(a) This subchapter does not apply to:
  (1) a school district with a student enrollment of less than 10,000 students; and
  (2) a municipality with a population of less than 5,000, if compliance with this subchapter would create a hardship.
(b) A governmental entity may exclude one or more recyclable materials from their program if the commission finds that:
  (1) a recycling program for a recyclable material is not available through their solid waste provider; or
  (2) the inclusion of a recyclable material would create a hardship.
(c) A governmental entity may request additional consideration from the commission if compliance with this subchapter would create a hardship.

Source Note: The provisions of this §328.204 adopted to be effective April 1, 2021, 46 TexReg 2046