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CRRA does not contest the right of local governments to franchise solid waste activities; however, recyclables are not solid waste.
State-mandated diversion goals can best be achieved with the cooperation and assistance of the private sector in expanding and strengthening the existing recycling infrastructure.
The materials generated by a business are constitutionally protected as private property and they should have the opportunity to reduce their disposal costs and otherwise benefit by helping to achieve state-mandated diversion goals.
The most efficient means to recycling is through free and open market competition in which generators are free to choose their recycling service, upholding their right to recycle.
As the cost of collecting recyclables may render their value negative, the collection of recyclables is a service, and the provider of a service has the right to charge for that service.
Similarly, generators should be clearly authorized to donate or sell their materials to recyclers and to pay for reuse, recycling and composting services.
"Solid waste" should be clarified to exclude recyclables, which should instead be defined as commodities, subject to a test of their residuals that ensure that wastes are not misrepresented as "recyclables".
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