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November 2, 2021 | AD & Biogas, Composting, Food Waste, Policies + Regulations

Two States Lower Food Waste Disposal Ban Thresholds


The Massachusetts Department of Environmental Protection (MassDEP) published the final 2030 Solid Waste Master Plan, a draft of which was issued for public comment in 2019 and underwent a second public comment period in 2020. The final Master Plan establishes goals to reduce disposal statewide by 30% (from 5.7 million tons in 2018 to 4 million tons in 2030) over the next decade. It sets a long-term goal of achieving a 90% reduction in disposal to 570,000 tons by 2050. The final 2030 Solid Waste Master Plan, effective on November 1, 2022, includes an amendment to the Commercial Organics Disposal Ban. It will apply to businesses and institutions generating one-half ton or more of food material per week, a decrease from the current one ton/week threshold that has been in effect since October 2104.

In Connecticut, Public Act (PA) No. 21-16, approved in May 2021, requires that “on and after January 1, 2022, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than 20 miles from an authorized source separated organic material composting facility and that generates an average projected volume of not less than 26 tons/year of source separated organic materials shall: (A) Separate such source separated organic materials from other solid waste; and (B) ensure that such source separated organic materials are recycled at any authorized source separated organic material composting facility that has available capacity and that will accept such source separated organic material.” The current threshold for compliance is 52 tons/year.

Another provision in PA No. 21-16 states that “Not later than January 1, 2022, the Commissioner of Energy and Environmental Protection shall establish a voluntary pilot program for any municipality that seeks to separate source separated organic materials and ensure that such source separated organic materials are recycled at authorized source separated organic material composting facilities that have available capacity and that will accept such source separated organic material.” The Act also allows receipt of up to 40% by volume of off-farm source separated organics, including food scraps, food processing residuals and soiled or unrecyclable paper, at a farm-based anaerobic digester without having to obtain a solid waste permit.


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