In this subtitle the following words have the meanings indicated. “Anaerobic digestion” means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digestate. “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. “Compost” means the product of composting in accordance with the standards established by the Secretary of Agriculture under § 6–221 of the Agriculture Article. “Composting” means the controlled aerobic biological decomposition of organic waste material in accordance with the standards established by the Secretary under this title. “Composting facility” means a facility where composting takes place. “Composting facility” does not include a facility that is required to obtain: A natural wood waste recycling facility permit in accordance with this title; A sewage sludge utilization permit in accordance with this title; or A refuse disposal permit in accordance with this title. “Computer” means a desktop personal computer or laptop computer, including the computer monitor. “Computer” does not include: A personal digital assistant device; or A computer peripheral device, including: A mouse or other similar pointing device; A printer; or A detachable keyboard. “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. “Covered electronic device takeback program” means a program, established by a covered electronic device manufacturer or a group of covered electronic device manufacturers, for the collection and recycling, refurbishing, or reuse of a covered electronic device labeled with the name of the manufacturer or the manufacturer’s brand label, including: 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. “Director” means the Director of the Office of Recycling. “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in the State. “Food residuals” means material derived from the processing or discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy products, and meats. “Manufacturer” means a person that is the brand owner of a covered electronic device sold or offered for sale in the State, by any means, including transactions conducted through sales outlets, catalogs, or the Internet. “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: A nonprofit or governmental organization located in the State; or A single individual or business that provides recycling services for its own employees or for its own recyclable materials generated on its own premises. “Office” means the Office of Recycling within the Department. “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. “Organics recycling facility” means a facility where organics recycling takes place. “Paint stewardship assessment” means the amount added to the purchase price of architectural paint sold in the State that is necessary to cover the Paint Stewardship Program’s cost of collecting, transporting, and processing postconsumer paint statewide. “Postconsumer paint” means architectural paint not used and no longer wanted by a purchaser. “Producer” means a manufacturer of architectural paint that sells, offers for sale, or distributes the paint in the State under the producer’s own name or brand. “Recyclable materials” means those materials that: Would otherwise become solid waste for disposal in a refuse disposal system; and May be collected, separated, composted, or processed and returned to the marketplace in the form of raw materials or products. “Recyclable materials” does not include incinerator ash. “Recycling” means any process in which recyclable materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “Recycling services” means the services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale, or disposition of recyclable materials. “Refuse disposal system” has the meaning stated in § 9–201 of this title. “Representative organization” means a nonprofit organization created by producers to implement a Paint Stewardship Program. “Retailer” means any person that offers architectural paint for sale at retail in the State. “Sale” or “sell” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, the Internet, or any other similar electronic means. “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: Hospital waste; Rubble; Scrap material; Land clearing debris; Sewage sludge; or Waste generated by a single individual or business and disposed of in a facility dedicated solely for that entity’s waste. “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. “White goods” includes: 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.

There is an Office of Recycling created within the Department. The Secretary shall appoint a Director and sufficient staff to perform the functions of the Office. After July 1, 1989, the number of staff shall be as provided in the budget. The Secretary may adopt regulations to carry out the provisions of this subtitle. The Office shall: 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. On or before December 31, 2024, and every 2 years thereafter, the Office shall, in coordination with the Maryland Environmental Service, study and report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on: 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. In studying feasible methods for the management and recycling of used tires under subsection (e)(8) of this section, the Office of Recycling shall consult with the appropriate industry, including representatives of: Tire manufacturers; Tire dealers; and Tire recyclers.

In accordance with subsection (c) of this section and to carry out the requirements of § 9–1702(d)(5) of this subtitle, the Office shall: Evaluate the availability of local, national, and international markets for recycled materials and recycled products; Make recommendations to improve markets for recycled materials and recycled products in the State, including measures for reducing contamination of recyclable materials; Identify the recyclable materials representing the largest portion of the recycling waste stream; and Identify the recyclable materials that are in need of recycling assistance; and Identify the methods for collecting and processing, and marketing opportunities for, recyclable materials that are in need of recycling assistance; 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; Examine existing funding mechanisms for recycling market development; and Determine whether additional funding mechanisms are necessary to expand recycling markets in the State; 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 December 31 each year, beginning in 2022, the annual Maryland solid waste management and diversion report required under § 9–204(n) of this title shall include the activities conducted under this section. The Office shall coordinate activities conducted under this section with the Department of Commerce, the Department of General Services, the Department of Transportation, the Maryland Environmental Service, the Northeast Maryland Waste Disposal Authority, local governments, and private organizations.

In this section, “advisory council” has the meaning stated in § 9–2501 of this title. 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: An analysis of the State’s current solid waste streams, including: Solid waste generated in the State by local jurisdiction, type, and material; Disposal methods by material type and amount; and Associated costs and revenues for solid waste disposal programs; An analysis of the State’s current recycling streams, including: Recyclable materials processed by local jurisdiction, type, and amount; Processing methods by material type and amount; Associated costs and revenues for recycling programs, collection, and tipping fees; An estimate of the amount of recyclable materials that are not currently being recycled; and An estimate of the amount of reusable packaging that is not currently being reused; An evaluation of the current infrastructure and capacity related to, need for, and associated costs of: Recycling access and availability; Collecting and hauling recyclable, reusable, or compostable materials in the State; Processing recyclable or compostable materials in the State; Taking advantage of favorable market conditions or other opportunities for increasing recycling, reuse, or organics recycling in the State; In coordination with local governments, consumer education regarding recycling, organics recycling, reusable packaging, and contamination reduction; Reuse infrastructure; and Organics recycling infrastructure; An evaluation of commingled recycling processing facility worker conditions, wages, and benefits; An evaluation of opportunities in the recycling and reuse system for women and minority individuals; An evaluation of local government requirements related to multifamily and commercial recycling services and their implementation; The sufficiency of recycling and reuse education programs relative to desired equity outcomes; An evaluation of the economic opportunities in the State’s recycling and reuse system, including: State and local revenue that may be considered lost because recyclable materials are not being recycled; Current jobs associated with the solid waste, reuse, and recycling industries; Opportunities to increase employment in the recycling industry by material type; Business opportunities associated with recycling or reusable packaging; Barriers to increasing the use of recyclable materials as feedstock for principal processors and manufacturers and means of eliminating those barriers; and Recommendations for incentives to stimulate job growth and business opportunities in the State’s recycling and reusable packaging industries; Recommendations for improving equity and equitable outcomes for underserved populations in the State’s recycling system; An analysis of the costs and benefits of implementing an extended producer responsibility program, including to: Local governments; Waste producers; Residents; and Waste management companies; An analysis of the potential environmental impact of an extended producer responsibility program, including through: Increased recycling; Resource recovery; Waste reduction; and Reduced environmental damage; and Recommendations on the best practices to follow from successful extended producer responsibility programs in other states and countries. The Office shall report on the results of each assessment conducted under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. In conducting an assessment required under this section, the independent consultant shall consult with producer responsibility organizations, the producer responsibility advisory council established under § 9–2503 of this title, appropriate local governmental entities, and regional solid waste organizations in the State. The Office shall establish and collect a fee to be paid by producer responsibility organizations to cover the costs associated with conducting: The assessment required under Chapter 465 of the Acts of the General Assembly of 2023; and Each subsequent assessment required under this section.

Each county shall submit a recycling plan to the Secretary for approval when the county submits its county plan to the Secretary in accordance with the provisions of § 9–505 of this title. In preparing the recycling plan as required in § 9–505 of this title, the county shall address: 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. In preparing a recycling plan, a county may not calculate a tax or mandatory deposit on any beverage container that is enacted by a county or municipality to achieve the recycling goals required under § 9–505 of this title. For the purpose of determining weight, the Department may not preclude the use of portable weigh scales. A county shall revise its recycling plan by: 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: Conduct a public hearing on the proposed reduction that may be conducted jointly with other public hearings or meetings; and Publish notice of the time and place of the public hearing, together with a summary of the justification for the proposed reduction, in a newspaper of general circulation in the county once a week for 2 consecutive weeks before the hearing in the county. 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: Conduct a public hearing on the proposed reduction that may be conducted jointly with other public hearings or meetings; and Publish notice of the time and place of the public hearing, together with a summary of the justification for the proposed reduction in a newspaper of general circulation in the county once a week for 2 consecutive weeks before the hearing in the county. 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. Subject to subparagraph (ii) of this paragraph, when calculating a county’s recycling rate for the purposes of this subsection, a county with a population of less than 100,000 may combine its recycling rate with the recycling rates of one or more adjacent counties. A county may not use the recycling rate calculation in this paragraph for more than 5 consecutive years. Subject to subparagraph (iv) of this paragraph, each county that elects to use the recycling rate calculation in this paragraph shall submit a letter of concurrence from the highest elected official of the county to the Secretary: That states the county’s agreement to combine its recycling rate calculation with the recycling rate calculation of an adjacent county; and At the same time the annual report required under § 9–1705(b) of this subtitle is submitted. The annual report required under § 9–1705(b) of this subtitle shall be submitted as one report for the counties that elect to use the recycling rate calculation under this paragraph. The Secretary shall calculate one recycling rate for the counties that elect to use the recycling rate calculation in accordance with this paragraph.

Beginning on July 1, 1990, and biannually thereafter, each county which has not achieved the percentage of reduction in its solid waste stream required by this article shall, as a part of its solid waste plan update, provide a report to the Department which shall include: 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. A county that has achieved the percentage of solid waste stream reduction required by this article shall provide the report described in subsection (a) of this section to the Department annually, on a calendar year basis. All reports shall be provided within 90 days after the close of the annual or biannual reporting period.

The Office of Recycling, in cooperation with the Department of General Services and other State agencies, shall develop a recycling plan that reduces by recycling the amount of the solid waste stream generated for disposal by the State government by at least 30% or to an amount that is determined practical and economically feasible, but in no case may the amount to be recycled be less than 15%. A recycling plan under subsection (a) of this section shall include a system for recycling aluminum, glass, paper, and plastic generated for disposal by the State government, including the placement of collection bins in State–owned or State–operated office buildings in locations in the State where it is determined to be practical and economically feasible. By July 1, 2014, each State agency and unit of State government shall implement the recycling plan required under this section.

There is a voluntary statewide waste diversion goal of 60% by the year 2020. There is a voluntary statewide recycling goal of 55% by the year 2020. The goals in subsections (a) and (b) of this section may be accomplished through the cooperative efforts of waste generators, State agencies, local governments, the waste industry, the recycling industry, environmental groups, boards of education, and other interested parties.

In this section the following words have the meanings indicated. “Newsprint” means paper of the type generally used in the publication of newspapers or commercial advertising inserts printed by the publisher that are made primarily from mechanical woodpulps combined with some chemical woodpulp. “Newsprint” includes paper made from old newspapers that have been deinked, using the recycled pulp in lieu of virgin pulp. “Reporting period” means: The calendar year for 2005 and earlier; and The calendar year and the immediately preceding two calendar years for 2006 and all subsequent years. 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: For newspapers distributed in the State, satisfy the recycled content percentage requirement under subsection (c) of this section for the reporting period; or Pay the newsprint recycling incentive fee required under subsection (d) of this section for that reporting period. 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: 12% for 1992; 12% for 1993; 20% for 1994, 1995, 1996, 1997, 1998, and 1999; 25% for 2000; 30% for 2001 and 2002; 35% for 2003 and 2004; and 40% for 2005 and all subsequent reporting periods. 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: The product of multiplying the total tons of newsprint used by the publisher for the reporting period times the required percentage for that reporting period; and The actual tonnage of recycled material contained in the newsprint used by the publisher for the reporting period. A publisher of a newspaper distributed in the State shall complete and file with the Secretary: A quarterly report, on or before the last day of the month that follows each calendar quarter; and 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: Be in the form and manner and contain any information that the Secretary requires by regulation; and State, for the period covered by the report: The total weight of newsprint used by the publisher; and The weight of recycled material contained in that newsprint. 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 newsprint recycling incentive fee; The telephone directory recycling incentive fee collected under § 9–1709 of this subtitle; The covered electronic device manufacturer registration fee collected under § 9–1728 of this subtitle; The Paint Stewardship Program plan and annual report review fees collected under § 9–1733(b) and (h) of this subtitle; Any fees collected from producer responsibility organizations under § 9–1702.2 of this subtitle or Subtitle 25 of this title; All fines and penalties collected under this subtitle and § 9–2512 of this title; Money appropriated in the State budget to the Fund; and Any other money from any other source accepted for the benefit of the Fund. 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: To provide grants to the counties to be used by the counties to develop and implement local recycling plans; To provide grants to counties that have addressed methods for the separate collection and recycling of covered electronic devices in accordance with § 9–1703(c)(1) of this subtitle; To provide grants to municipalities to be used by the municipalities to implement local covered electronic device recycling programs; To cover the costs of the Paint Stewardship Program plan review under § 9–1733(b) of this subtitle, the annual report review under § 9–1733(h) of this subtitle, and associated costs for Program compliance oversight; In accordance with paragraph (7) of this subsection, to cover the costs of a statewide recycling needs assessment conducted under § 9–1702.2 of this subtitle; In accordance with paragraph (7) of this subsection, to cover the costs of producer responsibility plan review, oversight, and enforcement under Subtitle 25 of this title; and To carry out the purposes of the land management administration. There is a separate account within the Fund. The separate account shall consist of: Any fees collected from producer responsibility organizations under § 9–1702.2 of this subtitle or Subtitle 25 of this title; and All fines and penalties collected under § 9–2512 of this title. The separate account shall be used only for the costs of statewide recycling needs assessments conducted under § 9–1702.2 of this subtitle and producer responsibility plan review, oversight, and enforcement under Subtitle 25 of this title. The Treasurer shall invest the money in the Fund in the same manner as other State money may be invested. Any investment earnings of the Fund shall be credited to the General Fund of the State. Repealed. 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: The publisher could not obtain from manufacturers serving the mid–Atlantic region an adequate supply of recycled newsprint comparable in quality to virgin newsprint; and The publisher has made a good faith effort to meet the recycled content percentage requirements. 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: Review the reports filed under subsection (e) of this section; Analyze the availability and utilization of newsprint containing recycled material; Comment on the appropriateness of the recycled content percentage requirements, including whether the requirements encourage manufacturers of virgin newsprint to convert to recycling; Comment on the need for continuation of the provisions of this section and the impact the provisions of this section have on users of old newspapers for purposes other than producing newsprint; Work with municipalities and other collectors of old newspapers to develop a reliable system to provide a stable and quality supply of old newspapers for recycling; Work to encourage the location of production facilities in the region to ensure an increase in the supply of recycled newsprint; and Work to encourage the reuse of old newspapers. A county, municipality, or any agency of a county or municipality may not: 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. The provisions of §§ 9–334 through 9–342 of this title and § 10–104 of this article shall be used and shall apply to enforce violations of this section. A facility required to obtain a permit by the Department under Subtitle 2 of this title is not required to obtain a permit under this section.

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: In the previous calendar year used at least 50 tons of directory stock in telephone directories that were distributed in the State; or Anticipates using, in the current calendar year, at least 50 tons of directory stock in telephone directories that are distributed in the State. “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: Flexography; Letterpress; and Offset printing processes. “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: For telephone directories distributed in the State, satisfy the recycled content percentage under subsection (c) of this section for the calendar year; or Pay the directory recycling incentive fee required under subsection (d) of this section for that calendar year. 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: 12% for 1994; 15% for 1995; 20% for 1996, 1997, 1998, and 1999; 25% for 2000; 30% for 2001 and 2002; 35% for 2003 and 2004; and 40% for 2005 and all subsequent calendar years. 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: The product of multiplying the total tons of directory stock used by the publisher for the year times the required percentage for that year; and The actual tonnage of recycled material contained in the directory stock used by the publisher for the year. 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: Be in the form and manner and contain any information that the Secretary requires by regulation; and State, for the period covered by the report: The total weight of directory stock used by the publisher; and The weight of recycled material contained in that directory stock. 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. On written application of a directory publisher, the Secretary may exempt a directory publisher from compliance with the provisions of this section if the Secretary determines that the directory publisher was unable to obtain: An adequate supply of directory stock containing recycled materials comparable in price and quality to virgin stock; or Directory stock that is runable. Any revenue collected under subsection (d) of this section shall be deposited in the Recycling Trust Fund established under § 9–1707 of this subtitle.

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: Has a neck that is smaller than the container; Accepts a screw-type, snap cap, or other similar closure; and Has a capacity of at least 16 fluid ounces but less than 5 gallons. “Rigid plastic container” means any formed or molded container, other than a bottle that: Is intended for single use; Is predominantly composed of plastic resin; Has a relatively inflexible finite shape or form; and Has a capacity of at least 8 ounces but less than 5 gallons. A person may not distribute for sale in the State any container unless the container is labeled indicating the plastic resin used to produce the container. The label required under subsection (b) of this section shall: Appear on or near the bottom of the container; Be clearly visible; and Consist of: A number placed within 3 arrows forming a triangle as described in paragraph (2) of this subsection; and Letters placed below the triangle of arrows. The 3 arrows shall form an equilateral triangle with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle formed by the 3 arrows curved at their midpoints shall depict a clockwise path around the code number. The numbering and lettering shall be as follows: For polyethylene terepthalate, the letters “PETE” and the number 1; For high density polyethylene, the letters “HDPE” and the number 2; For vinyl, the letter “V” and the number 3; For low density polyethylene, the letters “LDPE” and the number 4; For polypropylene, the letters “PP” and the number 5; For polystyrene, the letters “PS” and the number 6; and For any other plastic resin, the word “Other” and the number 7. Any person who knowingly and willfully distributes for sale a container in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 per violation. The Department shall adopt regulations to administer and enforce the provisions of this section.

Except as provided in paragraph (4) of this subsection, this section applies only to: A property owner or manager of an apartment building that contains 10 or more dwelling units; and A council of unit owners of a condominium that contains 10 or more dwelling units. 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: The collection of recyclable materials from residents of the dwelling units; and The removal for further recycling of recyclable materials collected from residents of the dwelling units. 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. The recycling required under subsection (b) of this section shall be carried out in accordance with the recycling plan required under § 9–1703 of this subtitle for the county in which the apartment building or condominium that contains 10 or more dwelling units is located. A person that violates subsection (b) or (c) of this section is subject to a civil penalty not exceeding $50 for each day on which the violation exists. An enforcement unit, officer, or official of a county, municipality, or other local government may conduct inspections of an apartment building or condominium to enforce subsection (b) of this section. Any penalties collected under subsection (d) of this section shall be paid to the county, municipality, or other local government that brought the enforcement action.

This section applies to any special event that: Includes temporary or periodic use of a public street, publicly owned site or facility, or public park; Serves food or drink; and Is expected to have 200 or more persons in attendance. 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: Provide a recycling receptacle immediately adjacent to each trash receptacle at the special event; Ensure that all recycling receptacles are clearly distinguished from trash receptacles by color or signage; and Ensure that all recyclable materials deposited into recycling receptacles at the special event are collected for recycling. 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. The recycling required under subsection (b) of this section shall be carried out in accordance with the recycling plan required under § 9–1703 of this subtitle for the county in which the special event takes place. A person or an organization that violates subsection (b) or (c) of this section is subject to a civil penalty not exceeding $300 for each day on which the violation exists. An enforcement unit, officer, or official of a county, a municipality, or any other local government may conduct inspections of a special event location to enforce this section. Any penalties collected under subsection (d) of this section shall be paid to the county, municipality, or other local government that brought the enforcement action.

In this section, “recycling facility” means a facility that provides recycling services. “Recycling facility” does not include: A composting facility; A facility that requires a natural wood waste recycling facility permit in accordance with this subtitle; A facility that requires a sewage sludge utilization permit in accordance with Subtitle 2 of this title; or A facility that serves as a drop–off and collection point for residential recyclable materials. The Department shall adopt regulations to: 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. The regulations adopted under subsection (b) of this section may include: 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. Sections 9–334 through 9–342 of this title and § 10–104 of this article apply to violations of: 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: Enact and enforce recycling requirements, including establishing civil penalties, for an office building; or Alter or exempt a person from recycling requirements: Due to special circumstances that are identified by the office building owner in an application to the county or municipality for an alteration or exemption; or In response to changing market conditions that affect the county or municipality. 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: Recycling receptacles for the collection of recyclable materials; and For the removal for further recycling of the following materials, as determined by the county or municipality in which the building is located, deposited into the recycling receptacles: Paper and cardboard; Metal; and Plastic materials. 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. The recycling required under subsection (b) of this section shall be carried out in accordance with the recycling plan required under § 9–1703 of this subtitle for the county in which the office building is located. An enforcement unit, officer, or official of a county or municipality may conduct inspections to enforce this section.

Nothing in this part is intended to regulate or otherwise to interfere with the conduct of a consumer or farmer who composts organic materials generated on a farm or residential site controlled by that consumer or farmer for the production of safe compost to be used by the consumer or farmer for personal, household, family, or agricultural purposes.

The Department shall maintain information on its Web site to educate the public about composting and to promote composting in the State as a part of the Department’s efforts to encourage waste diversion.

Except as provided in subsection (b) of this section, an owner or operator of a refuse disposal system may not accept: 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. Loads of separately collected food waste that are determined by an organics recycling facility to be unacceptable for recycling due to contamination may be accepted by a refuse disposal system for final disposal.

All yard waste collected separately from other solid waste may be transported to an organics recycling facility. The organics recycling facility may be located at a refuse disposal system.

In this section, “person”: Includes: An individual facility owned or operated by a local school system; An individual public primary or secondary school; An individual nonpublic school; A supermarket, convenience store, mini–mart, or similar establishment; A business, school, or institutional cafeteria; and A cafeteria operated by or on behalf of the State or a local government; and Does not include: The aggregate of all school buildings and facilities in a local school system; or A restaurant establishment that: Accommodates the public; and Is equipped with a dining room with facilities for preparing and serving regular meals. This section applies only to a person that: On or after January 1, 2023, generates at least 2 tons of food residuals each week; and On or after January 1, 2024, generates at least 1 ton of food residuals each week; and Generates the food residuals at a location that is within a 30–mile radius of an organics recycling facility that: Has the capacity to accept and process all of the person’s food residuals; Is willing to accept all of the person’s food residuals for recycling; and Is willing to enter into a contract to accept and process the person’s food residuals. Except as provided in subsection (d) of this section, a person that generates food residuals shall: 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: Reducing the amount of food residuals generated by the person; Donating servable food; Managing the food residuals in an organics recycling system installed on–site; Providing for the collection and transportation of the food residuals for agricultural use, including for use as animal feed; Providing for the collection and transportation of the food residuals for processing in an organics recycling facility; or Engaging in any combination of the waste diversion activities listed under items (i) through (v) of this item. 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 cost of diverting food residuals from a refuse disposal system is more than 10% more expensive than the cost of disposing the food residuals at a refuse disposal system; or Other reasonable circumstances. The Department shall establish waiver application procedures to carry out this subsection. On or before December 31 each year, beginning in 2023, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of this section, including the impacts on waste diversion in the State. 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: $250 for the second violation; $500 for the third violation; and $1,000 for the fourth and each subsequent violation. 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. “Active food scrap composting” means source–separated organic material brought onto the farm and commingled material in the process of being composted. “Active food scrap composting” does not include any final soil amendment produced. “Contaminated feedstock” means feedstock that contains more than 2% by dry weight of: Man–made inert material; or Film plastic. “Farm” means the site of a business or activity operated for the primary purpose of tilling, cropping, keeping, pasturing, or producing an agricultural product other than compost, including livestock, poultry, plants, trees, sod, food, feed, or fiber, by in–ground, out–of–ground, container, or other culture. “Farm” does not include the site of a business or activity operated for the primary purpose of producing compost. “Liquid feedstock” means grease, oil, or some other liquid. “Liquid feedstock” does not include food scraps that contain some liquid. “Off–site type 2 feedstock” means type 2 feedstock that is generated off–site. “Off–site type 2 feedstock” does not include: Animal mortalities; or Industrial animal processing residuals. “On–site type 2 feedstock” means type 2 feedstock that is generated on–site. “On–site type 2 feedstock” includes animal mortalities. “Type 1 feedstock” means: Yard waste, as defined in § 9–1701 of this subtitle; and Other materials determined by the Department to pose a low level of risk from hazardous substances, human pathogens, and physical contaminants. “Type 2 feedstock” means: Source–separated organics from residential curbside or drop–off programs and nonresidential sources, including preconsumer and postconsumer food scraps and nonrecyclable paper; and Department–approved animal manure and bedding, with Department approval based on factors such as moisture content and pathogen risk. A person may operate a composting facility in the State only in accordance with this part and any regulation, order, or permit adopted or issued under this part. The Department shall adopt regulations to implement the provisions of this part. The regulations adopted under paragraph (1) of this subsection may: Establish conditions under which a person may construct and operate a composting facility in the State; Establish a tiered system of permits or approvals for composting facilities based on the type of feedstock, size of the facility, and other factors determined by the Department to be appropriate; Establish design and operational conditions for composting facilities to protect public health and the environment and to minimize nuisances; Establish exceptions to any requirement to obtain a composting facility permit or approval; Exempt certain organic materials that are composted from being designated as solid wastes; Require that a new composting facility be constructed and operated in accordance with: Any regulations adopted by the Department; A nutrient management plan, if required under COMAR 15.20.07; and A soil conservation and water quality plan in accordance with COMAR 26.04.11.06 that describes the composting facility components and design, schedule for storage and utilization of the materials, system maintenance, and operational procedures; or An agricultural waste management system plan in accordance with COMAR 26.04.11.06 that describes the composting facility components and design, schedule for storage and utilization of the materials, system maintenance, and operational procedures; and Establish any other provisions the Department deems necessary to implement the provisions of this subtitle related to composting. 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: Uses 10,000 square feet of area or less for active food scrap composting; Composts only one or more of the following: Organic materials generated on–site or at another farm controlled by the same owner or lessee of the farm; Animal manure and bedding, generated on–site; Type 1 feedstock, regardless of the place of generation; Off–site type 2 feedstock that is: Not contaminated or liquid; Immediately mixed with carbonaceous type 1 feedstock; and Incorporated into active composting within 24 hours after arriving on–site; or On–site type 2 feedstock; Records the: Amount and source of off–site type 2 source–separated organics being composted; and Date and time the off–site type 2 source–separated organics arrives on the farm; Retains the records for 5 years; and Provides the records to the Department on request for the purpose of inspection; and Meets any other condition for a permit exemption specified in regulations. 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 amount of food waste diverted from landfills; An estimate of the amount of finished soil amendment produced by on–farm composting facilities operating under this section; Operational challenges experienced by on–farm composting facilities; Violations and enforcement actions that have arisen as a result of the expansion of facilities under this section; and Recommendations on the feasibility of expanding facilities to allow for up to 40,000 square feet to be used for food scrap composting activities.

The provisions of §§ 9–334 through 9–342 of this title shall be used and shall apply to enforce violations of: This part; Any regulation adopted under this part; or Any order or permit issued under this part.

This section applies to a manufacturer that sells or offers for sale a new covered electronic device in the State. A manufacturer may not sell or offer for sale to any person in the State a new covered electronic device unless: 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.

A covered electronic device manufacturer’s registration shall include: 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: A toll–free number or Web site address that provides information about the takeback program, including a detailed description of how a person may return a covered electronic device for recycling, refurbishing, or reuse; and One year after the implementation of the program and each year thereafter, a report on the implementation of the program during the prior year, including: The total weight of the covered electronic devices received by the program from Maryland during the prior year; The total number of covered electronic devices from Maryland recycled, refurbished, and reused during the prior year; and The processes and methods used to recycle, refurbish, or reuse the covered electronic devices received from Maryland; The total number of covered electronic devices sold in the State in the prior year, including: The types of covered electronic devices sold; and The brand names under which the covered electronic devices were sold; and Any additional information required by the Department in regulation. The registration shall: 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: $10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State in the prior year; and $5,000 for a manufacturer that sold at least 100 but not more than 999 covered electronic devices in the State in the prior year. 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: On or after March 1, 2013, and before March 1, 2016, $10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State in the prior year; and On or after March 1, 2016, $5,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State in the prior year; and $5,000 for a manufacturer that sold at least 100 but not more than 999 covered electronic devices in the State in the prior year. 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: Be submitted to the Department by March 1 of each year; and Be paid into the State Recycling Trust Fund. The Department shall: Review the registration submitted under this section; and If the registration does not meet the requirements of this section and the regulations adopted by the Department under this subtitle, notify the manufacturer of the insufficiency. 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. The Department shall maintain a list of registered covered electronic device manufacturers on its Web site. The sales data submitted in accordance with subsection (a)(4) of this section shall be treated as confidential and proprietary, and may not be disclosed except as otherwise required by law.

In this section, “retailer” means any person that sells a covered electronic device to a consumer. If a manufacturer is subject to the requirements of §§ 9–1727 and 9–1728 of this part, a retailer may not sell or offer for sale to any person in the State a new covered electronic device manufactured by the manufacturer, unless the manufacturer has complied with the requirements of §§ 9–1727 and 9–1728 of this part.

A manufacturer that has implemented a covered electronic device takeback program shall include educational and instructional materials relating to the destruction and sanitization of data from a covered electronic device: 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. A manufacturer that is participating in a covered electronic device takeback program established by a group of covered electronic device manufacturers shall be considered as having implemented a covered electronic device takeback program under this part.

The Department may adopt regulations necessary to implement the provisions of this subtitle, including the required components of a covered electronic device takeback program.

The provisions and penalties of § 9–342 of this title shall be used and shall apply to enforce violations of this part. 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: Reducing its generation; Promoting its reuse and recycling; and Negotiating and executing agreements to collect, transport, reuse, recycle, process for resource recovery, and dispose of postconsumer paint. The plan shall provide for convenient and available statewide collection of postconsumer paint that: Provides for collection rates and convenience equal to or greater than the collection programs available to consumers prior to the Paint Stewardship Program; Identifies each producer participating in the Paint Stewardship Program and the brands of architectural paint sold in the State that are covered by the Program; Describes how the Paint Stewardship Program may be implemented in coordination with existing household hazardous waste collection infrastructure in a manner that is mutually agreeable; and Provides geographic modeling to determine the number and distribution of sites for collection of postconsumer paint based on the following criteria: At least 90% of the residents of the State shall have a collection site within a 15–mile radius; and Unless otherwise approved by the Department, one additional collection site shall be established for every 50,000 residents. The plan may identify a retailer as a postconsumer paint collection site if: The retailer volunteers to act as a postconsumer paint collection site; The retailer is in compliance with all applicable laws and regulations; and The site location of the retailer is consistent with maintaining a cost–effective network of postconsumer paint collection locations. The plan shall establish: A uniform paint stewardship assessment for all architectural paint sold in the State; and A mechanism for paint producers participating in a Paint Stewardship Program to remit to the representative organization payment of the paint stewardship assessment for each container of architectural paint sold in the State. The total amount of the paint stewardship assessment may not exceed the costs of implementing and sustaining the Paint Stewardship Program. The paint stewardship assessment shall be evaluated by an independent financial auditor, as designated by the Department, to ensure the costs of implementing and sustaining the Paint Stewardship Program are covered but not exceeded. The cost of any work performed by an independent financial auditor shall be funded by the 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: Every 5 years, on request of the Department; or When the Department requires a change to the amount of the paint stewardship assessment. The Department shall review: The Paint Stewardship Program plan required under subsection (a) of this section; and The work product of the independent financial auditor designated by the Department to evaluate paint stewardship assessments. 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: A producer or retailer may not sell or offer for sale a brand of architectural paint to any person in the State, unless the producer of the brand or a representative organization of which the producer is a member is implementing an approved Paint Stewardship Program; A producer shall add the paint stewardship assessment established under an approved Paint Stewardship Program to the cost of all architectural paint sold to retailers and distributed in the State; and Each retailer or distributor shall add a paint stewardship assessment to the purchase price of all architectural paint sold in the State. A producer or representative organization participating in an approved Paint Stewardship Program shall provide consumers with educational materials regarding the Program that include: 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. Following the implementation of the Paint Stewardship Program, a retailer complies with the requirements of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer of the paint brand is listed on the Department’s website as implementing or participating in an approved Paint Stewardship Program. A postconsumer paint collection site that is identified in the plan may not charge an additional fee for the disposal of paint when it is offered for disposal. A producer or representative organization that organizes the collection, transport, and processing of postconsumer paint in accordance with an approved Paint Stewardship Program shall be immune from liability for any claim of a violation of antitrust, restraint of trade, or unfair trade practice arising from conduct undertaken in accordance with the Program. 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: A description of the methods used to collect, transport, and process postconsumer paint in the State; The volume of postconsumer paint collected in each county in the State; The volume and type of postconsumer paint collected in the State by method of disposition, including reuse, recycling, and other methods of processing or disposal, that includes an accounting of the volume of postconsumer paint collected in the State for each county in the State; The total cost of implementing and sustaining the Program, as determined by the independent financial audit funded by the paint stewardship assessment; The total fees collected in each county in the State, as determined by the independent financial audit funded by the paint stewardship assessment; and Samples of educational materials used to inform consumers of architectural paint. 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: Evaluate the total costs of the Paint Stewardship Program, including all expenses and revenues, to determine whether the paint stewardship assessment meets or exceeds the costs of the Program in accordance with subsection (a)(6) of this section; and Determine whether the plan is being implemented in accordance with subsection (a) of this section. 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.

The provisions of § 9–342 of this title apply to enforce violations of this part. The Department shall deposit any penalty collected under this section into the State Recycling Trust Fund established under § 9–1707 of this subtitle.