(a) The County Council finds that undertaking a long term commitment to remove and recycle certain materials from the solid waste stream is a necessary part of the County's integrated solid waste management system of recycling, resource recovery and landfilling. Extensive recycling will: (1) decrease the flow of solid waste to overburdened County disposal facilities; (2) aid in the conservation and recovery of valuable resources; (3) conserve energy; (4) increase the supply of reusable raw materials; (5) reduce the cost of planning, constructing, and operating solid waste disposal facilities; and (6) reduce the environmental impact of waste management. (b) The County Council also finds that the objectives of the Comprehensive Solid Waste Management Plan adopted under State law will be promoted by establishing a recycling program. The program should include: (1) a mandatory recycling program for homes, industries and businesses wherein residents will recycle their recyclable solid waste in conformance with Executive regulation. Materials subject to mandatory recycling can be set out for County operated collection, taken to drop-off centers or recycled by private or charitable organizations; (2) recycling drop-off centers where collection is not practical; (3) purchase by the County of products made at least in part from recyclable solid waste; (4) encouraging any entity not subject to this Chapter to adopt a recycling program; (5) development of special pilot recycling programs to addressrecycling of plastics, yard wastes and other potentially recyclable materials; (6) construction of a recyclable materials recovery center adjacent to the Shady Grove transfer station; (7) coordination of a network of volunteers to promote recycling; (8) development and dissemination of educational material to inform the public about recycling and promote recycling programs; and (9) other innovative actions and programs designed to develop recycling in the County. (c) The County Council found in Resolution 11-733 that to recycle 27% of the solid waste stream by 1992 and 30% before the resource recovery plant is expanded is in the public interest. The County Council reaffirms that it is in the public interest to recycle as much solid waste as practical and that the goals adopted in Resolution 11-733 are the goals of this program.

(a) In this article, recyclable solid waste means those materials in the solid waste stream which may be separated and reused. (b) Recyclable solid waste includes: (1) containers and other products made from metals; (2) tree cuttings, bush trimmings, plants, leaves, grass, garden trimmings and similar yard waste; (3) glass products; (4) newspapers; (5) corrugated cardboard; (6) office paper; (7) motor oil; (8) lead acid batteries; (9) motor vehicle tires; and (10) medium and large high-density polyethylene and polyethylene terephthalate containers, and any other plastic materials suitable for recycling. (c) The list of materials in subsection (b) may be changed or expanded by Executive regulation.

(a) The County Executive must develop a recyclable solid waste program. The program may be established by executive regulation. (b) Under the recyclable solid waste program, the County must collect, separate, and recycle, to the maximum extent practical, each material listed in subsection 48-46(b) unless: (1) recycling of that material is not technically feasible on the scale proposed; or (2) collection and separation of the material (generally or from a particular geographic area or source of waste) and recycling the material will substantially increase the cost to the County solid waste management system of disposing of that material after subtracting all avoided net costs of burning or burying the material. (c) The regulations may provide for: (1) creation of recycling service areas for the collection, processing and marketing of recyclable solid waste. The recycling program may vary from recycling service area to recycling service area. The Executive must make every reasonable effort to implement curbside collection of recyclable solid waste in those areas in which solid waste is generally collected at curbside. The basis for determiningrecycling activities in a recycling service area may include: (A) population densities; (B) housing patterns; (C) land use patterns; (D) the types and amounts of recyclable solid waste generated in any area; and (E) other factors affecting cost-effectiveness. (2) creation of financial and other incentives, including technical assistance, awards and publicity, for recycling initiatives undertaken by any person. The financial incentives may include special rates or fees for the collection and processing of recyclable solid waste, to be established when the County Council sets rates and fees for solid waste management and disposal. (3) purchase of items by the County which are manufactured at least in part from recyclable solid waste. (d) The regulations must specify the standards and methods by which, and the base from which, the goals of the program and the level of recycling that the program achieves in any year are measured. (e) The County Executive must adopt an ongoing program to study recycling program and technology. This program must include pilot projects to test the effectiveness of new recycling efforts and to provide the basis for expanding the recycling program. (f) The County Executive must report to the Council at least every 2 years on the expansion of recycling service areas, and particularly on the extent that new housing subdivisions are included in the service areas. (g) The County Executive must encourage municipalities and other entities which are not included in a recycling service area to adopt an effective recycling program. The County Executive may enter into agreements with a municipality or other entity to further the objectives of this Article. (h) The County Executive must report to the County Council twice each year on the progress of the recyclable solid waste program toward meeting the quantitative goals and any problems that hinder the achievement of those goals.

(a) A person must not dispose of recyclable solid waste in a manner that violates this Article or regulations issued under it. (b) A person must not collect or remove recyclable solid waste which has been set out for collection in a recycling service area in accordance with the Executive regulations governing that area unless; (1) the person is licensed by the County or has a contract with the County to collect recyclable solid waste; or (2) the property owner or occupant has expressly authorized a charitable organization to remove a recyclable item, and the organization collects the item on a different day from the County recyclable waste collection. This section adds to the requirements in Sections 48-5 and 48-6.

(a) Any violation of this Article or regulations issued under it is a class B violation. Each container holding recyclable solid waste which is disposed of or collected in violation of this Article or regulations issued under it is a separate violation. (b) The proceeds of any citation issued for a violation of this Article must be paid into the solid waste collection and disposal fund established under section 48-43. (c) The County Executive may suspend the collection of solid waste from any person who disposes of recyclable solid waste in violation of this Article or regulations issued under it.

The County Executive may contract for the collection, purchase, processing and marketing of recycled or recyclable solid waste, subject to County procurement laws and regulations. The Executive may enter into contracts, subject to appropriation, with public agencies or private parties to aid or operate recycling programs and to create incentives for recycling.

The County Executive may adopt regulations to implement this article under method (1).