HOUSE DOCKET, NO. 2913        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3420

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul McMurtry

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to reduce solid waste and provide universal recycling access.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2913        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3420

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act to reduce solid waste and provide universal recycling access.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The general court makes the following findings and declarations:

(1) it is in the public interest to:

(a) conserve energy and resources,

(b) reduce greenhouse gas emissions from the manufacture, transport and disposal of consumer products, and

(c) enable discarded products and materials to be repurposed for their highest beneficial use; and

(2) it shall be the purpose of this act to provide for, and require the use of, a consistent system of solid waste management across public and private sectors that reduces the total amount of solid waste disposed of and maximizes the recovery of waste banned materials for highest best use in the recognized order of priority: reuse, recycling, then energy recovery, before landfilling.

SECTION 2. Every residence, business and institution, hereinafter referred to as “generator”, shall separate recyclable materials, including but not limited to materials banned from disposal as set forth in 310 CMR 19.017, from solid waste.

SECTION 3. All entities that provide solid waste collection and transportation services in the commonwealth, hereinafter referred to as “haulers”, shall provide access to comprehensive waste management service, directly or through referral, which is both convenient and not significantly cost prohibitive.

SECTION 4. On and after August 1, 2016 all generators that create solid waste shall subscribe to or participate in recycling services, consistent with this act, and local laws and ordinances applicable to the proper transport, handling and diversion of waste banned materials.

SECTION 5. (a) All haulers shall comply with the reporting requirements as set forth by the department of environmental protection as required by this act, hereinafter referred to as “department”.

(b) The department may promulgate rules and regulations establishing reporting requirements, procedures for requesting further information from haulers including but not limited to reasonable data on aggregate volumes collected along a specified route, penalties for failure to comply with reporting requirements including but not limited to temporary suspension of hauler permits or fines, and procedures for informing and coordinating with the designated local authority to ensure that said penalties are enforced.  Such rules and regulations shall not make haulers responsible for enforcement of the provisions set forth in 310 CMR 19.017 on generators.

(c) On and after January 1, 2017, the designated local authority shall provide all haulers with an annual notice for distribution to all generators serviced.  The annual notice shall detail the requirements set forth in this act, a list of waste banned materials, a list of diversion options for waste banned materials, including but not limited to licensed and permitted haulers that service within the given municipality, and a schedule of applicable fees in the case of penalties for noncompliance to the requirements set forth in this act.

(d) If a municipality lacks a designated local authority, or lacks the wherewithal to fulfill the requirements set forth in this section, the municipality may request that the department act as its designee in fulfilling the requirements set forth in this section.

(e) The department, or its designee, shall annually produce the standardized annual notice to reflect the requirements set forth in this act, as well as requirements set forth in state laws and regulations applicable to waste banned materials.

(f) The designated local authority may amend the annual notice to remain consistent with local laws and ordinances, and to customize the list of local diversion options for waste banned materials.

(g) The department shall have the authority and responsibility to directly enforce the provisions of 310 CMR 19.017 on generators, as well as haulers and disposal facilities, and to make public all enforcement actions resulting in penalties.

(h) All generators and haulers that fail to comply with the requirements set forth in this act and the rules and regulations promulgated by the department shall be subject to enforcement by the department.

(i) On or before August 1, 2016, the department shall promulgate rules and regulations stipulating the enforcement and appeals process with regard to penalties for failure to comply with this Act.  Any surcharge levied by the department may be appealed to the department pursuant to the rules and regulations provided for in this section.  The determination of the department with regard to an appeal may be appealed to superior court.

(j) In the event of ongoing noncompliance by a generator, the commissioner of the department shall be authorized to fine said generator no more than $2,000 for each instance of noncompliance.

(k) In the event of ongoing noncompliance by a hauler, the commissioner of the department shall be authorized to fine said hauler no more than $500 for each instance of noncompliance.

SECTION 6. (a) Revenue from enforcement penalties provided for in this act shall be credited to and deposited in an expendable trust to be called the Sustainable Materials Management Expendable Trust, the proceeds of which shall be invested by the treasurer and which shall be under the care and custody of the commissioner of the department.  Interest earnings on funds deposited in said trust shall be credited to and become part of said trust.  The proceeds of said trust shall be expended by said commissioner of the department without further appropriation to cover administrative costs for the implementation and enforcement of this act, including but not limited to supporting additional staff and enforcement officers, to develop the annual notice, and to provide further education to generators of the rules and regulations related to this act.

(b) The commissioner shall cause to be filed with the chairs of the house and senate committees on ways and means an annual report regarding the revenues, expenditures and loans provided from said expendable trust.

SECTION 7. The department may promulgate rules and regulations to ensure the implementation of this act, including, without limitation, rules and regulations that govern enforcement and appeals process with regard to failure to comply with this act, grant programs funded by penalty-related revenue, and the means of measuring aggregate solid waste and recovered material volumes.