NC Recycling Policy Overview Resource Recycling Conference Carton Council Policy Forum Sept 15, 2014

Scott Mouw Division of Environmental Assistance & Customer Service NC DENR

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Major North Carolina Recycling Policies

• Disposal bans • ABC (bars and restaurants) recycling requirements • Electronics EPR law • Dedicated funding for recycling grants • Robust requirements on siting and permitting of

landfills • Minor legislation on other issues – e.g., fluorescent

lamp recycling requirements for state and local agencies

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Main NC Ban Statute No person shall knowingly dispose of the following solid wastes in landfills: (1) Repealed by Session Laws 1991, c. 375, s. 1. (2) Used oil. (3) Yard trash, except in landfills approved for the disposal of yard trash under rules

adopted by the Commission. Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities.

(4) White goods. (5) Antifreeze (ethylene glycol). (6) Aluminum cans. (7) Whole scrap tires, as provided in G.S. 130A-309.58(b). The prohibition on disposal of

whole scrap tires in landfills applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings.

(8) Lead-acid batteries, as provided in G.S. 130A-309.70. (9) Beverage containers that are required to be recycled under G.S. 18B-1006.1. (10) Motor vehicle oil filters. (11) Recyclable rigid plastic containers that are required to be labeled as provided in

subsection (e) of this section, that have a neck smaller than the body of the container, and that accept a screw top, snap cap, or other closure. The prohibition on disposal of recyclable rigid plastic containers in landfills does not apply to rigid plastic containers that are intended for use in the sale or distribution of motor oil or pesticides.

(12) Wooden pallets, except that wooden pallets may be disposed of in a landfill that is permitted to only accept construction and demolition debris.

(13) Oyster shells. (14) Discarded computer equipment, as defined in G.S. 130A-309.131. (15) Discarded televisions, as defined in G.S. 130A-309.131.

• Key language in NC Disposal Ban Statute:

“The accidental or occasional disposal of small amounts of prohibited solid waste by landfill or incineration shall not be construed as a violation of subsections (f) or (f1) of this section.”

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Which of these things are “waste?”

NC Statutes say: None

Material Banned Effective Date of Ban Estimated Tonnage of Diversion

since Effective Date

Whole Tires October 1, 1989 1,939,339

Used Motor Oil October 1, 1990 61,137

Lead Acid Batteries January 1, 1991 23,979

White Goods January 1, 1991 1,025,786

Yard Trash January 1, 1993 11,020,232

Antifreeze July 1,1994 2,010

Aluminum Cans July 1, 1994 110,081

Oyster Shells January 1, 2007 5051

ABC Permit Holder Glass January 1, 2008 165,000

Used Oil Filters October 1, 2009 666

Rigid Plastic Containers (bottles) October 1, 2009 130,201

Wooden Pallets October 1, 2009 90,893

Computer Equipment July 1, 2011 11,844

Televisions July 1, 2011 17,004

Fluorescent lamps and thermostats July 1, 2011 84

TOTAL TONS: 14,603,306

Retrospective on NC Disposal Bans

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Key mandates in NC since 2005

ABC Law Plastic bottle, wooden pallet, and oil filter disposal bans. Electronics EPR Law

All passed costs of program and infrastructure development

on to the public and private sectors.

All were heavily supported by grant and other funding, technical assistance, training, and outreach

That support was necessary because of anticipated lack of

enforcement.

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Making the Case for 2005 Bans Disposal bans on wooden pallets, oil filters, and plastic

bottles proposed in 2003 Ten Year State Plan

◦ Response to strong market demand and available infrastructure.

◦ Way to close “loophole” on disposed oil, banned in 1990.

Presence of market demand

and infrastructure consistently

presented to Legislature.

Documentation of growth

in direct private sector recycling

jobs and the NC recycling economy.

7,757

11,762 12,776

14,490 15,187 17,002

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

1994 2000 2003 2008 2010 2013

Emp

loye

es

Year

Increases in Programs

and Recovery

$2 Tipping Fee Surcharge

Increased Grant Funding

Growth of Single Stream MRF

Capacity

2005 Disposal Bans

Growth in Plastic and Glass Processing Capacity

Harmonic Convergence

Growth in Independent Hauler Sector

ABC Law

Increased Staffing

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Important Role of Funding

Increase in funding at critical time from $2 state solid waste surcharge.

Strategic use of grant making:

– Grant funds split between

public and private sectors

– Bonus points in traditional

cycles aimed at banned

materials.

– Specialized cycles:

– ABC grants

– Curbside cart grants

$0

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

Convenience

Center Grants

Curbside Cart

Grants

Curbside

Grants

ABC Grants

Community

Recycling

Grants

Recycling

Business

Grants

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Important Role of Training, Outreach, and

Technical Assistance* • Technical Assistance

• Individualized help for communities, generators, haulers, etc.

• Outreach

– Educational materials development

– Press releases and media stories

– Training

– Workshops for local governments

– Consistent sessions at conferences

– Presentations to business groups (e.g., ABC permit-holders)

* Required thousands of state staff FTE hours over multiple years

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Beneficial Effects of NC Policies

Decline in waste disposal encouraged by combination of NC policies, protocols,

grants, etc

Encouraged by plastic bottle disposal ban, disposal tax grant funds, and technical assistance

0

50

100

150

200

250

300

350

FY

19

98

-99

FY

19

99

-00

FY

20

00

-01

FY

20

01-

02

FY

20

02-

03

FY

20

03-

04

FY

20

04

-05

FY

20

05-

06

FY

20

06

-07

FY

20

07-

08

FY

20

08

-09

FY

20

09

-10

FY

20

10-1

1

FY

20

11-1

2

FY

20

12-1

3

Number of Curbside Programs

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Two Views of NC’s Plastic Disposal Bottle Ban

Plastic bottle collection by local programs doubled in four years

-

5,000.00

10,000.00

15,000.00

20,000.00

25,000.00

30,000.00

35,000.00

40,000.00

FY 0

0-01

FY 0

1-02

FY 0

2-03

FY 0

3-04

FY 0

4-05

FY 0

5-06

FY 0

6-07

FY 0

7-08

FY 0

8-09

FY 0

9-10

FY10

-1

1

FY11

-1

2

FY 1

2-13

PET HDPE Other

-

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

FY

05-06

FY

06-07

FY

07-08

FY

08-09

FY

09-10

FY

10-11

FY

11-12

FY

12-13

PET/HDPE Wasting

PET/HDPE Recycling

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Lessons from NC Policy Implementation

Bans are an effective way to declare material to be commodities (and to transition to “materials management”).

Successful bans require both presence and development of infrastructure.

Mandates pass on costs to multiple parties.

An implementation “grace period” can help mandates succeed.

Enforcement a tough issue and bans alone are not a “magic bullet.”

Infrastructure development grants, outreach, and technical assistance are necessary, but cost money.

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Prospects for State Government Agency Leadership on Policy

Development of recycling policy within a state environmental agency faces numerous challenges: ◦ Making the case to internal regulators ◦ Making the case to Dept leadership ◦ Making the case to the Governor’s office ◦ Ensuring resource capacity for administration, enforcement, and

assistance.

Challenges of passing legislation: ◦ Anticipated stakeholder opposition and input ◦ Possible lack of proactive allies ◦ Legislature priorities spread thin and recycling may not be deemed

a necessary issue (not a crisis).

State recycling agencies must pick policy battles carefully and may not pick them at all.

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Thank You!

Scott Mouw NC Division of Environmental Assistance & Customer Service 919-707-8114 scott.mouw@ncdenr.gov