Recycling: Am I Regulated?
- Overview of Requirements for Recycling Materials from Municipal Sources
- Rules
- General Requirements for All Facilities, Including Exempt Facilities
- Storage, Reporting, and Recordkeeping Requirements for Non-Exempt Facilities
- Additional Reporting Requirements for Nonhazardous Industrial Materials
- Recycling Electronic Equipment
- Financial Assurance
- Forms
- For More Information
Overview of Requirements for Recycling Materials from Municipal Sources
Recycling Source-Separated Materials from Municipal Sources
If you receive, process, and return to use only nonputrescible, source-separated recyclable materials diverted from a municipal solid waste stream, your recycling facility will be exempt from permitting and registration requirements provided you comply with general requirements and with certain storage, recordkeeping, and reporting requirements. Examples of common source-separated recyclable materials include cardboard, paper, glass, plastic, aluminum, and metals that are separated from the solid waste stream at the point of generation.
Recycling Materials Recovered from a Municipal Solid Waste Stream
Facilities that separate recyclable materials from a municipal solid waste stream must be permitted or registered as a municipal solid waste processing facility in accordance with 30 TAC Chapter 330, Section (§) 330.7 or §330.9
.
Recycling Source-Separated Materials from Industrial Sources
A recycling facility that manages materials diverted from a municipal solid waste stream may also manage source-separated nonhazardous recyclable materials from industrial sources, provided it complies with additional reporting requirements for nonhazardous industrial materials.
Electronic Equipment
If you want to recycle discarded electronic equipment, please see our additional information about recycling computers, televisions, and other electronics.
Combustible Materials
If your recycling operation involves storing combustible material outdoors or poses a significant risk to public health and safety, you may be required to establish financial assurance.
If your recycling facility is located in Bexar County, and will store combustible material for producing mulch or compost, please be aware of additional requirements detailed 30 TAC §328.4(g).
Incidental Waste
Recycling facilities must limit nonrecyclable waste to “incidental amounts” (no more than 10 percent per incoming load, and no more than 5 percent of all materials received by a facility in a 6-month period) to continue to qualify for exemption from solid waste permit and registration requirements. However, 30 TAC Chapter 328, §328.2(2) allows certain nonrecyclable materials to be accepted without counting toward these limits, including nonrecyclable components of manufactured products, such as automobiles, appliances, or other items that require dismantling, grinding, or some other process that is not practical at the point of generation to separate recyclable and nonrecyclable materials; source-separated recyclable material that has been broken or damaged during collection, unloading, and sorting, and is no longer recyclable, such as broken glass from a public collection program; “tramp materials” that commonly accompany recyclable materials, such as glass from recyclable metal windows, nails and roofing felt attached to recyclable shingles, nails and sheetrock attached to recyclable lumber from a demolition site; and pallets and packaging materials.
Rules
- Recycling Rules – 30 TAC Chapter 328
- Municipal Solid Waste Rules – 30 TAC Chapter 330
- Table summarizing applicability of rules affecting recycling
General Requirements for All Facilities, Including Exempt Facilities
Under 30 TAC §330.11(e) , a facility that is used as a collection and processing point for only nonputrescible source-separated recyclable material is exempt from municipal solid waste permitting and registration requirements. Facilities that are owned or operated by a government or government agency or which meet the terms of certain exclusions in 30 TAC §328.4(a)
and §328.5(a)
are also exempt from municipal solid waste permitting and registration requirements. All recycling facilities, including exempt facilities must comply with the general requirements.
- Rule identifying General requirements for all recycling facilities – 30 TAC §328.3
Storage, Reporting, and Recordkeeping Requirements for Non-Exempt Facilities
Facilities that are not exempt must comply with the general requirements described above, and with the following requirements regarding storage, reporting, and recordkeeping.
Storage
-
Rule regarding limitations on storage of recyclable materials – 30 TAC §328.4
Highlights of the rule:
- Only source separated, nonputrescible recyclable materials may be accumulated or stored
- Incoming material being processed or sorted into marketable fractions must be shipped out on a schedule that prevents accumulation on site over an extended period of time
- Nonrecyclable and nonmarketable materials must be disposed of properly
- 25 percent of materials accumulated or stored 90 days from commencement of facility operation must be recycled or transferred to a different site for recycling, within 270 days from commencement of operation
- During any subsequent six-month period, at least 50 percent of materials accumulated or stored within that period must have been recycled or transferred to a different site for recycling
Reporting
-
Rule regarding reporting requirements – 30 TAC §328.5(a)-(e), and (h)
The reporting requirements include the following:
- Submitting and updating forms
- Establishing a fire prevention and suppression plan, if managing combustible materials
(The fire prevention and suppression plan shall be made available to the local fire prevention authority having jurisdiction over the facility for review and coordination.) - Establishing financial assurance, if storing combustible materials outdoors
Recordkeeping
- Rule regarding recordkeeping requirements – 30 TAC §328.5(a), (f), and (g)
Owners and operators of recycling facilities that are not exempt must keep records and make them available upon request to the Texas Commission on Environmental Quality or to local governments with territorial or extra-territorial jurisdiction over the property on which the facility is located.
The recordkeeping requirements include the following:
- Tracking material recycled or transferred
- Tracking incidental waste
Additional Reporting Requirements for Nonhazardous Materials from Industrial Sources
If you recycle source-separated nonhazardous recyclable materials from industrial sources, you should read the following information and complete the applicable forms.
- Can I Recycle Some of My Industrial or Hazardous Wastes? (RG-240)
- Notification Form for Receiving and Recycling Hazardous or Industrial Waste (Form TCEQ-0524)
– use this form if you receive nonhazardous industrial materials for recycling
- Generator Notification Form for Recycling Hazardous or Industrial Waste (Form TCEQ-0525)
– use this form if you recycle industrial materials within your industrial facility
Facilities that manage recyclable hazardous material from industrial sources must comply with applicable industrial solid waste and municipal hazardous waste requirements.
Recycling Electronic Equipment
If you want to recycle discarded electronic equipment, please see our additional information about recycling computers, televisions, and other electronics.
Financial Assurance Requirements for Recycling Facilities
If you store combustible material outdoors or your operation poses a significant risk to public health and safety, you are required by 30 TAC §328.5(d) to establish financial assurance unless your facility is excluded by §328.5(a)
. The following documents provide additional information:
- Guidelines for Complying with Financial Assurance Requirements for Recycling, Composting, and Mulching Facilities
- Financial Assurance for Recycling, Composting, and Mulching Facilities - Summary of Adopted Rules
If your recycling facility is located in Bexar County, and will store combustible material for producing mulch or compost, please be aware of additional requirements detailed 30 TAC §328.4(g).
Forms
- Notice of Intent (NOI) to Operate a Recycling Facility
- Submit Notice of Intent (NOI) to Operate a Recycling Facility online using e-Permits/Registration option in State of Texas Environmental Electronic Reporting System (STEERS)
- STEERS Login Page
(Applicants will need to create a STEERS account to complete the form online. For questions regarding the creation of a STEERS account, please contact the STEERS Program Area at 512-239-6925 or steers@tceq.texas.gov.)
- STEERS Login Page
- Submit Notice of Intent (NOI) to Operate a Recycling Facility on paper forms by mail
- Submit Notice of Intent (NOI) to Operate a Recycling Facility online using e-Permits/Registration option in State of Texas Environmental Electronic Reporting System (STEERS)
- Notification Form for Receiving and Recycling Hazardous or Industrial Waste (Form TCEQ-0524)
- Generator Notification Form for Recycling Hazardous or Industrial Waste (Form TCEQ-0525)
- Tracking material recycled or transferred
- Tracking incidental waste
For More Information
Contact us if you have questions about recycling materials from the municipal solid waste stream.