§ 62-38. Procedures.

(a)

Owners or designated agents of nonresidential facilities and properties shall do the following to manage the materials specified in section 62-37:

(1)

Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.

(2)

Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.

(3)

Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or site locations and hours of operation, and a contact person or company, including a name, address and telephone number.

(b)

The requirements specified in subsection (a) of this section do not apply to the owners or designated agents of the facilities and properties so noted if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the department of natural resources that recovers for recycling the materials listed in section 62-37 from solid waste in as pure a form as is technically feasible.

(c)

No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in section 62-37 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

(Code 1989, § 9.06(d)(12)—(14))