Summary
This bill would amend the environmental conservation law and the general municipal law to prohibit the disposal of recyclable materials in landfills and incinerators and to identify certain materials that are always appropriate for mandatory recycling, such as newsprint, glass containers, metal containers, and certain plastics.

Explanation
The Solid Waste Management Act of 1988 required localities to establish recycling programs that include source separation of any materials for which markets exist that would make recycling at least as economically viable as simple disposal. Most municipalities and private haulers complied with the spirit of this provision. Local recycling programs now divert millions of pounds of materials from landfills and incinerators, valuable materials which were previously perceived as valueless waste. These materials are then relayed through a burgeoning secondary materials market to businesses which utilize recycled materials in their production processes. In addition to rescuing valuable resources from becoming a pollution problem, this network has created thousands of jobs statewide. All too frequently, however, the subjective nature of the “existing market” language in state law has allowed disposal-minded interests to prevail over community-supported recycling programs. This bill would tighten the definition of recyclables to prohibit co-mingling of recyclable material with other waste.

Although most communities have aggressively embraced the opportunity to recycle, many private waste haulers have pursued other waste options, usually at their own disposal facilities. Compliance with local recycling laws by private waste haulers is often spotty, and potential material recovery falls victim to the expediency of private sector dumping and burning. The disturbing trend toward non-compliance too often results in the needless destruction of large volumes of materials which could and should be readily recycled. The excuse these solid waste scofflaws use is the arbitrary “lack of markets” defense. It is unfair to expect residents to do their part for recycling by source separating, when in some parts of the state, many haulers, and even some municipalities, are ignoring both the letter and the intent of the law.

This bill would provide a minimum definition of “recyclable materials” and help stop the much-abused "existing market" loophole, and would, therefore, make both state and local laws clearer and more readily enforceable. The measure would create and protect jobs, improve the state's competitive position, and provide an important recycling stimulus.

Environmental Advocates of New York strongly supports this bill.