The Massachusetts Department of Environmental Protection (MassDEP) recently proposed amendments to 310 CMR 19.017, Solid Waste Management Regulations to add clean gypsum wallboard to the list of restricted materials effective September 1, 2010.  Clean gypsum wallboard is defined as gypsum wallboard that is not contaminated with paint, wallpaper, joint compound, adhesives, nails, or other substances after manufacture.  This amendment will affect solid waste handling and disposal facilities in Massachusetts (including transfer stations, landfills, municipal waste combustors and construction and demolition debris processing facilities).

The new amendments are an effort to encourage recycling of scrap gypsum wallboard materials that are generated during new construction. It is estimated that 40,000 tons to 50,000 tons of new gypsum wallboard scrap material is generated each year in the state of Massachusetts. Under the new amendments, contractors and waste haulers will have the option to send the mixed construction and demolition debris to solid waste facilities where the clean gypsum will be separated or waste haulers will have the option to separate the clean gypsum prior to transporting it to the solid waste facility and then send the clean gypsum directly to a gypsum recycling facility. 

Solid waste facilities that are affected by the regulation are required to submit waste ban compliance plans demonstrating how the facility operator will not dispose, transfer for disposal, or contract for disposal of solid waste commingled with unacceptable quantities of clean gypsum.  Such 'unacceptable quantities' will need to be identified in the compliance plan that the facilities are required to submit to their respective regional offices of MassDEP for approval and implementation.

Trinity Consultants' New Jersey Office is available to answer any questions you may have regarding this new regulation and also to assist you in the development of compliance plans for submittal to the Department.  Please call 732-356-9121 for assistance.

More information regarding this rule as well as background information on the rule formation can be found at the Department's website.