MassDEP outlines phased plan to expand food-waste disposal ban, emphasizes capacity and school support

John Fisher, deputy division director of solid waste at the Massachusetts Department of Environmental Protection, told stakeholders on Oct. 25 that MassDEP is considering a two-stage expansion of the state’s food-waste disposal ban that would first eliminate the commercial threshold and later bring residential food scraps into scope if municipalities meet program standards.

Fisher said the agency is “at a bit of a transition point” for food‑waste programs in Massachusetts and floated dates only as earliest possible milestones: a first stage (commercial generators) not sooner than 2028 and a potential second stage (residential) no sooner than Nov. 1, 2030. He repeatedly characterized the proposal as preliminary and said any regulatory change would require a multi‑year public rule‑making process with public comment and hearings.

The proposal would lower the current commercial threshold — now a half‑ton per week after the 2022 revision (the original ban had a 1‑ton threshold in 2014) — toward a de facto zero threshold for commercial food material. Fisher said MassDEP would likely write in allowances for “incidental” food waste (for example, offices or medical buildings with small amounts of cafeteria waste) so that entities that are not food businesses would not be expected to set up full collection programs. Schools with cafeterias would likely be covered under the commercial stage.

Fisher emphasized that a zero commercial threshold would not mean immediate enforcement for every banana peel in a trash load. MassDEP inspects loads at transfer stations, waste‑to‑energy facilities and landfills and applies action levels to determine when to pursue compliance. He said the zero threshold would make it easier to demonstrate that…