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Yard Waste Disposal Bans: What Policies Work the Best to Keep Yard
Waste Materials Out Of Disposal Facilities?
Introduction
“Yard waste bans are the motor of the budding composting industry” (Compost Activist,
Issue #2- Yard Waste Ban). States have instituted disposal bans for yard waste in order
to divert this valuable organic material to beneficial use, e.g. soil conditioners, erosion
control, increasing organic matter for agriculture and horticulture, through recycling and
composting. This research project was conducted to compare 25 state yard waste ban
polices to one another and to highlight the most successful features. The yard waste
policies were documented and compared, and then targeted interviews were conducted
with 11 state regulators and two compost manufacturers to address questions regarding
the state yard waste ban policies.
Background
In 1979, there were about 20,000 landfills operating in the United States; more than
13,000 of them were closed by 1986 (League of Women Voters Education Fund,
Recycling is More Than Collections). This was due to environmental concerns such as
extensive groundwater pollution, methane gas generation, and truck traffic. In
September 1991, the Environmental Protection Agency issued the first federal
regulations for municipal landfills. These revisions were developed in response to the
1984 Hazardous and Solid Waste Amendments to the Resource Conservation Recovery
Act (Federal Registrar Vol. 53, No. 166, pgs. 33314-33422). The new rules set new
standards which greatly increased the requirements for design, operation and closure of
landfills (USEPA, Code of Federal Regulations). As of 2010, there are less than 2,000
landfills in operation. Over this same time, the number of composting operations has
grown from 1,000 to 3,500 facilities that accept yard waste in the United States,
including the 25 states that have landfill bans on yard waste (The State of Garbage in
America, Biocycle). As the number of composting facilities increased over the past 30
years, 8 of the top 10 states that have the highest number of facilities have instituted a
yard waste ban- Pennsylvania, Massachusetts, Florida, Wisconsin, South Dakota,
Indiana, Ohio and Michigan. See Figure 1.
Bans are a proactive policy approach- initiating change. Yard waste bans accomplish
several goals: preserving disposal capacity by decreasing the amount of yard waste
landfilled and incinerated, promoting the development of infrastructure and associated
jobs by requiring alternative options to disposing yard waste e.g. composting and
recycling, prompting industries to decrease waste through changes in production
practices, and increasing public understanding through education programs directly
addressing environmental and public health concerns.
Bans can be contentious because of the legal consequences surrounding interstate,
regional and local commerce laws. While proponents argue that bans achieve numerous
objectives, opponents claim that bans interfere with free trade, are a form of big
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government interference, and are a representative of backlash against our supposed
“throws away society”(Garbage Primer 17).
In 2011, 250 million tons of MSW was generated. Of that, yard trimmings and food
residues accounted for 28 % (70 million tons). Of the 250 million tons of MSW generated,
87 million tons was recovered- 22% (19.14 million tons) being yard waste. From 1990 to
2011 and with the help of landfill bans on yard waste in 25 states, there has been a
fivefold increase in composting- 3.8 million tons to 19 million tons (USEPA, Municipal
Solid Waste Generation, Recycling, and Disposal in the United States: Facts and
Figures for 2011).
Yard Waste Bans
Local, state and federal solid waste laws, rules, and regulations can restrict certain
waste from being deposited in disposal facilities. There are currently 25 states that
prohibit various types of yard waste from going into these facilities. Rapidly rising landfill
costs and shrinking landfill capacities in the late 1980’s and early 1990’s prompted
states to start passing yard waste disposal bans. More recent reasons for yard waste
diversion policies include protecting the climate, reducing landfill methane emissions,
and converting organic materials into compost for enhancing soils. Of the 25 states that
ban yard waste, 23 were enacted in the 8 year span-- 1988 to 1996-- with 10 alone
being passed in 1992 and 1993. It wasn’t until 15 years later that the next bans were
passed: Delaware in 2011 and Vermont in 2012. Four states, Connecticut,
Massachusetts Michigan and Rhode Island, also revised their yard waste polices
between 1995 and 2000. Three states, Indiana, Vermont, and West Virginia, passed
their bans, but delayed enforcing the policy for a few years. West Virginia, in particular,
took eight years to enforce the policy- the longest of all 25 states to enforce the ban.
Vermont plans to enforce their yard waste ban in 2016.
As landfills are decreasing, the composting industry is growing. There are currently
3,500 composting operations that accept yard waste in the United States, 8 of the top 10
states that have the highest number of composting facilities also have yard waste bansPennsylvania, Massachusetts, Florida, Wisconsin, South Dakota, Indiana, and Michigan.
See Figure 2A.
Policies regulating yard waste vary from state to state. Each state bans disposal of yard
waste in different types of facilities- landfills and incinerators. 15 of the 25 states ban
disposal of yard waste from landfills. 8 of 15 states that ban the disposal of yard waste in
landfills allow yard waste into an incinerator. 10 states ban disposal from both landfills
and incinerators. See Table 1.
States have differences in what they define as yard waste. States have broad and
specific definitions. Broad and specific definitions are based off of how many materials
are considered as yard waste and what those materials consist of. 19 of the 25 states
have broad definitions and 6 of the 25 states have specific definitions. Delaware, Florida,
Georgia, Missouri, North Carolina, and Ohio are among the states that have specific
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definitions. 7 of the 25 states- Georgia, Indiana, Iowa, Michigan, Missouri, Pennsylvania,
Vermont, and West Virginia specifically specify what yard waste does not include.
Table 1- Summary of YW Policies
State
YW
Policy
YW
Def’n
Materials
Banned
Banned
From
Loopholes
Track
Compost
Track
Compost
Facilities
N/A
Other Policies
N/A
Track
YW
Recycled
N/A
Arkansas
B
B
L,G,BR
LF
LGTES
Connecticut
S
B
A
Delaware
Florida
S
B
S
S
G,
Mandate
Leaves
L,G,BR
L,G,BR
None
Y
Y
Y
MR, RG,
PR,OB, PAYT
LF
LF
EX
LGTES
N/A
N/A
N/A
N/A
N/A
N/A
L,G,BR
L,G,BR
L,G,BR
LF
LF
LF
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B
B
B
B
L,G,BR
L,G,BR
L,G
L, G, BR
LF
A
A
LF
Y
Y
Y
N/A
N/A
Y
Y
N/A
Y
Y
Y
N/A
S
B
B
S
L,G,BR
L
A
LF
LGTES
MNK
MK,
LGTES
None
CA
None
MNK,
LGTES
EX
LGTES
OB
OB, ED, GR,
RG
OB, ED, GR
OB, GR, ED
OB, ED,
PAYT, GR
ED, GR, OB
RG,PR,OB,LJ
ED, GR, OB
OB, ED
Georgia
Illinois
Indiana
S
S
B
S
B
B
Iowa
Maryland
Massachusetts
Michigan
S
B
S
B
Minnesota
Missouri
Y
N/A
Y
N/A
Y
N/A
Nebraska
B
B
L,G
LF
N
N
N/A
New Hampshire
New Jersey
S
B
B
B
A
A
N
N
N
N
N
N/A
North Carolina
Ohio
Pennsylvania
S
B
B
S
S
B
L,G
Leaves
Only
L,G,BR
L,G,BR
L, G
NAY,
LGTES
MNK
None
A
LF
A
MK
CA
EX
Y
Y
N/A
Y
N
N/A
Y
Y
N/A
Rhode Island
B
B
Mandate
A
None
N/A
N/A
N/A
South Carolina
South Dakota
Vermont
West Virginia
Wisconsin
B
B
S
B
B
B
B
B
B
B
L, G, BR
L,G
L,G,BR
L, G, BR
L, G, BR
LF
LF
A
LF
LF
None
None
None
EX
LGTES
N/A
N/A
N/A
N
N
N/A
N/A
N/A
N
N
N/A
N/A
N/A
Y
Y
GR, ED, OB
RG, OB, GR
OB, ED, GR,
RG
OB
ED, OB
ED,
GR,MR,PR,OB
N/A
ED, GR, OB
MR, OB, ED,
GR, RG, PR
MR, OB, ED,
GR
OB
OB, ED, GR
OB
OB
GR, OB
Reference: Northeast Recycling Council. Disposal Bans & Mandatory Recycling in the United States 2011. Web. 1 July, 2013.
USCC, 2013
Key to Table 1
A-All
EX- Exemption
B-Broad
BR- Brush
G-Grass
GR- Grant
CA- Can Accept
L-Leaves
ED- Education
LF- Landfill
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LGTES- Landfill Gas To
Energy System
LJ- Local Jurisdiction
MNK-May Knowingly
MR- Mandatory
Recycling
N- No
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NYR- Not Year Round
OB- Other Bans
PAYT- Pay As You
Throw
RG- Recycling Goals
S-Specific
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Laws prohibiting disposal of designated recyclable materials in landfills and incinerators
are designed to encourage the recycling of certain materials, however for this type of
ban to work and illegal dumping to be prevented, recycling services and mandates must
be provided. A disposal ban on yard waste prohibits designated types of yard waste from
landfills and incinerators, whereas a mandate to recycling yard waste is a requirement
that households and/or businesses source separate material at the curb for recycling or
compost collection and often includes a prohibition on mixing material with trash-set outs.
Five of the 25 states mandate recycling of yard waste. Of these five states, four have a
mandate on recycling yard waste in addition to a ban on disposal of yard waste in
disposal facilities- Connecticut, Iowa, South Dakota, and Pennsylvania
● Connecticut
mandates the recycling of leaves, but bans grass from landfills and
incinerators.
●Iowa
mandates the recycling of yard waste only in governmental agencies, but
bans yard waste from landfills.
●South
Dakota mandates the recycling of yard waste in governmental agencies
and universities, and bans yard waste in landfills.
● Pennsylvania
mandates the recycling of only leaves in municipalities, single and
multi-family residences, business, governmental agencies, universities and
landfills. Pennsylvania bans yard waste from both landfills and waste to
energy/incinerators.
●Rhode
Island mandates that he recycling of yard waste must be segregated
from municipal solid waste, but there is no explicit ban on yard waste disposal.
Ambiguities in state policies can be used to circumvent the intention of a regulation and
avoid penalties and responsibility without technically breaking the law. Of the 25 states,
17 have some sort of “loophole” that allows yard waste to be disposed. Seven states,
Arkansas, Florida, Georgia, Indiana, Missouri, Nebraska, and Wisconsin, allow yard
waste into landfill gas to energy systems. Five states, Illinois, Indiana, Michigan, North
Carolina and New Hampshire, state in their policy “no person may knowingly mix yard
waste with municipal solid waste.” The “may not knowingly” clause allows yard waste to
be mixed with municipal solid waste and be disposed of without penalizing the hauler.
Delaware, Minnesota, and West Virginia allow yard waste to be disposed of in a facility if
the facility is granted an exemption through the CEO of the landfill or director of the
Department of Environment. Maryland and Ohio landfills can accept yard waste if it is
already mixed with trash. Nebraska only allows the ban to take place between April 1st
and November 30th, but also allows the disposal of yard waste in landfill gas-to-energy
systems. Pennsylvania only bans truckloads that are comprised of 50% or more of
leaves from landfills. See Table 4A for details.
Regarding landfill gas-to-energy systems, a counter argument has been made by landfill
owners that have been promoting the returning of yard waste material back into landfills
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as a mean of producing this “renewable energy” and their lobbyists have been fighting
hard to repeal yard waste bans. Organics that decompose in an anaerobic landfill
system are converted and released as methane and other organic compounds. Some
landfills collect this methane gas and sell it to the power companies for energy
production, e.g. Michigan. They argue that adding the yard waste back into the landfill
will augment the quantity of methane that is produced in the decomposition procedure.
While methane can be burned for energy it is also a powerful greenhouse gas which is
contributing to climate change. According to EPA studies, methane is 23 times more
efficient at trapping heat than carbon dioxide. EPA estimates that 25% of the methane
generated in a landfill with gas collection will escape over the lifetime of the landfill, so by
adding organic wastes into the landfill this will also increase this methane escaping into
the atmosphere (USEPA Solid Waste Management and Greenhouse Gases).
Comparing a landfill gas-to-energy system to an aerobic composting system, aerobic
composting allows organic resources to compose naturally giving off a natural biogenic
form of CO2: This carbon is part of the natural carbon cycle where carbon moves from
the atmosphere to plants through the food web and then is released through the
decomposition method and does not contribute to climate change.
Interviews
To further understand the effectiveness of the bans, targeted interviews were attempted
in a selection of the 25 states that have a yard waste ban policy. Eleven state regulators
and two compost manufactures were interviewed. The methodology of choosing these
states were based on geography, number of composting facilities, and details in their
policies, with the goal of getting as broad a range as possible within the time constraints
of the study period. The 11 states that participated in the interview were Connecticut,
Iowa, Massachusetts, Minnesota, Nebraska, New Hampshire, New Jersey, Ohio, South
Dakota, West Virginia, and Wisconsin. The two compost manufactures were from
Massachusetts and North Carolina. During the interview with both state regulators and
composters, seven consistent questions were asked about the states yard waste ban
policy (appendix B).
Each state regulator based success of a yard waste ban from disposal facilities
differently. Ideally success would be based on the amount of yard waste composted or
diverted in the state, but very few states are able to track that information over time, and
many do not collect it at all. 8 of 11 state regulators agreed that their yard waste policy
is successful, Connecticut, Iowa, Massachusetts, Minnesota, New Hampshire, South
Dakota, West Virginia, and Wisconsin, while Nebraska, New Jersey and West Virginia
were more skeptical. Reasons for success included that the bans have been in place for
over 20 years and good educational programs.
Some state regulators said that they would change the yard waste ban policy if they
could. Six of the 11 states said they would strengthen the policy: Iowa, Minnesota,
Nebraska, New Hampshire, Ohio and Wisconsin. Reasons as to why policies could be
strengthened are to see an increase in educational and incentive programs and to
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eliminate the allowing for disposal in landfill gas to energy systems. While strengthening
the policy, three of the 11 state regulators suggested changing the yard waste definition
(Minnesota, Ohio, and Wisconsin). When the bans were implemented, four of the 11
state regulators said there was a pushback from municipalities and the public
(Minnesota, Nebraska, Ohio, and West Virginia). There were pushbacks because of
odors of composting, not enough infrastructure, and communities did not want to pick up
the responsibility of source separating. Yard waste bans may also be an incentive to
start composting at home, although only three of the state regulators said that they
noticed more yard waste being composted at home (Minnesota, Ohio, and West
Virginia). Some states have bans on yard waste and have a mandate to recycling yard
waste, but of three the 11 states (Iowa, Minnesota, and Ohio) that stated that both a
mandate and a ban are both necessary to increase composting.
Composting is a highly regulated component of the waste management industry. It
requires careful attention to information management if a composting facility is to be
successful. Information is what regulators need to do their job. Information management
in composting requires monitoring, data collection, analysis, and reporting. Gathered
information is needed for process and product quality control, regulatory compliance,
and market education. Eight of 11 states, Connecticut, Iowa, Massachusetts, Minnesota,
New Hampshire, Ohio, West Virginia, and Wisconsin track the number of facilities but of
these states, four of them track the tonnage composted in the facilities and track yard
waste taken in and recycled, Iowa, Massachusetts, Minnesota, Ohio, and South Dakota.
According to the USCC Master Compost Database that tracks the number of composting
facilities per state, 8 of the top 10 states have a yard waste ban instituted- Pennsylvania,
Massachusetts, Florida, Wisconsin, South Dakota, Indiana and Michigan. See Figure
1A.
While this research was focused on yard waste bans, food is also another organic
material that can be composted. While most yard waste bans were implemented in the
1990’s, food waste is highly being considered as another ban to implement.
Massachusetts and Vermont are the only two states that have put the policy in the
regulation. Beginning in mid-2014, Massachusetts’ commercial entities—universities,
hotels, grocery stores, manufacturers—that produce more than a ton of organic waste
per week will have to find alternative disposal methods. The DEP's goal is for an
additional 350,000 tons of organic food waste to be diverted from landfills by 2020.
Vermont’s policy is that yard waste must be banned from all disposal facilities by July 1,
2016, and all organic materials by July 1, 2020- both commercial and residential.
Connecticut has a commercial food waste requirement that states that food needs to be
recycled. The public may consider it a ban, but to fall under the requirement, the
commercial industry has to be within 20 miles away from the facility that accepts food
waste. Back in 2011, new language was added to this requirement, PA11-27. This new
language is an act concerning the recycling of organic materials by certain food
wholesalers, manufacturers, supermarkets and conference centers. Of the regulators
interviewed, 10 of the 11 agreed that it is best to implement a food waste ban. Some
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state regulatory departments have already had talk about starting it, including New
Hampshire, Minnesota, Wisconsin, and Iowa. An issue regarding a food waste ban to
regulators was the concern of the public and whether to implement it for commercial or
residential, or both.
Polices to help encourage yard waste bans and diversion of other organics include
mandatory recycling, state diversion goals, permitted regulations that facilitate
composting facilities, other recycling bans , pay as you throw programs, educational
programs, and grant programs. Of the state regulators, Connecticut, New Jersey,
Pennsylvania, Rhode Island, and South Dakota have mandates on recycling of yard
debris and other organics. Connecticut, Florida, Maryland, Minnesota, Missouri, New
Jersey, and Pennsylvania have state recycling diversion goals and Connecticut, New
Hampshire, New Jersey, Maryland, and Pennsylvania have permitted regulations that
facilitate compost facilities. All 25 states have some type of other statewide disposal ban
in landfills and educational programs for the public. Connecticut, Indiana, and New
Hampshire have pay as you throw programs and Florida, Georgia, Illinois Indiana, Iowa,
Massachusetts, Minnesota, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island,
South Dakota, and Wisconsin have grant programs for incentives for communities to
start composting programs.
The 2 composters that were interviewed, from Agresource in Massachusetts and
Novozymes in North Carolina, each had different opinions than the regulators. Both
Massachusetts and North Carolina composters agree that the yard waste ban is a great
program and the ban is important to stimulate diversion and has resulted in facilities to
accept yard waste. Yard waste bans are very successful in areas where there is
infrastructure and it tends to be in the highly dense populated areas, whereas in the
smaller rural areas, yard waste ends up in landfills. This results in programs not being
maintained as well. When talking to both composters, both agreed that a food waste
policy is going to be difficult to maintain and create problems. Even if there is enough
infrastructures to have a food waste ban, it’s not worth it at this time. These food waste
bans are not going to be as easy as the yard waste ban because it is going to be difficult
to enforce in both commercial and residential areas. The biggest challenge will be
separation, collection, and training.
Issues
The differences in the statements of each policy was an issue to determine the best yard
waste policies because of the different structures and ways states can dispose of their
yard waste. 15 states are very straight forward with what can be done with yard waste,
whereas the other 10 states specify what you cannot do with yard waste, e.g. Arkansas
policy states “It is illegal for yard waste to be placed in a solid waste management facility
solely for the purpose of disposal” whereas Iowa states “Land disposal of yard waste is
prohibited. Each county requires to separate yard waste from other solid waste
generated. Municipalities which produced a collection system for solid waste shall
provide for a collection system for yard waste which is not composted. Prohibits the
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incineration of yard waste at a sanitary disposal project.” Arkansas is straight forward
with their policy, whereas Iowa uses specifics on what can be done with yard waste.
The differences in yard waste definitions make it difficult to come up with a best policy
because some state definitions are broad and some are specific. It is arguable that
states have better policies with specific definitions because the specific definitions
identify what materials are included whereas if the definition is broad, it can create
conflict on what is acceptable material. The argument can be vice-versa. If a state has a
board definition, it can allow for different types of material that fall under that category
whereas if the definition is specific, some materials can be excluded because it is not
listed.
The number of yard waste facilities in each state is not 100% accurate because not all
states require facilities to register (self-reporting option). This gives an error in how many
yard waste composting facilities are in each state. Some facilities that are not registered
still take in yard waste, making it difficult to come up with accurate information on
composting and recycling rates in the state. Ranges in composting facilities also vary
depending on the landscape of the state. There are more facilities in urban areas than in
rural areas. West Virginia and Nebraska have very rural areas, leaving it difficult to put
yard waste in facilities (usually just dump it in the woods according to regulators),
whereas Ohio is a big urban state giving a high amount of composting facilities.
In regards of states keeping track of the amount of material composted both input and
output, this depends on if the state requires facilities to do annual reports. This made it
difficult to compare states that have composting rates because not all states require this.
States like Connecticut, Delaware, Maryland and Michigan require their permitted
facilities to do an annual report, whereas Massachusetts does not require the state to
track the compost material. This goes along with recycling rates for yard waste. There is
a lack of data for recycling rates of yard waste in states for the same reasons as to why
there is a variety of number of composting facilities throughout the states. From 2010,
2011, and 2012 data, 11 states did not obtain any information regarding the tracking for
recycling rates for yard waste. Georgia, Indiana, Iowa, New Hampshire, Pennsylvania,
Rhode Island, and Wisconsin could not find the data; Nebraska and West Virginia have
too rural of areas so recycling yard waste is not available to track; Massachusetts does
not require facilities to report, and the position was eliminated in Missouri to track this
data.
Based on the states that reported the recycling rate of yard waste, there is no correlation
between states that have high recycling rates vs. number of composting facilities through
the state (note these composting facilities include: private municipalities , public
municipalities, and agricultural farms). See Figure 2A.
It was evident during the interviews that each regulator had their own opinion on how
well their state’s policies on yard waste bans were working. Some regulators were really
specific about what they liked and disliked about the ban and others were not as
communicative. As some states do not require municipalities or composting sites to track
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how much tonnage they received, recycle or divert, it is difficult to come to a conclusion
on what state should be suggested as the best state that has a yard waste policy based
on the lack of data. While many of those interviewed acknowledged an expanding role
for recycling yard waste, they had their own view on how to best promote recycling and
the role of recycling in overall solid waste management.
Conclusion
In conclusion, the three states that have the best yard waste policy based on lack of
ambiguities, definitions, policy summaries, other state policies, and diversion/recycling
rates are Connecticut, Massachusetts, and Minnesota. Below are the state yard waste
policies for Connecticut, Massachusetts, and Minnesota:
Connecticut
Connecticut has a yard waste policy that only bans grass at resource recovery facilities
and solid waste facilities, but mandates the recycling of leaves. Leaves are defined as
foliage of trees and grass clippings are defined as plant material produced as a result of
mowing a lawn. Connecticut’s law forbids the burning of leaves and grass at trash-toenergy facilities, so composting is a vital part of their integrated solid waste management.
These mandates give Connecticut the ability to mandate that certain items to be
recycled. In 2010, Connecticut recycled and composted about 26% of the waste stream
and that has remained relatively steady over the past decade. Connecticut still disposes
of 2.4 million tons of trash annually, an estimated 1,370 pounds of trash per person per
year. In order to reduce the waste stream and promote recycling, Connecticut DEEP has
adopted a statewide Solid Waste Management Plan which will serve as the basis for
Connecticut’s solid waste management planning and decision making through FY2024.
Since the adoption of the Solid Waste Management plan, Connecticut is attempting to
increase its recycling rate by (1) promoting Pay-As-You-Throw (PAYT)- free to recycle
but must pay a per-ton fee for trash or unit-based pricing programs and (2) increasing
the amount of food waste diverted from the waste stream.
The Connecticut DEEP has successfully focused efforts on establishing large-scale leaf
composting facilities (required to register and must prove they are composting the
material rather than disposing them through reporting), promoting home composting and
grass-cycling, and sponsoring pilot programs to compost organics at schools and other
institutions. These programs have helped keep food scraps, yard trimmings and grass
out of the waste stream, reduce waste handling and disposal costs, return valuable
nutrients to the soil, and reduce the need for chemical fertilizers, thereby decreasing
non-point source pollution.
Under State law, the hauler is required to:
● Provide a warning notice to customers suspected of violating separation
requirements.
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



Not knowingly mix designated recyclables with trash.
Offer recycling services that are equal to trash services - i.e. if they offer curbside
trash pick-up, they must offer curbside recycling as well.
Assist municipalities to identify customers who are not recycling (creating solid
waste loads containing significant amounts of recyclables) that are detected by
the receiving resource recovery plant or solid waste facility.
Have their garbage loads inspected at solid waste facilities; and if a load contains
a significant amount of recyclables, the load may be rejected. This costs your
hauler time and money. These costs may be passed on to you, the customer.
Massachusetts
Massachusetts state wide yard waste policy ban has been in effect since January 1992
because too much yard waste was making its way and taking up valuable landfill space.
In 1994, Massachusetts conducted a Residential Organics Management study and
found that 925,000 tons of yard waste was generated and of that total, it was estimated
that 475,000 tons of yard waste reminded at home or in a residential composting
facilities. In 2000, the yard waste policy was modified to allow a registration process for
facilities and guidance documents to help a compost site get up and running, instead of
requiring it to go through a full permitting process like an MSW landfill facility (reason as
to why yard waste was still making its way into landfills). Since 2000, there has been
much time and effort put into building infrastructure for yard waste composting facilities
along with educational programs to help the public understand how to dispose of the
yard waste properly. These educational programs include technical assistance, home
composting bins, and workshops.
Massachusetts Yard Waste Policy States that: No person shall dispose, transfer for
disposal, or contract for disposal any of the restricted materials listed in the regulations.
No landfill or transfer facility or combustion facility shall accept the restricted material
expect to handle, recycle or compost the material in accordance with a plan submitted to
the Department of Environmental Protection. Yard waste is defined as grass clippings,
weeds, garden materials, shrub trimmings, and brush 1” or less in diameter (excluding
diseased plants).
According to the MassDEP, the waste bans apply to all solid waste destined for a
Massachusetts landfill, incinerator or transfer station. Waste generators are responsible
for ensuring that they do not contract for the disposal of banned items. Waste facility
operators are responsible for ensuring that unallowable quantities of banned materials
are not disposed or transferred for disposal from their facilities. Facilities must check
incoming waste in two ways. First, all loads must be visually monitored for the presence
of banned materials. Second, random inspections of waste load contents must be
conducted. MassDEP conducts inspections at solid waste facilities to identify haulers
and generators (businesses, institutions, municipalities, etc.) that dispose of banned
materials. Businesses and municipalities that do not divert banned items from their
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waste run the risk of having solid waste facilities reject their waste and charge additional
handling fees, and potential enforcement penalties from MassDEP.
Minnesota
Minnesota’s statewide yard waste policy has been in effect since January 1992 because
a yard waste ban was first introduced in the metropolitan areas and was found to be
successful. There were two composition studies done to see how successful the ban
was working statewide, one in the 1991 and another in 1999. From the first study in
1991, it was concluded that yard waste making its way into landfills declined by more
than 80%, (9.7% percent of the waste stream) as soon as the ban went into effect. The
second study in 1999 showed an additional 8% decrease from entering landfills with a
total of 2.3% of yard waste seeking its way into landfills.
Minnesota’s policy on yard waste states that: A person may not place yard waste in a
mixed municipal solid waste, in a disposal facility or in a resource recovery facility except
for the purpose of reuse, composting or co composting. The state law bans yard waste
from garbage collection and disposal in landfills or waste processing facilities other than
compost facilities. A disposal facility or resource recovery facility may not accept source
separated recyclable materials unless the commissioner determines that no other
person is willing to accept the recyclable material. The definition of yard waste includes:
Garden waste, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. To
help encourage the policy on keeping yard waste out of landfills, there is a statewide
recycling goal to meet 55% by 2020 and Minnesota is heavy on educational programs,
especially backyard composting. Backyard composting helps the public understand why
composting is important and it is important to keep yard waste out of landfills. Counties
provide bins to encourage backyard composting and to help with the education of the
yard waste ban, Minnesota has a grant and loan program that comes from sales tax on
solid waste funds. These funds are distributed to counties based on population to be
used for educational purposes.
In 1989, the Minnesota Legislature adopted comprehensive waste reduction and
recycling legislation based on the recommendations of the Governor's Select Committee
on Recycling and the Environment. SCORE is part of Minnesota’s Waste Management
Act and provides counties with a funding source to develop waste reduction, recycling
and solid waste management programs. Ambitious goals for recycling and waste
reduction were set for Minnesota counties and have typically been met, if not exceeded.
The SCORE Report is an annual examination of Minnesota waste management
programs and data, as well as providing detailed data by county. The figures are
gathered through a formal survey of county solid waste officers. The public can find
information on statewide recycling rates, waste reduction efforts, waste generation
figures, waste processing and disposal, and the SCORE finance and administration in
the report. The MPCA yard waste Compost Permit program requires applicants to a
facility to complete and submit the permit-by rule (PBR) permit application form, operate
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in compliance with the yard waste rules in Minnesota Rules 7035.2836 and complete
and submit an annual report.
Summary
States have instituted disposal bans for yard waste in order to divert organic material to
beneficial use- preserving disposal capacity, promoting the development of infrastructure,
and increasing public understanding through education. By researching all 25 states
policies and conducting interviews with 11 of the 25 states that have yard waste bans,
conclusions can be made on what makes the best yard waste policy. First, states have
different yard waste policy summaries and definitions both broad and narrow, states that
have more broad policies tend to have better yard waste policy structures. Ambiguities in
state policies can be used to avoid penalties without technically breaking the law- they
show that not all yard waste bans are successful because of the “loophole” that allows
yard waste into landfills. To help avoid these loopholes in the policies and definitions,
there are other polices that help encourage the yard waste bans and other organics
diversions. In conclusion, the three states that have the best yard waste policy based on
lack of ambiguities, definitions, policy summaries, other state policies, and
diversion/recycling rates are Connecticut, Massachusetts, and Minnesota. As Delaware
and Vermont have recently implemented a yard waste ban, hopefully in the future other
states can use these states as prime examples and guides to implement a yard waste
ban policy in the other 25 states.
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References
Alexander, K.C. Phone Interview. 23 July 2013.
Buckendahl, Amy. Phone Interview. 23 July 2013.
Compost Activist. Be An Activist. Home Page, 2012. Web. 14 Aug. 2013.
Federal Registrar Vol. 53, No. 166, pgs. 33314-33422
Franciosi, Frank. Phone Interview. 23 July 2013.
Hull, Ross. Email Interview. 19 July 2013.
Kemp, Doug. Phone Interview. 1 August 2013.
Kuter, Geoff. Phone Interview. 22 July 2013.
League of Women Voters.Garbage Primer. New York, NY. Lyons &Burford Publishers,
1993.
League of Women Voters Education Fund. Recycling Is More Than CollectionsQuestions & Concerns From The Ground Up. League Of Women Voters Education Fund.
1991
Martinson, Sumner. Phone Interview. 16 July 2013.
Patel, Sudhir. Phone Interview. 19 July 2013
Stall, Ernie. Phone Interview. 17 July 2013.
Throckmorton, Carol. Phone Interview. 19 July 2013.
US Composting Council Master Database. 2013.
US Composting Council, Model Compost Rules Template, Bethesda, MD. 2013.
USEPA, Code of Federal Regulations, Parts 239-258 Subchapter 1-Solid Wastes, Web.
5 August 2013. US Environmental Protection Agency, Washington, DC
USEPA, Municipal Solid Waste Generation, Recycling, and Disposal in the United States:
Facts and Figures for 2011, US Environmental Protection Agency, Washington, DC
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USEPA, Solid waste Management and Greenhouse Gases, US Environmental
Protection Agency, Washington, DC
Van Haaren, Rob; Themelis, Nickolas; Goldstein, Nora. “The State of Garbage in
America.” BioCycle. October 2010
Waiss, Erik. Email Interview. 19 July 2013.
Wendte, Jim. Email Interview. 22 July 2013.
Wolbert, Brad. Phone Interview. 16 July 2013.
Zbinden, Marcus. Phone Interview. 1 August 2013.
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Appendix A: Tables and Figures
Table 2: Yard Waste Definition Summaries
State
Definition/ Reference
Materials Excluded
Arkansas
Yard Waste means grass clippings, leaves and shrubbery trimmings
-----
Arkansas Statute 8-6-220 (3)
http://statutes.laws.com/arkansas/title-8/chapter-6/subchapter-2/8-6-220
Connecticut
"Leaves" defined as the foliage of trees. "Grass Clippings" defined as means
plant material produced as a result of mowing a lawn
-----
Section 22a-208i(a)-1
http://www.ct.gov/deep/lib/deep/regulations/22a/22a-208i%28a%29-1.pdf
Delaware
Plant materials resulting from lawn maintenance and landscaping activities,
including grass clippings, leaves, pruning’s, brush, shrubs, garden materials,
Christmas trees, and tree limbs up to 4 inches in diameter.
-----
Delaware General Assembly : Delaware Regulations : Administrative Code : Title
1 : 500 (2)
http://regulations.delaware.gov/AdminCode/title1/500/501.shtml#TopOfPage
Florida
“Yard trash” means vegetative matter resulting from landscaping maintenance or
-----
land clearing operations and includes materials such as tree and shrub
trimmings, grass clippings, palm fronds, trees and tree stumps, and associated
rocks and soils.
[Rule 62-709.200(15), Florida Administrative Code (1989)]
https://www.flrules.org/gateway/result.asp
Georgia
Leaves, brush, glass clippings, shrub and tree pruning’s, discarded Christmas
Trees, nursery and greenhouse vegetative residuals, and vegetative matter
resulting from landscaping development and maintenance
O.C.G.A 12-8-22. (42)
Although it is recommended that landclearing debris (trees, stumps, limbs,
etc) be managed in the same manner as
yard trimmings, it is not legally
considered yard trimmings, therefore not
banned from landfills.
http://statutes.laws.com/georgia/title-12/chapter-8/article-2/part-1/12-8-22
http://www.georgiaepd.com/Documents/s
wyrdtrim2.html
Illinois
"Landscape waste" means all accumulations of grass or shrubbery cuttings,
leaves, tree limbs and other materials accumulated as the result of the care of
lawns, shrubbery, vines and trees.
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(415 ILCS 5/3.270)
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?DocName=&ActID=1585&ChapterID
=36&SeqStart=&SeqEnd=&Print=True
“Vegetative matter” means any yard or landscaping waste, including leaves,
grass, brush, limbs, and branches resulting from commercial, industrial, and
agricultural operations or from community activities.
Indiana
IC 13-20-9
http://www.in.gov/legislative/ic/code/title13/ar20/ch9.html
http://www.in.gov/idem/files/nrpd_waste-0019.pdf
Grass, woody vegetative matter that is
less than 3 feet in length and is bagged,
bundled or otherwise contained, very
small amounts of vegetative matter that
is less than 3 feet in length that is
bagged, bundled or otherwise contained
and combined with other solid waste,
Christmas trees, house plants, vegetable
food scraps, vegetate by-products not
derived from landscaping maintenance or
land clearing projects such as from flower
shops and funeral homes, departmentapproved composted vegetative matter
used as cover material for a solid waste
landfill
IC 13-20-9
“Landscape waste” means any vegetable or plant waste except garbage. The
term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves,
grass, shrubbery and yard trimmings.
Iowa
Yard waste does not include tree stumps.
Iowa Solid Waste Control Ch. 105
Iowa Solid Waste Control Ch. 105
http://www.swisheria.org/CHAPTER%20105.htm
Maryland
Organic plant waste derived from gardening, landscaping, and tree trimming
activities, including leaves, garden waste, lawn cuttings, weeds, and pruning’s
Environment Article 9-1701(s)
http://law.justia.com/codes/maryland/2010/environment/title-9/subtitle-17/9-1701/
Massachusetts
Leaves defined as deciduous and coniferous leaf deposition. Yard Waste defined
as grass clippings, weeds, garden materials, shrub trimmings, and brush 1" or
less in diameter.
310 CMR 19.017
http://www.randolphboardofhealth.com/WASTEBAN.pdf
Michigan
Minnesota
Leaves, grass clippings, vegetable or other garden debris, and shrubbery
Michigan Department of Environmental Quality
Brush and tree trimmings less than 4 feet
in length and 2 inches in diameter, are
prohibited from landfills and incinerators
http://www.michigan.gov/documents/deq/deq-oppcabannedlandfillmaterials_286106_7.pdf
Michigan Department of Environmental
Quality
Garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and
pruning’s.
Chapter 115A. Waste Management
https://www.revisor.mn.gov/statutes/?id=115A.03
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Missouri
Leaves, grass clippings, yard and garden vegetation and Christmas trees,
shrubs, vegetable and flower garden waste, brush and trees produced by plant
nurseries, greenhouses and similar operations that grow or produce plants,
trees, flowers or shrubs. Yard waste also includes the plant waste generated or
collected by private, public or commercial lawn care, landscaping, tree-trimming
and plant-care services. Compost produced from yard waste is also considered
to be yard waste and may not be disposed of in a landfill.
Missouri Revised Statutes Chapter 260 Environmental Control
Yard waste does not include stumps,
roots or shrubs with intact root balls,
waste generated in the production of
decorative or ceremonial items such as
wreaths, flower arrangements, corsages
or casket sprays or the decorative items
themselves. Tree trunks or limbs which
have a diameter greater than six inches
are not regulated as yard waste at this
time
http://www.dnr.mo.gov/pubs/pub927.pdf
Missouri Revised Statutes Chapter 260
Environmental Control
Nebraska
Grass and leaves. For purpose of composting, yard waste includes grass and
leaves in combination with chipped trees and branches and other organic
material collected as the result of the care ornamental plants, lawns, shrubbery,
vines, and gardens.
From April 1st to November 30, Yard
waste cannot be disposed in a landfill.
Title 132 Integrated Solid Waste
Management Regulations Chapter 1
Title 132 Integrated Solid Waste Management Regulations Chapter 1
http://www.deq.state.ne.us/Publica.nsf/pages/06-214
New Hampshire
Leaves, grass clippings, weeds, hedge trimmings, garden wastes, and twigs and
brush no larger than 3 inches in diameter and 3 feet in length.
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
http://des.nh.gov/organization//////commissioner/legal/rules/documents/envsw100.pdf
New Jersey
**This ban ONLY bans Leaves**
New Jersey Statute Title 13
http://law.onecle.com/new-jersey/13-conservation-and-development-parks-andreservations/1e-99.21.html
North Carolina
"Yard Waste" means "Yard Trash" and "Land clearing Debris" including stumps,
limbs, leaves, grass, and untreated wood
"Yard trash" means solid waste resulting from landscaping and yard
maintenance such as brush, grass, tree limbs, and similar vegetative material.
"Land clearing and inert debris landfill" means a facility for the land disposal of
land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel
and rock, untreated and unpainted wood, and yard trash.
NC Statutes : G.S 130A-309.10
http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_130A/A
rticle_9.pdf
Ohio
Solid waste that includes only leaves, grass clippings, brush, garden waste, tree
trunks, tree stumps, holiday trees, and pruning’s from trees or shrubs and
vegetative waste resulting from the use of commercial products, including but not
limited to discarded flowers, potted flowers, or grave blankets that do not include
plastic, metal, Styrofoam, or other non-biodegradable material.
Administration Code 3745-27-01
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http://codes.ohio.gov/oac/3745-27-01
Pennsylvania
Leaves, garden residues, shrubbery and tree trimmings and similar material.
Does not include grass clippings.
Pennsylvania act 101
http://www.dep.state.pa.us/dep/deputate/airwaste/wm/recycle/coordinators/Refer
ences/LEAF_WASTE_COLLECTION.pdf
Rhode Island (not
a ban only
mandatory
recycling)
Seasonal deposition of leaves from deciduous and coniferous trees and
shrubbery, grass clippings, weeds, herbaceous garden waste, shrub and tree
pruning’s, and brush
42-35 of the Rhode Island
General Laws of 1956, as amended
http://www.dem.ri.gov/pubs/regs/regs/stratpol/muniregs.pdf
South Carolina
Solid waste consisting solely of vegetative matter resulting from landscaping
maintenance.
http://www.scdhec.gov/environment/lwm/regs/R61-107_4.pdf
South Dakota
Leaves, grass clippings, and other similar waste vegetative material.
SL 1992, Ch. 254, § 23; SL 1993, Ch. 261
http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=34A6-61
West Virginia
Grass clippings, weeds, leaves, brush, garden waste, shrub or tree pruning’s and
other living or dead plant tissues.
WV Statute 22-15A-1
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=22&art=15A
Inadvertent contamination or mixture with
other substances which render the waste
unsuitable for composting, are not yard
waste: Provided that the same or similar
waste generated by commercial
agricultural enterprises is excluded.
West Virginia Statute
Wisconsin
Leaves, grass clippings, yard and garden debris and brush, including clean
woody vegetative material no greater than 6 inches in diameter
Wisconsin Statutes Chapter 287.01(17)
http://statutes.laws.com/wisconsin/287/287.01
Vermont
“Leaf and yard residual” means source separated, compostable untreated
vegetative matter, including grass clippings, leaves, Kraft paper bags, and brush,
which is free from non- compostable materials
Yard waste does not include such
materials as pre- and postconsumer food
residuals, food processing residuals, or
soiled paper
Vermont General Assembly
Vermont General Assembly
http://www.leg.state.vt.us/docs/2012/Acts/ACT148.pdf
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Table 3: State Yard Waste Policy Summaries
State
Policy/Reference Code
Arkansas
It is illegal for yard waste to be placed in a soil waste management facility solely for the purpose of
disposal.
Arkansas Statues: Yard Waste 8-6-220:
http://statutes.laws.com/arkansas/title-8/chapter-6/subchapter-2/8-6-220
Connecticut
The items required to be recycled in accordance with Section 22a-208v and Section 22a-256a of the
Connecticut General Statutes and Section 22a-241b of the Regulations of the Connecticut State
Agencies include: Leaves (must be composted)
http://www.stamfordct.gov/solid-waste-recycling/pages/connecticut-recycling-law
The Connecticut Resources Recovery Authority, shall provide for a program of public information to
promote the recycling of grass clippings by composting at the property where the grass clippings are
generated, by allowing the grass clippings to decompose in place or by composting grass clippings at a
municipal or commercial composting facility
Connecticut General Statutes > Title 22a > Chapter 446d > § 22a-208v
http://www.lawserver.com/law/state/connecticut/ct-laws/connecticut_statutes_22a-208v
Delaware
Yard waste cannot be disposed of in the landfill. Yard waste that is separated and not mixed with trash
can still be brought to DSWA Landfills and Transfer Stations where it will be placed in a separate area
for recycling.
Implemented by : DSWA, DNREC, Hailers and Landscaping Company Delaware General Assembly :
Delaware Regulations : Administrative Code : Title 1 : 500
http://www.dswa.com/programs_yard.asp
Florida
A person who knows or should know of the nature of the following types of solid waste may not dispose
of such solid waste in landfills: Yard trash in lined landfills classified by department rule as Class I
landfills.
Florida Administration Code Ch. 62-709
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-709
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=04000499/0403/Sections/0403.708.html
Georgia
Each city, county, or solid waste management authority shall impose restrictions on handling for yard
trimmings generated or disposed. Must be separated from all municipal solid waste. Banned from all
municipal solid waste landfills with liners/leachate collection systems and all municipal solid waste
landfills which have received vertical expansion under the act. (Includes all construction and demolition
landfills which have received a vertical expansion under the act).
Guidance Document Management of Yard Trimmings-O.C.G.A. 12-8-40
http://www.georgiaepd.com/Documents/swyrdtrim2.html
Illinois
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No person may knowingly mix landscape waste that is intended for collection or for disposal at a landfill
with any other municipal waste. No person may knowingly put landscape waste into a container
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intended for collection or disposal at a landfill, unless such container is biodegradable.
No owner or operator of a sanitary landfill shall accept landscape waste for final disposal, except that
landscape waste separated from municipal waste may be accepted by a sanitary landfill .
2005 Illinois Code - 415 ILCS 5/ Environmental Protection Act. Title I - General Provisions
http://www.ilga.gov/legislation/ilcs/documents/041500050K22.22.htm
Indiana
A person may not knowingly deposit vegetative matter resulting from landscaping maintenance and
land clearing projects in a solid waste landfill.
IC 13-20-9
http://www.in.gov/legislative/ic/code/title13/ar20/ch9.html
Iowa
Land disposal of yard is prohibited. Each city and county requires to separate yard waste from other
solid waste generated. Municipalities which produced a collection system for solid waste shall provide
for a collection system for yard waste which is not composted. Prohibits the incineration of yard waste
at a sanitary disposal project.
2009 Iowa Code Title 11- Natural Resources Subtitle 1 Chapter 445D
http://law.justia.com/codes/iowa/2009/title-11/subtitle-1/chapter-455d/455d-9/
Maryland
Must separate yard waste from solid waste. An owner or operator of a refuse disposal system may not
accept truckloads of separately collected yard waste for final disposal.
Maryland Environmental Article 9
http://law.justia.com/codes/maryland/2010/environment/title-9/subtitle-17/9-1724/
Massachusetts
State regulations give the State Department of Environmental Protection authority to restrict the
disposal of the material if it presents a potential adverse impact to public health safety of the
environment. "No personal shall dispose transfer for disposal or contract for disposal any of the
restricted materials listed in the regulations. No landfill or transfer facility or combustion facility shall
accept the restricted material expect to handle, recycle or compost the material in accordance with a
plan submitted to the Department of Environmental Protection."
Leaves and Yard waste ban on disposal or incineration or transfer for disposal at a solid waste disposal
facility. Solid waste facilities (including landfills, combustion facilities, and transfer stations) are required
to submit waste ban compliance plans to MassDEP that demonstrate how they will prevent banned
materials from being disposed with the rest of MSW.
310 CMR- General Requirements, Procedures and Permits for Solid Waste Management Facilities
http://www.lawlib.state.ma.us/source/mass/cmr/cmrtext/310CMR19.pdf
Michigan
Yard waste are banned from landfills and incinerators
http://www.legislature.mi.gov/%28S%285ainwhaanavzpja3n3yzjw45%29%29/mileg.aspx?page=GetOb
ject&objectname=mcl-324-11521
Michigan Solid Waste Act 324.11521
Minnesota
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A person may not place yard waste in a mixed municipal solid waste, in a disposal facility or in a
resource recovery facility except for the purposes of reuse, composting or co composting. State law
bans yard waste from garbage collection and disposal in landfills or waste processing facilities other
than compost facilities
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MN statutes 2009 115A.931
https://www.revisor.mn.gov/statutes/?id=115A.931&year=2009
Missouri
Yard waste shall not be deposed of in a solid waste disposal area except otherwise provided.
Missouri Revised Statutes Chapter 260 Environmental Control
http://www.moga.mo.gov/statutes/C200-299/2600000250.HTM
Nebraska
From April 1st to November 30, Yard waste cannot be disposed in a landfill.
Nebraska Revised Statutes 13-2039
http://www.deq.state.ne.us/Publica.nsf/pages/06-214
New Hampshire
Prohibits the disposal of leaf and yard waste in both landfills and incinerators. Must have mandatory
source separated of yard waste from garbage.
No leaf or yard waste shall be disposed of in a solid waste landfill or incinerator including any waste-toenergy facility. Any person who violates this paragraph shall be subject to the penalties and
enforcement provisions of RSA 149-M: 15 and 16.
New Hampshire Code of Administrative Rules. New Hampshire Refuse Reduction Revised Statutes
149-M:27
http://law.justia.com/codes/new-hampshire/2010/titlex/chapter149-m/section149-m-27/
New Jersey
All leaves collected by a municipality pursuant shall be transported to a leaf composting facility,
vegetative waste composting facility or recycling center authorized or approved by the department.
New Jersey Statute Title 13
http://law.onecle.com/new-jersey/13-conservation-and-development-parks-and-reservations/1e99.21.html
North Carolina
No Person may knowingly dispose of yard waste in solid waste landfills. Yard trash is source separated
from solid waste may be accepted at a solid waste disposal area where the area provides and
maintains separate yard trash composting facilities.
NC Statutes: G.S 130A-309. 10 Subchapter 13B- Solid Waste Management Section .0100- General
Provision
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_130A/GS_130A309.10.html
Ohio
Yard waste ban is on source separated loads of yard waste and applies only to landfills. The owner or
operator shall not accept for disposal or dispose of yard waste at a sanitary landfill facility.
OAC 3745-27-19
http://codes.ohio.gov/oac/3745-27-19
Pennsylvania
A waste disposal restriction to how "leaf waste" is transported for disposal, restricting disposal of
"truckloads composed primarily of leave waste.
Persons in mandated municipalities to separate leaf waste from other municipal waste generated at
residential commercial and municipal and institutional establishments.
Act 101 section 1501
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Rhode Island
Recyclable materials which must be segregated from municipal solid waste and kept in a
condition to meet minimum market standards are listed in Appendix 1
State of Rhode Island and Providence Plantations: Department of Environmental Management Office
of Strategic Planning and Policy
South Carolina
http://www.dem.ri.gov/pubs/regs/regs/stratpol/muniregs.pdf
Disposal of yard trash and land clearing debris in a municipal solid waste landfill or a resource recovery
facility shall be prohibited. Yard Waste municipal solid waste landfills only. Landfill disposal ban on
grass.
South Carolina Department of Health and Environmental Control Regulation 61-107.4
http://www.scdhec.gov/environment/lwm/regs/R61-107_4.pdf
South Dakota
No landfill in the state may accept yard waste for disposal.
2010 South Dakota Code: Title 34A – ENVIRONM
Ental Protection : Chapter 06 - Solid Waste Management: Section 34A-6-61
http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=34A-6&Type=StatuteChapter
Vermont
If the waste is being delivered from a municipality that does not have an approved implementation plan,
yard waste leaf and yard residuals shall be removed from the waste stream. Beginning July 1, 2015,
collect leaf and yard residuals separate from other solid waste and deliver leaf and yard residuals to a
location that manages leaf and yard residuals
Vermont General Assembly : Universal Recycling of Solid Waste H.485
http://www.leg.state.vt.us/docs/2012/Acts/ACT148.pdf
West Virginia
It is unlawful to dispose of yard waste in a solid waste facility in West Virginia: Provided that the
prohibitions do not apply to a facility designed specifically to compost yard waste or otherwise recycle
or reuse yard waste
West Virginia Statute 22-15A-22
http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=22&art=15A&section=22
Wisconsin
No person may dispose of yard waste in a landfill or in any other solid waste disposal facility.
Wisconsin Administration Code: Wisconsin Statutes : Chapter 287: Solid Waste Reduction, Recovery,
and Recycling.
http://docs.legis.wisconsin.gov/statutes/statutes/287.pdf
Table 4A: State Yard Waste “Loopholes”
State
Loophole
Arkansas
"Fugitive Yard Waste" means small quantities that escape the approved methods of usage, reduction,
reuse, or composting yard waste
If authorized by the Arkansas Department of Environmental Quality through a permit modification
process including a public notice and comment period, yard waste may be accepted by a permitted solid
waste landfill that operates a landfill gas-to-energy system for the recovery and use of landfill gas as a
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renewable energy fuel source.
http://statutes.laws.com/arkansas/title-8/chapter-6/subchapter-2/8-6-220
Delaware
Yard Waste doesn’t have to be accepted into a facility if the CEO determines the yard waste would have
an adverse effect on the facility.
http://regulations.delaware.gov/register/july2011/proposed/15%20DE%20Reg%206%2007-01-11.htm
Florida
Section 403.708: This section, modified by the Legislature in 2010, allows for yard trash to be accepted
at a Class I landfill if it uses an active gas collection system to collect landfill gas generated at the
disposal facility and provides or arranges for a beneficial use of the gas. It also includes language that
states that a Class I landfill may also accept yard trash for the purpose of mulching and using to provide
landfill cover
http://www.dep.state.fl.us/waste/categories/recycling/pages/laws.htm
Georgia
Yard waste is not banned from: private industry landfills which take solid waste from their own industry
and inert waste landfills which are considered permit-by-rule facilities and landfills that have methane
capture systems.
http://www.georgiaepd.com/Documents/swyrdtrim2.html
Illinois
No person may knowingly mix landscape waste that is intended for collection or for disposal at a landfill
with any other municipal waste.
“May Knowingly” will allow yard waste to go into landfills.
http://www.ilga.gov/legislation/ilcs/documents/041500050K22.22.htm
Indiana
IC 13-20-9-2
Deposit of vegetative matter in solid waste landfill prohibited
Sec. 2. Except as provided in section 4 of this chapter, a person may not knowingly deposit
vegetative matter resulting from landscaping maintenance and land clearing projects in a solid waste
landfill. “May Knowingly” will allow yard waste to go into landfills.
Yard waste disposal can continue if the landfill has implemented ac comprehensive landfill gas recovery
process, including energy sale. Solid waste landfills with methane production facilities are no longer
exempt from the yard waste disposal ban.
http://www.in.gov/idem/files/nrpd_waste-0019.pdf
Maryland
An owner or operator of a refuse disposal system may not accept truckloads of separately collected
yard waste for final disposal.
Maryland Environmental Article 9
Michigan
http://law.justia.com/codes/maryland/2010/environment/title-9/subtitle-17/9-1724/
Yard waste is allowed in a Type 2 landfill, but only in minimis quantities by the following: commingled
with other waste in the truckload, small in quantity, and an incidental manner.
Minnesota
A disposal facility or resource recovery facility may not accept source separated recyclable materials
UNLESS the commissioner determines that no other person is willing to accept the recyclable materials.
Missouri
Yard waste may be disposed of in a municipal solid waste disposal area or portion of municipal solid
waste disposal area provided that: the landfill gas produced by the bioreactor shall be used for the
generation of electricity and the department has approved the municipal solid waste disposal area or
portion of the solid waste disposal area to operate as a bioreactor.
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http://www.moga.mo.gov/statutes/C200-299/2600000250.HTM
Nebraska
A landfill may accept yard waste from December 1st to March 31st.
A landfill may accept yard waste year round if used for production and recovery of methane gas for use
as fuel with approval of department and a permit
http://www.deq.state.ne.us/Publica.nsf/pages/06-214
New Hampshire
This is what facilities have to do to notice if they receive yard waste at their landfills.
(1) Posting signs at the facility providing notice of the prohibition against disposing of leaf and yard
waste.
(2) Written notification to, or agreements with, the facility’s customers providing notice of the prohibition
against disposing of leaf and yard waste.
(3) Implementation of a procedure for periodically monitoring incoming waste to detect leaf and yard
waste at the facility and a process to notify customers that they have delivered such waste in violation of
subparagraph
http://law.justia.com/codes/new-hampshire/2010/titlex/chapter149-m/section149-m-27/
North Carolina
No person shall knowingly dispose yard trash in landfills except in landfills approved for the disposal
under rules adopted by the Commission.
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_130A/GS_130A309.10.html
Ohio
Once yard waste is mixed with trash, the landfill owner/operator can accept it for disposal.
http://codes.ohio.gov/oac/3745-27-19
Pennsylvania
The ban on leaf waste at landfills and resource recovery facilities is applicable for truckloads contain
more than 50% leaves.
West Virginia
Allows Director of DEP to grant exemptions when none of the foregoing options are practical. Former
directors have used this rule to exempt any municipality that didn’t want to compost yard waste.
Yard Trimmings: (landfills can get a waiver for yard trimmings if there is no composting facility nearby)
http://www.legis.state.wv.us/legisdocs/code/22/WVC%2022%20%20-%2015%20A%20%2022%20%20.htm
http://www.wvhighlands.org/VoicePast/VoiceOct99/FinsteinArt.Oct99Voice.htm
Wisconsin
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May not burn yard waste without energy recovery in a solid waste facility in this state.
http://docs.legis.wisconsin.gov/statutes/statutes/287.pdf
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Figure 1: # of Compost Facilities
# of Compost Facilities
442
Ohio
Massachusetts
Florida
Kansas
Indiana
Texas
Minnesota
Washington
North Carolina
Iowa
Tennesse
South Carolina
Colorado
Georgia
North Dakota
Utah
New Hampshire
Missouri
Rhode Island
Nebraska
Mississippi
Alaska
Montana
Delaware
West Virginia
4
37
37
36
35
32
31
22
21
21
21
19
18
17
15
14
11
10
9
92
83
74
73
70
68
64
62
59
59
56
53
53
51
50
49
149
138
131
123
123
122
111
165
237
224
296
292
347
Reference: US Composting Council Master Compost Database. 2013
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Figure 2: Recycling Rates vs. Composting Facilities
70%
250
60%
200
Recycling Rate (%)
# of Compost Facilities
# of
Compost
150
Facilities
in each
100
state
50%
Recycling Rates 40%
(%)
30%
20%
50
10%
0%
0
STATE
References: Arkansas Department of Environmental Quality. State of Recycling in Arkansas 2012. Web. 5 August 2013. <
http://www.adeq.state.ar.us/solwaste/branch_recycling/pdfs/report_state_of_recycling_2012.pdf>
Brian Rosa. FW: United States Composting Council. Krista Hubbard. 22 July 2013. Email.
Connecticut Department of Energy and Environmental Protection.CT Statewide Average Municipal Solid Waste (MSW) Statistics 2011.Web. 5 August
2013.<http://www.ct.gov/deep/cwp/view.asp?a=2714&q=453366>
Delaware Solid Waste Authority. DSWA Report 2012. Web. 5 August 2013. <http://www.dswa.com/about_annualreport.asp>
Florida Department of Environmental Protection.Solid Waste Management in Florida Annual Report 2012. Web. 5 August 2013. <
http://www.dep.state.fl.us/waste/categories/recycling/SWreportdata/12_data.htm?>
Illinois department of commerce and economic opportunity.Illinois Commodity/ Waste Characterization Study 2009. Web. 5 August 2013. <
http://www2.illinois.gov/gov/green/Documents/Waste%20Study.pdf>
Jim Wendte. SD Landfill Prohibitions. Krista Hubbard. 22 July 2013.Email.
Maryland Department of the Environment. Maryland Solid Waste Management and Diversion Report – 2012. Web. 5 August 2013.
<http://www.mde.state.md.us/programs/Land/RecyclingandOperationsprogram/Publications/Pages/Programs/LandPrograms/Recycling/publications/index.aspx>
Michigan Department of Environmental Quality.Annual Reports of Solid Waste Landfilled in Michigan 2012. Web. 5 August 2013.
<http://www.michigan.gov/documents/deq/DEQ-OWMRP-SWS-SolidWasteAnnualReport-FY12_409604_7.pdf >
Minnesota Pollution Control Agency. SCORE Database. 2013.Web. 5 August 2013. < http://www.pca.state.mn.us/index.php/data/score/recycling-and-solidwaste-data.html>
State of New Jersey Department of Environmental Protection Solid Waste management Program. Generation, Disposal and Recycling Rates by County 2010.
Web. 5 August 2013. < http://www.pca.state.mn.us/index.php/data/score/recycling-and-solid-waste-data.html>
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South Carolina South Carolina Department of Health and Environmental Control. S.C. Solid Waste Management Annual Report for Fiscal Year 2012. Web. 5
August 2013. <http://www.scdhec.gov/environment/lwm/recycle/annual_report.htm>
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Appendix B: Interview Questions
1. Do you think the prohibition of yard waste in landfills (make sure its landfills and if
not change to what the yard waste is banned from) is successful overall? Why or
why not? Explain.
a. How do you measure that success?
i. Tons
ii. Facilities
iii. Diversion
b. In your state, do you think the prohibition of yard waste in landfills (make
sure its landfills and if not change to what the yard waste is banned from)
is successful? Why or why not? Explain.
i. How do you measure that success?
1. Tons
2. Facilitates
3. Diversion
ii. If yes, what policies in the ban are the most successful? Explain
iii. What policies in the ban are the least successful? Explain
2. If you could improve your states policy on prohibiting yard waste from landfills (if
not landfills what from) what would you add, take out, or keep the same?
a. Would you change to (look up to see what they are banned from originally)
i. Types of Disposal Facilities
1. Landfills
2. Waste to Energy Facilities/Incinerators
3. Transfer Stations
4. All the above
ii. Types of Generators
1. Haulers
2. Municipalities
3. Commercial
4. Residential
5. Other- please detail
6. All generators
b. Would you add additional organics to the ban such as food waste?
c. Here is what your states definition of yard waste is (read definition).Here
is what your state leaves out in the definition (if they do leave out).
i. Do you agree with it? Disagree? Please explain
d. Since the ban, do you see more yard waste being composted at homes
because of the idea of “source separating” rather than put out to the curb
for recycling resulting from the ban?
i. Do you know of any evidence of this study?
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3.
4.
5.
6.
7.
e. Do you see an increase in recycling with states that have both a
mandatory recycling program and a ban? Specifically yard waste?
i. Example States: Pennsylvania (leaves only), South Dakota,
Connecticut (grass only)
What other state policies are in place to encourage yard waste and other
organics diversion?
a. mandatory recycling (e.g., requirements for set out of yard waste; NJ and
RI do this)
b. hauler requirements (e.g., requiring haulers or landscapers to divert yard
waste from disposal)
c. state recycling or diversion goals
d. grant/loan programs
e. permitting regulations/legislation that facilitate composting facilities (e.g.,
PA's permit system that encourages on-farm composting)
f. disposal fees/surcharges (e.g., PA's fees help fund the state's grant and
outreach program for recycling/composting)
g. other material bans (I suspect that states with multi-material bans may in
general encourage a culture of waste diversion)
h. requirements for local jurisdictions to have solid waste management plans
in place and/or meet certain recycling levels
i. encouraging pay-as-you-throw trash fees at the local level (e.g.,
households that have to pay for the trash they set out have a direct
economic incentive to compost at home and set out their yard trimmings
at the curb for composting)
j. Other?
When the ban was first implemented, what was the public’s response?
a. How favorable was it?
b. Was there a push back from counties, municipalities or generators?
c. How was the ban implemented back then compared to today?
Has the yard waste ban increased composting overall?
a. Does your state track tonnage of compost?
b. Does your state evaluate yard waste generated?
c. Does your state track the number of facilities that accept yard waste?
d. Has your state done any formal analysis or studies regarding the tracking
of compost and yard waste?
Is there any enabling legislation or regulations happening right now in your state
regarding yard waste?
What future policies do you think are needed to increase organics diversion?
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Appendix 3: Interview Responses
State Regulator Officials: 11 out of 25 states were interviewed: Connecticut, Iowa,
Massachusetts, Minnesota, Nebraska, New Hampshire, New Jersey, Ohio, South
Dakota, West Virginia and Wisconsin
►Each state regulator based success of yard waste in disposal facilities different ways.
8 of 11 state regulators agreed that their yard waste policy is successful. These states
were Connecticut, Iowa, Massachusetts, South Dakota and West Virginia. Success was
based on previous studies, how communities dispose of yard waste and educational
outreach. Failure was based on lack of comments and yard waste policies ambiguities.
● Connecticut: Yes, the policy has been in place since 1990 and there was a
characterized study that yard waste wasn’t being left into the waste stream and more
was being recycling. It is successful because it’s there.
● Iowa: The policy is successful because yard waste is not going into landfills
and there are a lot of educational programs to help the public source separate.
● Massachusetts: Yes, every community diverts yard waste for disposal
●Minnesota: Yes, yard waste is being diverted; jobs are being created within the
state. This is based off of the annual report and the submission of documentation
every year.
● Nebraska: No comment.
●New Hampshire: Yes, logical issues, landfills don’t want to accept it because of
waste of air space. Also the town pays to get rid of the yard waste,
● New Jersey: No comment
● Ohio: Does not think there policy is working statewide because the state
doesn’t regulate who takes in yard waste (if yard waste is mixed with trash than
it’s accepted), and trash can be mixed with yard waste.
● South Dakota: The policy is a very reasonable way to manage yard waste
● West Virginia: It is somewhat successful; it’s not getting into the waste stream
● Wisconsin: The policy is successful because it is reducing the amount of yard
waste going into landfills. The policy is successful because it is reducing the
amount of yard waste going into landfills. Strategies for the ban are to compost at
home, source-separate and properly dispose of it at a composting facility, and
people are leaving the yard waste on their laws to start backyard composting.
Most cities have educational programs on composting that have low cost
composting bins. Also there are over 1,100 recycling programs within the state.
►Some state regulators would change their policy. 5 of the 11 state regulators said their
policy could be strengthened.
● Connecticut: No comment
● Iowa: Would add an incentive program to recycle yard waste, wants to push
mindset with the public.
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● Massachusetts: Already modified regulations in early 2000’s.
●Minnesota: Would add a ban to adding yard waste to plastic bags statewide.
● Nebraska: Loosening the ban now to allow yard waste back into landfills for
gas production
http://www.deq.state.ne.us/Publica.nsf/1ddd539d20b2b73986256870007
b30a8/4aed925e063574e7862572b40065ced1
●New Hampshire: Would like to see more education involved within the policy.
Certifications for training
● New Jersey: The department would have to make this decision
● Ohio: Change that it would require haulers to separate that yard waste from
solid waste.
● South Dakota: No comment
● West Virginia: Not apply change to anything
● Wisconsin: Would add penalties for not separating their yard waste.
►Each state regulator had a different view about what a yard waste definition should
include. 7 out of 11 state regulators agreed that their definition of yard waste was
acceptable. 3 of the 11 state regulations said they would change their definition of yard
waste to something more specific or broad
● Connecticut: Agreed that their definition of grass trimmings and leaves was
acceptable
● Iowa: Yes, the definition is good. The definition was recently changed to be
more specific.
● Massachusetts: Yes, the definition is good. It covers everything that falls into
your backyard, would not change anything in the definition.
Minnesota: Would allow Christmas trees to be added to the definition. The
infrastructure is there to allow them into the facilities, so there is no reason why they
should be landfilled.
● Nebraska: No comment
● New Hampshire: Definition is good
● New Jersey: No comment.
● Ohio: Mostly agree with the yard waste definition, would make it broader and
add land clearing developers to the definition.
● South Dakota: No comment
● West Virginia: Acceptable definition of yard waste
● Wisconsin: Overall happy with the definition of yard waste, but some things
could be clearer
► Some states have bans on yard waste, states also/or have a mandatory recycling
program where it is required to recycle yard waste. 8 of the 11 states agreed that states
should not have a mandatory recycling program for yard waste and a ban on yard waste.
● Connecticut: No comment
● Iowa: Yes, it is good to have both
● Massachusetts: Don’t need both
●Minnesota: It would be good to have both.
● Nebraska: No comment
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● New Jersey: No comment.
●New Hampshire: Having both is not a necessary activity. It would only cost
more money.
● Ohio: Agrees (if mandated more people would compost)
● South Dakota: No comment
● West Virginia: Not considered
● Wisconsin: No comment
► When bans come into place, sometimes there is a pushback from the public, counties,
municipalities or generators. 4 of the 11 state regulators said that when the ban was
implemented, there was pushback:
● Connecticut: Since there are no landfills in Connecticut everyone knew they
had to recycle, so there was no pushback.
● Iowa: It wasn’t a huge deal putting the ban in place because people were
already doing brush recycling.
● Massachusetts: First the ban was put in legislation so the public new it was
coming. Worked through educational programs and built the infrastructure so when it
was time, people were in compliance.
●Minnesota: When the ban was put into legislation, there weren’t enough
infrastructures to accept the yard waste. There was also a growing pain because of the
acceptance of yard waste into plastic bags that caused trouble. It took a couple of years
for the public to get used to it.
● Nebraska: Haven’t heard the public mention it in a good or bad way.
Sometimes composting sites are in their “backyards” and they complain about odors
●New Hampshire: Wasn’t focusing on the ban at the time of employment. Don’t
know if there was pushback’s.
● New Jersey: Cannot answer question
● Ohio: Yes because communities didn’t want to pick up the responsibility to
separate yard waste, nowhere for yard waste to go because there was no infrastructure.
● South Dakota: No Comment
● West Virginia: The ban formed legislation in 1993, but was not implemented
until 2001.
● Wisconsin: Wasn’t around
►Yard waste bans are an incentive to start the public to compost at home. 4 of the 11
state regulators say that more yard waste is being composted at homes rather than
disposed.
● Connecticut: No comment
● Iowa: Don’t see more composting at homes. Towns do the curbside pickup and
composting sites are extremely convenient. (Everyone wants their homes to look
like English Parks)
● Massachusetts: No comment
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● Minnesota: Yes, heavily focus on backyard composting, especially in the
metropolitan areas. There are bins distributed by county.
● Nebraska: No comment
● New Hampshire: Don’t know because don’t have that information
● New Jersey: No comment
● Ohio: Yes, although not tracked, there are educational programs being
implemented.
● South Dakota: No comment
● West Virginia: Yes because each county encourages it.
● Wisconsin said there is no way of measuring this. Not sure if successful.
► 8 of the 11 state regulators said that their state tracks the number of facilities.
● Connecticut: Yes
●Iowa: Yes
●Massachusetts: Yes
● Minnesota: Yes
●Nebraska: No comment
● New Hampshire: Yes
●New Jersey: No comment
●Ohio yes but estimated because registering is free, so not 100% accurate
because facilities may cancelled, but it’s updated based on who does annual reports
●South Dakota: No comment
●West Virginia: Yes
●Wisconsin: Yes
►States that have yard waste facilities, they should be able to track the amount of yard
waste that is taken in and recycled. 4 of the 11 state regulators said that their states
evaluate yard waste generated.
● Connecticut: Don’t track tonnage produced, but track tonnage recycled.
● Iowa: No, does not track yard waste
● Massachusetts: Don’t track how much is generated, but tracked how much is
recycled, although not all facilities are required to report, so it’s a lower number.
●Minnesota: Yes, submits annual report
● Nebraska: Too much space and too rural of a population to track.
● New Hampshire: No, do not track amount of compost.
● New Jersey: Tracks the weight of leaves, grass clippings and brush delivered.
● Ohio: Yes, it is estimated though; don’t know how much is going into landfills.
● South Dakota: Tracks how much yard waste composted and diverted, but not
generated.
● West Virginia: Tracks how much yard waste has gone into the waste stream,
estimated, goes off of EPA yard waste generated.
● Wisconsin: Does not evaluate yard waste generated or recycled.
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►States that have facilities to accept yard waste and compost should be able to track
the amount of compost that is generated. 5 of the 11 state regulators said their states
track tonnage of compost
● Connecticut: Don’t track tonnage produced, but track tonnage recycled
● Iowa: Track compost every few years for permitted and non-permitted sites
● Massachusetts: Yes, although it is not required for facilities to report, so its not
an accurate number
● Minnesota: Yes, have to submit an annual report
● Nebraska: Too much space and too rural of a population to track.
● New Hampshire: Simply do not track.
● New Jersey: Does not track
● Ohio: Yes, tracks tonnage composted
● South Dakota: Yes, based off of survey responses
● West Virginia: No way of tracking
● Wisconsin: Recently implemented a new rule that for the first time composting
facilities must report the amount of material they bring in and take off (for licensed
facilities) for 2014
►Yard waste should not be the only organic material banned in a state. States should
consider a food waste ban. 10 of the 11 state regulators said they would add food waste
to the banned materials.
● Connecticut: There is already a commercial food waste requirement that it has
to be recycled.
● Iowa: Have been prepared for a food waste ban, infrastructure already in place.
● Massachusetts: Proposed new regulations on commercial food waste ban in
place. To start in 2014
● Nebraska: Food waste will probably slide into Anaerobic Digestion as soon as
the technologies profitable to those who use it.
● New Hampshire: Would like to see a food waste, ban but its not in the budget
at the moment.
● New Jersey: Yes, the department is considering implemented a ban, but it
would not accrue the very near term.
● Ohio: Yes, although it wouldn’t be successful because of how unsuccessful the
yard waste ban is.
● South Dakota: No comment
● West Virginia: Would like to see it in the future.
● Wisconsin: Has considered, building infrastructure to allow other materials that
are not banned yet to be accepted into these facilities so when a ban like this comes into
place, it has somewhere to go.
►States not only have a ban on yard waste, but they also have other policies to help
encourage not only yard waste bans, but encourage the diversion of organics. 8 out of
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11 state regulators said they have other policies to help encourage the diversion of
organics.
● Connecticut: Mandatory recycling, state diversion goals, permitted regulations,
other recycling bans, ordinance (but no penalties), and pay as you throw
● Iowa: Educational programs and grants.
● Massachusetts: Spent much time building infrastructure, educational programs,
grant money (back then, there is no money now) and other materials are banned.
●Minnesota: State recycling goal of 55% by 2020, disposal fee on haulers, grant
programs, and educational outreach on backyard composting
● Nebraska: Spends no money on enforcement expect for the very rare visit to a
complaint site. No money spent on public education either.
New Hampshire: Encourage pay as you throw programs throughout the state on
a per ton basis at minimal cost and permitted regulations on composting facilities (only
for food waste), training programs and education
● New Jersey: Mandatory recycling, state recycling diversion goals, grant/loan
programs, permitted regulations/legislation that facilitate composting facilities,
requirements for local jurisdiction to have solid waste management plans in place.,
compliance fees for permitted composting facilities, exempt recycling center fee. Fines
for not source separating and recycling ordinance.
● Ohio has disposal fees, educational programs, other materials banned, grant
programs (although now they are being used for food waste rather than yard waste)
● South Dakota: No comment
● West Virginia: No Comment
● Wisconsin has outreach programs, grant programs, and recycling programs.
Exemptions for facilities that collect yard waste for composting, makes it easier for
municipalities to do a yard waste and composting facility.
State Composters: Massachusetts and North Carolina
► In regards to North Carolina: Bans are important to stimulate diversion. Economics
plays a huge role. Bans are a good way to start the process if and when there is good
infrastructure.
● The yard waste ban is successful in areas where there is infrastructure. This
tends to be in the highly dense populated areas. IN the smaller rural areas, yard waste
ends up in landfills, although it tends to be a small amount.
● Every composting facility has to fill out an annual report. The report is in tons.
The form is very basic though, North Carolina would love to add more specific things for
the compost facilities to track. Want to Protect it, justify if- and have all the data needed.
● North Carolina would change their policy of the yard waste ban. They would
take out the “knowingly dispose” part
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● The ban has not been looked at nor revised since it was put into place. When
the ban was implemented there was no uproar, there was a point where the ban was
enforced, so if it was taken away then the public would have uproar.
● There isn’t more yard waste being composted at home because of the ban.
People are “lazy” in North Carolina.
● There used to be other state polices to increase organic diversion, like grant
and educational programs. The grant funding discontinued, and there are no “bodies” to
enforce and educate on the policy
● Even though there is infrastructure to have an organics ban, its not worth it at
this time in North Carolina. There has to be legislative quantity written and lobbyists are
“up in arms” about it.
► In regards to Massachusetts: The yard waste ban is a great program. There is not a
lot of yard waste going into solid waste incinerators and landfills. The program has
resulted in a number of public facilities to accept yard waste and now the composted
material can be sold for composting projects.
● The problem with the policy is that in rural areas, composting infrastructure is a
problem. As more communities become more financially strapped for money, programs
are not being maintained as well. Communities are under pressure to provide these
types of services.
● There used to be an incentive program. Direct cash was given to communities
for how much they composted, but it has stopped to do financial issues. As of now,
there is a grant program for communities.
● Composting facilities don’t have to report their data, simply because it is not
required, only voluntary. It is difficult to obtain this data. For composting at homes, there
is no way to collect this data.
● Putting this food waste ban into place is going to create significant problems.
It’s not going to be as easy as the yard waste ban. It’s going to be extremely difficult to
enforce and it’s going to create contamination problems. It’s going to be tough to get
clean material suitable for composting. The biggest challenge will be separation,
collection, and training.
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