(a) Annual rates. Annually, the executive director shall determine the statewide recycling rate and, when possible, the waste stream reduction and per capita waste generation rates. Also, when possible, the executive director shall determine the rates for specific materials and for particular geographic areas of the state.

(b) Recordkeeping. Processors, handlers, and collectors of recyclable materials are encouraged to report and keep appropriate records to facilitate measuring recycling rates. The executive director shall protect confidential information received from these businesses to the extent authorized by law.

(c) Multiple counting. Diligence shall be practiced in collecting and reporting information to prevent multiple counting of any materials. Usually, materials will be counted as they are transferred to a recyclable material end-user or consumer in the state or as they are transferred out of state. The quantities of materials rejected and disposed of by the end-user shall be deducted from the quantities counted for recycling.

(d) Required minimum information for reporting. The following information at a minimum shall accompany the reporting of recycling rates for clarification:

(1) report area or geographic area covered by the report;

(2) reporting period - the year or portion of a year covered by the report;

(3) tons of each material, categorized per subsection (e) of this section, recovered or diverted for recycling from the total municipal solid waste stream generated within the report area during the report period;

(4) tons of municipal solid waste generated within the report area during the report period;

(5) tons of municipal solid waste generated during the report period within the report area but disposed of outside the report area;

(6) tons of municipal solid waste generated outside the report area but disposed of inside the report area during the report period;

(7) average populations within the report area during the report period and the base year, 1990; and

(8) the calculated recycling, waste stream reduction, and per capita waste generation rates using the formulas contained in §328.9 of this title (relating to Recycling, Waste Stream Reduction, and Per Capita Waste Generation Rates).

(e) Materials recovered or diverted for recycling. To the extent possible, materials recovered or diverted for recycling shall be reported according to the following categories, using the major categories when finer detail is not possible:

(1) food waste;

(2) glass: (A) glass containers; (B) plate glass; and (C) other glass;

(3) leather and hides;

(4) metal: (A) aluminum: (i) cans and containers; and (ii) other aluminum; (B) ferrous metal: (i) steel cans and containers; and (ii) other ferrous metal; (C) other nonferrous metal;

(5) paper and paperboard: (A) computer printout; (B) white ledger; (C) colored ledger; (D) old corrugated cartons/kraft; (E) old newspaper; (F) printers' waste; (G) old magazines; (H) mixed paper; and (I) other paper and paperboard;

(6) plastic: (A) plastic containers: (i) polyethylene terephthalate (PET, or Code 1 plastic); (ii) high density polyethylene (HDPE, or Code 2 plastic); (iii) polyvinyl chloride (PVC, or Code 3 plastic); (iv) low density polyethylene (LDPE, or Code 4 plastic); (v) polypropylene (PP, or Code 5 plastic); (vi) polystyrene (PS, or Code 6 plastic); and (vii) other plastic containers (Code 7 plastic); (B) mixed plastic; and (C) other plastic;

(7) rubber;

(8) textiles and apparel;

(9) wood;

(10) yard debris; and

(11) other materials, not included elsewhere: (A) asphalt pavement; (B) appliances; (C) batteries: (i) household; and (ii) lead-acid; (D) construction-demolition debris; (E) hazardous household materials; (F) municipal sludge; (G) tires; (H) used oil and oil filters; (I) other inorganic materials; (J) other organic materials; and (K) other municipal solid waste materials.

(f) Units. All materials shall be reported in dry tons. For those materials normally measured by volume, the report shall indicate the volumetric quantity and the multiplier used to convert to weight in dry tons.

(g) Recycling credit limits. Except for lead-acid batteries, only the amount recycled in addition to 1990 quantities can be credited toward the state recycling goal for materials with an individual recycling rate greater than 80% in the base year, 1990.

Source Note: The provisions of this §328.8 adopted to be effective September 5, 1999, 24 TexReg 6761; amended to be effective September 12, 2002, 27 TexReg 8561