Title 9. Water, Ice, and Sanitary Facilities — Subtitle 17. Office of Recycling

“Architectural paint” means interior and exterior architectural coatings sold in containers of 5 gallons or less.

“Architectural paint” does not include industrial coatings, original equipment coatings, or specialty coatings.

“Composting facility” means a facility where composting takes place.

“Composting facility” does not include a facility that is required to obtain:

“Computer” means a desktop personal computer or laptop computer, including the computer monitor.

“Computer” does not include:

“Covered electronic device” means a computer or video display device with a screen that is greater than 4 inches measured diagonally.

“Covered electronic device” does not include a video display device that is part of a motor vehicle or that is contained within a household appliance or commercial, industrial, or medical equipment.

Providing, at no cost to the returner, a method of returning a covered electronic device to the manufacturer, including postage paid mailing packages or designated collection points throughout the State;

Contracting with a recycler, local government, other manufacturer, or any other person; or

Any other program approved by the Department.

“Natural wood waste” means tree and other natural vegetative refuse.

“Natural wood waste” includes tree stumps, brush and limbs, root mats, logs, and other natural vegetative material.

“Natural wood waste recycling facility” means a facility where recycling services for natural wood waste are provided.

“Natural wood waste recycling facility” does not include a collection or processing facility operated by:

“Organics recycling” means any process in which organic materials or compostable packaging materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

“Organics recycling” includes anaerobic digestion and composting.

“Recyclable materials” means those materials that:

“Recyclable materials” does not include incinerator ash.

“Solid waste stream” means garbage or refuse that would, unless recycled, be disposed of in a refuse disposal system.

“Solid waste stream” includes organic material capable of being composted that is not composted in accordance with regulations adopted under § 9–1725(b) of this subtitle.

“Solid waste stream” does not include:

“Video display device” means an electronic device with an output surface that displays or is capable of displaying moving graphical images or visual representations of image sequences or pictures that show a number of quickly changing images on a screen to create the illusion of motion.

“Video display device” includes a device that is an integral part of the display and cannot easily be removed from the display by the consumer and that produces the moving image on the screen.

A video display device may use a cathode–ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, or other image–projection technology.

Refrigerators;

Stoves;

Washing machines;

Dryers;

Water heaters; and

Air conditioners.

“Yard waste” means organic plant waste derived from gardening, landscaping, and tree trimming activities.

“Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and prunings.

Assist the counties in developing an acceptable recycling plan required under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to the local governments;

Coordinate the efforts of the State to facilitate the implementation of the recycling goals at the county level;

Review all recycling plans submitted as part of a county plan as required under § 9–505 of this title and advise the Secretary on the adequacy of the recycling plan;

Administer the Statewide Electronics Recycling Program under Part IV of this subtitle;

Promote the development of markets for recycled materials and recycled products in the State in accordance with § 9–1702.1 of this subtitle;

Review and approve plans and annual reports, including the paint stewardship assessment, submitted in accordance with a Paint Stewardship Program established under Part V of this subtitle; and

Review and approve, in consultation with the producer responsibility advisory council established under § 9–2503 of this title, producer responsibility plans and annual reports submitted in accordance with Subtitle 25 of this title.

The identification and location of recycling centers, including an analysis of existing recycling centers and the need to expand these facilities or construct new recycling centers;

Programs necessary to educate the public on the need to participate in recycling efforts;

The economics and financing of existing and proposed systems of waste disposal and recycling;

State procurement policies for the purchase of recycled materials;

Programs necessary to reduce the amount of solid waste generated for disposal by a State agency or unit;

The liaison role with local governments, the federal government, and the private sector;

The percentage reduction in the amount of solid waste that has been achieved by each county; and

Economically feasible methods for the recycling of scrap automobile tires, batteries, and white goods.

By December 1, 1988, the Office shall, in coordination with the Maryland Environmental Service and the Governor’s Task Force on Solid Waste, make recommendations to the General Assembly for the financing of a comprehensive system of recycling at the State and local level, including funding for recycling centers, recycling equipment, recycling education, and marketing strategies.

After the financing recommendations are made under paragraph (1) of this subsection, each county may submit to the Office and the Governor a detailed request for funds necessary to assist in the development and implementation of a recycling plan under guidelines developed by the Office.

Tire manufacturers;

Tire dealers; and

Tire recyclers.

Identify businesses in the State that use recycled materials, including businesses that reuse, repair, and remanufacture recycled materials;

Identify opportunities for businesses in the State to increase their use of recycled materials;

Provide resources to businesses to match sources of recycled materials with potential users;

Examine businesses that have closed in the State for the potential for reopening to use recycled materials;

Examine opportunities for the co–location of businesses that use, reuse, repair, and remanufacture recycled materials;

Establish and promote the “Maryland is Open for Recycling Business” campaign to attract new businesses to the State; and

Provide advisory and technical services to support the development of markets for recycled materials and recycled products in the State.

On or before July 30, 2034, and at least once every 10 years thereafter, the Office shall hire an independent consultant to conduct a statewide recycling needs assessment to inform the provision of recycling services in the State including implementation of Subtitle 25 of this title.

The needs assessment shall include:

The assessment required under Chapter 465 of the Acts of the General Assembly of 2023; and

Each subsequent assessment required under this section.

Methods to meet the solid waste stream reduction;

The feasibility of source separation of the solid waste stream generated within the county;

The recyclable materials to be separated;

The strategy for the collection, processing, marketing, and disposition of recyclable materials, including the cost–effective use of recycling centers;

Methods of financing the recycling efforts proposed by the county;

Methods for the separate collection and composting of yard waste;

The feasibility of a system for the composting of mixed solid wastes;

The feasibility of a system for the collection and recycling of white goods;

The separate collection of other recyclable materials;

The strategy for the collection, processing, marketing, and disposition of recyclable materials from county public schools;

The strategy for the collection and recycling of fluorescent and compact fluorescent lights that contain mercury;

The collection and recycling of recyclable materials from residents of apartment buildings and condominiums that contain 10 or more dwelling units by property owners or managers of apartment buildings and councils of unit owners of condominiums;

If applicable, a method for implementing a reporting requirement for recyclable materials generated at apartment buildings and condominiums that contain 10 or more dwelling units;

The collection and recycling of recyclable materials from special events;

The collection and recycling of recyclable materials from buildings that have 150,000 square feet or greater of office space; and

Any other alternative methods of recycling that will attain or exceed the solid waste stream reduction goals determined by the county.

In preparing the recycling plan as required under § 9–505 of this title, the county may address methods for the separate collection and recycling of covered electronic devices, including efforts by the county to establish partnerships with covered electronic device manufacturers, recyclers, retailers, or other local governments for the collection and recycling of covered electronic devices.

If a county elects to address methods for the separate collection and recycling of covered electronic devices in its recycling plan, any reduction in the county’s solid waste stream attributable to the implementation of the methods shall count towards the county’s required reduction through recycling of the solid waste stream under § 9–505 of this title.

October 1, 2010, to address the requirements of subsection (b)(10) of this section;

October 1, 2011, to address the requirements of subsection (b)(11) of this section; and

October 1, 2015, to address the requirements of subsection (b)(14) of this section.

If a county with a population greater than 150,000 determines it cannot achieve a reduction of 35% of its solid waste stream under § 9–505 of this title, the county shall:

The Secretary shall review a county plan that does not meet the 35% recycling goal to determine whether the county’s maximum goal, as stated in the plan, can be demonstrated to have a reasonable basis.

The Secretary shall require revision of a county plan if, pursuant to a review under paragraph (2) of this subsection, the county’s determination of its maximum goal is found to be unsupported by competent, material, and substantial evidence in light of the entire plan as submitted.

If a county with a population less than 150,000 determines it cannot achieve a reduction of 20% of its solid waste stream under § 9–505 of this title, the county shall:

The Secretary shall review a county plan that does not meet the 20% recycling goal to determine whether the county’s maximum goal, as stated in the plan, can be demonstrated to have a reasonable basis.

The Secretary shall require revision of a county plan if, pursuant to a review under paragraph (2) of this subsection, the county’s determination of its maximum goal is found to be unsupported by competent, material, and substantial evidence in light of the entire plan as submitted.

The total amount, by weight, of solid waste collected;

The total amount, by weight, of solid waste disposed of at solid waste acceptance facilities;

The amount and types of materials recycled;

The methods of disposal of solid waste used, other than recycling; and

The percentage reduction in the solid waste stream that has been achieved.

In this section the following words have the meanings indicated.

“Reporting period” means:

Except as provided in subsection (h) of this section, the recycled content percentage requirements for newspapers distributed in the State shall, on a statewide basis, be in accordance with the recycled content percentage requirements specified in subsection (c) of this section for the reporting period.

In the year following any reporting period in which the Secretary determines, based on the reports submitted under subsection (e) of this section, that the recycled content percentage requirements specified in subsection (c) of this section have not been met on a statewide basis, each newspaper shall:

To satisfy the recycled content percentage requirement of this section for a reporting period, at least the percentage specified in paragraph (2) of this subsection, by weight, of the total newsprint used by the publisher during that reporting period for newspapers distributed in the State shall be recycled materials.

The recycled content percentage requirement is:

The newsprint recycling incentive fee for any reporting period is $10 for each ton of a publisher’s recycled content deficiency for the reporting period, as determined under paragraph (2) of this subsection.

A publisher’s recycled content deficiency for a reporting period is the difference between:

A publisher of a newspaper distributed in the State shall complete and file with the Secretary:

Except as provided in paragraph (3) of this subsection, a report required under this subsection shall:

The Secretary may not require the disclosure of the price per ton of newsprint paid by any publisher in any report required under this subsection.

A publisher shall pay any newsprint recycling incentive fee required for a calendar year with the annual report that covers that year.

There is a State Recycling Trust Fund.

The Fund shall consist of:

The Secretary shall administer the Fund.

The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

At the end of each fiscal year, any unspent or unencumbered balance in the Fund that exceeds $2,000,000 shall revert to the General Fund of the State in accordance with § 7–302 of the State Finance and Procurement Article.

In accordance with the State budget, the Fund shall be used only:

On the application of a newspaper publisher, the Secretary may exempt the publisher of all or part of the recycled content percentage requirements of this section for the newspaper publisher under such terms and conditions and for such periods as the Secretary considers appropriate if the Secretary determines, after taking into consideration the publisher’s supply contracts which existed as of March 15, 1990, that:

If the Secretary fails to act on an application for an exemption of all or part of the recycled content percentage requirements made under paragraph (1) of this subsection within 45 days of the filing of the application with the Secretary, the application shall be deemed approved.

The Secretary shall:

Impose on a publisher or distributor of newspapers by law, ordinance, or regulation any recycling content percentage requirements or taxes or charges based on the percent of recycled or virgin fiber contained in a newspaper; or

Require the publisher or distributor of newspapers to collect or dispose of old newspapers in any way not imposed on the nonpublisher businesses in the county or municipality.

A person may operate a natural wood waste recycling facility in this State only in accordance with the provisions of this section.

In addition to the other provisions of this section, after July 1, 1992, a person may not operate a natural wood waste recycling facility in the State without a permit issued by the Department under this section.

A natural wood waste recycling facility may accept only natural wood waste.

A natural wood waste recycling facility shall be operated in a manner that prevents health hazards and minimizes nuisances. Discharges to air or waters of the State shall be limited to discharges allowable under permits governing solid waste disposal, water pollution control, or air pollution control. Dust resulting from the operations shall be controlled at all times.

Adequate personnel and equipment shall be maintained at all times to ensure proper operation and prompt attention to correct problems associated with the construction and maintenance of a natural wood waste recycling facility.

The disposal site shall be under the supervision of a responsible individual present at the disposal site at all times during the operation of a natural wood waste recycling facility.

Access to a natural wood waste recycling facility shall be controlled at all times, and entrances shall be adequately closed when the site is not in operation.

Suitable measures to prevent and to control fires at a natural wood waste recycling facility shall be provided.

A person may not burn wood waste at a natural wood waste recycling facility except as permitted by the Department or, when applicable, by the local governmental authority.

The Secretary may by regulation establish additional conditions under which a person may operate a natural wood waste recycling facility.

On or before July 1, 1992, the Department shall adopt regulations to establish a permit system for natural wood waste recycling facilities.

In this section the following words have the meanings indicated.

“Directory publisher” means a person engaged in publishing telephone directories of any kind as part of its business that:

“Directory stock” means the type of paper that is used chiefly for printing a telephone directory.

“Runable” means the ability of directory stock to run without breaking on a printing press using:

“Telephone directory” means a listing of names, telephone numbers, and addresses produced for distribution in the State to households and businesses.

Except as provided in subsection (f) of this section, the recycled content percentage requirements for telephone directories distributed in the State shall be in accordance with the recycled content percentage requirements specified in subsection (c) of this section for the calendar year.

Each directory publisher shall:

To satisfy the recycled content percentage requirement of this section for a calendar year, at least the percentage specified in paragraph (2) of this subsection, by weight, of the total directory stock used by the publisher during that calendar year for telephone directories distributed in the State shall be recycled materials.

The recycled content percentage requirement is:

The directory recycling incentive fee for any calendar year is $10 for each ton of a publisher’s recycled content deficiency for the year, as determined under paragraph (2) of this subsection.

A publisher’s recycled content deficiency for a calendar year is the difference between:

A publisher of a telephone directory distributed in the State shall complete and file with the Secretary an annual report, on or before January 31 following each calendar year.

Except as provided in paragraph (3) of this subsection, a report required under this subsection shall:

The Secretary may not require the disclosure of the price per ton of directory stock paid by any publisher in any report required under this subsection.

A publisher shall pay any directory recycling incentive fee required for a calendar year with the annual report that covers that year.

Any publisher of telephone directories distributed in the State who fails to submit the report required under this subsection shall be deemed to have failed to meet the percentages established in subsection (c) of this section.

An adequate supply of directory stock containing recycled materials comparable in price and quality to virgin stock; or

Directory stock that is runable.

In this section the following words have the meanings indicated.

“Container” means any rigid plastic container or plastic bottle.

“Label” means a molded, imprinted, or raised symbol located on or near the bottom of a container.

“Plastic bottle” means a plastic container intended for single use that:

“Rigid plastic container” means any formed or molded container, other than a bottle that:

The label required under subsection (b) of this section shall:

The numbering and lettering shall be as follows:

Except as provided in paragraph (4) of this subsection, this section applies only to:

This section does not affect the authority of a county, municipality, or other local government to enact and enforce recycling requirements, including establishing civil penalties, for an apartment building or a condominium that are more stringent than the requirements of this section.

This section does not require a county to manage or enforce the recycling activities of an apartment building or condominium that is located within the boundaries of a municipality.

This section does not apply in Ocean City.

On or before October 1, 2014, each property owner or manager of an apartment building or a council of unit owners of a condominium shall provide for recycling for the residents of the dwelling units, including:

A county may require a property owner or manager of an apartment building or a council of unit owners of a condominium that provides for recycling for the residents of the dwelling units in accordance with paragraph (1) of this subsection to report to the county on recycling activities in a manner determined by the county.

This section applies to any special event that:

This section does not affect the authority of a county, a municipality, or any other local government to enact and enforce recycling requirements, including establishing civil penalties, for a special event that are more stringent than the requirements of this section.

Before issuing a permit for a special event, the State, a county, a municipality, or any other local government shall provide to the organizer of the special event a written statement that describes the requirements and penalties under this section.

In addition to any other conditions required as part of a special events or other permit, the organizer of a special event shall:

A county may require the organizer of a special event that provides for recycling to report to the county on recycling activities in a manner determined by the county.

In this section, “recycling facility” means a facility that provides recycling services.

“Recycling facility” does not include:

Establish conditions under which a recycling facility does not require a refuse disposal permit under Subtitle 2 of this title; and

Exempt certain materials that are managed at a recycling facility from being designated as solid waste.

Design, construction, and operational conditions for recycling facilities to protect public health and the environment and minimize nuisances;

A tiered system of permits or approvals for recycling facilities based on the material managed, the methods of management and storage, and other factors determined by the Department to be appropriate; and

Exceptions to any requirement to obtain a recycling facility permit or approval.

This section;

Any regulation adopted under this section; or

Any order or permit issued under this section.

In this section, “office building” means a building that has 150,000 square feet or greater of office space.

This section does not affect the authority of a county or municipality to:

This section does not require a county to manage or enforce the recycling activities of an office building that is located within the boundaries of a municipality.

Subject to paragraph (2) of this subsection, on or before October 1, 2021, each owner of an office building shall provide:

On agreement between an office building owner and the tenant of the office building, a tenant may carry out the recycling required under this subsection.

A county may require an office building owner or a tenant of an office building that provides for recycling in accordance with this subsection to report to the county on recycling activities in a manner determined by the county.

Truckloads of separately collected yard waste for final disposal unless the owner or operator provides for the organics recycling of the yard waste; or

Loads of separately collected food waste for final disposal unless the owner or operator provides for the organics recycling of the food waste.

Includes:

Does not include:

Generates the food residuals at a location that is within a 30–mile radius of an organics recycling facility that:

Separate the food residuals from other solid waste; and

Ensure that the food residuals are diverted from final disposal in a refuse disposal system by:

A person that generates food residuals may apply to the Department for a waiver from the requirements of subsection (c) of this section.

The Department may grant a waiver under paragraph (1) of this subsection if the person demonstrates, to the satisfaction of the Department, undue hardship because of the following:

The Department shall establish waiver application procedures to carry out this subsection.

The Department shall issue a warning to a person who violates this section or any rule or regulation adopted under this section.

After receiving a warning issued under paragraph (1) of this subsection, a person who subsequently violates this section, or any rule or regulation adopted under this section, shall be subject to a civil penalty, to be collected in a civil action brought by the Department, of:

Each day a violation occurs is a separate violation under this section.

Penalties collected under this subsection shall be distributed to a special fund, to be used only to finance incentives that encourage food waste reduction and composting in the State.

In this section the following words have the meanings indicated.

“Contaminated feedstock” means feedstock that contains more than 2% by dry weight of:

“Type 1 feedstock” means:

“Type 2 feedstock” means:

The Department shall adopt regulations to implement the provisions of this part.

The regulations adopted under paragraph (1) of this subsection may:

The regulations adopted under this subsection shall exempt an operator of an on–farm composting facility from the requirement to obtain a permit under COMAR 26.04.11.06 if the on–farm composting facility:

On or before December 1, 2028, the Department shall submit a report, in accordance with § 2–1257 of the State Government Article, to the General Assembly that analyzes the impact of on–farm composting facilities in Maryland, including:

The covered electronic device is labeled with the name of the manufacturer or the manufacturer’s brand label; and

The manufacturer has registered with and, if applicable, submitted a registration fee to the Department as provided under this part.

The brand names under which the manufacturer sells or offers for sale covered electronic devices in the State;

Whether the manufacturer has implemented a covered electronic device takeback program;

If the manufacturer has implemented a covered electronic device takeback program:

The total number of covered electronic devices sold in the State in the prior year, including:

Any additional information required by the Department in regulation.

Be submitted to the Department by March 1 of each year; and

If the manufacturer has implemented a covered electronic device takeback program, be updated prior to any significant change in the program.

The covered electronic device manufacturer registration fee shall be paid by a manufacturer in accordance with this subsection.

For the initial registration by a manufacturer, the registration fee is:

For each subsequent annual registration by a manufacturer that did not have an implemented covered electronic device takeback program in the prior year, the registration fee is:

For each subsequent annual registration by a manufacturer that had an implemented covered electronic device takeback program in the prior year, the registration fee is $500.

There is no registration fee for a manufacturer that sold less than 100 covered electronic devices in the State in the prior year.

The registration fee required under this subsection shall:

The Department shall:

Within 60 days after receipt of a notice of insufficiency, the manufacturer shall submit a revised registration that addresses the insufficiencies noted by the Department.

With each new covered electronic device sold or offered for sale in the State;

On the manufacturer’s covered electronic device takeback program Web site; or

As information provided through the manufacturer’s covered electronic device takeback program toll–free number.

In addition to any other penalty provided by law, the Department may assess against any retailer that violates § 9–1728.1(b) of this part a fine up to $1,000 for each violation, but not exceeding $10,000 total.

A fine under paragraph (1) of this subsection may be assessed only after the retailer that committed the violation has been issued three warnings regarding the violation.

Each day on which a violation occurs or continues is a separate violation under this subsection.

On or before July 1, 2025, producers of architectural paint sold at retail in the State, or a representative organization acting on a producer’s behalf, shall submit a plan for the establishment of a Paint Stewardship Program to the Department for approval.

The plan shall minimize public sector involvement in, and financial responsibility for, the management of postconsumer paint by:

The plan shall provide for convenient and available statewide collection of postconsumer paint that:

The plan may identify a retailer as a postconsumer paint collection site if:

The plan shall establish:

The total amount of the paint stewardship assessment may not exceed the costs of implementing and sustaining the Paint Stewardship Program.

Paint stewardship assessments may be used only to implement and sustain the Paint Stewardship Program.

A producer or representative organization shall submit a revised plan or amendment to the plan to the Department for approval:

The Department shall review:

The producer or representative organization that submits a plan for approval shall pay a plan review fee to the Department to be deposited in the State Recycling Trust Fund under § 9–1707 of this subtitle that covers the Department’s cost of plan review, including associated costs for Program compliance oversight, as determined by the Department.

If the Department determines that the Paint Stewardship Program plan, including the paint stewardship assessment, complies with the requirements of subsection (a) of this section and that it demonstrates a net benefit compared to the collection programs available to consumers in 2023, the Department shall approve the Program.

The Department shall list on its website the producers and brands implementing or participating in an approved Paint Stewardship Program.

A producer or representative organization shall implement its Paint Stewardship Program plan within 6 months after the plan’s approval by the Department.

Beginning January 1, 2026, or 6 months after plan approval, whichever is later:

Information regarding available end–of–life management options for architectural paint offered through the Program; and

Information that notifies consumers that an assessment to cover the costs of implementing and sustaining the Program is included in the purchase price of all architectural paint sold in the State.

Beginning April 1, 2026, and annually thereafter, the producer or representative organization shall submit a report to the Department that details the Paint Stewardship Program, including:

The producer or representative organization that submits a report required under this section shall pay a report review fee to the Department to be deposited in the State Recycling Trust Fund under § 9–1707 of this subtitle that covers the Department’s cost of report review, including associated costs for Program compliance oversight, as determined by the Department.

The producer or representative organization shall make available to each county the information required under paragraph (1)(iii) of this subsection in a manner that provides a county with sufficient time to include the information in the reports to the Department under § 9–1705 of this subtitle.

The Department shall review the annual report required under subsection (h) of this section and:

If the Department determines that the paint stewardship annual report, including the paint stewardship assessment, complies with the requirements of subsection (a) of this section, the Department shall approve the annual report.

The producer or representative organization shall make the approved annual report available to the public.

Financial, production, or sales data reported to the Department by a producer or the representative organization shall be kept confidential by the Department and may not be subject to public inspection.

The Department may release summary data that does not disclose financial, production, or sales data of a producer, retailer, or representative organization.