2007 Recycling and Waste Reduction Report

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Executive Summary

Nevada has continued to make progress to achieve consistent performance in waste reduction since recycling goals were adopted in 1991. Statutory requirements have largely been met, however some recycling program components need strengthening in order to reach the desired goal of recycling at least 25% of Nevada's solid waste. Carson City, Douglas County, and Washoe County have all made significant progress toward or exceeding the goal. Clark County has not yet been able to realize substantial gains in recycling since implementing statutory curbside programs more than ten years ago. In no small part, this is due to the explosive population growth that has strained many of Clark County's resources.

The Nevada Division of Environmental Protection continued an extensive program to educate, promote, and encourage solid waste reduction and recycling by funding many public agencies and nonprofit groups across the state using Nevada Division of Environmental Protection's allocation from the solid waste management account. Additionally, during this period the United States Environmental Protection Agency, Region 9 (EPA) committed $50,000 for recycling projects in Clark County aimed at promoting public building and commercial recycling within the county.

Developing markets for recyclable materials in Nevada remains a challenge. Additional resources and recycling mandates are essential for future development of a viable statewide recycling marketplace. The state recycling program remains committed to help develop and maintain the economic strength of recycling in Nevada. Years of focus on attracting businesses that use post-consumer feedstock in their manufacturing process have yielded modest results. Efforts to improve the economic viability of recycling in Nevada might best be invested in processing operations. The rapidly growing population and diversification of Nevada's economy make the collection and recycling of materials from the commercial sector increasingly attractive.

The Nevada Division of Environmental Protection also believes renewed emphasis on environmentally-preferable procurement and recycled-content products is necessary at the state and local public agency level to encourage markets for recyclables. A conscious decision to support sustainable and efficient products and goods needs to be made by all government branches.

For more information concerning recycling in Nevada and this report contact one of the following individuals:

Chester Sergent
Northern Nevada Recycling Coordinator
Nevada Division of Environmental Protection
901 S. Stewart St, Suite 4001
Carson City, NV 89701-5249
(775) 687-9466		 Kathryn Fergus
Southern Nevada Recycling Coordinator
Nevada Division of Environmental Protection
1771 E. Flamingo Rd, Suite 121-A
Las Vegas, NV 89119-0837
(702) 486-2850, ext. 251


1.0 RECYCLING LEGISLATION

1.1 Reporting Mandates

This report is being submitted to the Legislative Counsel Bureau in accordance with Nevada Revised Statute (NRS) 444A.070, which requires the Director of the Department of Conservation and Natural Resources to submit a biennial report on the status of current and proposed programs for recycling and reuse of materials on or before January 31 of each odd-numbered year.

This Recycling and Waste Reduction Report was prepared by the staff of the Recycling Program at the Department of Conservation and Natural Resources, Nevada Division of Environmental Protection. The report was printed on recycled content paper and placed in a report cover made from recycled material, as well. The report contains information about recycling in Nevada during state fiscal year 2003 - 2005 including tire revenue distribution, status of recycling by county, recycling rate information, recycling market development, and more. For information prior to 2003, please refer to previous recycling reports found on the Nevada Division of Environmental Protection web site at http://ndep.nv.gov/recycl/status.htm.

The State recycling rate is calculated from the data in annual reports that flow from recycling centers to their municipality then on to the Nevada Division of Environmental Protection, in accordance with Nevada Administrative Code (NAC) 444A.135 and 444A.140. The annual reports identify the quantities of recyclable materials processed by the recycling centers during the previous calendar year.

1.2 Legislation Overview and Summary

Nevada recycling statutes began with passage of Assembly Bill (AB) 320 in the 1991 legislative session. AB 320 established solid waste recycling requirements for certain municipalities, a statewide goal of recycling at least 25% of the solid waste generated, a preferential procurement policy for goods made of some recycled-content materials; and, directed the Nevada Division of Environmental Protection to provide a program of education and technical assistance to the public and municipalities concerning recycling.

AB 320 was promulgated in NRS Chapter 444A and with the authority created by these statutes, the State Environmental Commission adopted regulations to fulfill the bill's mandates in NAC Chapter 444A. Several sections of the NRS contain information regarding recycling, purchasing recycled content products, solid waste statutes, etc., and the statutes contain a section that is entirely devoted to recycling, reuse and waste reduction. These statutes can be found in NRS 444A.010 through NRS 444A.110.

One of the most telling statutes that speaks to the current status of recycling in Nevada is NRS 444A.040. This statute requires municipalities to establish different levels of recycling services depending upon their population. In 1991, when NRS 444A.040 was created, the statute required municipalities with over 40,000 people to provide curbside recycling and household hazardous waste disposal programs. Municipalities between 25,000 and 40,000 were required to provide recycling drop-off centers, rather than curbside collection, but still required to provide household hazardous waste disposal programs. Municipalities below 25,000 were encouraged to offer recycling and household hazardous waste programs as they could.

Since passage in 1991, NRS 444A.040 has been relaxed twice, each time, by raising the population thresholds required to trigger the different levels of recycling services provided. In 1995 the population threshold of 40,000 was increased to 100,000 and in 2001 the 25,000 threshold went to 40,000 people. Currently, with the new thresholds there are two counties in Nevada over 100,000 people (Clark and Washoe counties) and three counties over 40,000 but less than 100,000 (Carson City, Douglas and Elko counties), and the remaining counties have populations below 40,000. Population estimates used to determine compliance are that of the most recent decennial census, per NRS 0.050. In accordance with the state demographer's 2005 estimates, Nevada now has two additional counties (Lyon and Nye) that exceed the 40,000 population threshold, but they will not be required to comply with NRS.444A.040 until after the next census in the year 2010, if their population is still above 40,000.

Three counties in Nevada offer curbside recycling service to its residents: Washoe, Carson and Clark counties. Although Carson City is below the 100,000 population threshold requiring curbside recycling, at the time the program was implemented, curbside recycling was required of a county of Carson City's size (40,000).

Funding for these statutory mandates was established by the creation of a $1 surcharge on the retail sale of all new vehicle tires in the state. Originally designated the "Account for Recycling", the statute was subsequently amended to prevent closure of this account on a sunset date of March 15, 1993 and was renamed the "Account for Solid Waste Management". The "Account for Solid Waste Management" funds all solid waste regulatory programs in the state, not just recycling. This includes solid waste disposal site permitting and facility inspections and monitoring. As such, the revenues from this account are disbursed among the three solid waste management authorities in the state; the Nevada Division of Environmental Protection, the Southern Nevada Health District (formerly Clark County Health District); and the Washoe County District Health Department.

Legislation was promulgated in NRS Chapter 444A during the 2005 legislative session giving the Nevada Division of Environmental Protection authority to award grants and with the creation of these statutes, the State Environmental Commission adopted regulations to fulfill the bill's mandates in NAC Chapter 444A. The new regulations adopted by the State Environmental Commission, which became effective in 2006, can be found in NAC 444A.600 through NAC 444A.655.


2.0 STATUS OF RECYCLING IN NEVADA

2.1 Solid Waste Disposal Trends

Table 2-1 below shows the tonnages of municipal solid waste reported disposed of in permitted Nevada solid waste disposal sites from state fiscal year 2003 to 2005. Wastes categorized as "industrial & special" include several types of solid waste, which have specific management requirements for permitted landfill disposal in Nevada, but by weight, typically about 90% of these wastes are debris from construction and demolition projects (wood, concrete, asphalt, drywall, etc.).

The total tons of solid waste disposed of in Nevada continued to grow during 2003 to 2005 at approximately 8-9% per year. The municipal solid waste disposal from in-state sources continues to increase largely due to our statewide population growth over the past few years. Large construction projects like the train trench project in Reno and numerous housing developments all contributed to an increase in the Industrial and Special Waste category. Municipal solid waste disposal from Out-of-State Sources declined in this period due to economic changes (i.e., fluctuations of disposal rates in exporting states) and regulatory issues in exporting states.

2.2 Recycling Rate and Trends

Reporting of recycled materials has been a challenge since the requirement to report was first adopted in regulation by the State Environmental Commission in 1992. The structure of the current reporting system is defined in regulations NAC 444A.135 and 444A.140. NAC 444A.135 requires a recycling center located in a municipality with an approved recycling program (i.e., a municipality with a population of 40,000 or greater) to submit a report of the number of tons of each material recycled by the center in the preceding year. These reports are to be submitted to the municipality or health district in which the recycling center is located by February 15 of every year. NAC 444A.140 requires a municipality with an approved recycling program to submit a report to Department of Conservation and Natural Resources including the tons of material recycled or diverted from landfill disposal in the previous calendar year and the tons of material disposed of in landfill or other disposal facility by the municipality in the previous year. This report is due to the Department by April 1 of every year.

While the Nevada Division of Environmental Protection has attempted to collect this data from the affected counties and health districts since the regulations were implemented, it has accomplished this task with varying degrees of success. Several jurisdictions have worked very hard to fulfill this regulation, notably Carson City, Southern Nevada Health District, Douglas County, and Washoe County District Health Department have all made significant efforts to collect and transmit complete and accurate data regarding recycling to the Nevada Division of Environmental Protection on a yearly basis. The ability of the Nevada Division of Environmental Protection to report and publicize recycling rates for the state and individual counties is primarily due to these efforts.

However; these jurisdictions, as well as jurisdictions that have not reported consistently, have indicated that meeting this regulation is a burden to their staff and resources. They have indicated that getting participation from the individual recycling centers and compiling and verifying the data is the biggest challenge.

The annual Southern Nevada Health District recycling reports have not been compilations of all recyclers in their jurisdiction as only one company has submitted data during the 2003-2005 periods. The only data reported has been by Republic Services of Southern Nevada, the primary franchisee providing garbage collection and hauling to residences and public agencies in Clark County. The Republic Services of Southern Nevada recycling report represents the recyclable material collected in the curbside program and by the few commercial clients that are provided paper recycling by the company. The Nevada Division of Environmental Protection continues to work with the municipalities in Clark County to obtain data from the private recyclers. Clark County's reported annual recycling rate has been below those reported by Carson City, Douglas and Washoe County.

The rate has been an issue in Clark County and as a result the County Commissioners created an advisory committee in 2005, the Southern Nevada Recycling Advisory Committee, to evaluate the existing program and provide suggestions on increasing collection in Clark County. The Nevada Division of Environmental Protection's staff serves on the committee and has provided research information and technical assistance to the advisory committee.

The Nevada Division of Environmental Protection's recycling staff is also actively working with Washoe County Health District and Southern Nevada Health District staff to increase efficacy in the recycling reporting process by providing on-line forms to help increase the reporting in the region. The Nevada Division of Environmental Protection, Washoe County Health District, and Southern Nevada Health District are also working together to distribute reporting materials and information to the various recyclers in the region. To further improve the reporting process, the Nevada Division of Environmental Protection, Washoe County, Southern Nevada Health District, and EPA adopted a standardized recycling reporting form (Appendix A).

Based on the information reported, the table below provides a summary of the state recycling rates for calendar years 2003-2005. There are various private recycling companies operating in Clark County not reporting their recycling data. Those numbers are not included but may be significant enough to increase the annual recycling rate. Nevada Division of Environmental Protection staff continues to work with private recyclers to report their numbers.


2.3 Recycling Market Development

Recycling market development continues to be a challenge in Nevada. Some of these challenges include: encouraging manufacturers who use recycled material to relocate in Nevada; convincing existing manufacturers to continue to use or switch to recycled feedstock; low disposal fees; a lack of businesses in Nevada that process locally recycled materials; long distances to markets for recyclable material; and small quantities of good quality recycled materials available locally.

One hindrance to developing recycling markets in Nevada is the cost of doing business (operating, transportation, etc.) where the supply of recyclables is not steady. If new and existing manufacturers in Nevada were encouraged to use locally recycled materials, the cost to transport materials would decrease and collection programs for the specific materials may expand. The Nevada Division of Environmental Protection continues to encourage recycling market development and plans to work with EPA to learn about successful strategies in other states. The Nevada Division of Environmental Protection will support legislation to make more recyclable materials and resources available.


3.0 RECYCLING PROGRAMS AND INITITIVES

3.1 Recycling Contract Program

3.1.1 Funding

As discussed in Section 1.2, state recycling programs are funded by a $1 tax on the purchase of each new retail tire sold in Nevada. By statute (NRS 444.616), these funds are deposited in the Solid Waste Management Account and the funds are divided four ways as follows; 44.5% to the Department of Conservation and Natural Resources, 30% to the board of health of the largest health district in the state (Clark County), 25% to the board of health of the second largest health district in the state (Washoe County), and 0.5% to the Department of Taxation. Table 3-1 below shows the allocation of revenues from the Solid Waste Management Account between the four jurisdictions and the total revenues collected for the three year time period from state fiscal year 2003 to 2005. Except for the Department of Taxation, the Solid Waste Management Account revenues listed in Table 3-1 are used to support each agency's entire solid waste management program in their respective jurisdiction including recycling.


As mentioned above, each solid waste management authority's recycling program is funded with a portion of their Solid Waste Management Account revenue. The Nevada Division of Environmental Protection recycling program receives approximately 60% of the Department of Conservation and Natural Resources' Solid Waste Management Account revenue. Of the 60%, the recycling program allocates two thirds of the revenue for operating expenses and one third to fund recycling contracts/grants. Table 3-2 lists the amount obligated for recycling contracts each year, of this reporting period, including balance forward adjustments.


In addition to revenue from the Solid Waste Management Account, funding was made available through an assistance grant from the EPA. In October 2003 the EPA awarded the Nevada Division of Environmental Protection a $35,000 grant to promote recycling at public and commercial buildings in Clark County by developing information and outreach to government and business contacts and organizations. An additional $15,000 of funding was provided by the EPA during 2005 to continue our efforts to promote recycling at public and commercial buildings in Clark County.

3.1.2 Contract Administration

The Nevada Division of Environmental Protection's recycling contracts program is the primary tool used to provide resources for education on solid waste reduction and to promote reuse and recycling throughout the state. Several organizations and municipalities rely on the program to fund projects and initiatives that address a wide-range of issues related to recycling, solid waste management, and resource conservation, including household hazardous waste collection events in Douglas County, funding of the recycling programs on the University of Nevada, Reno and the University of Nevada, Las Vegas campuses, a "green-waste" clean-up in Ely following a devastating wind storm, and Christmas tree recycling in several communities around the state.

The Nevada Division of Environmental Protection entered into 29 new contracts from state fiscal year 2003 to 2005 with 24 different entities (Appendix B). Five contracts were awarded to state agencies, eight contracts to municipalities or their agents, one contract to a school district, six contracts to other public agencies, and nine to non-profit groups or private business. The average Nevada Division of Environmental Protection recycling contract from state fiscal year 2003 to 2005 was $11,200, which includes amendments and balance forward adjustments. Table 3-3 summarizes the contract distribution by region.


As discussed in Section 1.2, legislation has been promulgated in NRS Chapter 444A giving Nevada Division of Environmental Protection authority to award grants in place of contracts to enhance solid waste management facilities and increase recycling throughout Nevada. During state fiscal year 2007 the Nevada Division of Environmental Protection will begin issuing grants instead of contracts through the new regulations found in NAC 444A.600 through NAC 444A.655. The Nevada Division of Environmental Protection's new grant program will streamline the administrative process.

3.2 Recycling Education and Outreach

3.2.1 Community Partnerships and Participation

The Nevada Division of Environmental Protection recycling staff participates on various committees across the state including the Southern Nevada Recycling Committee, Christmas Tree Recycling Committee, Biomass Committee, and the WASTECON Conference Committee. All of the committees are comprised of various public agencies, businesses and interest groups that are making efforts to not only meet but exceed our current recycling goal.

3.2.2 Earth Day

Earth Day events occur annually in Northern Nevada at Lake Tahoe, Truckee, Reno and Winnemucca. In Southern Nevada events are held at Summerlin, Nellis Air Force Base, Pahrump, University of Nevada, Las Vegas, and Henderson. The Nevada Division of Environmental Protection's recycling staff continues to participate in as many Earth Day events as possible across the state each year. The Nevada Division of Environmental Protection develops event themes as appropriate and keeps display boards current to more effectively educate the public about recycling and the importance of buying recycled content products.

3.2.3 Nevada Recycles Day

Nevada Recycles Day was born out of America Recycles Day, and on November 15, each year Nevada celebrates Nevada Recycles Day. Events intended to enhance recycling throughout Nevada are held at various locations around the State. For example, staff conducted events to collect electronic equipment, and mercury containing products (such as thermometers) from rural households, and to set up educational displays on the benefits of recycling. Many companies nationwide participate in this event by displaying educational information on recycling and resource sustainability in their stores.

3.2.4 Outreach to Schools

The Nevada Division of Environmental Protection has historically given recycling presentations to students throughout the state of Nevada. The presentations are designed to encourage recycling and conserving our natural resources. These presentations have been very well received and as a result, the Nevada Division of Environmental Protection decided to expand the education and outreach program by creating a 10 week curriculum that can be adapted to Grades 3-12. This curriculum is intended to develop a sense of stewardship through a series of lessons which will be aligned with the Nevada standard course of study. The curriculum is an integrated approach that meets various science, math, language arts, and social studies objectives. The 10 week program ends with an action component where the students will apply their knowledge by designing, coordinating, and implementing a school-wide recycling program.

Along with the expansion of the education and outreach program, the Nevada Division of Environmental Protection recycling staff will continue to deliver topic specific presentations at local schools on reduction, reuse and recycling to children of all ages. On average, staff delivers 6 presentations in 4 different schools to 200 students per quarter. Presentations are also made to various outdoor schools such as the Great Basin Outdoor School and the Northern Nevada Outdoor School.

3.2.5 E-Waste Collection Events

Concerns about electronic waste (better known as e-waste) are on the rise nationally. In Nevada, collection events were held in Winnemucca, Carson City and Las Vegas during the fall of 2006 as part of Nevada Recycles Day (Appendix C). A total of just over 49,000 pounds of computer equipment, 100 pounds of ink cartridges, and 200 pounds of batteries were collected across the state. The Nevada Division of Environmental Protection will continue efforts to facilitate e-waste events with Computer Corps and The Blind Center throughout the year. Additional e-waste collection events are also being planned for both Northern and Southern Nevada. These events will be held in the spring to coincide with Earth Day.

3.2.6 Nevada Division of Environmental Protection Recycling Hotline

NRS 444A.110 requires the Nevada Division of Environmental Protection to provide a toll-free telephone number for the public to assist in the dissemination of recycling information. As a result, the Nevada Division of Environmental Protection developed the Nevada Recycling Hotline and has been operating it since 1995. The Nevada Division of Environmental Protection distributes magnets at various events throughout the year promoting the Nevada Recycling Hotline. From anywhere in Nevada, the public can dial 1-800-597-5865 and get information about recycling, household hazardous waste, and environmental events throughout the state. The public also receives immediate, up-to-date answers to their recycling questions. Over the period of this report, the recycling staff responded to 500-550 calls per quarter from the general public, public agencies and private business.

3.2.7 Nevada Recyclers' Association

As part of our outreach effort, we are fostering relationships among professionals in the recycling field by facilitating meetings with the Nevada Recyclers' Association. A southern chapter was established in Las Vegas with 19 current members and the northern chapter is in the initial stages of development. The Nevada Recycler's Association group has met with the executive director of the National Recycling Coalition, and plan to join that coalition to better represent the recycling professionals of Nevada.


4.0 CONCLUSIONS

Nevada continues to make progress toward achieving the 25% recycling goal. There are many challenges to overcome before recycling will thrive in Nevada. Nevada lacks the infrastructure that will support recycling collection, processing, and manufacturing. There are no incentives for manufacturers to use locally recycled materials, nor are there incentives for local manufacturers to convert to recycled feedstock. The absence of local manufacturers that use locally recycled materials as their feedstock requires that all recyclables be transported out of state. With the relatively low population and large geographic area, the quantity of materials generated and transporting those materials to a market are challenges.

There must be adequate opportunity for recycling businesses to collect materials without the threat of violating a local municipal solid waste franchise agreement. One benefit of a franchise agreement is that waste and recyclables are managed properly. Each county has the right to award a franchise; however, it would be beneficial to recycling in Nevada if franchise agreements included language that excluded recyclable materials from exclusive collection. Franchise agreements could also require franchisees to conduct frequent public education and outreach programs. Adding this language to a franchise agreement would encourage competition among recycling businesses thereby creating a higher level of recycling services provided to local residents.

The State Purchasing Office continues to make recycled content products available, however Nevada does not have a strong "buy recycled" policy. To strengthen the buying power and use of recycled content products across Nevada, city, county and state agencies, as well as the University and Community College System that have available funds, should be required to use recycled content products. Many agencies purchase in large quantities and the combined buying power would stimulate the demand for recycled content products and in turn lower the cost. The Nevada Division of Environmental Protection continues working with State Purchasing to make more recycled content products available. Currently, Purchasing is in the contracting process to have recycled content white paper available to all public agencies in the state.

The Nevada Division of Environmental Protection is encouraged by the level of recycling effort seen around our state in a largely voluntary environment. Current statutes place the responsibility to recycle on the residential sector. Given our large tourism base, depending on the residential sector alone to meet our statutory established rate is proving difficult. Currently, there is no requirement or incentive for businesses to recycle. The commercial sector should bear some responsibility to recover recyclable materials. This would help Nevada recover more recyclable materials and increase the recycling rate. The Nevada Division of Environmental Protection would support legislation strengthening recycling and waste reduction regulations that will further encourage recycling collection, manufacturing, and the purchasing of recycled content products.

The Nevada Division of Environmental Protection will continue to provide financial support to encourage the development of recycling opportunities and recycling education programs. Our recycling staff continually endeavors to be a resource to those involved in recycling in Nevada.

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