Act No. 148 (H.485). Conservation and land development; solid waste; recycling

An act relating to establishing universal recycling of solid waste

This act amends multiple requirements for the management of solid waste in the state.

The act requires solid waste facilities to separate recyclable materials from solid waste and requires waste transporters to offer to collect recyclable materials separate from solid waste. The recyclable materials required to be separated are: mandated recyclables, leaf and yard residuals, and food residuals. Mandated recyclable is defined as source-separated, traditional recyclable materials, such as cans, glass bottles, plastic containers, cardboard, and newspaper. Leaf and yard residuals are defined as source-separated, compostable untreated vegetative matter. Food residuals are defined as source-separated, compostable material derived from the processing or discarding of food. The requirements for separation of recyclable materials are phased in over several years. The act authorizes certain exemptions or variances for solid waste facilities and transporters. A solid waste facility that offers the collection of solid waste shall not charge a separate fee for the collection of mandated recyclables. Facilities may charge a commercial hauler for the collection of mandated recyclables. A transporter that offers the collection of solid waste shall not charge a separate line item fee for collection of mandated recyclables, but may charge a fee for each service call at a residential property.

The act establishes a hierarchy of how food residuals should be managed for various available uses. The act requires generators of food residuals to separate food residuals from solid waste and manage the residuals on site or transfer them to a location for management. The requirement to separate food residuals is only triggered when a generator exceeds a specified threshold amount, and the generator is located within 20 miles of a certified organics management facility that has capacity and will accept the residuals. The act provides that a de minimis amount of food residuals may be disposed of in solid waste. The date by which a generator will be required to separate food residuals will be phased in based on the tonnage of food residuals generated per year. By July 1, 2020, any person generating any amount of food residuals will be required to manage the residuals on site or arrange for their transfer.

The act requires the agency of natural resources (ANR) to readopt the state solid waste management plan by November 2013. The act adds additional priorities that the solid waste plan is required to promote, including materials management which generates less waste, closed loop recycling, and reduction of reliance on disposal. The act requires the state solid waste implementation plan to include additional information, including a waste stream analysis and a waste composition study. ANR is required to report to the general assembly in November 2013 with a comprehensive analysis of the state solid waste system. The act requires a separate report on the management of waste tires in the state and a separate report on the expansion of the beverage container redemptions system.

The act requires municipal solid waste implementation plans to implement variable rate pricing for the collection of municipal solid waste by July 1, 2015. The act also imposes landfill disposal bans for mandated recyclable materials, leaf and yard residuals, wood waste, and food residuals. Beginning July 1, 2015, when a public building or public land provides a container for solid waste collection, an equal number of containers shall be provided for mandated recyclables. The act makes additional technical changes to ANR's solid waste management authority.

Effective Date: July 1, 2012