Recycling Rules! Improving Recycling Compliance in the Northeast

STATEWIDE MATERIAL DISPOSAL BANS AND RECYCLING REQUIREMENTS IN NERC STATES
November 2005

Prepared by:
Northeast Recycling Council, Inc. (NERC)

STATEWIDE MATERIAL DISPOSAL BANS AND RECYCLING REQUIREMENTS IN NERC STATES

EXECUTIVE SUMMARY

This Recycling Rules website is the text only version of the Statewide Material Disposal Bans and Recycling Bans and Recycling Requirements document. Excluded on this website are the appendices, which include copies of the legislation, regulations, statutes, policies and material bans. This report is intended as a reference to the existing recycling rules, and compliance and enforcement programs in the ten Northeast states. Recycling rules are defined in this report as local or statewide material disposal bans and mandatory recycling requirements. The recycling rules in each Northeast state are defined and implemented differently. In addition, each state's programs for assisting the regulated community to comply with meeting the specified recycling rules and for dealing with those in violation of them vary greatly.

Material Disposal Bans

• All ten Northeast states have disposal bans that effect more than 21 materials region-wide,
• Nine of these ten states ban the disposal of lead acid batteries,
• Eight ban the disposal of NiCad batteries,
• Seven ban the disposal of tires,
• Five ban the disposal of yard waste, including grass,
• Five ban the disposal of leaves,
• Four ban the disposal of mercuric oxide batteries,
• Six ban the disposal of untreated infectious waste, and
• Four ban the disposal of white goods.

Recycling Requirements

• Five of the ten Northeast states have statewide mandatory recycling laws that specify materials to be recycled.
• Of the five states without statewide mandatory recycling laws, one requires municipalities to set up their own recycling ordinances, and four states encourage municipalities to voluntarily set up mandatory recycling requirements.
• Nine of the ten Northeast states have state agency/state project recycling requirements.

Compliance and Enforcement of Recycling Rules

• Nine of the ten Northeast states have compliance programs to assist the regulated communities with meeting the recycling requirements, e.g., technical assistance, "pay as you throw" programs, education, and grant programs
• Six of the ten states have active recycling enforcement programs, e.g., site inspections and fines.

Started in 1987, the Northeast Recycling Council, Inc. (NERC) is a non-profit, 501(c) (3) organization. NERC’s new mission is to advance an environmentally sustainable economy by promoting source and toxicity reduction, recycling, and the purchasing of environmentally preferable products and services.

I. INTRODUCTION
This report is intended as a reference to the existing recycling rules, and compliance and enforcement programs within the ten Northeast states. Recycling rules are defined in this report as local or statewide material disposal bans and mandatory recycling requirements. The following tables summarize these rules and provide information on the different programs. Section III describes the status of each state's recycling rules in more detail.

II. RECYCLING RULES IN THE NORTHEAST STATES

Table 1. Notes:

CT - The ban on yard waste only applies to grass clippings. In addition to the materials listed above, CT has a mandatory recycling law which requires the recycling of 11 designated items (items listed in Table 2. Therefore although not technically a "ban" these designated items must be recycled and cannot be disposed.

DE - Friable asbestos is only accepted in one landfill (Cherry Island) in the state. Tires in groups of ten or more are not accepted in landfills; however there is no limit on split tires. Delaware landfills are prohibited from accepting waste which contains free liquid; however lechate recirculation is permitted under specific circumstances.

ME - Maine prohibits lead acid batteries in all disposal facilities, and whole tires and white goods in landfills. Individual combustion facilities may have additional disposal restrictions, and municipalities have the right to enact their own material bans.

MA - 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. These plans should follow procedures outlined in the Guidance Document for Solid Waste Handling and Disposal Facilities on Compliance with DEP's Waste Disposal Restrictions that addresses ongoing waste stream monitoring, random waste load inspections, procedures for responding to failed loads, communication with haulers and generators, and record keeping. The waste ban is also for Transfer Stations delivering whole tires to a landfill.

NY - Other "nonprocessible waste" banned from combustion facilities are bedsprings, crankcases, transmissions, engines, lawn mowers, snow blowers, bicycles, file cabinets, air conditioners, hot water heaters, water storage tanks, water softeners, furnaces, oil storage tanks, metal furniture, and propane tanks.

PA - The ban on leaf waste at landfills and resource recovery (incinerator) facilities is applicable for truckloads containing more than 50% leaves. Landfills, resource recovery facilities and transfer stations must provide at least one drop-off center for the collection and sale of at least three recyclable materials from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastics. Resource recovery facilities must have a program for the removal, to the greatest extent practicable, of recyclable materials such as plastics, high grade office paper, aluminum, clear glass and aluminum, and hazardous materials such as plastics, corrosive materials, batteries, pressurized cans and household hazardous materials, from the waste to be incinerated. Landfills may accept friable asbestos only with special approval.

RI - Lead acid batteries may only be disposed of in four ways: 1) by delivering it to a battery dealer, distributor, or manufacturer; 2) by delivering it to the Resource Recovery Corporation; 3) by delivering it to a privately operated recycling facility within Rhode Island that is licensed for that purpose; or 4) by delivery to transportation for an out-of-state recycling facility.

VT - Labeled mercury-added consumer products are also restricted from landfills.

State Regulatory Authority for Statewide Bans & Solid Waste Restrictions:
CT -- Department of Environmental Protection (CTDEP)
DE - Department of Natural Resources and Environmental Control (DENREC)
ME - Department of Environmental Protection (MEDEP)
MA -- Department of Environmental Protection (MassDEP)
NH -- Department of Environmental Services (NHDES)
NJ -- Department of Environmental Protection (NJDES)
NY -- Department of Environmental Conservation (NYSDEC)
PA -- Department of Environmental Protection (PADEP)
RI -- Department of Environmental Management (RIDEM)
VT -- Agency of Natural Resources (VTANR)

TABLE 2. STATEWIDE MANDATORY RECYCLING LAWS
Regulated Community: (M) Municipality, (SFR) Single-Family Residences, (MFU) Multi-Family Units, (B) Businesses, (H) Haulers, (SA) State Agency, (U) University, (LF) Landfill, (C) Combustion Facility, Resource Recovery Facilities (RRF) (TS) Transfer Station, (R) Retailers,

*Other Recyclable Paper includes: mail, magazines, catalogs, phone books, paper books, and paperboard

Table 2. Notes:

CT - The Mandatory Recycling Regulations (Sections 22a-241b-1 through 22a-241b-4 of the Regulations of the CT state agencies) and various state statutes, designate eleven items that must be recycled in the state: glass food containers, metal food containers, old newspaper, corrugated cardboard, scrap metal, leaves, waste oil, lead acid batteries, high-grade white office paper, and grass clippings, and NiCad rechargeable batteries. Products containing NiCad batteries must be labeled and NiCad batteries must be easily removed. No solid waste facility or resource recovery facility, other than a municipal or commercial composting facility may accept grass clippings (Conn. Gen. Stat. §22a-208v, as amended 1995, 1997 and 1998). CT municipalities often require the recycling of additional materials such as PET and HDPE containers and old magazines.

DE - Delaware has no statewide mandatory recycling laws. However, there is a state-wide voluntary drop-off recycling program, and a few municipalities offer yard waste composting and curbside recycling. The Delaware Solid Waste Authority (DSWA) also offers a subscription curbside program in Kent and New Castle Counties.

ME - Maine's recycling requirements apply to state government, the state university system and businesses with 15 or more employees at one location. Each municipality develops its own recycling program and may adopt through ordinance specific material requirements. Each state agency is required to recycle, at a minimum, high-grade paper and corrugated paper. Each campus of the University of Maine system is required to recycle, at a minimum, high-grade paper, corrugated paper and glass; and establish a leaf-composting program. Businesses with 15 or more employees are required to recycle office paper and corrugated

MA - Massachusetts has no statewide mandatory recycling laws. However, 171 of 351 municipalities have voluntarily adopted mandatory recycling ordinances, bylaws, or regulations. Most of these local requirements regulate single-family residences or those served by the municipal collection programs. A growing number of municipalities are also regulating multi-family properties and businesses.

NH - New Hampshire has no statewide mandatory recycling laws, but 117 municipalities out of the 234 have voluntarily adopted some type of mandatory recycling ordinance.

NJ - New Jersey's mandatory recycling law requires each county government to develop and adopt a recycling plan that includes recycling of leaves and a minimum of three other designated recyclables. The list of designated recyclables includes: aluminum and tin cans, corrugated cardboard, glass containers, high-grade office paper, newspaper, mixed paper, HDPE and PET, scrap metal and white goods. Recycling of designated recyclable materials is required in the residential, commercial and institutional sectors.

NY - Local governments are required under General Municipal Law 120-aa to enact ordinances requiring source separation of materials for which there are economic markets. Each municipality is responsible for developing its own list of these materials.

PA - State law requires municipalities with populations greater than 10,000, and municipalities with populations greater than 5,000 and population densities greater than 300 persons per square mile, to adopt ordinances requiring: 1) residential curbside recycling of at least three recyclable materials from the following, and leaf waste: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastics; and, 2) commercial, institutional and municipal establishments, and community activities, to separate and store until collection: aluminum, high grade office paper, corrugated paper, leaf waste and other materials deemed appropriate by the municipality. Landfills, resource recovery facilities and transfer stations must provide at least one drop-off center for the collection and sale of at least three recyclable materials from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastics. Resource recovery facilities must have a program for the removal, to the greatest extent practicable, of recyclable materials such as plastics, high-grade office paper, aluminum, clear glass and aluminum from waste to be incinerated. All state agencies must recycle aluminum, high-grade office paper, corrugated paper and other materials produced as a result of agency operations.

RI - Under the "Maximum Recycling" Program, municipalities and single-family residences are required by state regulations to recycle the following: aluminum and tin cans; foil and pie plates; scrap metal; empty aerosol and paint cans; white goods; glass containers; milk, juice and ascetic drink cartons and boxes; HDPE and PET; old mail; magazines and catalogs; phone and paper books; writing paper; corrugated cardboard; paperboard; newspapers; textiles; and leaf and yard waste. All municipalities are required to implement "Maximum Recycling" by December 31, 2001. Commercial facilities are required to recycle aluminum, automobiles, coated kraft beverage containers, corrugated cardboard, glass food and beverage containers, laser toner cartridges, leaves and yard waste, newspaper, HDPE and PET, office paper, steel and tin-coated steel cans, telephone directories, used lubricating oil, vehicle batteries, white goods and wood waste. Non-municipal residences (apartment complexes) are required to recycle aluminum, glass food and beverage containers, leaves and yard waste, newspaper, HDPE and PET, steel and tin-coated steel cans, telephone directories and white goods.

VT - Vermont has no statewide recycling law, but encourages the solid waste districts to implement mandatory programs. Recycled materials vary by district.

TABLE 3: COMPLIANCE AND ENFORCEMENT OF RECYCLING RULES

Each state's programs for assisting the regulated community to comply with meeting the specified recycling rules and for dealing with violations of the recycling rules vary greatly. The table below illustrates which states have existing compliance programs and are actively enforcing its recycling rules. (See Section III. State Summaries for more information on specific compliance and enforcement programs.)

III. STATE SUMMARIES

CONNECTICUT
Connecticut bans or restricts the disposal of some materials, see Table I and requires eleven materials to be recycled (see Table II). Some items have both recycling requirements and specific restrictions or disposal bans.

Local Recycling Requirements
Pursuant to CGS Section 22a-220(f), each of Connecticut's 169 municipalities is required to adopt a local recycling ordinance. Some municipalities have mandated the recycling of items in addition to the eleven items required by state statute or regulation.

Innovative Strategies Promoting Compliance

• Outreach programs to schools, businesses, non-profit groups, etc. have been cutback. CTDEP is in the process of identifying future strategies for promoting recycling in CT;
• Recycling Roundup (Part of the P2 View), an electronic newsletter dealing with recycling issues;
• Promotion of "Pay As You Throw" programs;
• Technical assistance visits and inspections;
• Enforcement inspections, randomly and as a result of complaints;
• Household hazardous waste collections - "Haznet" group of town/regional officials meet on a regular basis, technical assistance, and grants;
• Electronics collection days;
• NiCad collection - participate in RBRC national program; and
• General permits for certain types of recycling facilities - easier to obtain and cheaper than regular solid waste permits.

Enforcement Procedures

• Site inspection with issuance of Notice of Violation and Compliance Statement. Enforcement Actions as per the Enforcement Response Policy for High Priority Violations and Secondary Priority Violations.
• CT Statutes describe specific recycling enforcement procedures, for example:
  • Section 22a-220(f) - Each municipality shall make provision for the separation, collection, processing and marketing of designated recyclables generated within its borders. The municipality shall adopt an ordinance on or before January 1, 1991 and provide DEP with a recycling contact name, address, and telephone number.
  • Section 22a-220(j) - The Commissioner may issue an order to enforce recycling requirements of Section 22a-220 and may issue a notice of recycling program deficiency for a municipality.
  • Section 22a-220a(f) - A collector shall be liable for a civil penalty of not more than $2,500 for each violation and not more than $10,000 for a subsequent violation if the collector knowingly mixes other solid waste with items designated for recycling pursuant to 22a-241b (glass and metal food containers, non-residential high-grade white office paper, old newspaper, scrap metal, old corrugated containers, waste oil, lead acid storage batteries, leaves) or pursuant to municipal ordinance.
  • Section 22a-220a(I) - Any person other than a collector who dumps the wrong type of material into a recycling collection container shall be guilty of an infraction as provided for in chapter 881b. Any municipal police officer may issue a summons for this type of violation.
  • Section 22a-220c(a) - Each municipality shall notify haulers of recycling requirements. After such notice, collectors are required to notify the municipal recycling contact about any customer believed to be discarding designated recyclables with solid waste. Upon request of the municipality, a hauler shall provide a warning notice to customers suspected of violating separation requirements. Haulers shall also assist the municipality in identifying persons responsible for creating solid waste loads containing significant amounts of recyclables that were detected by the receiving resource recovery or solid waste facility.
  • Section 22a-220c(b) - The owner or operator of a resource recovery facility or solid waste facility receiving a load of solid waste containing a significant quantity of designated recyclables, shall notify the driver of the vehicle delivering the load and the municipality where the load originated. Such facility owners and operators shall conduct periodic, unannounced inspections of loads delivered to the facility and shall conduct additional inspections upon the request of the DEP commissioner.
  • Section 22a-220d - Failure of an owner or operator of a resource recovery facility or solid waste facility to notify a municipality about loads originating in the municipality and containing significant amounts of recyclables shall be subject to a warning by the municipality or the DEP Commissioner for the first violation and to a civil penalty of $500 for each subsequent violation.
  • Failure of an owner or operator of a resource recovery facility or solid waste facility to conduct an inspection requested by the DEP Commissioner shall be subject to a civil penalty of $1,000 dollars for each violation and $5,000 for each subsequent violation. Any municipality that fails to receive notification as required, or the Attorney General at the request of the DEP Commissioner, may bring an action under this section.
  • Section 22a-241e - The Commissioner may order a municipality to deliver its recyclables items to an IPC if the municipality has failed to enter into a contract with an IPC and has failed to take measures necessary to implement local processing.
  • Section 22a-241i - A municipality may impose a penalty not to exceed $500 for each violation by a commercial establishment of recycling separation requirements.
    

Proposed New Recycling Rules Laws or Regulations
None - Connecticut is in the process of updating the State Solid Waste Management Plan which may recommend new recycling related legislation.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/State Project Recycling Requirements

• Section 4b-51(f) - Any state agency proposing to remodel, alter, or enlarge any real asset shall submit a statement to the Commissioner of DPW demonstrating the capacity of the real asset to facilitate recycling programs.
• Section 4b-15. Plan to reduce use of disposable and single-use products and to separate and collect recyclable items.
  (a) Each state agency having care, control and supervision of state property, including the Judicial Department and the Joint Committee on Legislative Management of the General Assembly, shall prepare on or before October 1, 1990, and thereafter periodically update, in consultation with the Commissioners of Environmental Protection and Public Works, a plan for each facility under its care, control or supervision to (1) reduce the use of disposable and single-use products, in accordance with the plan adopted by the Commissioner of Administrative Services pursuant to section 4a-67b, (2) separate and collect items designated as either suitable or required for recycling pursuant to section 22a-241b. Such plan shall establish a schedule for implementation of the policies recommended in the plan.
  (b) Each such agency shall, on or before October 1, 1991, and annually thereafter, submit to the Commissioner of Environmental Protection and the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report on implementation of the recycling plan. Such report shall be on a form prescribed by the commissioner and shall provide such information the commissioner deems necessary. (c) The Governor, the Joint Committee on Legislative Management and the Commissioners of Environmental Protection and Administrative Services, for the central offices of the Departments of Environmental Protection and Administrative Services, shall implement a white paper recycling program to begin on or before January 1, 1989. Each other state agency, department or institution shall implement such program on or before January 1, 1991.
  

The following are the primary statutes dealing with recycled-content procurement requirements of CT state agencies.

• Section 4b-51a - The Commissioner of DPW shall revise the specifications for products and materials purchased for construction projects administered by DPW for which the US EPA has minimum recycled content guidelines. Recycled products and materials shall be used in such projects if they: (1) are available, (2) cost within 10% of the virgin counterpart, and (3) are consistent with public safety.
• Section 4a-67f of the CGS - State agencies required to purchase recycled content printing and writing paper meeting the specifications of Executive Order 12873.
• Section 4a-67a - Requires the Department of Administrative Services (DAS) to prepare a plan to increase state purchase of recycled content and recyclable products.
• Section 4a-67e. Standards for purchase of recycled paper
• Section 4a-67g. Recycling and remanufacture of laser printer toner cartridges.
• Section 4a-67h. Procedures promoting the procurement and use of recycled products and environmentally preferable products and services by state agencies
• Section 4a-59 allows the DAS to give a ten percent price preference for the purchase of recycled content products.

Contact: Frank Gagliardo or Judy Belaval, CTDEP, Bureau of Waste Management, 4th Floor, 79 Elm Street, Hartford, CT 06106 -5127, Tel: (860) 424-3365, Fax: (860) 424-4081, email.

Web Site: Connecticut statutes

State Recycling Organization: CJ May (Recycling Coordinator, Yale University) President, Connecticut Recyclers Coalition, PO Box 4038, Old Lyme, CT 06371

DELAWARE
Delaware prohibits friable asbestos (except at Cherry Island) and tires in groups of ten or more from disposal in landfills; however there is no limit on split tires. In addition, there is a statewide voluntary drop-off recycling program. Delaware landfills are prohibited from accepting waste which contains free liquid; however leachate recirculation is permitted under specific circumstances.

Local Recycling Requirements
None; however, as of 2001, Recycling Assistance Grants are available through the DNREC to encourage recycling and waste reduction initiatives in municipalities, communities, and non-profit organizations.

Innovative Strategies Promoting Compliance
None

Enforcement Procedures
None

Proposed New Recycling Rules Laws or Regulations
Senate Bill 225, introduced at the very end of the 2005 legislative session, would establish a recycling fund to assist municipalities with costs of starting curbside recycling programs and would also require residents to keep yard waste separate from trash and prohibit waste haulers from delivering the separated yard waste to landfills.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/State Project Recycling Requirements
In 2000, the state passed a law requiring state agencies to purchase recycled products. Any agency purchasing a product included in the U.S. EPA's Comprehensive Procurement Guidelines (CPG) must either purchase the recycled product or demonstrate in writing the recycled product is not available competitively, is not available within a reasonable time frame, does not meet appropriate performance standards, or is available only at an excessive cost (defined as more than 5% more than the virgin products.)

Contact: James Short, DNREC , Solid and Hazardous Waste Management Branch, 89 Kings Highway, Dover, DE 19901, Tel: (302) 739-9403, Fax: (302) 739-5060, email.

Website:
http://www.dnrec.state.de.us/

State Recycling Organization:
None

MAINE
Maine prohibits the disposal of automobiles, lead acid batteries, NiCad, and white goods in all landfills and combustion facilities, and the disposal of whole tires in landfills. Individual combustion facilities may have other disposal restrictions as well, e.g., brick, concrete, hazardous and biomedical wastes. In addition, municipalities have the right to enact their own material bans. On January 1, 2005, the disposal ban was expanded to include mercury added products. Also, on July 21, 2006, the disposal ban will be expanded to include CRTs. Maine's recycling requirements applies to state government, the state university system and businesses having 15 or more employees. The required recyclables include high-grade paper, corrugated paper, glass and leaves from the state university campuses. Maine has a 50% recycling goal that municipalities are to work towards achieving.

Local Recycling Requirements

• In Maine, 'Home Rule' allows a municipality to establish its own solid waste management strategies. More than 100 municipalities have adopted leaf and yard waste bans, and most of these municipalities provide for composting of that material. In addition, a number of municipalities have adopted various incentives to encourage recycling, such as free disposal if you recycle, Pay As You Throw (PAYT) programs, and mandatory recycling.
• One municipal landfill has banned corrugated cardboard from disposal by targeting 'large volumes' of OCC that may be included in a load of waste, not the occasional box or package.

Innovative Strategies Promoting Compliance

• The PAYT program, in approximately 130 municipalities, financially rewards residents who recycle and consider their purchases. Some municipalities require clear bags for garbage so that transfer station attendants can monitor and enforce compliance with a local ordinance.
• The Maine State Planning Office (MESPO) promotes recycling and waste reduction in its newsletters, communication with communities and when working with municipalities and businesses.
• MESPO, in partnership with the MEDEP, is aggressively promoting and helping implement food residual composting projects across the state.
• MESPO is promoting increased 'reuse' opportunities and recognize of this management option throughout the state.

Enforcement Procedures
None by the State Planning Office but the MEDEP regulates transfer stations and disposal facilities.

Proposed New Recycling Rules Laws or Regulations
More PAYT programs at the local level, to assist in reducing trash tonnages and to shift costs from municipal budgets to the generator.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Project Recycling Requirements
None

Contact: George MacDonald, Maine State Planning Office, 38 State House Station, Augusta, Maine 04333-0038, Tel: (207) 287-5759, Fax: (207) 287-6489, email, Website

Website: Maine statutes

State Recycling Organization: Victor Horton, Executive Director, ME Resource Recovery Association, P.O. Box 1838, Bangor, ME 04402, Tel: (207) 942-6772, Fax: (207) 942-6772, Website

MASSACHUSETTS
Massachusetts prohibits and/or restricts the disposal of lead acid batteries, white goods, whole tires (landfill only), leaves and yard waste, glass, metal and plastic containers, recyclable paper, and cathode ray tubes (CRTs). Transfer stations also need to comply with these restrictions. In addition, as of July 1, 2006, Massachusetts waste bans will cover certain types of construction and demolition debris including asphalt pavement, brick, concrete, metal and wood (landfill only) in landfills or combustion facilities. There is no statewide mandatory recycling law, but 171 of 351 municipalities have mandatory recycling ordinances, bylaws, or regulations.

Local Recycling Requirements

• One of the most comprehensive municipal recycling programs exists in Cambridge. Recycling is required of everyone - homeowners, apartment dwellers, businesses and institutions. The residents recycle paper, plastic, glass and metal containers, leaves and yard waste. Businesses and institutions are required to conduct a waste audit and recycle any material that constitutes more than 5% of their trash. The materials include the ones listed above as well as waste oil (both kitchen and vehicular), vehicle batteries, scrap metal and wood waste.
• Ninety-two municipalities have elected to regulate solid waste haulers. Massachusetts General Law c.111 sections 31A and 31B authorize local boards of health to issue permits to solid waste haulers that transport trash through the municipality. Through this authority, boards of health can promulgate rules and regulations regarding the removal and transportation of solid waste. Many that permit or license haulers add a recycling requirement to the permit conditions.
  

Innovative Strategies Promoting Compliance

• The DARP (DEP-Approved Recycling Program) was developed so municipalities making a "good faith effort" toward providing residents access to recycling and composting, and promoting participation in recycling programs would not have their waste inspected and rejected for the presence of recyclables. Approximately 75% of Massachusetts's communities have DARP status.
• Mandatory recycling was a requirement for residences in 100 communities in Western Massachusetts to use the state-owned MRF in Springfield.
• MassDEP offers a municipal recycling grant program that provides equipment such as recycling bins, home composting bins, "toters," recycling trucks, roll-off containers and educational materials that municipalities use to promote and enhance compliance with state and local recycling rules.

Enforcement Procedures

• State Level - Facilities are required to submit for MassDEP approval Waste Ban Compliance Plans. Waste loads that contain unacceptable amounts of banned material, as determined through ongoing monitoring or load inspection procedures may be: 1) rejected if there are recoverable materials in the load, 2) accepted and separated for recycling, or 3) accepted for disposal (usually when the recyclables are intermingled with solid waste and are too contaminated to recycle). Disposal is not an option for white goods, tires (at landfills), lead acid batteries and CRTs. In addition, when "failed" loads are identified, solid waste facilities should notify the hauler and generator (when possible) in writing that their waste did not comply with the waste ban regulations. Facilities are encouraged to charge haulers a "waste ban penalty" or "handling charge" when a failed load is delivered. Facilities are required to keep records of all failed loads they receive, the deposition of the load and copies of "failed load letters" mailed to haulers. When MassDEP personnel inspect solid waste facilities to ensure compliance with the waste bans, they will review the records to assure that they are monitoring and inspecting loads and properly documenting what happens to them. MassDEP will also observe how the facility monitors and inspects waste. If violations are discovered, the facility may receive a Notice of Noncompliance, or in lieu of enforcement be required to amend its Waste Ban Compliance Plan.
  If the facility fails to correct the violation, or if additional violations are discovered later, MassDEP may issue penalties up to $10,000 per violation.
• In addition, haulers and generators need to comply with waste bans.
• Local Level - In Cambridge, the multi-family recycling regulations require owners or managers of multi-family buildings to submit a recycling plan to the DPW. There is a fine of $25 per violation for those not complying with the law. The commercial recycling regulations are similar. Regarding enforcement of "blue bin" recycling, the city tried and later abandoned a controversial strategy. City staff randomly inspected people's trash at the curb prior to collection. If excess amounts of recyclables were found, residents received a "friendly" letter reminding them that recycling is mandatory and encouraging their participation.
  

Proposed New Recycling Rules Laws or Regulations
As of July 1, 2006, MassDEP regulations will ban the disposal of certain construction and demolition debris (C&D) materials, including asphalt pavement, brick, concrete, metal and wood, to its list of materials banned from disposal or transfer for disposal. For more information visit: http://www.mass.gov/dep/recycle/reduce/managing.htm.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/Project Recycling Requirements
The State Sustainability Program was formed by Executive Order No. 438 in July of 2002 to help state agencies minimize the environmental impacts of their operations and activities, and to promote innovative sustainable practices in Massachusetts. To fulfill the Program's requirements, agencies are expected to submit sustainability plans to the Sustainability Coordinating Council. More information at: http://www.mass.gov/envir/Sustainable/.

Contacts: Commercial Waste Reduction Hotline 617-348-4002

Web Sites:
Regulations & Policies and the brochure "Your Business and the Waste Bans"
Waste Bans-Recycling Rules guidance

State Recycling Organization: MassRecycle, 198 Tremont Street, Box 143, Boston, MA 02116, Tel: (617) 338-0244, Fax: (801)760-5056, Email, Website

NEW HAMPSHIRE
New Hampshire bans lead acid batteries, NiCad batteries, leaf and yard waste from landfills and combustion facilities. Untreated infectious waste, contained gaseous waste, liquid wastes, and waste oil are also prohibited from landfills. Recycling is encouraged to be mandated at the municipal level by local laws. NHDES also banned co-disposal of C&D debris fines with MSW on July 26^th, 2004.

Local Recycling Requirements
One hundred seventeen municipalities out of the 234 have voluntarily adopted some type of mandatory recycling ordinance.

Innovative Strategies Promoting Compliance

• The NHDES Solid Waste Operator Training Program provides mandatory training to operators of permitted New Hampshire solid waste facilities, including recycling rules and compliance technical assistance at workshops and an annual solid waste conference. In addition, the NHDES Solid Waste Technical Assistance Section performs technical assistance site visits to 10% of the municipal solid waste and recycling facilities yearly.
• The NHDES provides compliance related publications including Rubbish Resource, a semi-annual newsletter, to all certified solid waste facility operators.
• To address the landfill prohibition of liquid wastes, the NHDES Waste Management Division provides used oil recycling grants of $2,500 to political subdivisions for the purpose of establishing or improving used oil collection centers that meet certain criteria.

Enforcement Procedures
There are enforcement procedures contained in the state solid waste statute (RSA 149-M) and the solid waste rules (Env-Wm 100-1000). The objective of the department is to first supply technical assistance and outreach to address compliance issues, followed by compliance efforts that may include a letter of deficiencies, administrative orders, and administrative fines. The department also reinforces existing municipal enforcement structures through assistance provided by the Solid Waste Technical Assistance and the Special Investigations Section.

Proposed New Recycling Rules Laws or Regulations
A proposed bill would prohibit the disposal of certain recyclable wastes in landfills and combustion facilities, and allow three years to develop the infrastructure to handle the increased volume of recyclables.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/Project Recycling Requirements
RSA 21-1: 14-a requires "each state agency, under the direction of the director, division of plant and property management, shall develop a recycling program for post consumer recycled waste materials."

Contact: Don Maurer, NHDES, 29 Hazen Drive, Concord, NH, 03301, Tel: ((603) 271-3713, Fax: (603) 271-2456, email.

Web Sites:
NH Solid Waste Rules
Hazardous Waste Rules
Legislative Report
Solid Waste Technical Assistance Section

State Recycling Organization: Marghie Seymour, Director, New Hampshire the Beautiful, 98-B Main Street, Littleton, NH 03561, Tel: (603) 444-9812, Fax: (603) 444-9812.

NEW JERSEY
In addition to banning grass clippings and wallboard from combustion facilities, New Jersey bans leaves, waste oil and dry cell batteries from its landfills and combustion facilities. New Jersey's mandatory recycling law requires each county government to develop and adopt a recycling plan that includes recycling of leaves and a minimum of three other designated recyclables. The list of designated recyclables includes: aluminum and tin cans, corrugated cardboard, glass containers, high-grade office paper, newspaper, mixed paper, HDPE and PET, scrap metal and white goods. Recycling of designated recyclable materials is required in the residential, commercial and institutional sectors.

Local Recycling Requirements

• The list of recycled materials varies by county, since they independently select a minimum of three designated recyclables. Currently the minimum number of recyclables identified by a county is five, and the maximum number of recyclables identified is 20. In addition to the designated recyclables by the state, counties have identified additional recyclables, including: propane tanks, textiles, tires, wood waste, yard trimmings, and the commercial recycling of polystyrene.

Innovative Strategies Promoting Compliance

• Pursuant to N.J.S.A. 13:1E-99.30 and 31 (New or expanded solid waste facilities…; Resource Recovery facilities…) solid waste facilities must demonstrate that the goals of the relevant county recycling plan have been incorporated into the plans for the facility. This requirement has resulted in the development of incoming waste inspection plans for designated recyclable materials at landfills, transfer stations and resource recovery incinerators. Incoming waste loads that contain more than acceptable levels of designated recyclable materials are to be rejected at these facilities. This in turn should lead to more diligent source separation of recyclable materials by generators and thereby promotes compliance with state and local recycling requirements.
• Also, pursuant to N.J.S.A. 13:1E-148 Disbursements from Services Tax Fund, the Department is authorized to withhold payment of money generated by the solid waste services tax to counties that have not fulfilled their district solid waste management planning responsibilities. Due to the fact that recycling falls under the solid waste management planning umbrella, this provision can be used to promote compliance with state recycling laws and regulations.
• Pursuant to an EPA air permit program requirement, resource recovery incinerators (RRIs) located in "non-attainment areas" may not burn wastes that will result in elevated SOx and NOx emissions. As such, wallboard (sulfur source) and grass clippings (nitrogen source) may not be burned in the Union County and Essex County Resource Recovery Incinerators. Additional inspections of incoming waste for these materials must be conducted at the incinerators. This air program requirement has promoted the recycling of certain materials and works to promote compliance with local recycling laws and regulations.

Enforcement Procedures
In general, municipal and county recycling coordinators will first try to work with those not complying with the recycling requirements by issuing warnings and providing information about the recycling program. In cases of non-compliance, municipal or county health officers through the authority of the County Environmental Health Act typically carry out enforcement. In addition, a number of recycling coordinators have been empowered by their municipalities to carry out recycling enforcement duties. While the State has broad enforcement powers under the Solid Waste Management Act (N.J.S.A. 13:1E-9), the focus of state enforcement is on solid waste, recycling facilities and illegal dumping, and not on generators who aren't complying with local source separation requirements.

Proposed New Recycling Rules Laws or Regulations
The Division is presently in the process of revising and re-adopting its solid waste and recycling regulations, N.J.A.C 7:26 and N.J.A.C. 7:26A. The scope of these changes is expansive. See contacts below for further information.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
As part of the revision and re-adoption process for the state's solid waste recycling regulations, certain provisions will be deleted. See contacts below for further information.

State Agency/Project Recycling Requirements
Executive Order #34 requires state agencies to recycle waste materials generated in state offices; Executive Order #91 requires the State to purchase recycled content products, and purchasing goals have already been established for some products.

Contacts: Guy Watson, Steven Rinaldi, NJDEP, Division of Solid and Hazardous Waste, PO Box 414, Trenton, NJ 08625, Tel: (609) 984-3438, Fax: (609) 777-0769, email.

Web Sites:
Division of Solid and Hazardous Waste
DSHW, Bureau of Recycling and Planning
Buy Recycled

State Recycling Organization: Marie Kruzan, Association of New Jersey Recyclers, 120 Finderne Avenue, Bridgewater, NJ 08807, Tel: (908) 722-7575, email.

NEW YORK
New York bans lead acid, NiCad and mercuric oxide batteries, automobiles, white goods, yard waste and "nonprocessible wastes" from combustion facilities, as identified in Section 360-3.2 of the NYSDEC Regulation - 6NYCRR Part 306, Section 360-3.2. New York also bans motor oil, lead acid batteries, untreated regulated medical waste, whole tires and bulk liquids from landfills. Local governments are required by state law to source separate materials for which there are economic markets.

Local Recycling Requirements
Source separation ordinances enacted pursuant to General Municipal Law 120-aa vary among local governments. Generally, such ordinances require source separation of conventional recyclables, e.g., old newspaper, corrugated cardboard, metal and glass containers, PET and HDPE.

Innovative Strategies Promoting Compliance
New York State provides up to 50% of the eligible costs for recycling equipment purchased by local government. To qualify for such money, the local government must be in compliance with Environmental Conservation Law, including the solid waste management planning requirements.

Enforcement Procedure
According to the New York State Attorney General's office, all complaints regarding non-compliance with General Municipal Law 120-aa are investigated and fines may be imposed when necessary.

Proposed New Recycling Rules Laws or Regulations
The New York State Attorney General's office states they are proposing the Recycling Enforcement Act - a bill prohibiting disposal of specific recyclables.

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/Project Recycling Requirements
Executive Order 142 requires state agencies to implement programs to recover recyclables from their waste streams, institute waste reduction practices, and buy recycled.

Contact: Jeffrey C. Schmitt, Director, Solid Waste, Reduction and Recycling, NYSDEC, 625 Broadway, 9th Floor, Albany, NY 12233-7253, Tel: (518) 402-8678, Fax: (518) 402-8661, email.

Web Site: Department of Environmental Conservation

State Recycling Organization: Jeff Cooper, President, New York State Association for Reduction, Reuse and Recycling, NYSAR3, P.O. Box 3913, Albany, NY 12203, Tel: (888) 925-7329, Fax: (518) 482-7396, email.

PENNSYLVANIA
Pennsylvania bans lead acid batteries, truckloads with more than 50% leaf waste from landfills and resource recovery (incinerator) facilities. Landfills may not accept whole or shredded tires for disposal. Landfills, resource recovery facilities and transfer stations must provide at least one drop-off center for the collection and sale of at least three recyclable materials from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastics. All state agencies must recycle aluminum, high-grade office paper, corrugated paper and other materials produced as a result of agency operations. The state recycling law requires local recycling programs for municipalities with populations greater than 10,000, and municipalities with populations greater than 5,000 and population densities greater than 300 persons per square mile.

Local Recycling Requirements
Pursuant to Act 101 of 1988, codified as the Municipal Waste Planning, Recycling and Waste Reduction Act, Pennsylvania's larger municipalities must enact recycling ordinances requiring: 1) residential curbside recycling of at least three recyclable materials from the following, and leaf waste: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper and plastics; and, 2) commercial, institutional and municipal establishments, and community activities, to separate and store until collection: aluminum, high-grade office paper, corrugated paper, leaf waste and other materials deemed appropriate by the municipality. Municipalities with recycling programs may not permit the open burning of recyclables and leaf waste. Each county is responsible for ensuring the availability of adequate permitted processing and disposal capacity for the municipal waste generated within its boundaries. Municipalities other than counties may adopt ordinances, resolutions, regulations and standards for the recycling of source separated materials.

Innovative Strategies Promoting Compliance

• Recycling Public Education;
• Recycling Technical Assistance;
• Workshops, Seminars, Videoconferences, Web casts;
• Recycling Coordinator Certification Program;
• Recycling Development and Implementation Grants; and
• Recycling Performance Grants.

Enforcement Procedures
Act 101 provides enforcement and remedies in the form of enforcement orders, restraining violations, civil penalties and criminal penalties including summaries and misdemeanors. PADEP may request that the State Treasurer withhold payment of all or any portion of funds payable to a municipality or county by PADEP. PADEP may not issue grants to any non-compliant counties and municipalities.

Proposed New Recycling Rules Laws or Regulations
None

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/Project Recycling Requirements
Under Management Directive number 205.28, Pennsylvania requires all Commonwealth agencies to implement recycling programs for high-grade office paper, corrugated cardboard, aluminum cans and leaf waste.

Contact: Carl Hursh, Chief, Waste Reduction and Recycling, PADEP, PO Box 8472, Harrisburg, PA 17105-8472, Tel: (717) 787-7382, Fax: (717) 787-1904, email.

Web Site: Department of Environmental Protection

State Recycling Organizations:
Professional Recyclers of Pennsylvania (PROP), John Frederick, Executive Director, PO Box 25, Bellwood, PA 16617, Tel: (814) 742-7777, Fax: (814) 742-8838, email.

Pennsylvania Resources Council (PRC), Pat Imperato, Executive Director, 3616 Providence Rd., Newtown Square, PA, 19073, Tel: (610) 353-1555, Fax: (610) 353-6257, email.

Pennsylvania Composting Association (PACA), Patricia Heuser, Executive Director, 1924 N. 2nd. St., Harrisburg, PA, 17102, Tel: (800 977-PACA), Fax: (717) 238-9985, email.

RHODE ISLAND
Rhode Island bans lead acid batteries, automobiles, and waste oil from its landfills. Under the "Maximum Recycling" program, municipalities and single-family residences are required by state regulations to recycle the following: aluminum and tin cans; foil and pie plates; scrap metal; empty aerosol and paint cans; white goods; glass bottles and jars; milk, juice and asceptic drink cartons and boxes; HDPE and PET plastics; old mail; glossy paper; phone and paper books; writing paper; corrugated cardboard; paperboard; newspapers; textiles; and leaf and yard waste. All municipalities are required to implement Maximum Recycling by December 31, 2001. Commercial facilities are required to recycle 17 recyclable items, and non-municipal properties (apartment complexes) are required to recycle nine items. State regulations requires any person who generates municipal, commercial or multi-family residential solid waste to segregate the solid waste, and that subsequent to generation, segregated recyclables may not be combined in a manner that renders them unmarketable.

Local Recycling Requirements
All municipalities are required by state regulations to adopt local ordinances governing recycling. Municipalities are required to implement a revised recycling program, known as the "Maximum Recycling" program, no later than December 31, 2001.

Innovative Strategies Promoting Compliance
None

Enforcement Procedures
None

Proposed New Recycling Rules Laws or Regulations
None

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/Project Recycling Requirements
State agencies and quasi-public agencies fall under the auspices of the commercial recycling regulations.

Contact: Thomas E. Armstrong, Principal Environmental Planer, RIDEM, 235 Promenade Street, Suite 330, Providence, RI 02908, Tel: (401) 222-4700 x4412, Fax: (401) 222-3810, email

Web Sites:
Rhode Island Regulations
Rhode Island Statutes
(Applicable Statute citations are noted on the cover pages of both the Municipal and Commercial [Commercial & Non-residential Solid Waste] Regulations)

State Recycling Organization: Maria Broadbent, President, RI Recycling Coalition, City of Newport, Clean City Program, 70 Halsey Street, Newport, RI 02840, Tel: (401) 849-2380, Fax: (401) 846-0947, email.

VERMONT
Vermont bans lead acid and NiCad batteries, waste oil, white goods, tires, mercury-labeled consumer products and paint from its landfills. Vermont has no statewide recycling law, but encourages the solid waste districts to implement mandatory programs.

Local Recycling Requirements
Over two-thirds of Vermont's residents live in solid waste districts that mandate recycling of designated materials. Material types vary by district.

Innovative Strategies Promoting Compliance
10 V.S.A. § 6622. Source separation incentives:

1. Any municipality or solid waste management district that meets the requirements of subsection (d) of this section has met the requirements of 10 V.S.A. § 6604(a)(1)(B) for those materials identified in the source separation requirements under subsection (d) of this section.
   
2. A municipality or a solid waste management district that wishes to be eligible, on a priority basis, for implementation grants under subdivision 6603c(c)(2)(C)(ii) of this title shall include a source separation plan in its solid waste management plan. At a minimum, that source separation plan shall include the following components:

   (1) a recycling awareness component which includes education and public outreach; and

   (2) a strategy to require source separation, including enforcement provisions; and

   (3) a list of those materials subject to any source separation program, including at least five of the following materials:

   (A) cardboard, including corrugated and boxboard;

   (B) glass containers;

   (C) yard waste, food waste, and other compostables;

   (D) newsprint;

   (E) office paper, including white, colored, and mixed office paper;

   (F) metal food and beverage containers including tin-plated steel bi-metal and aluminum cans; and

   (G) plastic containers made from high density polyethylene (HDPE), polyethylene terephthalate (PET), and polyvinyl chloride (PVC)

3. (c) If necessary, the Secretary of the Agency of Natural Resources, by rule, shall add or delete materials to the above list, after considering the following:
   1. adequacy of markets;
      
   2. availability of process facilities; and
      
   3. the costs of collecting, processing, and transporting the material to market.
      
4. Municipalities or districts that have an ordinance in effect that includes enforcement provisions and requires source separation of at least five materials identified in this section shall be eligible to receive priority consideration for implementation grants according to the provisions of subsection 6603c(c) of this title.

Enforcement Procedures
Each solid waste district is responsible for implementing its own recycling enforcement program.

Proposed New Recycling Rules Laws or Regulations
None

Existing Recycling Rules Laws or Regulations Likely to Be Repealed
None

State Agency/Project Recycling Requirements
The Clean State Council has implemented many recycling requirements as part of its Materials Management Plan (MMP). One example of an innovative requirement under the MMP is: The state requires that any contractor selected for a building project must submit a recycling plan which requires the contractor to recycle, at a minimum, corrugated cardboard, scrap metal, pallets, clean wood and waste office paper. The recycling plan must include information on material storage, processing and markets.

Contact: Chris Wagner, VTANR, Solid Waste Program, 103 South Main Street, Waterbury, VT 05671-0411, Tel: (802) 241-3483, Fax: (802) 241-3273, email.

Websites:
State's landfill ban and source separation incentives
Clean State Council Program

State Recycling Organization: Karin McNeill, Director, Association of Vermont Recyclers, P.O. Box 428, Plainfield, VT 05667, Tel: (802) 454-8400, email.