BEST PRACTICES FOR MUNICIPALITIES DEVELOPING PRIVATE HAULER REGULATIONS

R3 Conference March 27, 2017Kathi Mirza, MassDEP Municipal Assistance Coordinator

Making Waste Reduction a PriorityGoalsProcessResultExtra Benefits

OVERVIEW

Making Waste Reduction a Priority

310 CMR 19.000 Solid Waste Management

Aims to prevent pollution, maximize material reuse and conserve natural resources by ensuring the proper handling, transfer, processing and disposal of solid waste.

Describes and defines procedures, permitting, operational standards for landfills, transfer stations, and recycling.

Appoints Boards of Health Local Approving Authority for all things solid waste in your community.

Waste Reduction and Public Health Stink, vermin and associated diseases cause by decaying organic material Trucks collecting trash, recyclables, food can leak, spill and contribute to excess waste generation. Adverse impacts landfills can have on aquifer Adverse impacts incinerated trash can have on air

quality Methane gas production from buried organic waste - 21x

more heat trapping than CO2 Energy used to manufacture products from raw material

is greater than for recycled products.

MA Waste Bans310 CMR 19.017Waste which is banned from disposal, incineration or transfer for disposal at a solid waste disposal facility•Lead Batteries (1990)•Leaves (1991)•Tires (1991)•White Goods (1991)•Other Yard Waste (1992)•Aluminum Containers (1992)•Glass and Metal Containers (1992)•Recyclable Paper (1994)•Plastic Containers (1994)•Cathode Ray Tubes (2000)•Asphalt, Brick and Concrete (2006)•Metal (2006)•Wood (2006)•Clean Gypsum Wall Board (2012)•Commercial Organic Material (2014)

Look What’s Still In the Trash…

Data from 2011Waste Characterization Study conducted at a waste combustor in MA.

About half of solid waste disposed could be recycled or composted.

Recycling access for all. Bring recycling to unserved populations. Condos, apartments, mobile home parks, residents who don’t use municipal transfer station or curbside program, plus businessesEnsure compliance with the Waste Bans. Support haulers/ create level playing fieldAll parties have a responsibility to make this work. Provide a package that is both effective and enforceable. Includes waste generators, haulers, and municipality.

Goals

Tool For Interested Municipalities

Under MGL, local boards of health have the authority to regulate private haulers operating in their communities.

More effective tool when harmonized across municipalities.

Easier for residents and business to understand, improve participation.

Current Snapshot Health Directors started requiring haulers to

comply with MA DEP Waste Bans in order to be permitted

162 municipalities in MA report having a Private Waste Hauler policy in place Some outdated Some challenging to enforce

Officials request that MassDEP provide a “model” or “template” as they update or adopt new regs.

2015: Develop guidance on Best Practices for municipalities developing Private Hauler Regulations Enlist Consultant to craft a package with sample language. DSM Environmental Services was contracted to assist Idea: Create tool for municipalities- guidance on key issues to address with sample language, menu to choose from.MACs compile variety of “best muni regs” from across the state.DSM drafts “model” guidance based on these regs and their vast experience.

Process

Share Draft with Stakeholders Listen: Two Stakeholder

meetings Sept 2016 to share draft with industry and health officials: 120+ attend and offer

feedback, lots of give and take

Revise draft based on key issues discussed and common themes

Listen again: Small meeting with haulers, munis, and DEP to review and discuss

DSM/MACs/MassDEP further refine and finalize

What We Heard...Loud and Clear

BOH Makes Recycling Mandatory for ALL BOH Makes Recycling a Permit Requirement

and Helps Enforce Mandatory Recycling for Generators

Haulers Offer Recycling as part of a “Bundled” Service

Haulers and Muni Help Educate Customers

Best Practices for Municipalities Developing Private Hauler Regulations“Package” includes: General Language Template Optional Language Permit Application Annual Solid Waste and Recyclables Reporting Form Recycling Service Exemption Form for Commercial

Generators Waste Ban Fact Sheet for Customers

Result

Common PurposeEnsure the Massachusetts Waste Ban regulations are uniformly adhered to, and that the playing field for collection of Solid Waste and Recyclables is level for all private haulers. This should ensure that: The environmental benefits of recycling are maximized; There is joint enforcement of the Waste Ban requirements by the

municipality and all Private Haulers operating within the municipality; There are fair and equitable rules for all Private Haulers operating in

the municipality; All residents and businesses have convenient (parallel) access to

recycling collection services; All haulers permitted to operate in a municipality are in compliance

with state regulations (310 CMR 19.017); and, There is greater consistency across municipalities to promote clear

operating guidelines for haulers. Municipalities and haulers work together to support the goals of the

Solid Waste Master Plan and the Global Warming Solutions Act.

Key Elements Define Residential and Commercial Customers Mandatory Recycling for All Generators Bundled Service

Provide Residential Customers with SW and Recyclables collection at a rate that reflects cost of both services.

Collect SW and Recyclables from Commercial Customers unless proof of separate recycling services

Include some “teeth” such as fines in addition to the option of non-renewal.

Require data in renewals to ensure recycling is happening.

Optional Language Food Waste Hauler

regulations Transfer station

operation regulations Labeling of vehicles

and/or containers Enforcement of

Mandatory Recycling for Customers

And more…

Sample Forms

It Takes 3…

Partnership between municipality and haulers: communication and shared responsibilities to ensure compliance, effectiveness without excessive burdens.Waste generators must be responsible for their discards.

Muni

cipal

ity Customer

Hauler

Or 4: Grants and Assistance

Help is here: Technical Assistance from your MAC

Qualify for Recycling Dividends Program (RDP)

Kathi MirzaMassDEP Municipal Assistance Coordinatorkmirza@taunton-ma.gov508-821-9469

Or Your MAC: http://www.mass.gov/eea/agencies/massdep/recycle/reduce/massdep-municipal-assistance-coordinators.html

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