Landfill Disposal Bans

On October 1, 2009, a plastic bottle disposal ban went into effect in North Carolina as a result of the passage of House Bill 1465 during the 2005 legislative session.  But, did you also know that used motor oil filters and wooden pallets were also banned from landfill disposal on that same date? Probably not, because most of us use plastic bottles much more often than oil filters and wooden pallets in our daily lives. Did you know that there are numerous waste disposal bans in our state, many of which have been in place for more than 15 years?  Other landfill disposal bans include:

• Aluminum cans
• Antifreeze
• Lead acid batteries
• Used motor oil
• Used appliances
• Whole scrap tires
• Yard waste

Future disposal bans exist for computer equipment and televisions to become effective on January 1, 2011.

On the surface, disposal bans may seem simple and straightforward but in reality they are complex and confusing to most people outside the solid waste industry.  Take the plastic bottle ban for example.  The part of the law that describes what is banned from disposal is found in the North Carolina General Statutes at § 130A-309.10(f)(11) and reads,

Recyclable rigid plastic containers that are required to be labeled as provided in subsection (e) of this section, that have a neck smaller than the body of the container, and that accept a screw top, snap cap, or other closure. The prohibition on disposal of recyclable rigid plastic containers in landfills does not apply to rigid plastic containers that are intended for use in the sale or distribution of motor oil.

There is nothing simple or straightforward about this when, in order to fully understand what is being prohibited from disposal, you also have to understand what the terms and phrases recyclable; rigid; required to be labeled; neck smaller than the body; accept screw top, snap cap, or other closure mean in the context of the broader definition of a plastic bottle.  Since most of us don’t read statutes as a pastime, local governments usually assist by interpreting them in the context of programs they offer to their citizens.  For example, in a recycling program, a list of acceptable materials and how to prepare them would provide adequate information to confidently participate in the program.

Although there is nothing in the statute that describes how to avoid disposal of plastic bottles, most of us think immediately of recycling them.  Recycling and waste reduction programs are local in nature so state statutes cannot prescribe a one-size-fits-all solution.  Technically, the disposal ban is enforced at the point of disposal, or the landfill, so don’t be concerned that you may be violating the law if you don’t recycle every plastic bottle.  However, landfill owners and operators must rely on citizens in the community to recycle their plastic bottles in order to abide by the spirit of the law.

All of the materials that are banned from disposal in our state have one very important thing in common – they have local markets, either private or public, available to reuse or recycle them.  One of the primary reasons for legislating disposal bans is to keep valuable materials in the loop of commerce instead of being buried.  In our community, public and private organizations exist that will collect materials banned from disposal and insure that they are properly recycled.

Article submitted by Wayne Turner, Solid Waste Operations Analyst, City of Winston-Salem