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

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

3. 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

4. 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

5. 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”

6. 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 the threshold is a “failed load”

7. Prohibited from Disposal: Construction & Demolition Debris 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 (as of 7/1/06)

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

9. MassDEP Waste Ban Role Maintain/update guidance Review/approve facility waste ban plans Overseeing waste ban compliance Conduct enforcement activities

10. Focus of Today: Overseeing Waste Ban Compliance Facility Inspections: Regular visits by MassDEP –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

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

12. 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

13. 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

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

15. 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

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

17. 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

18. 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

19. Types of MassDEP 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

20. 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

21. Source: MassDEP compilation of Annual Facility Reports 2004 Comprehensive Inspections Percentages of Failed Loads

22. MassDEP compilation of Annual Facility Reports 2004 Ongoing Monitoring Percentages of Failed Loads

23. 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

24. Waste Ban Resources MassDEP Web Page on Waste Disposal Bans: mass.gov/dep/recycle/solid/regs0201.htm

25. Next speaker

26. MassDEP Waste Bans Compliance and Enforcement Generator Programs Technical Assistance

27. 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…”

28. 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

29. 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

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

31. 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

32. 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

33. 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

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

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

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

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

38. Technical Assistance: Resources for Generators Commercial Web Sites: MassDEP Business Recycling Web Page: mass.gov/dep/recycle/reduce/assistan.htm. Earth911: earth911Business.com Recycling Services Directory: wastecap.org/wastecap/RSD2003/index.asp Massachusetts WasteWise: epa.gov/wastewise SRPC: mass.gov/dep/recycle/supermkt.htm

39. Technical Assistance: Resources for Generators MassDEP Municipal Recycling Web Page: mass.gov/dep/recycle/reduce/assistan1.htm Earth911: earth911.org Recycling Services Directory: wastecap.org/wastecap/RSD2003/index.asp

40. 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