Bm ps for hauler regs r3 final 3 20-17
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2017 R3 Conference - BMPs for Municipalities Developing Private Hauler Regulations
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Bm ps for hauler regs r3 final 3 20-17
- 1. BEST PRACTICES FOR MUNICIPALITIES DEVELOPING PRIVATE HAULER REGULATIONS R3 Conference March 27, 2017 Kathi Mirza, MassDEP Municipal Assistance Coordinator
- 2. Making Waste Reduction a Priority Goals Process Result Extra Benefits OVERVIEW
- 3. 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.
- 4. 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.
- 5. MA Waste Bans 310 CMR 19.017 Waste 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)
- 6. Look What’s Still In the Trash… Data from 2011Waste Characterizatio n Study conducted at a waste combustor in MA. About half of solid waste disposed could be recycled or composted.
- 7. 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 businesses Ensure compliance with the Waste Bans. Support haulers/ create level playing field All parties have a responsibility to make this work. Provide a package that is both effective and enforceable. Includes waste generators, haulers, and municipality. Goals
- 8. 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.
- 9. 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.
- 10. 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 Process
- 11. 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
- 12. 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
- 13. 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
- 14. Common Purpose Ensure 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.
- 15. 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.
- 16. Optional Language Food Waste Hauler regulations Transfer station operation regulations Labeling of vehicles and/or containers Enforcement of Mandatory Recycling for Customers And more…
- 17. Sample Forms
- 18. 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.
- 19. Or 4: Grants and Assistance Help is here: Technical Assistanc e from your MAC Qualify for Recycling Dividends Program (RDP)
- 20. Kathi Mirza MassDEP Municipal Assistance Coordinator kmirza@taunton-ma.gov 508-821-9469 Or Your MAC: http://www.mass.gov/eea/agencies/massdep/recycle/reduce/massdep -municipal-assistance-coordinators.html Contact
Editor's Notes
- INTRO Hope to fulfill Debbie’s wish list with this new package designed to support municipalities working to update or create new regulations that support increased recycling in the community. Many communities in MA like Plainville looking for support as they update with the intention that they can be effective and enforceable.
- Review: little history about why doing this and role of muni health departments Process we too to create BMPs for munis Fruit of our efforts
- Public health issues related to how we manage our waste Want to enact sound policies and practices to minimize negative impacts
- Catalyst for many municipal and commercial recycling programs.
- These waste characterization studies are done every 3 years and while there is some variation by facility or season, the bottom line is clear: About half of what we dispose of as trash could be recycled or composted. ALSO consider GHG impacts of our wasteful practices Source: Opportunities to Reduce Greenhouse Gas Emissions through Materials and Land Management Practices 29 percent of U.S. greenhouse gas emissions result from the provision of goods produced within the United States. The provision of food contributes another 13 percent of U.S. greenhouse gas emissions. Traditional “waste” management represents 1 to 5 percent of U.S. greenhouse gas emissions We can and need to do better. One practice communities can employ is to develop policies that provide expanded access to services that reduce waste and support recycling. From 2011 waste characterization study at Wheelabrator Milbury
- WE CAN DO BETTER EXPAND access to recycling services Municipal officials often reach out to my colleagues and me for assistance as they work to expand recycling services to residents and businesses that are not part of the municipal program. For communities with municipal transfer stations, they are sometimes competing with private haulers who provide curbside collection to customers. In other communities, there may be apartments or condos or businesses that are not served by the municipal program, but who wish to have recycling services. Many PAYT communities are competing with private haulers who collect only trash and don’t offer recycling. Review GOALS Burden can’t be placed solely on one entity, but rather, all stakeholders need to Get On Board
- It’s HUMAN NATURE to seek out the path of least resistance…true for most people. Partly perceived as a hassle, or because “no one is making me do it.” But we all know that speed limits and seat belts save lives even if no one is watching. Look at how we can close loopholes, and get everyone on the same page. Under MGL, local boards of health have the authority to regulate private haulers operating in their communities. Bylaws or ordinances are tools available to municipalities as well. MGL 111 Section 31A states that all haulers --removing or transporting garbage in any city or town--shall be permitted. Many have gone through this process….(next slide) Lots of munis already have regs on the books but some find them challenging to enforce. # munis in my district with haulers regs on the books: 16 162 municipalities in the db that have a policy in place 86 of the policies are on file with MassDEP 55 have a bundled service requirement 42 municipalities claim that they actively enforce Effort through this process to provide language that munis can use to harmonize efforts across communities, supporting haulers who provide services, easier for customers to understand and participate.
- What we know Munis asking MACs /DEP for assistance from all corners of the state Constant effort to ID “good language” from various muni docs Starting from scratch, again and again
- IDEA: help ID key elements for effective regs/bylaws/ords Sample language, menu for munis to choose. Underscore best practices for success DSM: (they developed Model Contract for MassDEP 20+ years ago).
- Many munis eager to get results. Patient as we work through this process that involved many stakeholders GOOD STARTING POINT FOR MUNIS embarking on this path
- In the Gen’l Language Template: Solid Waste and Recycling services must be provided by the same hauler unless otherwise pre-approved by the Board of Health. The Hauler may itemize the invoice to clearly show the cost of Recycling collection contained in the bundled service. Some may choose to make Bundled Service a requirement only for “Residential Customers” but, if so, include all multi-family residences. 162 municipalities in the db that have a policy in place · 86 of the policies are on file with MassDEP · 55 have a bundled service requirement (55 with a bundled service requirement implies that those all require recycling at least.)
- Can be used as a starting point, customize as you see fit Permit Application Form: Fee per company (Haulers mentioned at last fall’s meetings), what materials collected and where delivered, insurance certificates, compliance with WBs Annual Reporting Form: Tonnages collected in previous year, commercial customers with trash only service or recycling only service, for follow-up by the BoH. Recycling Service Exemption Form for Commercial Generators: if the business ships directly to a mill, or backhauls to parent company, or uses a different recycling hauler. Waste Ban Fact Sheet for Generators (namely, residents)- Haulers and Munis asked for this as an outreach tool for customers. (already had one for businesses and municipalities)
- Health department and private haulers work together Haulers = “eyes and ears” of health depts Health depts enforce evenly so all haulers will provide recycling services- integrity to the program All Generators will receive recycling services and be advised that is mandatory. RESULT: Less trash generated and more recycling !
- MACs can help you through the process of updating old regs or adopting new ones MassDEP finds the practice of adopting local hauler regulations to be so important and effective, that they have added some grant money (a reward-type grant money) to this activity. NEW Category: Comprehensive Hauler Regulation – ADOPTED [2 points] The municipality has adopted a bylaw/ordinance and/or regulation that requires all permitted haulers collecting solid waste to provide a bundled service for collection of both solid waste and recyclables for each customer/generator. In addition, the municipality must inform all generators (commercial and residential) at least once per year that recycling is mandatory. Must meet all three requirements below: For Residential Customers/Generators, the bundled service must provide customers with solid waste and recyclables collection at a rate that reflects the cost of both services. Solid waste and recycling services must be provided by the same hauler. For Commercial Customers/Generators, the Hauler must provide bundled solid waste and recyclables collection to all commercial customers, unless the customer can provide proof to the hauler that separate recycling services are provided by another permitted hauler. Mandatory Recycling is required of all Generators through this or a separate municipal bylaw/ordinance, regulation or policy. Eligibility Notes: You will be required to attach a copy of the bylaw/ordinance and/or regulation which demonstrates the bundled service requirement, mandatory recycling and applicability to all customers/generators.