Low Recycling Rates

Planning Unit with Low (< 15% or  <25%) Recycling Rates

The Virginia Code, at § 10.1-1411 requires, in part:

Each solid waste planning unit shall maintain a minimum recycling rate for municipal solid waste generated within the solid waste planning unit pursuant to  ... [either a 15 % or 25 % rate as specified in the law].

Nevertheless, many local governments or solid waste planning regions may not currently meet the recycling rate as calculated under the Statute. The department can approve the Solid Waste Management Plans of such localities or regions only if: (1) all other requirements of the Regulations are met; and (2) the locality or region demonstrates its commitment to implementing a strong and detailed recycling action plan to meet or exceed the minimum recycling rate.

In order to meet these standards, the recycling action plan should have details of the steps to be taken to meet or exceed the mandatory recycling rate.

1. If phasing is required, the plan should set out the timing for implementing each element of the recycling action plan. It is understood that most elements would begin shortly after the adoption of the plan.
2. The recycling action plan should be approved by the local governing authority and submitted as part of the Plan;
3. The locality should commit to implementing the recycling action plan (funding and resources);
4. The locality should provide a projection, using the calculations methods provided in the Regulations (9 VAC 20-130-120 C), that the recycling action plan will enable it to meet the recycling rate in two years or less. This projection can be submitted as part of the overall Solid Waste Management Plan; and
5. The locality or region should progress reports on the implementation of the recycling action plan every six months.

As with all solid waste management plans, the Director may revoke the approval of a plan "if there is evidence that there has been a significant deviation from the plan." (9 VAC 20-130-120 F). A significant deviation would include the failure to implement the recycling action plan.

Approval of the Plan in this fashion would allow landfills in the locality or region to satisfy the permitting requirements regarding consistency with a Solid Waste Management Plan, Va. Code §§ 10.1-1408.1 D 1 (vi) and 10.1-1411.

Note that the Code and the Regulations also provide for variances or exemptions from the minimum recycling rates when market conditions beyond the control of a county, city, town, or region make the mandatory rate unreasonable. Va. Code § 10.1-1411; 9 VAC 20-130-230. To grant a variance, the Director must determine both that market conditions make the mandatory recycling rates unreasonable, and that the market conditions are beyond the control of the locality or region.