Enforcement of Minimum Recycling Requirements

(1) The Department may allow the acceptance of recyclable or compostable materials where such acceptance will result in the facility not meeting the 25% recycling requirement established at 310 CMR 19.038(2)(d), with prior notification and approval of the Department, under the following circumstances: (a) the material is contaminated or is otherwise not acceptable for recycling or composting because it is commingled with solid waste, provided that the person(s) who contaminated or commingled the material with solid waste is promptly notified and take(s) necessary actions to prevent a reoccurrence of the conditions which caused the disposal; or (b) the recycling or composting operation or end user to which the restricted material is normally sent declines to accept the material or is prohibited from accepting the material as a result of an administrative or judicial order, provided that an alternative recycling or composting operation or storage facility or end user which will accept the material cannot be found within a reasonable period of time. (2) Failure to comply with approved plans submitted pursuant to 310 CMR 19.030(3) or (4) or applicable permit conditions shall constitute a violation of 310 CMR 19.000. The Department may require a modified plan to be submitted where the minimum requirement is not being achieved. NON-TEXT PAGE