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Update on Solid Waste & Asbestos Initiatives. 2014 MHOA Regional Seminars. Recent History. 2010 – Legislation eliminated MassDEP’s role in site assignments & permits for small transfer stations and expanded BOH role Started a workgroup on implementation

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recent history
Recent History
  • 2010 – Legislation eliminated MassDEP’s role in site assignments & permits for small transfer stations and expanded BOH role
    • Started a workgroup on implementation
  • 2011 – Legislation reversed course, restored MassDEP and BOH roles
  • 2011 – MassDEP started initiative to divert organics from waste and establish rules for anaerobic digesters
  • 2012 - SW Regulation Reform Initiative started
  • 2013 – Final 2010-2020 Solid Waste Master Plan published
recent initiatives
Recent Initiatives
  • Site Assignment Regulations
    • Final rules issued 11/23/12
  • Solid Waste Regulation Reform
      • Final rules issued 2/14/14
  • Organics Waste Ban
    • Final rule issued 1/31/14
  • Waste Ban Enforcement
  • Asbestos Regulation Reform
    • Final rules now being reviewed by senior managers, expect to publish in Spring 2014
1 implementing 2013 site assignment regulations
1. Implementing 2013 Site Assignment Regulations
  • General Permit certification forms now available
    • Initial certifications for new facilities
    • Annual reporting and certification form for operating facilities
  • Application form for Recycling, Composting & Conversion (RCC) Permit now available
  • MassDEP has issued several RCC permits to date
2 solid waste regulation reform
2. Solid Waste Regulation Reform

Four major areas of changes:

  • Transfer Station permit streamlining - for transfer stations that do not handle C&D waste
  • New presumptive approvals
  • ‘Third-Party” Inspections – expansion and formalization of third party inspection requirements
a transfer station permit streamlining
A. Transfer Station Permit Streamlining
  • New transfer stations or significant tonnage increases:
    • Use similar process as now:
      • Site assignment from local BOH
      • File permit application
      • MassDEP reviews application and issues a permit and an Authorization to Construct (ATC) at same time
    • What is different?
      • Once facility is constructed, file a Certification prior to operation (in place of an Authorization to Operate)
transfer station certification
Transfer Station Certification
  • Existing Transfer Stations
    • File a certification under transition rules
    • Certification must address:
      • Compliance with the existing permit
      • Information relative to any modifications that may have been made since the last certification
      • Identify all valid/applicable permits (Facility permit, ATC, ATO, modifications, etc.)
transfer station certification1
Transfer Station Certification
  • Modifications to Transfer Stations That are Not Expansions
    • New certification required
    • No application or up-front MassDEP approval required
b presumptive approvals
B. Presumptive Approvals
  • Applies to:
    • Post-closure uses not on the cap of a landfill
    • Listed Special Wastes
  • Application must be submitted to MassDEP and BOH 45 days before starting activity
  • BOH can comment to MassDEP within 45 day period
  • MassDEP may request further information or deny in that 45 day period, otherwise permit proceeds
  • Within 45 days of completion of modification, applicant submits as-built plans, unless no physical modifications made
post closure uses
Post-Closure Uses:
  • Post-closure uses on a landfill cap (final cover) requires an upfront MassDEP post-closure use permit
  • Post-closure uses not located on the landfill’s cap or post-closure uses at any other type of solid waste facility requires a Presumptive Approval submission
special wastes
Special Wastes
  • Presumptive approval for management of listed special wastes
    • Asbestos waste, medical and biological waste (infectious waste) and sludges
  • No approval required for other wastes provided:
    • Complies with facility’s site assignment, permit, and other relevant local, state or federal approvals
    • Does not result in adverse impacts to the public health, safety or the environment and does not create a nuisance
c 3 rd party inspections
C. 3rd Party Inspections
  • Goals:
    • Increase oversight of solid waste facilities or activities
    • Support compliance
    • Decrease likelihood or duration of deviations and potential adverse impacts on the environment
3 rd party inspections apply to
3rd Party Inspections Apply to:
  • Operations and Maintenance activities at all solid waste management facilities
  • Waste Bans at solid waste facilities
  • Rep0rting Requirements and Procedures at solid waste facilities
3 rd party inspection reports
3rd Party Inspection Reports:
  • Frequency of submittals varies by type of facility
  • Reports must be submitted by the facility owner to:
      • MassDEP
      • Local BOH
3rd party inspector qualifications procedures
3rd Party Inspector:Qualifications & Procedures
  • MassDEP will create and maintain list of registered 3rd party inspectors
  • To register an individual must submit a certified Qualifications Statement
    • meet minimum academic and professional requirements
  • A municipal employee can inspect the town’s facility if he/she works for a different department
3 organics waste ban
3. Organics Waste Ban

Why ban disposal of organic waste?

  • Food waste and other organics >25% of disposal in Mass. > 1 million tons per year
  • Can digest for energy and/or compost to produce soil amendments/fertilizers
  • Provides management solutions for dairy manure & wastewater residuals
  • Provides cost effective materials management for businesses/institutions
  • Reduces reliance on disposal capacity
organics action plan
Organics Action Plan
  • Developed with input from a broad group of stakeholders
  • Focused on 2020 goal – diverting 350,000 additional tons annually
  • Comprehensive, integrated set of strategies:
    • Data Analysis
    • Collection Infrastructure
    • Processing Capacity/Market Development
    • Regulatory Reform/Waste Ban
current organics management capacity
Current organics management capacity
  • Composting – farms and small commercial sites – about 30 locations
  • Pig farms/animal feed
  • On-site systems
  • Estimated 1,000 businesses/institutions now diverting food waste – includes 300 supermarkets
  • Recent growth in organics hauling services
new organics waste ban rule
New Organics Waste Ban Rule
  • Ban on disposal of commercial organic material in solid waste takes effect October 1, 2014
  • Does not apply to management in wastewater
  • Covers commercial/institutional generators if they dispose > 1 ton/week
  • Estimate – 1,700 businesses/institutions subject to the ban
  • Does not cover residences or small businesses
options for compliance
Options for Compliance
  • Reduce food waste
  • Donate
  • Process on site (dehydrators, pulpers, composting, small scale AD, etc.)
  • Send to farm for animal feed
  • Send to anaerobic digestion or composting
  • Find help at: http://www.recyclingworksma.com/commercial-organics-waste-ban/
bmps for collecting organics separated by commercial generators
BMPs for Collecting Organics Separated by Commercial Generators
  • Best Management Practices for collecting and storing source-separated organic material now available for health agents.
  • Guidance covers:
    • Kitchens
    • Haulers
    • Storage area maintenance
  • Recycling Works web site: http://www.recyclingworksma.com/local-health-department-guidance-for-commercial-food-waste-separation/
4 new waste ban enforcement
4. New Waste Ban Enforcement

Specific recyclable materials are banned from disposal:

  • Asphalt Pavement, Brick & Concrete
  • Cathode Ray Tubes
  • Clean Gypsum Wallboard
  • Commercial Organic Material (NEW!)
  • Ferrous & Non-Ferrous Metals
  • Glass & Metal Containers
  • Lead Acid Batteries
  • Leaves & Yard Waste
  • Recyclable Paper, Cardboard & Paperboard
  • Single Resin Narrow-Necked Plastics
  • Treated & Untreated Wood & Wood Waste (Banned from Landfills Only)
  • White Goods (Large Appliances)
  • Whole Tires (Banned from Landfills Only; Shredded Tires Acceptable)
why target banned materials now
Why Target Banned Materials Now?
  • Issue was identified in pre-Solid Waste Master Plan discussions
  • About 40% of materials disposed are waste ban materials
compliance strategy overview
Compliance Strategy Overview
  • Guidance Changes
    • Lowered action levels
  • Use third party data to conduct outreach and target inspections
  • More MassDEP waste ban inspections (3 new inspectors hired in 2013)
  • Assistance is available for generators from RecyclingWorks in Massachusetts
cy 2013 inspections
CY 2013 Inspections
  • Conducted 100+ waste ban inspections
  • Conducted about 60 inspections October-December
  • Seeing average of 15 loads/inspection
  • Number of loads inspected will rise as we focus more on larger, more active facilities
  • Expect to conduct about 240 inspections/year and observe > 5,000 loads
cy 2013 enforcement
CY 2013 Enforcement
  • Issued 75 enforcement actions
    • 72 notices of non-compliance (NONs)
    • 3 higher level enforcement actions
    • 60 to generators, 15 to haulers
  • Also sent 85 generator letters
    • Based on facility data, complaint, or lower levels of banned materials observed
  • Sent 280 letters based on third party reported data
  • About 170 Recycling Works hotline/email requests (July-December)
banned materials observed
Banned Materials Observed
  • Approximately 1 in 5 loads require follow-up
    • Either enforcement or letter
  • Most enforcement for cardboard
  • Have also issued enforcement for:
    • Bottles and cans
    • CRTs
    • Leaves and yard waste
    • Wood
next steps
Next Steps:
  • Continue to conduct inspections
  • Conduct outreach
  • Implement regulatory reform regulations (more 3rd party inspections)
  • Review and approve new facility waste ban plans
  • Implement lower action levels at facilities
5 asbestos regulatory reform
5. Asbestos Regulatory Reform
  • Expect to publish final rule in early Spring 2014
  • What’s new for demolition and renovation projects?
  • Pre-construction survey required to identify ACM
  • Notification Exemptions:
    • Small amounts of exterior cement shingles, siding & panels
    • Homeowners working on non-friable ACM at their own single-family house (as long as ACM stays non-friable)
    • “Incidental” Maintenance jobs
    • Clarify: Waivers of 10-day advance notification requirement available for:
    • State or local ordered demolitions for structurally unsound facilities that may collapse
    • Emergency renovation operations – sudden unexpected events
what s new for demolition renovation projects
What’s new for demolition & renovation projects?
  • Blanket Notifications: On-going work involving ACM over a 12-month period
  • Tailored work practices for specific types of common ACM
  • New permits for “Non-Traditional Asbestos Abatement Work Practices”
what s new for massdep s asbestos regulation
What’s new for MassDEP’s asbestos regulation?
  • Asbestos-Containing Waste Material:
    • Shipping records (MassDEP form) required
    • “Missing” shipments must be found
  • Clarification: material containing <1% asbestos:
    • Identify material in pre-construction survey
    • ACWM = material containing any amount of asbestos (< AND > than 1%)
    • Material containing < 1% asbestos mixed with non-asbestos C&D debris: all must be handled as ACWM
    • Keep asbestos out of solid waste