Table. Any person who disposes, transfers for disposal or contracts for disposal

or transport of restricted material may be subject to enforcement by the Department pursuant to 310 CMR 19.081. (b) No landfill, transfer facility or combustion facility shall accept the restricted material except to handle, recycle or compost the material in accordance with a plan submitted pursuant to 310 CMR 19.017(6) and approved by the Department. (c) On the effective date of the restrictions on Cathode Ray Tubes (CRTs), specified in 310 CMR 19.017(3): Table, all persons shall segregate CRTs from the solid waste stream. Table 310 CMR 19.017(3) Restricted Material Effective Date of Restriction for Landfills or Com- bustion Facilities Effective Date of Restriction for Transfer Facilities Restriction Lead Batteries December 31, 1990 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Leaves December 31, 1991 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Tires December 31, 1991 April 1, 2000 Ban on disposal or transfer for disposal of whole tires only at landfills. Tires must be shredded prior to disposal in landfills. White Goods December 31, 1991 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Other Yard Waste December 31, 1992 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Aluminum Containers December 31, 1992 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Metal or Glass Containers December 31, 1992 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Single Polymer Plastics December 31, 1994 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Recyclable Paper December 31, 1994 April 1, 2000 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Cathode Ray Tubes April 1, 2000 April 1, 2000 Ban on disposal, incineration, or transfer for disposal, at a solid waste disposal facility Table 310 CMR 19.017(3) (continued) Restricted Material Effective Date of Restriction for Landfills or Com- bustion Facilities Effective Date of Restriction for Transfer Facilities Restriction Asphalt Pavement, Brick and Concrete July 1, 2006 July 1, 2006 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Metal July 1, 2006 July 1, 2006 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Wood July 1, 2006 July 1, 2006 Ban on disposal or transfer for disposal at landfills Clean Gypsum Wallboard July 1, 2011 July 1, 2011 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Commercial Organic Material (>1 ton per week) October 1, 2014 October 1, 2014 Ban on disposal or incineration or transfer for disposal at a solid waste disposal facility Commercial Organic Material (> ½ ton per week) November 1, 2022 November 1, 2022 Ban for disposal or incineration or transfer for disposal at a solid waste disposal facility Mattresses November 1, 2022 November 1, 2022 Ban for disposal or incineration or transfer for disposal at a solid waste disposal facility Textiles November 1, 2022 November 1, 2022 Ban for disposal or incineration or transfer for disposal at a solid waste disposal facility (4) Criteria for Determinations of Waste Restrictions on Other Materials. In determining whether to restrict or prohibit the disposal of other materials the Department may consider: (a) the nature and degree of potential adverse impacts; (b) the quantities of restricted materials generated; (c) the availability of non-disposal management options for the restricted materials; (d) the economic impact on the facility, class of facilities or generators subject to the restriction; (e) such other factors as the Department deems relevant to such a determination. (5) Exceptions. The Department may allow a facility or person to temporarily dispose or temporarily contract for the disposal of restricted materials, with prior notification and approval of the Department, under the following circumstances: (a) the material is contaminated or is otherwise not acceptable for recycling or composting, provided that the person who contaminated or rendered the material unfit for recycling or composting takes any action necessary to prevent a recurrence of the conditions which contaminated or rendered the material unfit; or (b) the recycling or composting operation or end user to which the restricted material is normally sent declines to accept the material or is prohibited from accepting the material as a result of an administrative or judicial order, provided that an alternative recycling or composting operation or storage facility which will accept the material cannot be found within a reasonable time. (6) Waste Ban Plan Submissions. (a) The permittee or operator shall submit a plan, or modify an existing approved plan to include newly banned materials, which describes the actions to be taken to comply with the restrictions imposed at 310 CMR 19.017(3). The plan shall be submitted to the appropriate regional office of the Department. (b) The waste ban plan shall address the following: 1. Ongoing waste stream monitoring of all incoming loads, including: a. monitoring procedures; b. unacceptable quantities and de minimus acceptable quantities; and c. record keeping. 2. Comprehensive load inspections, including: a. loads not subject to comprehensive load inspections; b. load selection; c. inspection procedures; d. unacceptable quantities and de minimus acceptable quantities; and e. record keeping. NON-TEXT PAGE 3. Facility response to failed loads, including: a. communication; and b. failed load disposition. 4. Other compliance plan elements, including: a. training; b. signage; and c. annual waste ban report. (c) In determining the adequacy of a plan the Department may consider, without limitation: the anticipated quantities and sources of restricted materials; the contractual terms which affect the delivery of said materials; the expected maximum and minimum percentages of diversion of said materials prior to delivery to the facility and capture of said materials at the facility; the design, operational, educational, informational, financial and marketing mechanisms to be employed to achieve compliance with the restriction; and the weighing and record keeping systems by which the Department can verify compliance with the restriction. (d) Facilities shall submit such plans at least 90 days prior to the effective date of the ban. The schedule shall not limit the Department from requiring submission of a plan as part of an application for a new or existing facility permit or modification of a permit or plan approval. (7) Compliance with Waste Ban Plan. Failure to comply with approved plans submitted pursuant to 310 CMR 19.017(6) or applicable permit conditions shall constitute a violation of 310 CMR 19.000. The Department may allow de minimis quantities of restricted materials, as determined by the Department, to be disposed by the facility. The Department may require, in lieu of an enforcement action described in 310 CMR 19.081, a modified plan to be submitted when restricted materials are being disposed of in excess of approved amounts.