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References to 'mandatory curbside recycling' in earlier drafts
now read 'residential curbside recycling'. The 'mandatory'
phraseology has been generally used in various contexts during
the past year as the proposal was being developed.
"That
doesn't mean you won't have to do it," said Paul Wilkinson,
chairman of the Recycling Public Advisory Council. Rather, he
told Delaforum, the change is intended to be "more descriptive of what
[the law] is intended to do."
It was
clear from discussion at a council meeting on Jan. 5 that the
group's emphasis has shifted from coming up with a plan to
divert 30% of material now going from homes into landfills for
re-use to pushing for passage of a law which it believes will
make that happen.
When
combined with diverting an anticipated 50% of recyclable waste
from commercial sources, that would produce a net recycling rate
of 40%. The proposed law would call for reaching that goal
within three years after its enactment.
"How
are we going to sell this package?" Wilkinson asked rhetorically
during the meeting. "It's not easy to sell, but I think we need
to sell it."
"It's
a good package. Sure, there are compromises in there, but it's a
good package," he added.
A
draft of proposed legislation drafted by Michael Parkowski,
lawyer for the Delaware Solid Waste Authority, along with a
report setting out the rationale for it are to be presented to
Governor Ruth Ann Minner on Jan. 14, Wilkinson told the meeting.
The immediate goal is to have her include recycling on the
legislative agenda she will submit to the Assembly in her 'state
of the state' message.
The
governor's office did not respond to a request from Delaforum
for comment.
There
is no assurance, of course, that proposed legislation actually
introduced into the Assembly will be the version that the
council is recommending. As far as can be determined, there are
no sponsors lined up. The council, which was established by
executive order and serves at the pleasure of the governor, is
advisory.
Parkowski told the meeting that he made several minor changes
and a couple of substantive ones to the draft legislation in
response to comments at a previously-reported council meeting in
December and those received from council members after he
distributed a revised version by e.mail during the Christmas-New
Year holiday season. That version was not made available to
other than council members either when it was distributed or at
the Jan. 5 meeting.
Wilkinson told Delaforum that, as a matter of courtesy, only
council members will get to see the final version before it goes
to the governor.
The
final version of its report was adopted by unanimous vote
without discussion at the meeting.
One of
the substantive changes, Parkowski told the council, was adding
a provision to provide a 5% fee to the Department of Natural
Resources & Environmental Control to administer a $5 million
fund the law would establish to provide grants to incorporated
municipalities to help pay capital costs associated with
initiating collection of recyclables.
Council member Pat Todd, of the League of Women Voters, objected
on the grounds that there had been no previous discussion of
that point and that it could make enactment of a law more
difficult. "It's like everybody gets a cut out of this," she
said.
John
Blevins, who represents the department on the council, said the
fee is in line with what his and other state agencies receive to
cover staff time and other overhead related to programs they
administer. The money would be taken from the $5 million grant
fund and would be applied only to grants actually given when
they are given.
Wilkinson said another set of changes was intended to give the
council an oversight role to monitor the effectiveness of the
law and how it is applied. "An independent group has to be the
watchdog. ... We'll [represent] the public looking over what's
happening," he said.
Marlene
Rayner, who attended the meeting as an observer, pledged the
support of the Sierra Club for the proposed legislation and said
other environmental and civic organizations can be recruited to
participate in a lobbying effort. "It's going to take a lot of
us working together," she said.
As far
as the general public is concerned, she added, there will need
to be an extensive educational campaign. The proposed law
provides for such an effort, financed by a surcharge on the fee
collected from all trash transporters.
If a
law is enacted and works as envisioned to achieve, Wilkinson
said, Delaware will have a net recycling rate that would compare
favorably with other states. Referring to year-old data, he said
Oregon has the nation's highest rate, approaching 50%, with
Minnesota and California being the other states with rates
higher than 40%. New Jersey's is 38%, Maryland's is 29% and
Pennsylvania's is 28%, according to Biocycle magazine, which is
considered an authoritative source, he said. The same listing
put Delaware's rate at 20%.
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