§ 27-0717. Bureau of waste reduction and recycling.

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Terms Used In N.Y. Environmental Conservation Law 27-0717

  • secondary materials: shall mean material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies as defined in rules and regulations promulgated by the commissioner of economic development in consultation with the commissioner but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. See N.Y. Environmental Conservation Law 27-0401
  • Solid waste: means all putrescible and non-putrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, except including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form. See N.Y. Environmental Conservation Law 27-0701

1. The commissioner, with the approval of the director of the division of the budget, shall establish within the department a bureau of waste reduction and recycling. Such bureau shall be a separate entity to assist in the development and promotion of local waste reduction, source separation and recycling programs. Such programs shall promote the source separation, collection, intermediate processing and marketing of waste materials that are now being disposed of as municipal solid waste in New York state. The bureau shall:

(a) promote the development and implementation of programs by municipalities;

(b) serve as a clearinghouse for information regarding existing source separation and recycling programs;

(c) identify special needs and problems in developing and implementing source separation and recycling programs, and recommend approaches and solutions to address such identified needs and problems; and

(d) coordinate its activities with other solid waste assistance programs of the department.

2. Pursuant to regulations promulgated in accordance with the state administrative procedure act, the bureau shall establish an official state recycling emblem and conduct a consumer awareness program with respect thereto. Such emblem shall be of a design to include terms or symbols for "New York State", and "recyclable" and/or "recycled" and/or "reuseable". Standards for such terms or symbols shall be developed pursuant to regulations which with respect to (a) "recyclable" shall address material for which technologies or systems for reuse as a secondary material exist; and (b) "recycled" shall address material containing a specified minimum percentage by weight of secondary materials content; and (c) "reusable" shall address ability to be repeatedly returned for refilling or reuse with the original product. Further, such regulations may stipulate prohibitions on the unauthorized use of the state recycling emblem.

3. The bureau shall implement and conduct a program of public education and information to inform the public and private sectors of the state as to the merits of the use of secondary materials and for consumers to actively seek consumer products which contain secondary materials or which are easily recycled or reused. Such program shall communicate the importance of minimizing the need for new solid waste disposal capacity and of conserving natural resources, avoiding harm to the environment or public health, and promoting resource conservation, recovery and reuse by industry, the state of New York, public and quasi-public agencies and authorities, local governments and the general public of the state.

4. The bureau shall be responsible for the administration of the New York state local resource reuse and development program established pursuant to sections 27-0403 and 27-0405 of this article.