State Waste Bans: 
Impacting How Waste is Handled at Your Business

Last fall, we informed our readers of the increasing enforcement of the Massachusetts waste bans.  We would now like to take the opportunity to describe the status of this enforcement initiative and the state efforts to assure business compliance.

Since 1990, Massachusetts has phased in solid waste regulations (the “waste bans”) that restrict the disposal, or transfer for disposal, of nine recyclable and hazardous materials.  All solid waste destined for a Massachusetts solid waste disposal facility (i.e., landfill, incinerator, transfer station) is monitored for the presence of banned materials at the facility. 

Last summer, the Massachusetts Department of Environmental Protection (DEP) launched a waste ban enforcement initiative to help boost the state’s recycling rate.  Four personnel were hired and trained to inspect solid waste facilities for compliance with waste bans.

To date, these waste ban inspectors have conducted over 250 inspections of landfills, incinerators, and transfer stations and have issued approximately 30 enforcement actions against the facilities.  The violations range from keeping inadequate records to dumping recyclables that had been properly sorted by the generators.

Although the waste bans specifically regulate solid waste facilities, they impact how waste will have to be handled at your business.  The waste ban enforcement initiative also focuses on changing the behavior of waste generators, including businesses and institutions, so they keep recyclables out of their trash.  This is being accomplished by:

·        Requiring solid waste disposal facilities to communicate with haulers when they deliver unacceptable quantities of banned material and encouraging them to work with their customers to start recycling.  For example, a hauler contracted by a municipality was cited by an incinerator for having unallowable amounts of leaves in its trash loads.  Soon thereafter, the hauler stopped tossing leaves in the trash truck and left them at the curb for the yard waste collection.

·        Encouraging facilities to charge haulers or generators a surcharge for waste containing too much banned materials.  Recently, a central Massachusetts manufacturer started recycling corrugated cardboard because it was being charged extra handling fees for disposing this banned material.  Originally, the waste it was delivering to a landfill contained 50-80% corrugated cardboard.  These loads were then diverted to another facility where the cardboard was picked out.

·        Identifying and contacting the generator to provide technical assistance.  Utilizing records maintained by facilities, DEP has started identifying generators who repeatedly deliver trash containing too many recyclables.  These generators receive a letter from DEP explaining the waste bans, notifying them that their waste contains unacceptable amounts of banned material, and telling them to contact their hauler or WasteCap for assistance with establishing a recycling program.  DEP staff recently worked with a transfer station, hauler, and food processor to establish a metal can recycling program.  Until then, the processor had been sending up to three roll-offs a week of metal cans to the transfer station for disposal.

If your business or institution has further questions about how the Commonwealth’s waste bans effect you and how to comply, contact WasteCap for assistance.

RETURN TO THE WASTE BAN INFORMATION PAGE

Joanne Bissetta is a Solid Waste Planner with the Massachusetts Department of Environmental Protection

WasteCap of Massachusetts
68 Hopkinton Road
Westboro, MA 01581

Phone: 781-679-2176
 Fax: 978-703-1285
wastecap@wastecap.org