Section 096-428-4 - Defining Packaging MaterialA.Defining Packaging Material Types. Packaging material types and their designations are described below and defined in Appendix A. (1) A packaging material type consists of one or multiple discrete forms of packaging material with similar management requirements and similar value. It must clearly define the packaging material classified therein. The Department may choose to have an "other" packaging material type to classify uncommon packaging material that is not readily recyclable, reusable, or compostable.(2) Collectively, the packaging material types must be comprehensive enough to reflect the distinctions used by participating municipalities and their affiliated contractors to manage packaging material.(3) Packaging material used to contain products that, regardless of the consumer's generator status, are hazardous in accordance with Chapter 850, Identification of Hazardous Wastes, can be classified as a distinct packaging material type.(4) Packaging material with inks or colorants, attachments or closures, polymers or resins, shapes or sizes, layers or coatings, adhesives, additives, or labels that preclude or are detrimental to recycling can be classified as a distinct packaging material type.B.Identifying the Base Material. When defining a packaging material type, the Department will designate its base material. The base material is the material routinely targeted for recycling, or if no material is routinely targeted for recycling or if more than one material is routinely targeted for recycling, the base material is the predominant material. For a packaging material type composed of more than one base material, the Department will identify cases where more than one material is routinely separated and targeted for recycling at recycling facilities that accept the packaging material type.
C.Designating the Primary Material Management Pathway. When defining a packaging material type, the Department will designate it as readily recyclable or not readily recyclable. In addition, the Department may further designate a packaging material type as reusable or compostable. Packaging material types that meet the following criteria are eligible to be designated as readily recyclable.
(1) Marketability. A packaging material type is marketable if all the following criteria are met. (a) There are at least two facilities in North America operating in accordance with applicable environmental laws that recycle the packaging material type into products that are not primarily used for fuel and are not placed into the permitted area of a landfill. Recycling processes that are inconsistent with applicable laws and conventions are examples of processes that do not safeguard the environment and human health.(b) Operational facilities have the capacity to recycle the packaging material type in quantities equal to, or in excess of, the amount of material collectively supplied by the market.(c) Its anticipated cost per ton is less than or equal to 2 times the cost per ton of managing the most expensive readily recyclable packaging material type. If the packaging material type is currently being managed for recycling by participating municipalities, its anticipated cost per ton is equal to the average cost per ton currently realized by participating municipalities. If the packaging material type is not currently being managed for recycling by participating municipalities, the Department will determine the anticipated cost per ton using input from stakeholders, information on the market value of the material, and the cost of managing other packaging material types for recycling.(2) Throughput. A packaging material type has sufficient throughput if it is common enough to warrant sortation, or it can be included in a commodity used to market packaging material without increasing the contamination in that commodity.(3) Ratio of weight targeted for recycling to total weight. At least 60% of the weight of a packaging material type, on average, is composed of materials that are routinely separated and targeted for recycling at recycling facilities that accept the packaging material type.06-096 C.M.R. ch. 428, § 4