March/April 1993
An overwhelming desire for change swept the country in November. And change is what we got. Not only was a new administration posted to Washington , but also—and maybe more important—there were major changes at the state and local levels. Voter political restlessness as well as post-census redistricting resulted in the largest turnover in state legislatures since 1982. Wyoming and Alaska experienced the greatest turnover, with 55 percent of their seats going to new legislators Even New Mexico, which showed the most "stability" in preserving seats, experienced a 16-percent turnover.
All in all, more than 2,000 new members were elected to state legislatures around the country. This large body of freshman legislators presents both opportunity and challenge for the scrap recycling industry.
Solid waste and recycling issues continue to be hot topics around the country, as many states struggle to implement ambitious comprehensive solid waste acts, while others still strive to pass such laws, aimed at reducing the amount of municipal solid waste requiring disposal. The scrap recycling industry has an important story to tell these new legislators on this and many other issues, so effectively communicating that story should become one of our top priorities. After all, doing so can not only aid legislators, it could be the key to the industry's survival.
Legislators must face many issues, and they receive information—both accurate and inaccurate—from many sources. For example, consider how often you, as a member of the recycling industry, have read newspaper articles about recycling and found glaring errors. How many times have you seen inefficient, subsidized recycling programs praised in the press, despite the fact that these programs are actually having minimal effect, at unsustainable high costs, on the total amount of solid waste disposed? While the inaccuracies of such reports may seem obvious to you, they may not be to others, and can easily form the basis for legislators' decisions as well as the opinions of their constituents.
Consider the possible impact of a recent story in a magazine aimed at state legislators about a program in California to remove old, heavily polluting automobiles from the road to improve air quality. Not only did the article fail to mention that all the cars collected under this "cash for clunkers" program were recycled—it said they were "bought and destroyed"—but it criticized this type of program for "loading up already overflowing landfills with old cars"!
Or consider another example: A freshman state legislator, eager to introduce "good" legislation in the opening week of a legislative session, introduced a bill banning a certain type of plastic if it did not contain an additive to make the plastic "biodegradable." When a plastic recycler pointed out that such additives might limit the ability to recycle that plastic, the bill was quickly withdrawn. The legislator's explanation for the bill? He had "seen it in a book and thought that it looked good." He genuinely meant well, but had not gotten good information before acting.
In the next few years, we can expect increased state activity on a number of issues relevant to our industry. Besides solid waste and recycling measures, there's likely to be legislation aimed at theft of metals, including "tag and hold" proposals; air quality, including control of chlorofluorocarbon releases; automobile theft prevention; landfill restrictions on recycling residues; state Superfund laws; and "flow control" proposals; as well as issues dealing with aesthetics, such as fencing and screening rules. Often, a basic level of understanding of the scrap recycling industry will help state and local legislators (or their staffs) craft worthwhile legislation. But where will they get that basic understanding?
One source is the Institute of Scrap Recycling Industries (ISRI), which, among other related efforts, distributes Phoenix to a broad audience, including educators and all 7,424 state legislators. But public relations materials and an increased emphasis on state government affairs at the national association level cannot do the job alone. Each of us has a responsibility to help educate and inform new (and old) legislators and their staffs.
Contact your legislators—those that represent the district you live in as well as those from the district where your business is located. Let them know who you are and what you do. That personal contact may help prevent unnecessary legislation or help shape productive legislative changes.
Take the case of a state senator and committee chairman who had heard testimony in a county that claimed there was no local market for old newspapers. Two ReMA members in the district hosted a facility tour for the senator and were able to show him that the county did not need state money to buy additional processing equipment—that, in fact, there existed a ready local market for the paper. The county had previously tried to use the "no market" argument as justification for establishing flow control over recyclables. As a result of the tour, that argument will no longer hold water before the senator's committee.
A recent survey of state legislative leaders, conducted by the National Conference of State Legislatures (Washington, D.C.), identified education as one of the top three issues of the 1993 legislative session. As members of the scrap processing and recycling industry, we also should identify education of our elected officials as one of our top issues.
—Steven L. Levetan, president of Resources Services (Atlanta) and legislative consultant to ReMA's Southeastern Chapter
State Storm Water Update
In recent months, several states have taken action that may affect the obligations of recycling facilities participating in ReMA's group storm water permit application under the National Pollution Discharge Elimination System, as well as facilities not participating in ReMA's group permit and not yet otherwise in compliance with state storm water rules.
Alabama. ISRI is monitoring Alabama 's deliberations on whether to accept group storm water applications and it now appears that although the state considers coverage by a group permit as compliance with state law, it will also require group members to obtain coverage under the state's industry-specific general permit. To do this, facilities must file a notice of intent with the state as soon as possible, and by Oct. 1, must develop "best management practices" plans for minimizing the amount of pollutants in their storm water discharges. ReMA is preparing a document that details appropriate specific storm water management controls, and will distribute them to group participants in the state to help guide them in developing the required plans.
Minnesota. The state has decided not to accept group permit coverage, opting instead to require facilities to obtain a state baseline general permit. Thus, to remain in compliance with the state's storm water control program, facilities must complete a general permit application and submit it to the Minnesota Pollution Control Agency as soon as possible.
New Jersey. New Jersey currently considers group permit participation as full compliance with state law, but it may still decide to require group members to file for an individual permit if an industry-specific general permit is not issued by October. ReMA is monitoring the state's development of an industry-specific general permit for the scrap recycling industry and will keep state officials briefed on association efforts undertaken in cooperation with the Environmental Protection Agency (EPA) to develop an industry model permit at the federal level.
Pennsylvania. Pennsylvania participants in the group application are currently in full compliance with state law. Nevertheless, when the state receives the ReMA group model permit from the EPA (the timing of which is unknown), the state will require group members to submit a notice of intent related to is baseline general permit along with a $100 permit fee. In addition, the state will decide at that time whether to adopt the federal model permit.
Washington. Facilities in this state were required to file a notice of intent with the Washington Department of Ecology by Feb. 18 for coverage under the state's baseline general permit. No permitting fees have yet been established.
West Virginia. Now finalized, West Virginia 's storm water permitting program requires all industrial dischargers in the state to file for coverage under its general permit (the first step of which was to submit a site registration by Jan. 4); group permit participation is not considered an acceptable means of compliance. Nevertheless, ReMA has petitioned the state to accept the sampling data from the ReMA storm water group rather than requiring all West Virginia facilities to conduct their own sampling.
Wyoming. Wyoming has issued a baseline general permit and is requesting that all group permit members also apply for coverage under this permit, but has indicated that it may still be willing to accept the federal group storm water permit application if the group is willing to negotiate with the state. Meanwhile, Wyoming facilities should file a notice-of-intent form with the state.
In all other states, facilities participating in the group that have not been otherwise notified by ReMA are in full compliance with the storm water program to date, and need do nothing further at this point to remain in compliance.
—Robin K. Wiener, ReMA director of environmental compliance
An overwhelming desire for change swept the country in November. And change is what we got. Not only was a new administration posted to Washington , but also—and maybe more important—there were major changes at the state and local levels. Voter political restlessness as well as post-census redistricting resulted in the largest turnover in state legislatures since 1982. Wyoming and Alaska experienced the greatest turnover, with 55 percent of their seats going to new legislators Even New Mexico, which showed the most "stability" in preserving seats, experienced a 16-percent turnover.