Marjorie J. Clarke

Chair, MCSWAB Waste Prevention Committee

1. Establish new mandated targets and dates for municipal recycling/composting diversion rates applicable to each sector: residential, institutional, commercial. (e.g., 25% by 2002, 35% by 2006, 40% by 2010)
2. Establish the list of recyclable and compostable items that can be counted towards targets, specific to each sector (e.g., categories of papers, plastics, metals, glass, textiles, food, yard etc.)
3. Establish a list of waste items that cannot be counted towards targets (e.g., auto bodies, C&D waste)
4. Establish new mandated targets and dates for municipal waste prevention (solid waste reduction & reuse) (e.g., 5% by 2002, 10% by 2006, 15% by 2010)(Year 2000 should be the baseline year for calculations.)
5. Require that biennial updates and modifications to Municipal Solid Waste Management Plans be written with sufficient measures and milestones such that mandated targets are achieved by the required dates.
6. Require that biennial updates and modifications to Municipal Solid Waste Management Plans be written such that there are municipal solid waste programs, incentives, legislation, and other measures in every year of the entire 10-year planning time frame.
7. Require that biennial updates and modifications to Municipal Solid Waste Management Plans report on the status of every previous Plan milestone, including, but not limited to, copies of research and marketing studies, educational campaign literature and results, waste composition studies and diversion rates.
8. Institute additional penalties (besides non-approval of solid waste facility permits) to municipalities where milestones are not achieved (e.g., ineligibility for solid waste grants, ineligibility for highway funds, fines, etc.)
9. Institute a local fee on wastes disposed at solid waste management facilities (landfills, incinerators, processing facilities, etc...); the lower on the hierarchy, the higher the fee. (Fee to be earmarked for reduction purposes) Fee schedule: $25/ton for landfill or old incinerator, $15/ton for new incinerator, $5/ton for recycling or composting facility.
10. Establish and collect quantity-based packaging fees (QBPFs) or taxes (5 cents per package) be charged all manufacturers, direct marketers, packaging retailers, and distributors who market or package products in excessively sized or of materials that are not recyclable in New York State's recycling program.

• recycled products or packaging,
• products or packaging manufactured from recyclable materials
• products, packaging or equipment that have been remanufactured; or
• products or packaging that facilitate waste prevention, including but not limited to rechargeable batteries.

• such specifications do not exclude, eliminate or otherwise discourage the purchase of the above products, materials and equipment.
• specifications for recycled product, material or equipment must contain post-consumer recycled content in an amount that equals or exceeds the highest amount of post-consumer recycled content, as such standard may be amended from time to time, required by either: (i) the United States environmental protection agency minimum content standards for recycled materials content or (ii) the minimum content standards promulgated pursuant to the New York State environmental conservation law.
• waste prevention measures are considered in specifications for the procurement of products, packaging and equipment; and
• to the maximum extent feasible, products and packaging made from recyclable materials are used and excess packaging is eliminated; and
• performance standards, specifications and a product’s intended use are related and clearly identified, when feasible.

5. Require all state agencies to prepare and submit to the DEC a 5-year plan for incorporating and increasing the level of waste prevention in its procurement practices and in its maintenance and repair of products, and update the plan each fiscal year thereafter.
6. Require all state agencies to prepare and submit to the DEC a waste prevention and recycling procurement report of all such activities in the previous year, and update the plan each fiscal year thereafter.

The waste prevention and recycling procurement report and plan shall include, but not be limited to:

1. a status report on the implementation of the above waste prevention plans
2. a summary of activities undertaken to increase the procurement of recycled products and packaging that facilitates waste prevention;
3. the dollar amount spent on any price preference used for any recycled product purchases
4. the quantities purchased, sources of purchases and the dollar amount spent on durable, reusable, remanufactured and recyclable products and packaging;

1. the net costs associated with the implementation of waste prevention procurement measures.
2. lists of products, materials and equipment procured in the previous fiscal year that: (1) were durable, reusable or remanufactured, including products, (2) formulated to reduce or eliminate packaging; or (3) were formulated to substantially reduce or eliminate toxic materials

• coordinating all environmental programs in the areas of procurement and acquisition, standards and specification review, facilities management, waste prevention and recycling;
• participating in the development and implementation of the waste prevention and recycled product procurement plans for the agency;
• coordinating timely submission of agency reports to DEC on the annual progress of these plans;
• establishing incentives, providing guidance and coordinating appropriate educational programs for agency employees; and
• reviewing agency programs to ensure compliance with this subchapter.

1. Require that building owners, building managers, and maintenance staff be certified in proficiency of handling solid waste in various types of buildings (commercial, residential, high rise, schools, institutions, etc.). (Building staff are already required to be certified in operation of boilers, elevators, etc.)
2. Establish penalties for building owners, etc. that are not certified, as above.

Schools

3. Establish a date by which the Board of Education implements programs to integrate waste prevention into the existing curriculum in grades K-12.
4. Establish a date by which the Board of Education, in consultation with DOS, shall institute a special waste prevention curriculum as part of science instruction in every grade from 4th through 12th to enrich understanding about the lifecycle impacts of lifestyle choices.

Product Labeling

5. Establish a requirement that product manufacturers include product/package ratio (by volume) on the label. Establish penalties for violations.
6. Establish a requirement that product manufacturers label products to indicate average actual (not hypothetical) lifetime (guidelines on how to calculate number of uses to be specified in regulations). Establish penalties for violations.
7. Establish a requirement that product manufacturers label all products for warrantee period and provide information to purchaser on where products can be repaired. Establish penalties for violations.
8. Establish a requirement that product manufacturers include the percentage of the retail cost of each consumer product which accounts for packaging cost on the label. Establish penalties for violations.
9. Establish a requirement that product manufacturers label the composition of packages and products, by weight, of iron, chlorine, fluorine, sulfur, nitrogen, nickel, cadmium, mercury, lead, manganese, chromium, arsenic, titanium, copper, beryllium, cobalt, silver, gold, CFC, radioactive elements, organic solvents, hazardous substances under RCRA subtitle C. Establish penalties for violations.
10. Establish a requirement that product manufacturers label products or packaging with recycled content with the percentages of pre-consumer and post-consumer waste content. Establish penalties for violations.
11. Establish a requirement that product manufacturers label plastic bags and plastic containers to indicate plastic resin (by number and name). Establish penalties for violations.
12. Establish a tax credit for retail stores or store chains that label products or shelves containing

1. Increase appropriations for education (school-based) and outreach (general public) programs and media advertising, both to municipalities and to NGO's.
2. Increase grant funding for development and implementation of innovative education and outreach programs.
3. Increase funding to schools for teacher conferences, books, videos etc so that teachers can receive education about waste prevention.
4. Institute funding for establishment of public repair teaching facilities and development of courses in repair at vocational high schools where, under the direction of teachers, students repair (and sell) appliances, furniture, electronics, and other durables, for fixed, affordable rates, and where citizens may bring repairable durable products for repair or donation.

Lobby, with other states where possible, for improvements to federal legislation in the following areas:

1. Establishment of tax credits to companies that design and market packaging and products with less volume and toxicity
2. Establishment of tax credits to companies that improve the durability of their products.
3. Establishment of additional taxes to companies that create new disposable products or that increase their marketing of disposable products.
4. Establishment of additional taxes to companies that create new products or packaging containing toxic constituents.
5. decline of the reuse industry, education, the dearth of
6. Increased funding for reduced volume/toxicity product and packaging research and development.
7. Increased funding for studies to increase the viability of Quantity-Based User Fees (or Pay as you Throw billing) in urban areas.
8. Abolition of all subsidies for virgin material users (i.e., timber, minerals, and petrochemicals).
9. Establishment of a virgin materials use tax (this would benefit both reduction and recycling efforts of both packaging and products)
10. Establishment of increased postal rates applicable to "junk mail".
11. Requirements that bulk mailers provide toll-free number on each mailing for removal from lists.
12. Establishment of penalties for companies that put misleading labeling on products and packaging (e.g., recyclable symbols where there is no local program for recycling the item, or inaccurate percent of post-consumer content).
13. Establishment of a requirement that companies include recycled content and toxicity information about product and packaging on the packaging.
14. Establishment of a tax credit for companies that increase the length of product warrantees.