Don’t look now, but your business may soon be affected by the expansion of the state’s organic waste ban. In effect since 2014, the
ban is about to sweep in even more businesses with a reduction in the threshold for compliance from one ton to one-half ton per week. This expansion of the waste disposal ban is a part of the strategy of the Massachusetts Department of Environmental Protection (“MassDEP”) under its 2030 Solid Waste Master Plan to reduce Massachusetts’ solid waste disposal over the next decade by 30 percent, from 5.7 million tons in 2018 to 4 million tons in 2030.
The amended
regulations at 310 CMR 19.000: Solid Waste
Management Facility Regulations will also add mattresses and
textiles to the list of materials that are banned from disposal or transport for disposal in
Massachusetts. They are set to become effective on November 1, 2022.
The lower threshold
will significantly expand the businesses that are subject to the ban. The
amended regulations are likely to affect businesses in the agriculture, food
processing and manufacturing, food preparation, and entertainment industries.
This will include restaurants, hotels, hospitals, universities, corporate
cafeterias, and entertainment production venues.
Businesses can use
MassDEP’s food
waste estimation tool provided by its “RecyclingWorks Massachusetts”
program, which provides sector-based estimates for food waste generation to
help determine how likely it is for a facility to be subject to the commercial
organics ban.
To ensure
compliance, businesses should devise waste management plans to reduce and
divert organic material from disposal. MassDEP has recommended various ways to
help facilities comply with the ban. These include reducing food waste
generation through more efficient food service operations and systems to track
food waste, and using an on-site system to process food waste. They also
include donating servable food to shelters, pantries, and food rescue
operations.
For more
information about the new regulations, contact Julie P. Barry, co-chair of
REBA’s Environmental Law Section. Julie
can be contacted by email at jbarry@princelobe.com.
