Minimum Recycled Content Requirements for Virginia: One Solution to the Solid Waste Crisis
By Catherine M. Myers
INTRODUCTION
The increasing amount of solid waste generated in the United States poses serious disposal problems for municipalities. Faced with diminishing landfill capacity and rising landfill costs, cities and counties must find alternate methods to dispose of their solid waste. Recycling is one of the most promising and popular possible solutions. By diverting materials from the waste stream, recycling reduces the volume of solid waste requiring disposal. However, the huge increase in local recycling programs has led to an oversupply of recyclable materials, without a corresponding increase in demand. This disparity has led to more problems for localities, forcing communities to divert money from other local projects to pay for recycling programs. One solution to this problem is for government to stimulate demand for recyclable materials. By requiring that products sold in a state contain a certain minimum content of recycled material, a state can boost demand by forcing industry to purchase such recyclable materials.
This Note proposes model legislation establishing minimum recycled content requirements for certain products sold in the Commonwealth of Virginia. Part II provides background information, including a description of the solid waste crisis and traditional methods of waste disposal. Part III evaluates recycling as a possible solution to the solid waste crisis. Part IV examines whether the municipal waste problem should be addressed on the national or state level, concluding that it should be regulated on the state level. The section then reviews the current status of Virginia's recycling provisions. Part V proposes model legislation, the Minimum Recycled Content Act of 1994, as a possible solution to the solid waste crisis. The model legislation proposes minimum recycled content requirements for newsprint, glass, plastic and aluminum. Finally, Part VI concludes that such state legislation, while not the optimal solution to the solid waste crisis, is the best solution, given federal inaction and the current state of the market for recyclable products. The text of the proposed legislation appears in the Appendix following this Note.
The increasing amount of solid waste generated in the United States poses serious disposal problems for municipalities. Faced with diminishing landfill capacity and rising landfill costs, cities and counties must find alternate methods to dispose of their solid waste. Recycling is one of the most promising and popular possible solutions. By diverting materials from the waste stream, recycling reduces the volume of solid waste requiring disposal. However, the huge increase in local recycling programs has led to an oversupply of recyclable materials, without a corresponding increase in demand. This disparity has led to more problems for localities, forcing communities to divert money from other local projects to pay for recycling programs. One solution to this problem is for government to stimulate demand for recyclable materials. By requiring that products sold in a state contain a certain minimum content of recycled material, a state can boost demand by forcing industry to purchase such recyclable materials.
This Note proposes model legislation establishing minimum recycled content requirements for certain products sold in the Commonwealth of Virginia. Part II provides background information, including a description of the solid waste crisis and traditional methods of waste disposal. Part III evaluates recycling as a possible solution to the solid waste crisis. Part IV examines whether the municipal waste problem should be addressed on the national or state level, concluding that it should be regulated on the state level. The section then reviews the current status of Virginia's recycling provisions. Part V proposes model legislation, the Minimum Recycled Content Act of 1994, as a possible solution to the solid waste crisis. The model legislation proposes minimum recycled content requirements for newsprint, glass, plastic and aluminum. Finally, Part VI concludes that such state legislation, while not the optimal solution to the solid waste crisis, is the best solution, given federal inaction and the current state of the market for recyclable products. The text of the proposed legislation appears in the Appendix following this Note.
