Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S518 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1009 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 518
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to reduce solid waste, increase recycling and generate municipal cost savings.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 6
16	16	SENATE DOCKET, NO. 1009 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 518
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 518) of Jason M. Lewis for
19	19	legislation to reduce solid waste, increase recycling and generate municipal cost savings.
20	20	Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 572 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to reduce solid waste, increase recycling and generate municipal cost savings.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 16 of the General Laws is hereby amended by adding after section
32	32	221 the following new section:-
33	33	3 Section 21A. (a) In conjunction with the statewide solid waste master plan, the
34	34	4department shall establish annual performance target goals for municipal solid waste reduction,
35	35	5based on total pounds of solid waste disposed per resident served per year. The department, in
36	36	6consultation with the solid waste advisory committee, shall consider the costs and benefits to a
37	37	7municipality in the setting of such goals.
38	38	8 (b) Each municipality shall make a written report to the department, no later than first day
39	39	9of September of each year, of the total weight of solid waste disposed during the prior fiscal 2 of 6
40	40	10year, as well as the approximate number of households and residents served by that
41	41	11municipality’s solid waste disposal program. Such report shall be made in a form and with the
42	42	12information, as prescribed by the department.
43	43	13 SECTION 2. All terms are defined as in 310 CMR 19.00 and in the Guidance for Solid
44	44	14Waste Handling and Disposal Facilities on Compliance with department of environmental
45	45	15protection’s waste bans.
46	46	16 SECTION 3. All solid waste management facilities must remove and divert from disposal
47	47	17all waste ban materials to the greatest extent possible. Failure to remove waste ban materials to
48	48	18the greatest extent possible shall result in enforcement action by department of environmental
49	49	19protection or an officer of the municipality in which the solid waste management facility in
50	50	20located.
51	51	21 SECTION 4. The department of environmental protection and the host municipality shall
52	52	22use the following action level thresholds in deciding to undertake enforcement:
53	53	23 A. All waste ban materials banned by 310 CMR 19.017 prior to January 1, 2013 are
54	54	24unacceptable in any quantity.
55	55	25 B. The action levels for all waste ban materials banned by 310 CMR 19.017 after January
56	56	261, 2013 shall be 10 per cent.
57	57	27 C. Once a waste ban material has been banned by 310 CMR 19.017 for 24 months it shall
58	58	28be unacceptable in any quantity.
59	59	29 SECTION 5. The department of environmental protection and the host municipality will
60	60	30conduct frequent load inspections to determine whether loads contain waste ban materials. If a 3 of 6
61	61	31load contains waste ban materials in excess of the allowable amounts, the hauler shall be fined
62	62	32$100. If the hauler has more than 5 fines in a calendar year, the hauler shall not be permitted to
63	63	33bring waste to that solid waste management facility for 1 calendar year.
64	64	34 SECTION 6. All fines shall be paid to the department of environmental protection if
65	65	35levied by a department of environmental protection officer, or to the Host Municipality if levied
66	66	36by an officer of the host municipality. The department of environmental protection and the host
67	67	37municipality shall use the fines to fund municipal and other recycling programs, composting
68	68	38programs, composting and recycling education programs and any and all other programs
69	69	39promoting zero waste principles at the state or municipal level, respectively. The department of
70	70	40environmental protection shall refer to the state’s fund as the “Zero Waste Fund,” and the
71	71	41department of environmental protection shall have the sole discretion as to how the Zero Waste
72	72	42Fund is spent.
73	73	43 SECTION 7. The department of environmental protection shall collect a $1.50 per ton
74	74	44surcharge on all waste disposed of at a solid waste disposal facility from the solid waste disposal
75	75	45facility operators. All surcharge monies shall also become part of the Zero Waste Fund and used
76	76	46to fund municipal and other recycling programs, composting programs, composting and
77	77	47recycling education programs and any and all other programs promoting zero waste principles.
78	78	48 SECTION 8. All entities that provide solid waste collection services in the
79	79	49commonwealth shall be subject to regulation by the department. In order to operate in the
80	80	50commonwealth, haulers shall register with the department, subject to an administrative fee as set
81	81	51by the department. All registered haulers shall document to the department the methods of their
82	82	52provision of comprehensive and convenient collection services to all their customers to recover 4 of 6
83	83	53and avoid disposal of the following materials at a minimum: recyclable paper; metal , glass and
84	84	54rigid plastic containers; and any other materials specified by the department which are banned
85	85	55from disposal pursuant to 310 CMR 19.017, and which are regularly generated by their service
86	86	56recipients.
87	87	57 SECTION 9. Collection of waste and recovered materials shall be provided to customers
88	88	58by haulers at a single rate, and in such a way as to encourage recovery and discourage the
89	89	59disposal of recoverable commodities, with conditions for exemptions to be determined by the
90	90	60department. Receptacles of the appropriate sizes for the various waste streams shall be provided,
91	91	61located in proximity to each other, and collected regularly. Except under extreme circumstances
92	92	62as determined by the department, recyclables shall not be brought to a disposal facility either in
93	93	63or outside the Commonwealth, but shall be delivered to a facility that will put the materials to
94	94	64their highest beneficial use. Documentation of this shall be provided to the department.
95	95	65 SECTION 10. Haulers shall annually provide each customer with instructions on the
96	96	66proper use of their comprehensive waste management service.
97	97	67 SECTION 11. The department shall have the authority and responsibility to enforce the
98	98	68provisions of 310 CMR 19.017 on generators and haulers as well as disposal facilities, and to
99	99	69make public all enforcement actions resulting in penalties.
100	100	70 SECTION 12. The measurement of solid waste as stipulated by the department of
101	101	71environmental protection shall be reported to said department by the waste and recycling
102	102	72processing facilities of the commonwealth, and by all haulers who transport material for disposal
103	103	73and recycling outside the commonwealth by February 1 of each year, covering the period from
104	104	74January 1 to December 31 of the preceding year. The department will issue a report each year 5 of 6
105	105	75available to the public which compiles solid waste management results in the aggregate by
106	106	76material from all waste haulers in the commonwealth.
107	107	77 The department shall promulgate rules and regulations stipulating the enforcement and
108	108	78appeals processes with regard to penalties for failure to comply with this act. Any surcharge
109	109	79levied by the department of environmental protection may be appealed to said department
110	110	80pursuant to the rules and regulations provided for in this section. The determination of said
111	111	81department with regard to an appeal may be appealed to superior court.
112	112	82 SECTION 13. Revenue from registration fees and enforcement penalties provided for in
113	113	83this act shall be credited to the Zero Waste Fund.
114	114	84 SECTION 14. Monies from the Zero Waste Fund may be used to provide low interest
115	115	85loans to haulers for equipment with which to implement the provisions of the regulations
116	116	86promulgated as a result of this Act. The commissioner shall cause to be filed with the chairs of
117	117	87the House and Senate committees on ways and means an annual report regarding the revenues,
118	118	88expenditures and loans provided from said expendable trust.
119	119	89 SECTION 15. The department of environmental protection shall make training available
120	120	90to all haulers with regard to the regulations pursuant to the collection and reporting of solid waste
121	121	91disposal and recovery information. In the event of intentional false or negligent reporting of solid
122	122	92waste information to said department by any hauler, the commissioner of the department of
123	123	93environmental protection shall be authorized to fine said hauler no more than $2,000 for each
124	124	94instance of false reporting .
125	125	95 SECTION 16. The department of environmental protection may promulgate rules and
126	126	96regulations to ensure the implementation of this Act, including, without limitation, rules and 6 of 6
127	127	97regulations that govern enforcement, grant programs funded by registration and penalty-related
128	128	98revenue, and the means of measuring solid waste and recovered material volumes.