Phone: (617) 292 -5734 E-mail: stephen. long@state. ma. us