State
|
Mandate/Goal
|
Mandate?
|
Penalty
|
|
Alabama
|
1989 law, Act No. 89-824, established a 25% waste reduction and recycling goal; No due date for goal; no formal requirements for localities to report recycling information to state, statistics on recycling unavailable, but there has been a dramatic increase in curbside and drop off center recycling. 1990 law, Act No, 90-564 requires all state agencies, schools (K-12), and public colleges and universities to implement recycling programs. |
No |
No |
Alaska
|
No laws imposing statewide recycling mandates/goals exist, only declaration from the governor encouraging recycling. This is mainly due to transportation logistics and the lack of infrastructure in many smaller communities and villages. In 2000, the Assembly adopted for Anchorage municipalities the following goals: 30% of population to recycle (21% currently recycle but is not mandated); 1% of tipping fees go towards funding recycling. |
No |
No |
Arizona
|
Title 49 contains recycling statutes; state has no established recycling goals; state monitors municipalities and counties and is responsible for engaging them in recycling and waste reduction. |
No |
No |
Arkansas
|
1991 law, Act 749, established recycling goals of 30% by 1995 and 40% by 2000; state met the 1995 goal and exceeded the 2000, 40% goal. The 1999 recycling rate was 44%. Act 94 of 2001 amended Arkansas code 8-9-101 to establish recycling goals of 40% by 2010. The 2002 recycling rate was 34%. |
No |
No |
California
|
The Integrated Waste Management Act of 1989, AB 939, requires local governments to prepare plans and implement programs to achieve 50% waste reduction by the year 2000. AB 2494, passed in 1992, refined and standardized methodologies to measure and report waste disposal reduction via a jurisdiction's Annual Report. AB 75, passed in 1999, requires state agencies to meet a waste diversion goal of 50% by 2004 and to document efforts in meeting these goals. In 2001, the state's Integrated Waste Management Board established as one of seven strategic goals, the promotion of a "zero-waste" California. State agencies must meet recycled content procurement goals in 12 product categories with varying minimum content levels specified. |
Yes |
Yes |
Colorado
|
No recycling laws, however governor issued a challenge for citizens to divert 50% of the waste by 2000. 1991 law, HB 1245, created an incentive for companies to recycle, giving them tax credits for equipment necessary for recycled materials. 1992 law, HB 1318, created a recycling processing/manufacturing loan and market development program. |
No |
No |
Connecticut
|
1987 law, PA 87-544, set 25% recycling goal by 1991. 1993 law, PA 93-423, raised goal to 40% recycling/source reduction in 2000. Current 2001-2002 recycling/source reduction rate was 26.4%. |
Yes |
Yes |
Delaware
|
Executive Order No. 82, issued in 2000, established a state goal of 30% diversion of recyclables from the residential solid waste stream. There is no target date. The Executive Order also creating a Recycling Public Advisory Council to advise the state on all aspects of recycling. The state also has a recycled product procurement law: for those products for which EPA has established Comprehensive Procurement Guidelines, Delaware agencies are to purchase the products with post-consumer recycled content meeting or exceeding the guidelines when it is technically and economically feasible to do so. |
No |
No |
Florida
|
1988 law sets county recycling goals of 30% of all solid waste and 50% of each of five material groups (glass, newspaper, aluminum, steel, and plastic) by 1994. In 2002, the statute was amended to read a "significant portion of at least four of the following materials from the solid waste stream prior to final disposal at a solid waste disposal facilty and to offer these materials for recycling: newspaper, aluminum cans, steel cans, glass, plastic bottles, cardboard, office paper and yard trash." Counties with populations less than 50,000 are excluded from these requirements provided that they offer the opportunity to recycle. In 2002, the Legislature changed the statute to exclude counties with populations less than 100,000. Most counties met the 30% goal, however, no county met the 50% goal in ALL given material groups. In 1998, the State changed the way construction and demolition was reported. Since that time, with the decrease in the amount of construction and demolition debris allowed to count toward the recycling goal and the increase of tons disposed, only about one-third of the counties met the 30% goal in 2003. There are penalties for large counties that do not meet the 30% goal. In 1997, a bill passed awarding a $1.7 million for innovative grants. Counties compete for the grants by responding to FDEP criteria. As of spring 2004, $9.8 million has been awarded for innovative grant projects. |
Yes |
Yes
(cut off grant money and refuse permits) |
Georgia
|
1990 law, SB533 requires 25% recycling goal by July 1, 1996 per capita; 1993 law, HB257, updates the law requiring the state to reduce the amount of waste received by 25% by 1996. State did not meet 25% recycling goal, fell short at approximately 21%. State did not meet waste reduction goal. Recycling rate in 1995 was 33%. |
No |
No |
Hawaii
|
Chapter 34G of the Hawaii Revised Statutes sets a 25% waste reduction goal before 1995 (state did not reach that goal). A 50% goal by 2000 was set that will likely be extended to 2005; state did not meet the 2000 goal and no penalty was, or could be imposed. 1999 recycling rate was 24%. |
No |
No |
Idaho
|
No law, however there is a non-binding resolution that was passed encouraging state achievement of 25% waste reduction goal. Legislation has given a 5% purchasing preference to those items meeting recycled content standards. |
No |
No |
Illinois
|
State procurement code mandates that, whenever it is economically and practically feasible, 40% of the dollar amount of paper purchased by the state be recycled. The aggregate rate increases to 50% by July 1, 2000. For high grade printing and writing paper to qualify as recycled, it must contain at least 50% recovered material, 30% of which must be postconsumer waste. Beginning July 1, 1998, the postconsumer content requirement increases to 40% and again to 50% by July 1, 2000. |
No |
No
(except for newsprint) |
Indiana
|
Goal to reduce waste 35% by January 1, 1996; 50% by 2001; counties must make 20 year plans; state did not meet the 1996 or 2001 goals. The 2002 waste diversion rate was 40%. |
No |
No |
Iowa
|
1988 law established 25% waste reduction goal by July 1, 1994 and 50% by July 1, 2000; 25 of 45 planning areas have met the 25% reduction goal and 5 of the 45 have reached the 50% reduction goal. Landfills are required to collect a fee on each ton of non-exempt disposed waste based on their planning area's diversion goal. Planning areas under the 25% diversion goal must collect $4.75 per ton and retain $1.45 to be used locally and remit $3.30 to the state. Planning areas over the 25% and under the 50% diversion goal must collect $3.65 per ton and retain $1.45 to be used locally and remit $2.20 back to the state. Planning areas over the 50% diversion goal must collect $3.25 per ton and retain $1.95 locally and remit $1.30 back to the state. Waste management assistance programs and environmental protection programs involving waste are financed through the portion of the fee remitted to the state. |
No |
No
(bottle bill) |
Kansas
|
There are no specific statewide recycling or waste reduction goals. A 1990 law requires all counties or groups of counties to submit solid waste management plans to the Department of Health and Environment, Bureau of Waste Management. These plans must address waste reduction efforts and each planning entity must submit annual solid waste management plan updates. Some counties have numerical goals or directions to increase participation in their programs, while others have little required. A state grant program provides $1 million a year to cities, counties and the private sector for recycling, composting, waste reduction and public education projects. The Kansas recycling rate for municipal solid waste in 2002 was approximately 18%. |
No |
No |
Kentucky
|
1991 bill, SB2, set a policy to reduce waste and set a goal of 25% by 1997. The state did not meet the 1997 goal. 2002 bill, HB 174, amended parts of the waste reduction policy, but failed to set a new goal. Counties are required to provide access to recycling for their residents. Each county sets its own waste reduction goal and finds ways to finance its own programs. Kentucky's recycling rate in 2003 for household (post consumer) material is about 11%. |
No |
No |
Louisiana
|
9 law set goal of reducing waste landfilled by 25%; state has not met this goal. Recycling rates averaged approximately 15-17% in 2000. |
No |
Yes
(no more than 20 cents per ton) |
Maine
|
1989 law established a 50% recycling goal for Maine municipalities. The 50% goal 'date' has been extended twice and now is 'by 2003.' The statewide recycling rate is calculated every two years, using municipal solid waste program management data from both the public and private sectors. The state's definition of municipal solid waste includes construction and demolition waste, unlike the EPA's definition of municipal solid waste. Maine's statewide recycling rate in 2001 was 37.3%. However, if the EPA definition was used, the statewide recycling rate was 42.6%. Assistance to Maine communities, who are responsible for management of solid waste, is provided through the state's Planning Office, Waste Management & Recycling Program. |
No |
No |
Maryland
|
1988 law set 20% waste reduction goal by January 1, 1994; 15% for smaller counties; all counties in the state met 1994 goals. In 1999, 36% rate was reached and goal was increased to 40%. |
Yes |
No |
Massachusetts
|
In its Beyond 2000 Solid Waste Master Plan, Massachusetts adopted a 70% waste reduction goal by 2010. This goal includes source reduction, recycling, composting and other diversion of both municipal solid waste and non-municipal solid waste (primarily construction and demolition debris). The 2001 waste reduction rate is 57%, up from 51% in 1999. Nearly 90% of the population has the ability to participate in a comprehensive program. The Beyond 2000 Solid Waste Master Plan includes an increased emphasis on source reduction and product stewardship, a goal to substantially reduce the use and toxicity of hazardous products and provide for statewide collection access and more stringent regulations to ensure that waste that is not diverted is safely disposed. |
No |
No |
Michigan
|
1988 policy encourages by 2005: waste reduction by 8-12%, reuse rate of 4-6%, composting rate of 8-12%, recycling rate of 20-30%, waste-to-energy goal for incineration of 35-45%, and landfill rate of 10-20%. |
No |
No |
Minnesota
|
1989 law set a 35% recycling goal by December 31, 1996, for the Greater Minnesota (outside the 7-county metro area of Minneapolis and St. Paul) area and a 50% recycling goal for the metro area. Source separation plans are required for each SWM district. All counties must provide the opportunity to recycle to residents, which means they must have one recycling center available that collects four broad types of materials. The county must also have curbside pickup (in cities with a population of 5,000 or more) and collection centers that are convenient for people to use. 40% of waste was recycled in 1998 (46% with waste reduction and yard waste credits). For 2002, the state recycling rate was 39% (47% with waste reduction and yard waste credits). Individual counties have set their own goals in the planning process. |
No |
Yes |
Mississippi
|
1991 law, SN2984, creates authorities - nonhazardous waste fee collection, 25% recycling goal by 1996, department must submit report to legislature by July 1, 1996, detailing the current recycling rate and why the goal was not attained. State has not met the original goal – the 2000 rate of recycling averaged 11-12% statewide. The 2003 recycling rate was approximately 14%. There are no penalties for not meeting the goal; recycling is not mandatory. |
No |
No |
Missouri
|
1990 law, SB530, established a 40% waste diversion goal by 1998. State increased the percent of solid waste recovered from 10% in 1990 to 26% in 1995 to 33% in 1996. In 2001, the diversion rate reached 41% and in 2002 the diversion rate was 43%. Diversion includes waste reduction, recycling and composting. Goal still stands at 40% for the state. There is no mandate to meet this goal and no penalties for non-achievement. The goal has been met and surpassed. The Department of Natural Resources is continuing to make efforts to increase the diversion rate for the state of Missouri. |
No |
No |
Montana
|
1991 law establishes a 25% recycling goal by December 31, 1996. There are no reporting requirements, hence there are no estimations on recycling rates. A proposed rewrite of the Integrated Waste Management Act hopes to provide more accurate data on the states recycling rate. |
No |
No |
Nebraska
|
1992 law, LB1257, sets 25% waste reduction goal by 1996, 40% by 1999, 50% by 2002. State met 1996 goal. Some counties probably met 40% goal in 1999, but most probably did not. The goals are not mandated, and there are no waste reduction tracking or reporting requirements. |
No |
No |
Nevada
|
1991 law, AB320, set a 25% recycling goal by 1995. The state did not meet the 1995 recycling goal but no penalties were imposed. Tire fee to fund solid waste regulation, including recycling coordination; counties must submit plans. 1995 law weakened the recycling requirement -- municipalities and counties over 100,000, as opposed to 40,000 are required to provide curbside recycling. Statutes have been amended (for 2000 on) to include public buildings in recycling programs. The state's municipal solid waste recycling rate was 14% in 2000 and 16% in 2002. |
No |
No |
New Hampshire
|
The Legislature set a 40% waste reduction goal for 2000, and has yet to take any specific action to update this goal. The state had a 27% recycling rate in 2002. |
No |
No |
New Jersey
|
1992 revisions to the recycling goals in the Recycling Act established a 50% municipal solid waste recycling goal by December 31, 1995; and a 60% total recycling goal by December 31, 1996. State failed to meet the municipal solid waste-recycling goal of 50% in 1995. State did meet overall recycling goal, with a recycling rate of 61% in 1996. |
Yes |
No |
New Mexico
|
1990 law, SB2, sets 25% waste diversion goal by 1995 and 50% goal by 2000; mandates solid waste program by 1993; requires procurement of recycled products; state did not meet 1995 goal; in 1994, state at 12%; no penalties imposed. |
No |
No |
New York
|
1987 Solid Waste Management Plan established a 50% waste reduction/recycling goal by 1997; not mandatory. 50% recycling goal is broken down into two categories: 8-10% waste reduction goal and 40-42% recycling goal. The state has met these goals with a recycling rate of 42% in 1997 and 1998. Executive Order No. 142, issued in 1992, requires state agencies and public authorities to engage in certain recycling and waste reduction practices. |
No |
Yes |
North Carolina
|
1989 Solid Waste Management Act established a 25% waste reduction goal by June 30, 1993. State did not meet the 1993 goal. 1991 amendment added a 40% waste reduction goal by June 30, 2001. The statewide goal was not met, although several counties achieved the state's waste reduction goal. By June 1, 2001, each local government must have submitted a plan that includes a goal for the reduction of municipal solid waste and a further goal of continued reduction by 2006. 2002-2003 recovery rates for different programs include 38% for curbside, 44% drop-off, 1% mixed-waste, and 17% for other programs. |
Yes |
No |
North Dakota
|
1991 law established a 10% waste diversion goal by June 30, 1995; 20% waste reduction goal by June 30, 1997; 40% waste reduction goal by June 30, 2000. State met 1995 and 1997 goals. 1999 had a 27% recycling/ composting/ diversion rate. |
No |
No |
Ohio
|
The state's 88 counties are organized into 52 solid waste management districts (SWMDs). Each SWMD must prepare a solid waste management plan, approved by the Ohio EPA, demonstrating how it will achieve the state's mandated recycling goals. A new state solid waste management plan was adopted in 2001, consisting of 8 recycling goals, in which 2 of these goals are considered "main" goals. SWMDs, in their solid waste management plans, have the option of picking whether they want to meet goal 1 or goal 2. They can try to meet both goals, but they are only required to meet one or the other. Goal 1 focuses on providing access to municipal solid waste recycling opportunities, such as drop-offs and crubside programs, to at least 90% of the residential population in each county of the SWMD. Goal 2 states that SWMDs have to reduce and/or recycle 25% of municipal solid waste and 66% of industrial waste. SWMDs have to meet the goals within three years after obtaining approval of their solid waste management plan from the Ohio EPA. Ohio's statewide diversion goal is 50% by 2005. In 2002, the state recycled 44.59% of waste generated (21.48% of municipal solid waste and 63.69% of industrial waste). |
No |
No |
Oklahoma
|
Oklahoma State Recycling and Procurement Act; no mandate, it is voluntary. State government agencies, entities, and schools receiving funding must create a waste reduction program, if it is economically feasible. |
No |
No |
Oregon
|
In 2001, under HB 3744, Oregon's recovery goals were revised to set a 45% recovery goal for 2005 and 50% recovery by 2009. Previously, legislation adopted in 1991 had set a goal of 50% recovery by 2000. In 2002, the statewide recovery rate was 46.6%. Under the 2001 law, each county or "wasteshed" has separate recovery goals for 2005 and 2009. The goals range from a low of 8% in 2005 and 10% in 2009 to a high of 62% in 2005 and 64% in 2009. These goals are required, but if a wasteshed fails to achieve its 2005 or 2009 goal, the only requirement is that the wasteshed must conduct a technical review of existing policies or programs and determine changes needed to meet the recovery goals. |
Yes |
No |
Pennsylvania
|
1988 law, Act 101, required state to recycle 25% of municipal waste by January 1, 1997. 1997 goal was met. No new legislation, but the governor announced a new goal of 35% of municipal waste by 2005. 1998 recycling rates averaged 25.6% for the state. |
No |
Yes
(civil and criminal) |
Rhode Island
|
1989 law established a 70% recycling rate with no deadline for achievement. The 2002 recycling rate was approximately 17% and the diversion rate was 22.5%. Regulations have changed since their inception. The state mandatory list of recyclables was increased in the 1997 municipal recycling revision, commercial recycling regulations were revised in 1996. Composting regulations require composting facilities to register with the state and submit background information and operating plans. |
Yes (for mandatory recyclables outlined in regulations) |
Yes (administrative penalties) |
South Carolina
|
1991 law, SB366 set a 30% waste reduction goal and a 25% recycling goal by 1997. Recycling goal was met but waste reduction was not. In 1999, Bill 3927 increased the state recycle goal of municipal solid waste to 35% and a waste reduction goal of 3.5 pounds per person per day by June 30, 2005. So far, neither of these goals have been met. In FY 2002, South Carolina recycled 28.7% of its municipal solid waste and generated 4.2 pounds per person per day. |
No |
No |
South Dakota
|
South Dakota codified law 34A-6-60 sets a recycling goal rate of 50% by July 1, 2001. The recycling rate for 1997 was 42%. October of 1999 reports a source reduction rate of 43%. The recycling rate for 2001 was 37%. Certain items such as yard waste, lead acid batteries, appliances and waste motor oil are banned from landfills. Waste tires are banned from landfills unless they are quartered or shredded prior to disposal. Any other recycling is up to individual municipalities and is not mandated by the state. |
No |
No |
Tennessee
|
The state's solid waste management act mandates a 25% reduction rate of solid waste. Solid waste managment regions are required to submit a plan for management of their solid wastes for 10 years in the future. Each year, the regions are required to submit a progress report on their solid waste plan. The state reviews the plans to determine if progress is being made to meet the state's 25% diversion goal. The state showed a 20.3% per capita waste reduction in 2002, as compared to the 1995 base year. |
No |
No |
Texas
|
1991 law, SB1340, sets a 40% recycling goal of solid waste by 1994; 1993 legislation, SB1051, amended it to become a waste reduction goal; state did not meet the 1994 goal and no penalty was imposed. 1997 survey estimated a 35% recycling rate (including scrap steel and concrete). |
No |
No |
Utah
|
No recycling laws/goals. |
No |
No |
Vermont
|
40% waste reduction goal after 2000. State expects to meet the 40% goal. 1998 recycling rate was 36%. State Solid Waste Management Plan sets a diversion goal of 50% by 2005. There is no mandate for recycling or diversion, and no penalties. |
No |
No |
Virginia
|
1995 law requires localities to maintain a 25% recycling rate and to have a solid waste management plan that specifies methods for maintaining the required 25% recycling rate. Reporting by localities to the Department of Environmental Quality is required annually. 2002 statewide recycling average was 36.75%.
|
Yes (Code of Virginia, Section 10.1.1411)
|
Yes (Possible civil and permit penalties)
|
Washington
|
Mandatory recycling goal of 50% by 1995 was changed to 2007. Loans and grants available to local governments for waste reduction, recycling programs, composting, and education; waste tax funding goals; parks, airports and marinas separate two recycling materials; recycling litter tax now applies to by-products produced by some manufacturers and food processors (1992). Business waste tax on trash sent to landfills. Local governments cannot institute bans, but the ban on bans was lifted in 1993. State did not meet 1995 goal - all funding ended in 1995 but goal still exists (year changed to 2007). The recycling rate for 2002 was 34.8%. |
Yes |
No |
West Virginia
|
1991 law established recycling goals of 20% by 1994; 30% by 2000; 50% by 2010; state did not meet 1994 goal and no penalty was imposed. The average recycling rate was approximately 13% for 1998 and 35% for 2002. |
Mandatory for cities with populations larger than 10,000 and for counties that adopt a mandate provision. |
No |
Wisconsin
|
No recycling goals. However, in 1989, Department of Natural Resources regulation (Chapter NR 544) set a standard for a recyclable collection measured in pounds per person per year. Recyclables include newspaper, magazines, aluminum, steel, bi-metals, tires, plastic and glass containers and foam polystyrene packaging. In rural counties, each person should recycle 82.4 pounds per year. In other counties, 106.6 pounds per year. Due to market fluctuation, an exemption exists for recycling polystyrene. In 2002, the statewide per capita average for recycling of the materials from residential collection programs was 141.57 pounds per person. There is also a ban on oils, batteries, major appliances, and yard waste from landfills. The statewide per capita average for recycling from residential collection programs for all banned materials was 261.33 pounds per person in 2002. The statewide waste diversion rate for all recyclables in 2002 was 40.4% (including recycling in the non-residential sectors). |
No |
No |
Wyoming
|
There is no recycling mandate or requirement for municipalities, only guidelines to help the municipalities set up recycling programs. The average state rate for recycling is listed at between 3 and 5%. There are some municipalities that document upwards of 10% and quite a few that document 0%. This disparity is due to some municipal subsidies and close proximity to a market for recyclable materials resulting in a higher than state average rate, and remote locations with low populations resulting in a lower than state average rate. |
No |
No |
