File No. 493

House of Representatives, April 6, 2009

The Committee on Environment reported through REP. ROY, R. of the 119th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING PRIVATE, MUNICIPAL AND STATE RECYCLING, BENEFICIAL USE PERMITS AND ZONING ORDINANCES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22a-209f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

The Commissioner of Environmental Protection may issue a general permit for a category of processing or beneficial use of solid waste when used in a manufacturing process to make a product or as an effective substitute for a commercial product, provided: (1) Such permit does not allow an activity for which an individual permit has been issued; (2) the issuance of the general permit is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act; (3) the solid wastes included in the category are proposed for the same or substantially similar operations and have the same or similar physical character and chemical composition; (4) the solid wastes included in the category are proposed for the same or substantially similar beneficial use or processing activities; and (5) the commissioner finds that the activities in the category can be adequately regulated using standardized conditions without harming or presenting a threat of harm to public health and safety or the environment. The commissioner's authority to issue a general permit shall not apply to the reuse of hazardous waste as defined in section 22a-115. The issuance of the general permit shall be governed by procedures established in subsection [(q)] (i) of section 22a-208a. The general permit may require any person or municipality proposing to conduct any activity under a general permit to register such activity on a form prescribed by the commissioner. The commissioner may identify one or more states that have a similar process and criteria for issuing general permits for the processing or beneficial use of such solid waste and, if such state or states has approved such a permit for a particular beneficial use, the commissioner may issue a general permit for a substantially similar proposed beneficial use in this state and deem such activity to be in compliance with subdivisions (2) and (5) of this section without further investigation.

Sec. 2. Subsection (h) of section 22a-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(h) On or before August 31, 1991, and annually thereafter, each municipality, or its designated regional agent, shall provide a report to the Commissioner of Environmental Protection describing the measures taken during the preceding year to meet its obligations under this section. The commissioner shall provide each municipality with a form for such report by June 1, 1991. Such form may be amended from time to time. Such report shall include, but not be limited to, (1) a description of the efforts made by the municipality to promote recycling, (2) a description of its efforts to ensure compliance with separation requirements, [(3) the amount of each recyclable item contained in its solid waste stream which has been delivered to a recycling facility as reported to the municipality or its designated regional agent by the owner or operator of a recycling facility pursuant to section 22a-208e or by a scrap metal processor pursuant to section 22a-208f, and (4)] and (3) the amount of solid waste generated within its boundaries which has been delivered to a resources recovery facility or solid waste facility for disposal as reported to the municipality or its designated regional agent by the owner or operator of the resources recovery facility or solid waste facility pursuant to section 22a-208e.

Sec. 3. Section 22a-241b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) (1) On or before February 1, 1988, the Commissioner of Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 designating items that are required to be recycled. The commissioner may designate other items as suitable for recycling and amend said regulations accordingly. (2) On or before October 1, 2010, the Commissioner of Environmental Protection shall amend the regulations adopted under subdivision (1) of this subsection to require the recycling of (A) containers made of polyethylene terephthalate plastic and high-density polyethylene plastic, (B) boxboard, and (C) paper, including but not limited to, magazines and white and colored office and residential paper.

(b) Any item designated for recycling pursuant to subsection (a) of this section shall be recycled by a municipality within three months of the establishment of service to such municipality by a regional processing center or local processing system.

(c) [On and after January 1, 1991, (1) each] (1) Each person who generates solid waste from residential property shall, in accordance with subsection (f) of section 22a-220, separate from other solid waste the items designated for recycling pursuant to subdivision (1) of subsection (a) of this section, and (2) every other person who generates solid waste shall, in accordance with subsection (f) of section 22a-220, make provision for and cause the separation from other solid waste of the items designated for recycling pursuant to subdivision (1) of subsection (a) of this section. On and after July 1, 2011, the provisions of this subsection shall apply to items designated for recycling pursuant to subdivision (2) of subsection (a) of this section.

(d) For the purposes of this section, "boxboard" means a lightweight paperboard made from a variety of recovered fibers having sufficient folding properties and thickness to be used to manufacture folding or set-up boxes.

Sec. 4. (NEW) (Effective October 1, 2009) (a) For purposes of this section, "commercial entity" means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which business for profit or not-for-profit is conducted, and "recyclable items" means the items designated for recycling in accordance with subsection (a) of section 22a-241b of the general statutes, as amended by this act. On and after October 1, 2009, no commercial entity shall enter into or renew a contract for the collection of solid waste without specifying within such contract how recyclable items will be separated and processed.

(b) The provisions of this section shall not be construed to require any commercial entity to contract for the removal of such recyclable items.

Sec. 5. Subsection (a) of section 8-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality, the height, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, including water-dependent uses, as defined in section 22a-93, and the height, size and location of advertising signs and billboards. Such bulk regulations may allow for cluster development, as defined in section 8-18. Such zoning commission may divide the municipality into districts of such number, shape and area as may be best suited to carry out the purposes of this chapter; and, within such districts, it may regulate the erection, construction, reconstruction, alteration or use of buildings or structures and the use of land. All such regulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district, and may provide that certain classes or kinds of buildings, structures or uses of land are permitted only after obtaining a special permit or special exception from a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, whichever commission or board the regulations may, notwithstanding any special act to the contrary, designate, subject to standards set forth in the regulations and to conditions necessary to protect the public health, safety, convenience and property values. Such regulations shall be made in accordance with a comprehensive plan and in adopting such regulations the commission shall consider the plan of conservation and development prepared under section 8-23. Such regulations shall be designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. Such regulations may, to the extent consistent with soil types, terrain, infrastructure capacity and the plan of conservation and development for the community, provide for cluster development, as defined in section 8-18, in residential zones. Such regulations shall also encourage the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a. Such regulations shall also promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and shall encourage the development of housing which will meet the housing needs identified in the housing plan prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to section 16a-26. Zoning regulations shall be made with reasonable consideration for their impact on agriculture. Zoning regulations may be made with reasonable consideration for the protection of historic factors and shall be made with reasonable consideration for the protection of existing and potential public surface and ground drinking water supplies. On and after July 1, 1985, the regulations shall provide that proper provision be made for soil erosion and sediment control pursuant to section 22a-329. Such regulations may also encourage energy-efficient patterns of development, the use of solar and other renewable forms of energy, and energy conservation. The regulations may also provide for incentives for developers who use passive solar energy techniques, as defined in subsection (b) of section 8-25, in planning a residential subdivision development. The incentives may include, but not be limited to, cluster development, higher density development and performance standards for roads, sidewalks and underground facilities in the subdivision. Such regulations may provide for a municipal system for the creation of development rights and the permanent transfer of such development rights, which may include a system for the variance of density limits in connection with any such transfer. Such regulations may also provide for notice requirements in addition to those required by this chapter. Such regulations may provide for conditions on operations to collect spring water or well water, as defined in section 21a-150, including the time, place and manner of such operations. No such regulations shall prohibit the operation of any family day care home or group day care home in a residential zone. No such regulations shall prohibit the use of receptacles for the storage of items designated for recycling in accordance with section 22a-241b, as amended by this act. Such regulations shall not impose conditions and requirements on manufactured homes having as their narrowest dimension twenty-two feet or more and built in accordance with federal manufactured home construction and safety standards or on lots containing such manufactured homes which are substantially different from conditions and requirements imposed on single-family dwellings and lots containing single-family dwellings. Such regulations shall not impose conditions and requirements on developments to be occupied by manufactured homes having as their narrowest dimension twenty-two feet or more and built in accordance with federal manufactured home construction and safety standards which are substantially different from conditions and requirements imposed on multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments. Such regulations shall not prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations. Such regulations shall not provide for the termination of any nonconforming use solely as a result of nonuse for a specified period of time without regard to the intent of the property owner to maintain that use. Any city, town or borough which adopts the provisions of this chapter may, by vote of its legislative body, exempt municipal property from the regulations prescribed by the zoning commission of such city, town or borough; but unless it is so voted municipal property shall be subject to such regulations.

Sec. 6. (NEW) (Effective October 1, 2009) The Commissioner of Environmental Protection may contract with municipalities or a qualified private organization for the enforcement of the provisions of subsection (c) of section 22a-241b of the general statutes, as amended by this act, subsection (i) of section 22a-220a of the general statutes or section 9 or 10 of this act, and permit such municipality to retain a portion of the proceeds of any fines assessed in accordance with section 9 or 10 of this act.

Sec. 7. (NEW) (Effective July 1, 2009) Each state agency, as defined in section 1-79 of the general statutes, that occupies or manages a state building, facility or park shall, within the existing resources of such state agency, develop and execute a list of proposed actions concerning sustainability for such agency's state buildings, facilities or parks. Such list shall include, but not be limited to, methods to increase energy efficiency, provision of a sufficient number of recycling receptacles, a preference for the use of biodegradable cleaning products when feasible and appropriate separation and processing of recyclable materials. Such list shall be filed with the Department of Environmental Protection not later than August 1, 2010. For the purposes of this section, "state building" means buildings and real property owned or leased by the state, and "recyclable materials" means those items designated for recycling in accordance with subsection (a) of section 22a-241b of the general statutes, as amended by this act.

Sec. 8. (NEW) (Effective October 1, 2009) (a) Each municipality shall offer curbside recycling to all residents and businesses for which such municipality provides municipal curbside collection of solid waste, except that the provisions of this section shall not apply to any municipality that the Commissioner of Environmental Protection determines recycles its solid waste in a percentage that exceeds the state-wide average for the amount of municipal solid waste recycled.

(b) Each trash hauler that offers curbside collection of solid waste generated by residences in a municipality shall offer curbside recycling to each of such trash hauler's customers at no additional charge above the trash hauler's charge for solid waste collection. The provisions of this subsection shall not be construed to prohibit any trash hauler from determining and adjusting its fees for combined curbside collection services.

(c) For the purposes of this section, "curbside recycling" means the collection, by either municipal or private recycling vehicles, of presorted recyclable items left for such collection by residents and businesses in the front of the property of such residents and on the property of businesses, "recyclable items" means the items designated for recycling in accordance with subsection (a) of section 22a-241b of the general statutes, as amended by this act, and excludes bulk items such as furniture, demolition waste or trees, and "collector" has the same meaning as in subsection (g) of section 22a-220a of the general statutes.

Sec. 9. (NEW) (Effective October 1, 2009) (a) Each owner or lessee of a public place shall provide recycling receptacles that are accessible to the public at the same location as trash receptacles. Such recycling receptacles shall, at a minimum, allow for the collection of beverage containers of twenty-one ounces or less, and the owner or lessee may also provide receptacles intended for the recycling of other recyclable items. For the purpose of this section, "recyclable items" means those items designated for recycling in accordance with subsection (a) of section 22a-241b of the general statutes, as amended by this act, and "public place" means any area or building, or portion thereof, that is open to the public during normal business hours, including, but not limited to, any (1) building that provides facilities or shelter for public assembly, (2) inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant or other commercial establishment that provides services or retails merchandise, and (3) museum, hospital, auditorium, movie theater and university building.

(b) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

(c) Any owner or lessee who violates this section may be subject to a civil penalty of not more than one thousand dollars for each offense. Each violation of this section shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon the request of the Commissioner of Environmental Protection, shall bring an action in superior court for the judicial district of Hartford to recover such penalty.

Sec. 10. (NEW) (Effective October 1, 2009) (a) No person shall recombine previously segregated items required to be recycled pursuant to subsection (a) of section 22a-241b of the general statutes, as amended by this act, with nonrecyclable solid waste.

(b) Any person who violates subsection (a) of this section shall be subject to a civil penalty of two hundred dollars for each offense. Each violation of said subsection (a) shall be a separate and distinct offense, and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon the request of the Commissioner of Environmental Protection, shall bring an action in superior court for the judicial district of Hartford to recover such penalty.

Sec. 11. (NEW) (Effective July 1, 2009) (a) For the purposes of this section, "resources recovery facility" has the same meaning as in section 22a-207 of the general statutes and "recyclable item" means the items designated for recycling in accordance with section 22a-241b of the general statutes, as amended by this act.

(b) No contract between a municipality and a resources recovery facility entered into or renewed on or after July 1, 2009, may provide that the fees paid by such municipality to such facility shall increase if the tonnage of solid waste delivered to such facility is reduced and the tonnage of recyclable items delivered to such facility is increased.

(c) The provisions of this section shall not be construed to permit a municipality to sell such recyclable items to an entity other than the facility in violation of any such contract.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: EQ=Environmental Quality Fund; GF=General Fund

Municipal Impact:

Explanation

The bill could result in significant costs to the Department of Environmental Protection (DEP) since it allows the agency to contract with municipalities or certain qualified private entities for enforcement of certain recycling provisions of the bill. The extent to which the agency would contract with other entities is unknown at this time.

The bill could also result in a revenue gain to the Environmental Quality fund since it allows the Department of Environmental Protection to issue general permits for the beneficial use of solid waste in a manufacturing process under certain conditions. The fee for this permit is $5,000.

Additionally, there could be a minimal revenue gain to the state and to various municipalities since the bill allows a portion of any fines assessed to be retained by the state and various municipalities. The bill establishes a civil penalty of $1,000 for each offense pertaining to recycling receptacles in public spaces and establishes a fine of $200 for recombining previously segregated recyclable items. The bill does not specifically state the exact portion of fines that would be retained by the municipality and the exact portion that would be retained by the General Fund.

The bill also requires each state agency, within existing resources, to develop and execute a list of proposed actions concerning sustainability for its buildings, facilities or parks. The bill specifies that each state agency implement the provisions of the bill within available appropriations. With passage of the bill, agencies would either (1) re-allocate existing funding for this purpose from other programs; (2) incur additional costs; or (3) delay or not implement this program due to lack of funding.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to (1) the number of permits issued for the beneficial use of solid waste, (2) subject to any contracts that are entered into by DEP for enforcement of recycling provisions, and (3) subject to fines imposed for violations of the bill's provisions.

OLR Bill Analysis

sHB 5474

AN ACT CONCERNING PRIVATE, MUNICIPAL AND STATE RECYCLING, BENEFICIAL USE PERMITS AND ZONING ORDINANCES.

SUMMARY:

This bill:

1. expands the types of items that everyone must recycle;

2. requires commercial entities to show how they will provide for recycling required items;

3. (a) requires public buildings to have recycling receptacles, (b) creates a penalty for putting previously recycled items in the trash, and (c) allows the Department of Environmental Protection (DEP) to contract with municipalities and qualified private organizations to enforce recycling laws;

4. requires certain state agencies, within available resources, to create “sustainability” lists for their buildings, facilities, or parks and submit them to DEP;

5. (a) requires certain municipalities to provide curbside recycling and trash haulers to offer recycling to its solid waste customers, (b) prohibits municipal zoning regulations from barring the use of recycling receptacles for storage of recyclable items, and (c) prohibits municipal contracts with resources recovery facilities from containing penalty provisions if the municipality increases its recycling; and

6. allows the DEP commissioner to adopt solid waste beneficial use permits based on those in other states.

The bill eliminates the requirement that municipalities include in their annual reports to DEP information describing the amount of each recyclable item contained in their solid waste stream that has been delivered to a recycling facility.

It also makes technical changes.

EFFECTIVE DATE: October 1, 2009, except the provisions concerning sustainability lists and resources recovery contracts are effective July 1, 2009.

§ 3 —ADDING ITEMS TO THOSE THAT MUST BE RECYCLED

By law, everyone must recycle certain items (see BACKGROUND). The bill expands these to include (1) containers made of polyethylene terephthalate (also known as “PET” – clear plastic bottles) plastic and high-density polyethylene plastic (e.g., milk jugs), (2) boxboard (e.g., cereal box material), and (3) paper, including, but not limited to, magazine and white and colored office and residential paper. It requires the DEP commissioner to amend recycling regulations to add these by October 1, 2010 (the bill thus gives DEP a year from this requirement's effective date of October 1, 2009, to amend the regulations).

The law requires (1) each residence to separate specific items from their garbage (solid waste) for recycling and (2) everyone that generates solid waste to make provision for recycling. The bill specifies that everyone separate recyclable items from solid waste. It requires everyone to recycle the new items the bill designates beginning July 1, 2011.

Under the bill, “boxboard” means a lightweight paperboard made from a variety of recovered fibers having sufficient folding properties and thickness to be used to manufacture folding or set-up boxes.

§ 4 — COMMERCIAL ENTITY SOLID WASTE COLLECTION CONTRACTS

The bill prohibits as of October 1, 2009, a commercial entity from entering into or renewing a contract for solid waste collection without specifying in the contract how recyclable items will be separated and processed. Under the bill, commercial entities are not required to contract for the removal of the recyclable items.

The bill defines:

1. “commercial entity” as any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association, or other legal entity that conducts profit or nonprofit business and

2. “recyclable items” as the items designated for recycling as required by law.

§§ 6, 9, AND 10 — “PUBLIC PLACE” RECYCLING REQUIREMENTS, PENALTIES, AND ENFORCEMENT

“Public Place” Recycling Receptacles

The bill requires each owner or lessee of a public place to provide recycling receptacles that are accessible to the public at the same location as trash receptacles. The recycling receptacles must at least allow for collection of beverage containers (bottles and cans) that are 21 ounces or less. The owner or lessee may also provide receptacles for other recyclable items (i.e., those designated for recycling by law).

For this requirement, the bill defines “public place” as any area or building, or portion of it, that is open to the public during normal business hours, including, but not limited to, any (a) building that provides facilities or shelter for public assembly; (b) inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment that provides services or sells merchandise; and (c) museum, hospital, auditorium, movie theater, and university building.

The bill allows the DEP commissioner to adopt regulations for this requirement.

Under the bill, owners or lessees who violate this requirement may be subject to a civil penalty of up to $1,000 for each offense. Each violation is a separate and distinct offense and, in case of a continuing violation, each day's continuance is deemed to be a separate and distinct offense. The Attorney General, on the commissioner's request , must bring an action in Hartford Superior Court to recover the penalty.

Putting a Previously Recycled Item in the Trash

The bill creates a penalty for anyone who recombines previously segregated recyclable items with nonrecyclable solid waste. Violators are subject to a $200 civil penalty for each offense. Each violation is a separate and distinct offense, and, in case of a continuing violation, each day's continuance is deemed to be a separate and distinct offense. The Attorney General, on the commissioner's request, must bring an action in Hartford Superior Court to recover the penalty.

Enforcement

The bill allows the DEP commissioner to contract with municipalities or qualified private organizations to enforce recycling requirements, including (1) separating recyclable items from solid waste, (2) illegal dumping or recycling (i.e., other than at designated solid waste and recycling locations), (3) placing previously sorted recyclables in the trash, and (4) the requirement for receptacles in public places. It permits municipalities that do this to retain a portion of the proceeds of any fines assessed as the bill establishes.

§7 — STATE AGENCY SUSTAINABILITY LIST

The bill requires each state agency that occupies or manages a state building, facility, or park to within the agency's existing resources, develop and execute a list of proposed actions for the sustainability of the agency's state buildings, facilities, or parks. The list must include:

1. methods to increase energy efficiency,

2. providing a sufficient number of recycling receptacles,

3. a preference for the use of biodegradable cleaning products when feasible, and

4. appropriate separation and processing of recyclable materials that, by law, must be recycled.

The agency must file the list with DEP by August 1, 2010.

For this requirement, the bill defines “state building” as buildings and real property owned or leased by the state. By law, “state agency” means any office, department, board, council, commission, institution, constituent unit of the state system of higher education, vocational-technical school or other agency in the executive, legislative, or judicial branch of state government

§§ 8 AND 11 — MUNICIPAL REQUIREMENTS AND CONTRACTS WITH RESOURCES RECOVERY FACILITIES

Municipal Curbside Recycling Required

The bill requires each municipality to offer curbside recycling to all the residents and businesses to which it provides municipal curbside solid waste collection. It exempts from this requirement any municipality that the DEP commissioner determines recycles a higher percentage of its solid waste than the state-wide average.

Trash Haulers and Offering Curbside Recycling

The bill requires each trash hauler that offers curbside collection of residential solid waste in a municipality to offer curbside recycling to its customers at no additional charge. However, the bill allows the trash hauler to determine and adjust its fees for combined curbside collection services. This appears to permit trash haulers to charge a higher fee for “combined curbside collection services” to make up for the additional costs of recycling.

For these requirements, the bill defines:

1. “curbside recycling” as the collection, by either municipal or private recycling vehicles, of presorted recyclable items that residents and businesses leave for collection in front of their property or business.

2. “recyclable items” as the items the law requires be recycled, excluding bulk items such as furniture, demolition waste, or trees; and

3. “collector, “ as under existing law, means anyone who hires himself out to collect solid waste from residential, business, commercial, or other establishments.

Resources Recovery Contracts

The bill prohibits a contract between a municipality and a resources recovery facility, entered into or renewed on or after July 1, 2009, from requiring that the municipality's fee increases if the solid waste tonnage delivered to the facility is reduced and the recyclable items tonnage is increased.

The bill prohibits a municipality from selling recyclable items (those the law requires be recycled) to an entity other than the resource recovery facility with which it contracts.

For this requirement, “resources recovery facility” means a facility utilizing processes to reclaim energy from municipal solid waste.

§1 — BENEFICIAL USE OF SOLID WASTE

The bill allows the DEP commissioner to identify one or more states that have a similar process and criteria for issuing beneficial use general permits for the processing or beneficial use of solid waste. Beneficial use means using a solid waste in a manufacturing process to make a product, or as an effective substitute for materials used in a commercial product. If the state or states have approved this type of permit for a particular beneficial use, the commissioner may issue a general permit for a substantially similar proposed beneficial use in Connecticut and deem the activity to be in compliance with the law without further investigation. By law, the DEP commissioner may issue general permits for the beneficial use of solid waste if the proposed use meets certain standards. The law allows her to do so, for example, when (1) the solid wastes included in the category are proposed for the same or substantially similar beneficial use or processing activities and (2) she finds that the activities in the category can be adequately regulated using standardized conditions without harming or presenting a threat of harm to public health and safety or the environment.

BACKGROUND

Items Required To Be Recycled Under Existing Law

By law, the following must be recycled:

1. glass and metal food and beverage containers,

2. corrugated cardboard,

3. newspaper,

4. white office paper,

5. scrap metal,

6. Ni-Cd rechargeable batteries (from electronics),

7. used crankcase oil,

8. lead acid batteries (from vehicles),

9. leaves, and

10. grass (clippings should be left on the lawn or, if necessary, composted, according to DEP).

COMMITTEE ACTION

Environment Committee

Joint Favorable Substitute