Paint Stewardship Bill Would Clean Up Hazardous Waste Collection Days in NJ

This Saturday, May 10th, the Monmouth County Health Department will collect Household Hazardous Waste from 10 a.m. to 3 p.m. at the Hazlet Public Works Garage on Union Avenue, next to the Burger King on the corner of Route 36.

The County Health Department has been holding single-day collection events every year since 1985. It has been collecting HHW several days a week at the facility on Shafto Road in Tinton Falls since 1997, that is now operated by an independent contractor.

Almost three quarters of the Household Hazardous Waste the County collects is paint, according to the Health Departement Annual Report for 2012.

More than half of all the waste was latex paint, which is not even hazardous (the use of mercury in latex paint was banned in 1992, and latex is not flammable like oil-based paint). That's why latex paint is on the list of items that will not be accepted by the County on Saturday: “A common misconception is that latex paint is a hazardous waste, but it is not ... It should be dried out with paint hardener or an absorbent such as cat litter, sawdust or dirt and disposed of with your regular household trash. Be sure to leave the lid off so your trash collector knows the container is dried out.”

Many counties in NJ are no longer collecting latex paint in order to be able to keeping paying the disposal fees for the kinds of hazardous waste typically found in basements and garages: "pesticides, herbicides, fertilizers, solvents, thinners, corrosives, cleaners, pool chemicals, oil paints, varnishes, aerosol cans (full or partially full), used motor oil, anti-freeze, gasoline, automotive and ‘button’ batteries and propane BBQ tanks."

This could be fixed by a bill that stalled last year but has been reintroduced and referred to legislative subcommittees. Senate Bill 1420 and Assembly Bill 1603 would require producers of architectural paint sold in NJ to participate in a Statewide program that would "minimize public sector involvement in the management of post-consumer architectural paint."

The private sector, not counties, would become responsible to manage paint waste, "by reducing its generation, promoting its reuse and recycling, and negotiating and executing agreements for its collection, transportation, reuse, recycling, burning for energy recovery, and disposal using environmentally sound management practices."

PaintCare

The Association of New Jersey Household Hazardous Waste Coordinators has formed a committee to review and advocate for the proposed legislation. They met with the American Coating Association to discuss their PaintCare program, which is managing paint stewardship programs in other states.

PaintCare is a non-profit 501(c)(3) organization that helped pass the first legislation in the US in Oregon in 2009 to have the industry manage leftover paint. It was based on Paint Product Stewardship Initiative that originated in Canada in 2003, according to the ANJHHWC web page.

PaintCare has since set up similar programs in California, Connecticut, and Vermont, and is planning others for Rhode Island, Minnesota, and Maine for 2014, according to their web page. New Hampshire is considering one as well. The PaintCare web page provides links to each state's program as well as a newsletter.

PaintCare establishes new drop-off locations at paint retailers that operate during regular business hours. Oregon's program now has 120 drop off-locations; California’s program that started in 2012 has more than 600; and Connecticut's program has added more than 120 locations since July 2013

PaintCare could also resume collecting latex paint in NJ, presumabley to recycle it, if feasible. In Vermont, about 90% of the latex that is collected is "turned back into latex paint", according to John Hurd, PaintCare Vermont Program Manager.

The program is funded by a fee per container. So far fees have remained the same in every state: 35 cents (less than 1 gallon), 75 cents (1 gallon) or $1.60 (up to 5 gallons) per container.

Anyone who philosophically opposes privitizing paint collection or charging fees needs to consider two things. First, you are already paying for paint disposal now through your County and State taxes that support single day events and permanent facilities.

More importantly, they were not designed to be cost-effective, permanent solutions for keeping paint out of landfills. The Health Department's report noted that 7,674 customers dropped off waste in 2012 either at the permanent facility or at single day events. If you assume that each person dropping off waste represents one family, and that every one of them only used the facility once during the year (highly unlikely), that means less than 3.5% of the 233,983 families in Monmouth County are taking advantage of this program. Does anyone think that is reaching enough people – after almost 30 years?

The paint stewardship program would promote recycling and sustainability. It would take paint collection to the next level by making it easier to do. It would let counties dedicate their shrinking budgets to keeping truly hazardous waste out of the landfill.

Without it, the few residents that participate will keep waiting in long lines a few Saturdays every year, or driving across the county with paint in their trunk.

The only sponsors of the paint stewardship bill in NJ so far are Senator James Beach in Cherry Hill and Assemblywoman L. Grace Spencer of Newark.