Massachusetts has increased its waste diversion targets for commercial generators by changing the minimum amount of "organic waste" required to be recycled from 1 ton to .5 tons/week. Additionally, mattresses and textiles will no longer be allowed to go to landfills. Since Massachusetts has 600,000 discarded mattresses yearly and textiles represent > 75 percent of mattress content, this is a significant development. Furthermore, Massachusetts sends > 200,000 tons of textiles to the landfill every year. Therefore, it is imperative that property Owners become knowledgeable about waste-banning regulations in Massachusetts and address the largest issue related to recycling regulations and mandates—complying with regulations versus paying an environmentally responsible price. This article discusses Massachusetts recycling and waste-banning laws, the prohibited materials listed in those laws, how to comply with the laws, and affordable methods to comply with state laws without greatly increasing your operational expenses.
Understanding the Massachusetts waste banning laws
What does 310 CMR 19.017 cover?
CMR (Code of Massachusetts Regulations) 310 Chapter I, Section 19.017 is the law regulating waste banning in Massachusetts. According to 310 CMR 19.017, mass dep is authorized to create laws restricting or prohibiting the disposal of materials that could affect public health and/or safety or negatively impact the environment. 310 CMR 19.017 is designed to lengthen the lifespan of landfills and encourage recycling, reducing waste and reusing materials.
The regulations require waste generators and haulers to comply. When hiring a hauler, property Owners are liable if the hauler illegally disposes of banned materials. The regulations list prohibited materials. Prohibited materials include recyclables, yard trimmings, clean lumber, metals, concrete, asphalt pavement, bricks, glass, paper, corrugated cardboard, textiles, and food. MassDEP reserves the right to amend this list as deemed necessary.
The timeline of Massachusetts recycling regulations:
The first waste bans were established in Massachusetts in 1990. Initially, four types of materials were banned: lead-acid batteries, leaves, tires, and white goods. More bans were created throughout the decade. In 1992, aluminum cans and other metal and glass containers were banned. Paper products made of single-polymer plastic and recyclable paper were banned in 1994.
In the decade of the 2000s, more items were banned. Cathode ray tubes were banned in 2000. Brick, asphalt pavement, concrete, metal, and clean lumber were banned in 2006. Clean gypsum wallboard was banned in 2011.
Food and organic matter bans were created in 2014 for commercial generators producing greater than one ton of organic material per week. The state expanded further in November 2022 by adding mattresses and textiles to banned lists while reducing the commercial organic waste threshold from one ton per week to half a ton.
Residential vs. Commercial bans
While residential properties have the same banned materials as commercial properties, there is a major difference in enforcement and commercial organic waste tonnage requirements. Residential properties do not have an organic waste tonnage requirement for banned materials; however, commercial generators exceeding half a ton per week of organic material must divert that material from landfills. Commercial entities are also inspected more frequently. MassDEP conducts regular inspections at solid waste facilities to identify waste haulers and generators who fail to properly dispose of banned materials.
Materials that all property Owners are required to recycle
Organic material/food scraps
All commercial and institutional generators exceeding one-half ton of organic material per week must divert organic material from landfills. Organic material includes both edible food and vegetative debris generated from commercial operations. Large generators include food processors, wholesale food distributors, grocery stores, institutional food service providers, and larger restaurants. If you own a building that houses large tenants, you will need to evaluate whether those tenants meet the above criteria.
Disposal of mattresses and textiles
Effective november 1st, 2022, mattresses are banned from disposal in landfills. By definition, a mattress is any resilient enclosure that contains ticking intended for sleeping purposes along with any box spring(s). California king, king, queen, full, twin XL, and twin size mattresses are included in this ban. While full foam and latex mattresses-in-a-box are considered mattresses, soiled mattresses are exempt, including those containing mold, bodily fluids, insects, oils/hazardous substances. Mattress pads/toppers/sleeping bags/pillows/waterbeds/air mattresses without encasement material/futon/sofa bed mattresses are not regulated.
Clothing/textile bedding items regardless of condition (i.e., used/torn/stained), can still be recovered. Dry/clean textiles of any size must be diverted from landfills.
Construction/demolition materials
Six construction/demolition materials are banned from landfills. They are: asphalt pavement, brick/concrete/asphalt pavement/brick/metal/wood/clean gypsum wallboard. Wood/gypsum wallboard/burnt masonry materials were added to the list in 2006; cathode ray tube glass and CRT glass were banned in 2008. Separation of these six materials from other construction/demolition waste must occur on site or prior to being delivered to recycling centers for processing.
Tires/appliances
Entire tires are banned from landfills; however, combustion facilities can burn shredded tires. White goods are defined as household appliances including refrigerators/freezers/disposals/clothes washer/dryer/ovens/ranges and water heaters.
Compliance steps for property Owners
Conducting assessments of current waste generation:
An initial assessment will provide insight into what we currently generate; the effectiveness of existing reductions; identification of where efforts produce the greatest results; identifying recyclable/repurposed materials within our operation; establishing collection systems with recycling partners that significantly reduce landfill-bound volumes.
Calculating waste production across multiple processes/processes over time will reveal where excessive amounts of materials are being produced, which will help prioritize source reduction; determine recyclable/reusable materials within our operations; and cooperate with recycling partner companies after conducting an assessment to develop collection systems for waste reduction/landfill-bound volume reduction.
Contracting for recycling services which meet state standards:
Property Owners renting apartments can either contract for recycling collection or choose to self-haul to a transfer station. Apartment units located in commercial buildings cannot utilize city curbside recycling services. The owner of a rental apartment building bears responsibility for contracting for both trash/recycling collection services.
Recyclable/repurposed materials must be free from contaminants:
Plastic bags constitute contamination to recycling streams. Some cities require property Owners to complete exemption forms with the local health department demonstrating Compliance with recycling ordinances.
Educating tenants & employees regarding proper disposal methods:
Employees rarely understand what constitutes recyclable materials until educated. Establishing awareness of the positive effects of participating in recycling programs fosters a company-wide culture of commitment toward successful participation. Because new employees arrive, changes occur among recycling vendors' accepted materials, renovations affect the locations of recycling receptacles, and employees forget, continuous education programs must be developed and maintained.
Create clear signs on central containers indicating accepted materials:
Clearly sign all central containers indicating what types of materials are placed into designated containers. Provide educational literature/information regarding recycling options available in common areas (copy room/pantry/etc.); educate department heads/representatives of tenant organizations regarding recycling programs. During new tenant orientations, discuss recycling options provided by your building.
Documenting Compliance with regulations:
Subject Parties to regulation must maintain documentation for Compliance for five years and provide proof upon demand by Mass DEP. Documentation supports certifications filed and serves as proof of Compliance.
How to make Compliance affordable
Affordable options for managing recycling programs for multi-family properties:
Reducing disposal costs through managing and completing waste assessments can result in savings for multi-family property owners. Multi-family properties can achieve additional savings by utilizing smaller waste containers and less frequent pickups due to recycling, resulting in lower waste removal bills. Some haulers discount or waive recycling fees, while others include recycling at no additional Cost.
Negotiate with haulers to reduce dumpster size or modify compactors due to increased recycling volume:
To realize financial benefits from recycling programs, you must negotiate with your hauler to increase dumpster/container sizes due to increased recycling volume. Determining optimal container sizes requires time and helps create reasonable expectations.
Accessible municipal recycling programs
MassDEP provides seven municipal assistance coordinators providing technical assistance to municipalities for waste reduction/recycling planning as well as implementation. These coordinators may award grants for up to 80 hours of technical assistance via municipal technical assistance grant funding for waste reduction/recycling planning.
State tax benefits & incentives for compliant property Owners:
There are several tax benefits/state incentives for property Owners that participate in recycling programs in Compliance with state regulations. SMRP municipal grants fund local government initiatives for recycling/composting/organics reuse programs. The Recycling Dividends program pays municipalities that implement recognized waste reduction programs. The Closed Loop Fund provides $100 million in investment dollars for municipal recycling programs. The Recycling Loan Fund funds up to $500,000 in loan money for municipal recycling projects/initiatives.
Implement long-term waste management strategies:
Measuring/managing waste creates opportunities to improve business operations more efficiently, making it simpler to comply with regulatory requirements while decreasing employee confusion during Compliance procedures.
Conclusion:
Meeting Massachusetts state regulations governing recycling may appear daunting initially; however, compliance does not necessarily mean breaking your bank account. Identifying banned materials through conducting a waste assessment enables you to meet state standards as soon as possible. There are municipal programs available to individuals/Businesses that can help save you money while maintaining Compliance with state regulations; therefore, start your journey today by completing a waste assessment, educating your tenants, and taking advantage of state resources that assist you in making your recycling program Work economically for your property’s bottom line.
FAQs
Q1. Are there laws requiring people to recycle in Massachusetts? Yes, Massachusetts has strict waste bans that require specific materials not to be thrown into landfills.These requirements include all residential and commercial properties.They also include items such as: recyclables; organic waste; mattresses; clothing/textiles; building supplies/materials; used tires; and old appliances.Property owners are required to ensure that they are recycling/disposing of these banned materials appropriately.
Q2. Which materials are prohibited from going into the landfills in Massachusetts? Massachusetts prohibits numerous materials from being sent to the landfill.Examples include recyclable paper/cardboard; metal; glass; plastic (certain types); yard trimmings; clean lumber/wood; concrete/asphalt/concrete pavements; brick; mattresses; textiles/clothing; food scraps (specific business establishments); tires/appliances; construction waste/debris.Additionally, Massachusetts may expand upon this list as needed based on evolving environmental demands.
Q3. What is the organic waste threshold amount for Massachusetts-based businesses? Businesses/institutions that produce at least .5 tons (per week) of organic waste must take steps to divert this from landfills.This threshold was lowered from one ton in November 2022.Typically, businesses/companies that fall under this category include:food processing companies;large grocery stores;major restaurant chains/diners;institutional food service providers; etc...However, property owners who rent space to other parties/commercial tenants should evaluate if their rented spaces generate enough organic waste to meet the threshold.
Q4. Are contaminated mattresses allowed to go into the landfills in Massachusetts? Contaminated mattresses are exempted from the waste ban.Mattress contamination can occur through the presence of mold/bodily fluids/insects/oil/hazardous substances.Additionally, mattresses that are located inside futon/loft bed/sleeping bag/pillow/air mattress/upholstered futon or loft bed/sofa bed are NOT included within the waste ban.
Q5. How can property owners save money on recycling compliance? Property owners can save money on recycling compliance by:Conducting waste audits to determine optimal container sizes/pickup schedules;Negotiating with haulers to obtain cheaper rates for recycling services;Utilizing Municipal Technical Assistance Grant funds to access up to 80 hours of no-charge technical assistance/planning support;Applying for funding through State programs such as: SMRP Municipal Grants & Recycling Loan Program;Effective recycling programs often result in property owners having fewer trash containers, which ultimately leads to a reduction in overall waste removal costs.
MA Recycling/junk Removal Mandates | Blog Article | JunkUnderJunk | All Rights Reserved | Massachusetts
