ESAP Steering Committee listing of players in the collection and processing of E-Waste in Indiana

0E-Scrap Action Program Toolkit

SECTION 2

Navigating the Regulatory Maze

The Indiana Recycling Coalition recognizes that many of the individuals, businesses, governmental agencies and organizations that are generating e-scrap, do not understand how to apply the current hazardous waste laws, rules and regulations to electronic scrap management. In addition, the federal government is developing new regulations and some local governmental agencies are developing new ordinances to encourage reuse and recycling of electronics and to ensure proper disposal methods.

This section of the toolkit is intended to provide readers with an overview of current laws and insight on ways that e-scrap management is changing, across the country and here at home. While the IRC is exploring the full scope of electronics, it is cathode ray tubes (CRT’s) which are most often regulated and of environmental concern. This section is a work in progress and will be revised to provided updated or better information as it is available.

Federal Regulations for E-Scrap Management

The United States Environmental Protection Agency (EPA) has established regulations surrounding the management of electronics to:

Increase safe recovery and recycling
Minimize the potential for liability

§ Understand Resource Recovery and Conservation Act (RCRA) requirements

§ Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and arrangers intent

§ Conduct due diligence on recyclers

§ Make sure donation programs truly need the equipment

Many used cathode ray tubes (CRTs) are currently classified as characteristic hazardous waste under the RCRA and are therefore subject to hazardous waste regulations under RCRA Subtitle C unless they come from a household or conditionally exempt small quantity generator (CESQG).

CRTs

Consumers: To date, the US Environmental Protection Agency (EPA) has not regulated any electronic scrap being generated at the household level. Therefore, legally, homeowners in most of Indiana’s communities can put computers, televisions and other electronic scrap in their trash container, and it will be disposed of in a municipal solid waste landfill. Households that dispose of CRT’s are exempt from hazardous waste management requirements under 40 CFR 261.4(b)(1). A fact sheet for residential consumers can be found at: http://www.epa.gov/epaoswer/osw/elec_fs.pdf

Businesses can be subject to more stringent requirements for e-scrap management. If the waste comes from business or industry, the waste can be disposed of in a municipal solid waste landfill if the generator is a CESQG. Non-residential generators of less than 100 kilograms of hazardous waste in a calendar month are CESQGs and are not subject to most RCRA Subtitle C hazardous waste management standards (40 CFR 261.5). However, materials must be disposed of as solid waste in an approved landfill. When a user sends a CRT to a reuse organization/reseller for potential reuse, the user is not a RCRA generator and thus not subject to the Subtitle C hazardous waste standards.

If not exempt as a CESQG (generating 100 or more kilograms of hazardous waste in a month), the large quantity generator must make a waste determination based on specific knowledge or appropriate testing, and then must properly dispose of the waste according to Subtitle C hazardous waste standards. A fact sheet for businesses is provided on EPA’s WasteWise website at: http://www.epa.gov/wastewise/pubs/wwupda14.pdf

RCRA and how it currently applies: To determine whether a non-residential facility with used CRTs must comply with RCRA Hazardous Waste regulations, the generator must first determine if the used CRTs are a solid waste (discarded material, which is abandon, recycled, considered inherently waste-like). If it is a solid waste, then RCRA applies.

Solid waste determination: Used CRTs sent directly to glass processors or recyclers could under some circumstances be considered spent materials undergoing reclamation, and could therefore be a solid waste. Then, the material must be considered for its potential to be a hazardous waste.

Waste determination: RCRA requires generators to make the waste determination, which requires knowledge of the process, or testing. It is the state that applies Subtitle C requirements to activities. Below is some guidance by categories of those that handle e-scrap and how RCRA rules apply:

· Collectors: Currently collectors, whether a recycler, a hauler or a non-profit organization that is taking in electronics, are subject to Subtitle C requirements unless CRTs are from a household or CESGQ.

· Transporters: Currently transporters, or anyone who is transporting electronics materials, are subject to Subtitle C requirements unless CRTs are from a household or CESGQ.

· Recyclers: Currently recyclers are subject to Subtitle C requirements unless CRTs are from a household or CESGQ. Also, used CRT’s undergoing repairs before resale or redistribution are not being “reclaimed” and are considered to be products “in use” rather than solid wastes.

Circuit boards

EPA previously determined that used, whole circuit boards are considered scrap metal when sent for reclamation and therefore exempt from RCRA regulation. EPA also provided exclusion from regulation for shredded circuit boards being reclaimed provided they met certain requirements.

State and local government can require more stringent management practices than the federal government requires.

Proposed Regulation Changes

There is currently a proposed federal regulation change to 40 CFR 260, 261, 264, 268, 270, and 273, which would provide an exclusion for used CRTs and glass recovered from CRTs sent for recycling from the definition of solid waste in order to streamline RCRA requirements. Under the proposed rule, disposal in a landfill or incinerator would be regulated under full Subtitle C standards, if the disposer is not a household or CESQG.

The draft CRT rule has been developed to encourage greater reuse, recycling, and management of CRTs. The draft rule is not expected to be finalized until early 2004. The delay is due in most part by comments made by states and companies on the rule regarding concerns that regulatory relief for CRTs would encourage more export. EPA is currently looking at ways to address the export concerns. Other comments received focused on household exemptions, storage requirements, human health implication, and lack of recycling standards.

The approach of the proposed CRT rule is as follows:

CRTs sent to a collector or reseller for reuse or repair will not be regulated. The CRTs, in this instance, are considered products, not waste
Off-spec CRTs sent for recycling will also not be regulated, and materials destined for recycling will also be considered products, not waste
Used, broken CRTs sent for recycling are conditionally excluded from hazardous waste requirements if they comply with universal waste-type packaging and labeling requirements for storage and shipping

Under the proposed rule, whole, used circuit boards and shredded circuit boards headed for recycling will continue to be exempt [40 CFR 261.4 (a)(13) and (14)].

Also under the proposed rule, used or unused CRTs sent to disposal will remain regulated as a waste.

Region 3 E-Scrap Regulation Pilot Project

In 2002, Region 3 EPA undertook a pilot for new e-scrap regulations. Participating states included Delaware, Maryland, West Virginia, Virginia and Pennsylvania. In addition, other partners that participated in the pilot project included Sony, Panasonic, Sharp, Envirocycle, Inc., Waste Management Asset Recovery Group, Elemental Inc., Electronic Industries Alliance, and Polymer Alliance Zone of West Virginia. In this pilot:

EPA provided a conditional exclusion from hazardous waste determination for electronics (CRTs, personal computers, televisions, radios, tape players, cellphones, compact disk and digital video players) when “the materials were physically dismantled for the recovery of useful elements.”
Exclusion from hazardous waste requirements applied to generation, transportation, collection, accumulation, storage, and dismantling (although all applicable requirements for transportation of hazardous materials continued to apply) of electronic materials, subject to these conditions.
All participating receiving/dismantling facilities were required to have an environmental management system approved by the Region 3 EPA administrator or state director.
Speculative accumulation was not allowed. Instead, the recycler had had to demonstrate that at least 75% of electronics inventory that was present on January 1 was recycled by the end of the year. Proposed exclusion is similar to the one for shredded circuit boards found in 40 CFR 261.4 (a)(14).

The pilot was completed, but, as a result of adverse comments, the conditional exclusion from hazardous waste determination for electronics will not be pursued for regional or national acceptance. Instead, Region 3 states will await the national rule change expected to go into effect in 2004.

EPA Resources

EPA Region 5 Electronics Webpage: www.epa.gov/region5/solidwaste/electronics.htm

RCRA Hotline: www.epa.gov/epahome/cfr40.htm or 1/800/424-9346

Indiana Rules & Regulations for E-scrap Management

The state of Indiana has not, to date, chosen to set a regulation that requires more stringent management of e-scrap than the federal government requires. Therefore, if the electronic waste comes from a household, it is a municipal solid waste and can be disposed of in a municipal solid waste landfill. The only exception is that a specific landfill may choose to ban electronic waste from disposal, which is the case in some areas of the state. As an alternative to landfilling, many solid waste management districts offer programs to increase the recycling and reuse of this material. Many offer collection days and/or exchange/reuse programs.

If the waste comes from business or industry, a waste determination should be made to see if the materials meet the RCRA definition of hazardous waste. If the materials do meet the RCRA definition of hazardous waste, then it must be disposed of under 40 CFR 262 - 270 requirements.

Material can be disposed of in a municipal solid waste landfill if the generator is a conditionally exempt small quantity generator (CESQG). A CESQG is defined as someone who generates less than 100 kilograms (220 pounds) of hazardous waste per month. Information for helping estimate weights for electronics can be found in Addendum A.

The full texts of Indiana's solid and hazardous waste regulations are available from the Indiana Legislative Services Agency website or from a local public library. The Indiana Department of Environmental Management has developed a fact sheet for guidance, which can be downloaded at: http://www.in.gov/idem/oppta/recycling/electronics/regulations.html

Local Governmental Ordinances for E-Scrap Management

Several of Indiana’s local governmental units have enacted ordinances at the local level to drive responsible e-scrap management from residential generators. Two examples of such are Monroe County Solid Waste Management District and the Solid Waste District of St. Joseph County. Other solid waste districts are also considering similar or unique local ordinances that will require new management practices or generate funds to cover costs of reuse/recycling/proper disposal of materials.

Two examples of local ordinances are included in this section of the toolkit as Addendum B.

Other States’ Passed and Pending Regulation & Legislation for E-Scrap Management

CRT under Universal Waste Rule: Several states, such as California, Massachusetts, Michigan, and Vermont have reclassified electronics under the Universal Waste (UW) Rule. A Universal Waste is a hazardous waste that is regulated under a section of the state’s hazardous waste regulations. UW is typically applied to high volume, low-risk wastes, such as batteries, fluorescent lamps and CRTs. Universal wastes are not subject to traditional hazardous waste requirements, but are subject to management requirements that are more streamlined and less stringent commensurate with the risks involved with handling these materials. This eases the regulatory burden on generators.

Other States’ Legislation: Many other states have passed or are pursuing legislation to help encourage more reuse and recycling of e-scrap or more responsible e-scrap management practices. In addition, there have been laws passed or considered on a variety of issues related to e-scrap management from education programs, to developing study commissions to evaluate the issue, to advanced recovery fees to cover management costs, to producer responsibility legislation. A summary of these laws passed and pending follows:

Landfill Bans – legislation banning cathode ray tubes (CRTs) from landfills

The following states have passed legislation regarding electronics banning:

· California, 2002, banned CRTs from municipal solid waste landfills and developed regulations for CRT’s and Consumer Electronic Devices to be managed under the Universal Waste Rule.

Massachusetts, April 1, 2000, the Massachusetts Department of Environmental Protection banned the disposal of CRTs—from individuals or companies—at municipal solid waste disposal facilities. Massachusetts was the first state to ban the disposal of CRTs by individuals.
Minnesota passed legislation in 2002 that will ban a variety of electronics items from landfills in 2006. In the meantime, the work to develop an adequate infrastructure for managing materials is underway.

The following states have pending legislation regarding electronics banning:

Maine, LD 743, bans CRTs from municipal solid waste landfills and incinerators.
Michigan, SB 147, proposes to prohibits disposal of a long list of electronic products into solid waste systems and instructs the Department of Environmental Quality to conduct a study on statewide electronics collection programs and report to legislature in one year. It requires that DEP establish standards for electronic recyclers and all agency electronics are to be management in accordance with these standards. HB 4296, proposes to prohibit landfill disposal of CRT and CRT-containing devices beginning January 1, 2004. it requires the DEP to establish a multi-stakeholder task force to study and report to the legislature on regulatory problems related to electronics and CRTs.
Arkansas considering ban in 2005.
Nebraska, LB 301, proposes a CRT ban from landfills.
New Jersey, AB 2550, proposes to ban cell phones from disposal.
North Carolina, HB 1565, proposes to ban CRTs from landfill or incinerator disposal.
Texas, HB 595, proposes to prohibit disposal of electronics with municipal solid waste.
Virginia, HB 2375 and 2376, proposes to prohibit disposal of CRTs in state landfills as of January 1, 2004, and instructs the Department of Environmental Quality to implement regulations for an electronics recycling program, and to develop efficient methods for collecting, storing, transporting, processing and recycling electronics
Washington, HB 1942, proposes to ban electronics from landfills and incinerators.

Education – establishes education about hazardous materials contained in electronic devices and/or about alternative methods of managing electronics besides disposal

Legislation passed:

Colorado, HB 01-1106, passed in June 2001, established an education program to promote proper e-scrap management.
Michigan, HR 24, proposed a public education program for e-scrap

Legislation pending:

Texas HB 595, requires education and a toll-free number and a decal on all equipment with information about disposition.
Utah, HB 67, proposes to establish an education initiative to inform about the hazards of electronics disposal and promote recycling efforts.
Virginia, HB 2375, proposes to develop an education program identifying electronics recyclers and reuse organizations.

Financial Incentive Programs – grants or other financial incentives for driving electronics collection and end-of-life management, or establishment of advance recovery fees on electronics to cover the costs of management

The following states have passed legislation regarding financial incentives:

Arkansas, SB 807 in April 2001, established a Computer and Electronics and Recycling Fund
Colorado, HB 01-1106, passed in June 2001, established a Cathode Ray Tube Recycling Fund

California, SB 20, passed in 2003, established an advanced recovery fee between $6 – 10, effective April 1, 2004, based on device size, at the time of purchase of televisions and computers. This fee will pay for free and convenient collection and recycling of e-scrap. The fee collected by the state will reimburse cities and non-profits for collecting materials and companies that haul materials away. The fee may be adjusted in the future based on actual costs.

The following states have pending legislation regarding financial incentives:

Florida, SB 674 and 678, proposes to fund a management system through a $10 fee on electronics paid at retail level. Unique because it places a surcharge on solid waste disposal, imposed by the county and earmarked for electronics recycling.
Nebraska, LB 301, proposed an advanced recovery fee of $10, to be used for grants to cover the costs of e-scrap management.
North Carolina, HB 1565, proposes a privilege tax on CRT-containing items, collected along with state sales tax on all electronic items imported to the state.
Oregon, HB 2971, proposes to impose a $50 CRT fee at point of sale to establish the Cathode Ray Tube Recycling Account to fund e-scrap management programs. Twenty-five dollars of the fee can be refunded to the purchaser at the time of recycling the CRT, if properly registered.
Oregon, HB 3563, proposes a $3 fee on televisions, computer monitors, central processing units (CPUs), laptops, circuit boards, and electronic wiring, called the Electronic Products Account, at point of sale for use in funding infrastructure and education. The monies are deposited into the Department of Revenue. The Department of Revenue also requires certification by the seller of electronic products.
South Carolina, AB 1031, proposed to establish the Electronic Equipment Recycling Program which imposes a $5 fee on each piece of CRT-containing electronics. The funds would be used by the Department of Commerce to determine efficient collection, transportation and processing, and to award grants, contracts and loans to further recycling.
Texas, House Bill 595, proposes a fee at the point of sale equal to a fee paid by manufacturers to establish the Electronic Equipment Disposition Account. The fee would cover infrastructure development, research grants, and administrative costs

Advisory Committee Established – establishes a legislative subcommittee, a multi-stakeholder committee, or a state government committee to evaluate and provide recommendations on e-scrap issues

Passed legislation regarding forming a study commission

Georgia, HB 2, 2001, established a Computer Equipment Disposal and Recycling Council to make recommendations about solving E-waste issues.
New Jersey, A 607, 2002, created an education program for schools about electronics recycling.

Pending legislation regarding forming a study commission

Michigan, HR 24 and HB 4296, proposes that the Michigan Department of Environmental Quality and a multi-stakeholder group define the extent of the problem, capacity for management, and strategies for future management.
New Hampshire, HB 73, proposed a study commission to look at an advanced recovery fee on new electronic equipment.
New Jersey, AB 607, would create a multi-stakeholder group to look at the feasibility of a statewide mandate for electronics management.
Oregon, Senate Bill 867, proposes to create the Advisory Committee on Electronic Product Stewardship within the Economic and Community Development which would be made up of manufacturers, retailers, consumers, recyclers and public bodies, and appointed by the director of the department. The committee will examine reuse and recycling infrastructure, evaluate regulations, explore business development opportunities, develop recommendations for education consumers on recycling, and more.
South Carolina, Assembly Bill 1031, proposed to establish the Electronic Equipment Committee to review an devaluate the use of the funds.

E-waste Producer Responsibility – requires the original equipment manufacturer to take some or all responsibility for end-of-life management of their products or all electronic products

Proposed legislation regarding Manufacturer’s Responsibility for E-Scrap

Maine, LD 743, requires manufacturers to develop and finance collection and management systems for e-scrap within two years. The system must include collection and management systems for their own brand as well as orphan and historic waste by market share at the time the waste costs are incurred. OEMs plans must be submitted within 6 months, and financial assurances within 12 months. The bill also phases out toxics by 2006 (unless proven to be technically unfeasible.
Massachusetts, proposes to require manufactures to develop and implement management programs for CRT-containing devices and computers. Those who fail to have approved plans are prohibited from selling these devices in MA until in compliance.
Minnesota, SF 838, proposes that all manufacturers of e-scrap be responsible for every aspect of collecting and reusing or recycling items without fees, and requires annual reporting.
Oregon, HB 2971, tasks the Department of Administration to develop guidelines for an electronic equipment supplier take-back and encourages the purchase of equipment designed for longer life, upgrade-ability, reduction of hazardous materials, and ability to cost-effectively recycle. The bill would require certification of CRT recycling centers, and requires registration of all CRT-containing products with a unique identification number, and that all purchasers register the object with the Environmental Quality Commission.
Wisconsin is gearing up to introduce a product stewardship measure, and is currently garnering support for the bill. For instance, Pepin County has approved a resolution calling for state legislation that requires original equipment manufacturers (OEMs) and retailers to take back computers and consumer electronics, and resolutions from others are being sought.
Florida, HB 674 & 678, proposes that marketers including manufacturers, implement a product management system either individually or collectively.
Washington, HB 1942, proposes to require manufacturers to develop and finance a consumer education program and a system for managing electronics that will capture 3 pounds a year per capita. I also requires a phase-out of the use of lead, mercury, beryllium, cadmium, hexvalent chromium, brominated flame retardants, and polyvinyl chloride in the manufacture of electronic products. It also requires products to be labeled or packaged with information for consumers on hazardous materials in electronics and proper disposal.

Environmentally Safe Management/Export Concerns – establishes legislation that creates mechanisms to ensure that electronics are being managed in the most environmentally sound manner

Passed legislation that discourages export of used electronics

California, SB 20, bans export of e-waste to countries that do not adhere to environmental standards similar to those in the U.S.

Pending legislation that discourages export of used electronics

North Carolina, HB 1565, proposes certifying electronics recyclers and encouraging domestic recycling over export.
Oregon, HB 2971, establishes guidelines and regulation for safe e-scrap management, and insures no export out of state or country, and reimburses certified recyclers $25 of the $50 advanced recovery fee for proper recycling.

FEDERAL LEGISLATION PROPOSED:

US CONGRESS, House Bill 1165, introduced by Senator Thompson proposes a national fee of not more than $10 on the sale of computers and monitors to be used for grants administered by EPA for environmentally sound management of electronics. It also would provide incentives for computer manufacturers to take back their computers at end of life.

Addendum A – CRT Facts & Guidance

To follow is a variety of sources and information that can help Hoosiers determine the toxicity or quantity of hazardous materials found in electronic devices. This information can be used for guidance when making decisions about how to manage e-scrap.

How Many Computers for CESQG?

The Indiana Department of Environmental Management has developed a fact sheet which states that approximately 7 – 8 computers (clarified as “monitors” and not CPUs) will equal the 100 kilograms or 220 pound threshold for disqualifying a company from the CESQG category. If not exempt, the generator must make a waste determination based on specific knowledge or appropriate testing, and dispose of the materials properly.

Computer Monitors*:

13 - 15’ monitors weigh between 20 – 35 pounds each (depending on model), with the average 15’ monitor weighing 28 pounds (MacIntosh monitors tend to be heavier)

17’ monitors weigh on average about 45 pounds each

19 - 21’ monitors weigh up to 84 pounds each

Televisions:*

Televisions weigh between 10 – 275 pounds each depending on model.

42’ glass flat screen televisions can weigh as much as 275 pounds

Projection televisions can weigh over 300 pounds each

Console-televisions can weigh between 50 – 80 pounds each

*These estimates provided by Monroe County Solid Waste Management District’s household hazardous waste management staff.

The composition of a monitor is as follows:*

CRT – 52%

Plastic – 25%

Printed Wiring Boards – 13%

Metals – 6%

Wires – 4%

*These estimates were presented by Pam Swingle, EPA Region 4, in a presentation to the Kentucky Pollution Prevention Center.

Toxicity Characteristic Leaching Procedure for Electronics

US EPA uses research completed by Dr. Timothy Townsend at the University of Florida and funded by the Florida Center for Solid and Hazardous Waste Management to conclude that color CRTs are hazardous waste. Toxicity Characteristic Leaching Procedure (TCLP) tests were performed for CRTs and color CRTs were shown to exceed the 5 miligrams of lead regulatory limit. New research will include TCLP tests to be performed on CPUs, circuit boards and brominated flame retardants.

Lead in CRTs

According to a California Environmental Protection Agency CRT Management Fact Sheet, “a typical CRT contains between two and five pounds of lead.”

Addendum B - Sample Local Resolutions

Monroe County Solid Waste Management District

RESOLUTION 2001-02

Amendment to List of Items Banned from the Monroe County Landfill

WHEREAS, the Monroe County Solid Waste Management District owns and operates a Municipal Solid Waste Landfill and a Construction and Demolition Landfill in Monroe County, Indiana for the disposal of municipal solid waste and construction demolition material; and

WHEREAS, federal and state legislation and prudent operation of the Landfills require the exclusion of certain items from the facility; and

WHEREAS, it is desirable to promote conservation of landfill space, waste reduction, reuse recycling and alternative methods of disposal of waste; and

WHEREAS, the District operates recycling and solid waste stations at locations in the county and said restrictions shall apply to disposal of the below listed wastes at these stations as well; and

WHEREAS, the District desires to update the list of banned items given in Resolution 90-9, which was amended by Resolution 95-10, Resolution 98-06, and shall be further amended by Resolution 2001-02; and

WHEREAS, viable alternative disposal options for Conditionally Exempt Small Quantity Generator (CESQG) wastes and Household Hazardous waste are available through other District programs.

IT IS THEREFORE RESOLVED by the Board of Directors of the Monroe County Solid Waste Management District that the following materials are not accepted for disposal at the Monroe County Landfill or the recycling and solid waste stations:

1. Ashes or cinders

2. Medical waste: any waste generated in the diagnosis, treatment, (e.g., provision of medical services), or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals as defined in 40 CFR 259.30. Under this resolution and this definition, sharps from a household are also prohibited.

3. Hazardous waste: either listed as, or bearing the characteristics of RCRA hazardous waste as defined in 40 CFR 261.3. Also included under this resolution and this definition are Conditionally Exempt Small Quantity Generator (CESQG) wastes, cathode ray tubes (i.e., computer monitors, or television screens containing a cathode ray tube), all fluorescent lamps, pressurized containers, led acid batteries, anti-freeze, motor oil, used oil filters, pre-1979 light ballasts (unless explicitly labeled APCB-free@), and pesticides. PCBs and PCB-contaminated materials as defined in 40 CFR 761 and 329 IAC 4-1-1 are prohibited.

4. Radioactive waste: medical treatment wastes and laboratory wastes.

5. Liquids and liquid sludges: all liquids; paint, paint-related material, solvents, fuels, and other material which would pass through a paint filter are considered liquids. 40 CFR 258.28

6. Large items, such as car bodies, truck bodies, mobile homes, trailer, and other similar items which have not been disassembled.

7. Industrial waste (such as sludge waste, industrial process waste, pollution control waste and any contaminated material from such operations). Only industrial waste that has been pre-approved by IDEM and the landfill manager for disposal at the Municipal Solid Waste landfill is acceptable. 329-IAC 2-21-1

8. Yard waste including grass clippings, leaves, tress, limbs, twigs, wood chips, and saw dust.

9. Vehicle or equipment tires.

10. White goods (e.g., defined as any washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers, water heaters, and other large appliances).

11. Waste generated beyond Monroe County.

Haulers of waste to the Municipal Solid Waste Landfill, the Construction and Demolition Landfill, and the recycling and solid waste stations shall be responsible for compliance with this resolution. Violations of this resolution may result in suspension or termination of the privilege to dispose of material at either landfill or at the recycling and solid waste stations that appears to be, or is, in violation of this resolution.

The Landfill Director shall post notice of all banned items at the landfills and the recycling and solid waste stations, and shall also provide copies of this resolution to all waste haulers who use the District facilities. The Landfill Director shall also provide notice of alternative depository sites for banned materials.

Approved this 3^rd day of April, 2001 by the Monroe County Solid Waste Management District Board of Directors.

BOARD OF DIRECTORS

ATTEST:

RESOLUTION 2002-08

Amendment of District Fee Resolution

WHEREAS, the Monroe County Solid Waste Management District (the District) currently operates the Monroe County Landfill, the Monroe County Regional Recycling Center, the Monroe County Recycling & Solid Waste Stations, the Monroe County Hazardous Materials Facility and the District Administrative Office; and

WHEREAS, the District is responsible for the imposition and collection of certain fees and charges at each location stated above; and

WHEREAS, the District established a Fee Resolution on December 16, 1991, to be effective January 1, 1992, originally identified as Ordinance 91-1, which was amended by Resolution 92-10, Resolution 93-6, Resolution 93-10, Resolution 94-2, Resolution 94-13, Resolution 95-30, Resolution 96-16, Resolution 97-1, Resolution 97-16, Resolution 98-07, Resolution 98-12, Resolution 98-18, Resolution 99-11, Resolution 99-17, Resolution 2000-15, Resolution 2001-01, Resolution 2001-13, Resolution 2001-14, and shall be further amended by Resolution 2002-08; and

WHEREAS, the District has determined that certain fees, that are generally low in relation to true market value and also are not covering the full costs of a particular service should be increased and in doing so it is necessary to amend Section II, Landfill, and Section IV, Hazardous Materials Facility; and

WHEREAS, there have been non-substantive housekeeping changes to better clarify the Resolution as shown in Section I, Administration, Section II, Landfill, Section III, Recycling & Solid Waste Stations, and Section V, Green Business Network, and Section VI, Environmental Compliance and Safety.

THEREFORE, the Board of Directors of the Monroe County Solid Waste Management District amends the District=s Fee Resolution as follows:

DISTRICT FEE RESOLUTION

Section I: Administration

A. Unless otherwise delineated, administrative fees for service at any District facility shall be as follows:

(1) For copies in excess of five (5), a standard fee of $0.10 per page shall be charged for copying service.

(2) A standard fee of twenty five dollars ($25.00) shall be charged for each returned check.

(3) For all credit accounts, fees must be paid within thirty (30) days of the date of the bill. If the fees are not paid within thirty (30) days after the date of the bill, a carrying charge of ten percent (10%) of the total amount due shall be charged and reasonable attorney fees may be recovered in a civil action, pursuant to IC 13-9.5-9-3, and access to District facilities shall be denied without further notice.

Section II: Landfill

A. Fees collected for services rendered at the Monroe County Landfill shall be as follows:

(1) The following fee structure shall be applied to the users of the Landfill for the handling and disposal of Municipal Solid Waste (MSW). This fee structure includes the $.60 per ton State imposed fee.

Tonnage Level Tipping Fee

(MSW per month) ($/ton)

0 – 9 $ 31.00

100 - 199 30.00

200 - 399 29.00

400 - 599 28.00

600 - 27.00

All haulers who are registered with the Monroe County Health Department and have accounts at the Landfill are eligible for the above fee structure. Registered haulers whose monthly average tonnage is less than 100 tons are automatically in a pool for combined monthly tonnage in order to qualify for the reduced rates.

(2) A standard minimum fee of Ten Dollars ($10.00) shall be charged to users for the handling and disposal of Municipal Solid Waste (MSW) weighing six hundred fifty (650) pounds or less at the Monroe County Landfill. Users with more than six hundred fifty (650) pounds shall be charged as per the normal Municipal Solid Waste (MSW) fee structure.

(3) A standard fee of Twenty Five ($25.00) per ton (which includes the $0.60 per ton State Fee) shall be charged to users for the handling and disposal of construction and demolition debris at the Construction and Demolition Debris Area of the Monroe County Landfill.

(4) A standard minimum fee of Five Dollars ($5.00) shall be charged to users for the handling and disposal of construction and demolition waste weighing four hundred (400) pounds or less at the Construction and Demolition Debris Area of the Monroe County Landfill. Users with more than four hundred (400) pounds shall be charged as per the normal construction and demolition waste rate per ton.

(5) A standard fee ranging from a minimum of Fifty Cents ($0.50) per ton to a maximum of Fifty Dollars ($50.00) per ton shall be charged to users for the handling and disposal of special waste at the Monroe County Landfill, except for the regulated asbestos-containing material fee of Twenty Eight dollars ($28.00) per cubic yard, or part thereof ($28 minimum charge). The actual fee shall be determined on a case-by-case basis by the Landfill Technical Director based on the degree of contamination of the material, volume of the material, and potential beneficial use of the material.

(6) If the District agrees in its sole discretion to accept a tire for recycling, a standard fee of Three Dollars ($3.00) per passenger car tire, motorcycle tire and/or small truck tire shall be charged for the collection and handling of tires for recycling. If the tire is on a rim an additional Two Dollars ($2.00) will be charged.

(7) If the District agrees in its sole discretion to accept a tire for recycling, a standard fee of Five Dollars ($5.00) per bus and/or truck tire shall be charged for the collection and handling of tires for recycling. If the tire is on a rim an additional Two Dollars ($2.00) will be charged.

(8) A standard fee of Ten Dollars ($10.00) per vehicle per occurrence shall be charged to all vehicles, including open passenger cars, carrying loose or uncovered trash that is susceptible to be being blown off and/or causing road litter during transport.

(9) A standard fee of Fifteen Dollars ($15.00), per unit shall be charged for the collection and handling of appliances containing chloro-flouro-carbons (CFC) (refrigerant), including but not restricted to air conditioners, freezers, and refrigerators. This fee is effective November 1, 2002.

Section III: Recycling & Solid Waste Stations

A. Fees collected for services rendered at the Recycling & Solid Waste Stations shall be as follows:

(1) A standard fee of One Dollar ($1.00) per District approved big orange bag shall be charged to users for the handling and disposal of solid waste at the Recycling & Solid Waste Stations. All solid waste disposed of at the stations shall be placed in a District approved bag. This fee shall not apply to the drop-off of recyclables at the stations.

(2) A standard fee of Fifty Cents ($0.50) per District approved little orange bag shall be charged to users for the handling and disposal of solid waste at the Recycling & Solid Waste Stations. All solid waste disposed of at the stations shall be placed in a District approved bag. This fee shall not apply to the drop-off of recyclables at the stations.

B. A handling discount of five percent (5%) per District bag shall be credited to District vendors who purchase bags from the District for distribution to users.

Section IV: Hazardous Materials Facility (The amendments to this section are effective November 1, 2002.)

A. Fees collected for services rendered at the Hazardous Materials Facility shall be as follows.

(1) A minimum fee of $5.00 shall be charged for handling and disposal of hazardous materials that require an invoice.

(2) Fees collected for hazardous materials shall include the direct disposal cost plus 5% and a handling fee based on:

Batteries: $0.10 per pound

All other material: $1.27 per minute

(3) Transportation charges:

$3.34 per mile

(4) Demurrage charge:

$16.66 per hour after one hour

(3 5) Irregular operations fees:

If processing takes time that is irregular to normal operations or irregular to the routine that our program normally executes, an hourly rate of $76.20 is billed.

(4 6) Medium sized electronics including, but not limited to, stereos, printers, laptop computers, VCRs, CPUs, and other items of similar size and weight:

$5.00 each

(5 7) Large electronic items including, but not limited to, computer monitors less than 18", televisions less than 18", desk top copier, and other items of similar size and weight:

$10.00 each

(8) Extra large electronic items including, but not limited to, computer monitors greater than 18", televisions greater than 18", and other items of similar size and weight:

$15.00 each

(9) Super size electronic items including, but not limited to, console televisions, projection televisions, large arcade games, floor copy machines, mainframes, and other items of similar size and weight:

$20.00 each

Section V: Green Business Network

Fees collected for services rendered by the Green Business Network shall be as follows per facility collected:

An annual membership fee of:

$800.00 annually for twice a week collection;

$400.00 annually for weekly collection;

$200.00 annually for twice a month collection;

$100.00 annually for monthly collection.

A non-member collection fee of $50.00 per pick-up for pre-approved accounts on an on-call, time available, collection basis.

Section VI: Environmental Compliance and Safety

A. Fees collected for services rendered by the Monroe County SWMD Environmental Compliance and Safety Department shall be as follows: A maximum fee of $600.00 shall be charged to Indiana Solid Waste Management Districts for the thirty (30) day rental of a secret camera designed to prevent illegal dumping by recording violations in known dumping locations.

The fees and charges set forth above shall be effective upon passage of this Resolution as set out above, unless otherwise noted, and shall remain in effect until further action by the Board of Directors of the Monroe County Solid Waste Management District.

So RESOLVED this 8th day of August, 2002.

BOARD OF DIRECTORS

ATTEST