Inspection Requirements and

Management of Waste Ban Compliance

Inspection Data

John Fischer

Branch Chief, Commercial Waste Reduction

and Waste Planning

MassDEP

Environmental Business Council of New England

Energy Environment Economy

Inspection Requirements and Waste Ban Compliance Inspection Data

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Massachusetts Department

of Environmental Protection

What are the “waste bans” ? Waste bans restrict the disposal, or transfer for

disposal, of certain hazardous and recyclable wastes at solid waste facilities in Massachusetts

Started in 1991

310 CMR 19.017(3)(a): “No person shall dispose, transfer for disposal, or contract for disposal of the restricted material…”

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What are the “waste bans” cont…

Purpose: 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

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What are the “waste bans” cont…

Who do they apply to? 310 CMR 19.017(3)(a): “No person shall dispose,

transfer for disposal, or contract for disposal of the restricted material…”

Permitted Facilities

Haulers

Generators

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Upcoming Changes Addition of commercial organics material

Effective October 1, 2014

Changes to action levels in waste ban guidance

Expanded 3rd party inspections for other facilities*

*180 days after reg. change –expected date 8/14/14

Other 3rd party inspection requirements

Permitting changes: transfer stations, post closure uses, special waste approvals

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Banned Material Categories * Zero Tolerance Items

Batteries Cathode Ray Tubes White Goods

Materials with Action Levels Recyclable Paper Glass, Metal, Plastic Containers Leaf and Yard Waste Asphalt Pavement, Brick, Concrete, Metal and Clean Gypsum

Wallboard Commercial Organic Material*

*Tires and Wood can be accepted at the discretion of MWC facilities *Effective date of October 1, 2014

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Banned Materials – Zero Tolerance Items

- Batteries Lead-acid batteries used in motor vehicles or

stationary applications. - Cathode Ray Tubes

Any intact, broken or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes

- White Goods Appliances employing electricity, oil, natural gas or

liquefied petroleum gas to preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items. These typically include refrigerators, freezers, dishwashers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters.

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Banned Materials Current Action Level Items (purposed changes)

- Recyclable Paper 20% or more (changing to 10% or more)

All paper, cardboard, and paperboard products (EXCEPT tissue paper, toweling, paper plates and cups, wax-coated cardboard and other low-grade paper products which become unusable to paper mills as a result of normal intended use)

- Glass, Metal, Plastic Containers 20% or more (changing to 10% or more)

- Glass: Glass bottles and jars (soda-lime glass). The ban does not cover light bulbs, Pyrex cookware, plate glass, drinking glasses, windows, windshields and ceramics

- Metal: Aluminum, steel or bi-metal beverage and food containers

- Plastic: All narrow neck plastic containers

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Banned Materials – Current Action Level Items - Leaves and Yard Waste 10%

- Leaves: Deciduous and coniferous leaf deposition

- Yard Waste: Grass clippings, weeds, garden materials, shrub trimmings, and brush 1” or less in diameter (excluding diseased plants)

- Construction & Demolition Materials 20% - Asphalt Pavement, Brick and Concrete: Asphalt pavement,

brick and concrete from construction and demolition of buildings, roads, bridges, and similar sources

- Metal: Ferrous and non-ferrous metals derived from used appliances, building materials, industrial equipment, vehicles, and manufacturing processes

- Clean Gypsum Wallboard: gypsum wallboard that is not contaminated with paint, wallpaper, joint compound, adhesives, nails, or other substances after manufacture.

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Banned Materials – Current Action Level Items Combined banned materials - none presently

(changing to 30% or more)

Commercial Organic Material (action level will be 10% or more)

Commercial loads only

Identify loads with > 10% material regardless of source

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Purpose of Waste Ban Compliance Professional ‏

Monitor and Record Waste Ban Compliance by Haulers and Generators

Provide independent observation of waste loads arriving at facilities

Assessment of noncompliance and need for sector specific compliance assistance programs by MassDEP

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Third Party Inspection Requirements Class II Recycling Program – 310 CMR 19.300

Already in place, not changed by recent amendments

310 CMR 19.018

Facility operation & maintenance inspections

Waste ban compliance inspections for others

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Waste Ban Third Party Inspector Qualifications Register with MassDEP File updated qualifications statement every two years Complete MassDEP waste ban training requirements Can be removed from list

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Waste Ban Compliance Professional Hauler Generator Load Inspections Current/Continuing requirements for waste to energy facilities

10 Random Inspections per Facility per quarter

Unannounced to the Facility

Inform DEP Regional Solid Waste Section Chief & Boston

Visual monitoring of all loads during all hours while facility is receiving waste

Account for non-receiving days downtime

Need to get these dates from the facility

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Waste Ban Compliance Professional Inspection Frequency Exempt if only take loads of 5 cubic yards or less

At an active solid waste landfill: at least once in every two-month period, with at least 20 days between consecutive inspections

At all handling facilities other than C&D processing facilities:

<50 tpd at least once a calendar year, with at least four months between inspections

>50 tpd at least twice a calendar year, with at least two months between inspection.

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Waste Ban Compliance Professional Hauler Generator Load Inspections Purposed Frequency

At C&D processing facilities at least once every two months with 20 days between consecutive inspections

At combustion facilities at least once every two-month period with 20 days between consecutive inspections

Other than those covered under 310 CMR 19.300

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Waste Ban Compliance Professional Hauler Generator Load Inspections Minimum loads to inspect

Permitted to accept from 1-99 tpd, four vehicle loads

Permitted to accept from 100-299 tpd, eight vehicle loads

Permitted to accept from 300-499 tpd, 12 vehicle loads

Permitted to accept form 500-999 tpd, 16 vehicle loads

Permitted to accept 1000 or greater tpd, 20 vehicle loads

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Inspection Procedure Pre-Inspection

Review Facility Waste Ban Compliance Plan Review MassDEP Waste Ban Facility Guidance

(enclosed) Notify Regional SW Section Chief / Boston of your

inspection

Day of Inspection Check in with Facility Recording Failed Load Observations Document Load Inspection Data

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Facility Check-in Upon arrival, notify facility that the day was selected

for random load inspections. Presence on floor during receiving hours

Need to gather hauler and generator info from ALL failed loads, where possible… In extremely busy periods, make more immediate decision on

load compliance status so as to reduce impact on facility.

Communication Spreading loads that are questionable

Photographic evidence of failed load

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Facility Floor Observations Observe all loads:

Zero Tolerance Items

Recyclable (waste ban) Materials easily identifiable above action level

Track failed loads on inspection sheet

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Failed Load Data Two types of data

Facility Data

Scale house data

Ongoing monitoring data

Waste Ban Compliance Professional Data

Similar to ongoing monitoring data

Weigh Slips – SCALE TICKET NUMBER

Photographs

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Failed Load: WBCP Information Gathering Record Scale House Ticket Number Record Truck Information

Hauler Truck Number Hauler Container Number (if any)

Estimate and record Waste Ban material in load Record Comments

i.e. box trucks, other trucks, office paper vs. OCC, container types, C&D material,

• GET GENERATOR INFORMATION Generator Name, and Generator Location

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Digital Photographs

Truck:

Identifying Information

Load:

Clearly show percentage of material

Photograph Frame

Several angles, Whole load, Close-ups

Connection to Generator

Mailing labels and/or Company logos

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Documenting Photos

Photo Files

Need Scale Ticket Number for each failed load “sequence” of photos

Need total # of photos for each failed load

Save file as “SCALETICK_NUM” + number photo

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Inspection Expectations Positioning

able to view loads without interfering with flow of vehicles,

able to estimate waste ban materials Observe all loads Record all failed loads Spread out questionable loads Failed loads are documented with the

following: Failed load inspection sheet Photographs Data entry

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Reports Cover letter (DEP form) with signature ETS Data – specification revision is 6/28/11 Comparative Analysis Photographs Digital Media (CD or other method approved by MassDEP) Submit to facility to submit to MassDEP Provide to MassDEP upon request

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Additional Information

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• MassDEP Facility Guidance for Waste Bans

• Available online at:

http://www.mass.gov/eea/agencies/massdep/recycle/regulations/waste-

disposal-bans-lc.html

• (will be updated mid-February)

• Waste Bans Regulations on MassDEP website

• Available online at:

http://www.mass.gov/eea/agencies/massdep/recycle/regulations/310-

cmr-19-00.html

Questions ? John Fischer (617)292-5632 john.fischer@state.ma.us Colleen Ferguson (617)292-5557 Colleen.ferguson@state.ma.us

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