(1)(a) The
organization shall develop a minimum recyclable list based on the availability of
recycling services, recycling collection and processing infrastructure, and recycling
end markets for covered materials, as determined by the needs assessment.
(b)The organization shall update the minimum recyclable list, and submit
any updates for inclusion in the annual report pursuant to section 25-17-709 (2)(a),
in response to recycling collection and processing improvements and changes in
recycling end markets. The advisory board shall consult with the organization on
any updates to the minimum recyclable list in accordance with the procedures set
forth in section 25-17-705 (6).
(2)(a) To be eligible for reimbursement for recycling services provided under
the program, service pro
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(1) (a) The
organization shall develop a minimum recyclable list based on the availability of
recycling services, recycling collection and processing infrastructure, and recycling
end markets for covered materials, as determined by the needs assessment.
(b) The organization shall update the minimum recyclable list, and submit
any updates for inclusion in the annual report pursuant to section 25-17-709 (2)(a),
in response to recycling collection and processing improvements and changes in
recycling end markets. The advisory board shall consult with the organization on
any updates to the minimum recyclable list in accordance with the procedures set
forth in section 25-17-705 (6).
(2) (a) To be eligible for reimbursement for recycling services provided under
the program, service providers must provide recycling services for all readily
recyclable materials in a manner that facilitates attaining the rate targets
established in the final plan under section 25-17-705 (4)(p).
(b) The executive director may grant a service provider an exception to the
requirements of subsection (2)(a) of this section if the service provider
demonstrates to the reasonable satisfaction of the executive director that it is not
able to provide recycling services or meet the convenience standards for a readily
recyclable material.
(c) Service providers are eligible for reimbursement from the organization for
the collection of covered materials that are not included in the minimum recyclable
list for the regions where the organization has established a reasonable cost for the
supplemental collection of covered materials that are not readily recyclable and a
responsible end market has been established. The services described in this
subsection (2)(c) are not subject to the convenience standards.
(d) The organization shall reimburse service providers for the recycling
services costs to provide recycling services for all readily recyclable materials and
covered materials that the organization approves pursuant to subsection (2)(c) of
this section.
(e) Notwithstanding any law to the contrary, nothing in this part 7 restricts a
service provider from collecting or processing covered materials that are not
included in the minimum recyclable list.
(3) (a) The organization shall contract with service providers to provide
covered entities with convenient and equitable access to recycling services for all
readily recyclable materials, at no charge to the covered entity, with the goal of
achieving the recycling rate, collection rate, and postconsumer-recycled-content
rate targets established in the final plan under section 25-17-705 (4)(p).
(b) The collection of readily recyclable materials must be provided in a
manner that is as convenient as the collection of solid waste in the geographic area
in which the covered entity is located.
(c) Any covered entities in the state that are receiving recycling services on
December 31, 2022, must continue to receive equivalent recycling services through
the program or a service provider on and after December 31, 2022.
(d) The organization shall not restrict a person's ability to contract directly
with service providers to obtain recycling services for covered materials.
(e) Notwithstanding any law to the contrary, nothing in this part 7 voids or
cancels any contract between a resident and a service provider for the provision of
recycling services that is executed prior to December 31, 2022.