[HISTORY: Adopted by the Township Council of the Township of Stafford 4-5-1994 by Ord. No. 94-34. Amendments noted where applicable.]
This chapter may be known as the "Recycled Product Procurement Policy." Its purpose is to promote the reduction of waste and development of markets for recycled products and recyclable products by establishing preferential purchase programs applicable to all departments and contractors, thereby diverting materials from the solid waste stream and avoiding the costs of disposal for those materials.
The following terms may have the assigned definitions for all purposes under this chapter:
- One who uses goods or services for his or her or its own needs rather than to produce other goods. This does not include providers of value-added processes such as printers and converters.
- DESIGNATED RECYCLED PRODUCT(S)
- A product designated in this chapter, or designated by the purchasing agent pursuant to this chapter, that meets or surpasses the Resource Conservation and Recovery Act (RCRA) minimum recycled content standards and other criteria for qualifications as specified in this chapter.
- END PRODUCT
- An item having completed the manufacturing or converting process and having been distributed or sold to its consumer.
- MINIMUM RECYCLED CONTENT STANDARDS
- Standards that specify the minimum levels of pre-consumer waste material and post-consumer waste material content established pursuant to § 165-6 of this chapter that is necessary for designated products to qualify as designated recycled products.
- NON-CHLORINE-BLEACHED PAPER PRODUCTS
- Paper products for which the manufacturer certifies that elemental chlorine or chlorine containing compounds have not been used to bleach or otherwise process the paper used in the final end product. In the case of manufacturers who use pre-consumer waste material and post-consumer waste material to be used in end products, such manufacturers may certify that chlorine-containing compounds have not been used in the processing and production of the end product.
- POST-CONSUMER WASTE MATERIAL
- Only those materials generated by a consumer which have served their intended end use and which have been separated or diverted from solid waste. Wastes generated during production of an end product are excluded. All materials collected from residential sources in a municipal recycling program may be considered post-consumer.
- PRE-CONSUMER WASTE MATERIAL
- Materials or by-products generated after manufacturing of a product is completed, but before the product reaches the end-use consumer. Pre-consumer waste material does not include home scrap, which is those scrap materials or by-products generated by a company that can be used by the generating company or parent company.
- PURCHASING AGENT
- The individual responsible for executing contracts for the supply of goods and services.
- RECYCLABLE PRODUCT
- A product which, after its intended use, 25% of the product has been diverted from the solid waste stream for use as a raw material in the manufacture of another consumer or procurable product. For the purposes of this definition, burning or composting of products may not be considered diversion.
- RECYCLED PAPER
- A paper product with the minimum recycled content established by the purchasing agent pursuant to § 165-6B. "Recycled paper" means a paper product with not less than 50% of its total weight consisting of pre-consumer waste materials or post-consumer waste materials with not less than 10% of its total weight consisting of post-consumer waste materials.
- REUSABLE PACKAGING OR PRODUCT
- A package, product or container which can be used in place of an alternative disposable package or product and which contains or holds a depletable resource or which can be refurbished for resale and can be refilled or reused a minimum of five times by a consumer; examples include but are not limited to laser and copy machine toner cartridges, typewriter cartridges and shipping containers.
The following products may be considered as designated recycled products that can be procured if they meet the minimum recycled content standards:
Recycled paper and paper products (including but not limited to writing and copying paper, napkins, towels, toilet tissue and facial tissue).
Cement and asphalt concrete containing recycled aggregate, tire rubber or glass cullet.
Recycled concrete aggregate and asphalt.
Lubricating oil and hydraulic oil with re-refined oil content.
Retreaded and remolded tires.
Products made from recycled tire rubber, including rubber mats and playfield surfaces.
Building insulation products manufactured using recycled materials.
Recharged laser printer toner cartridges.
Reusable products or products in reusable packaging where the reusable products or packaging are alternatives to disposable products or packaging.
Lead acid batteries or rechargeable, reusable batteries.
Plastic traffic cones.
Other recycled products as designated by the purchasing agent.
All departments may practice waste reduction wherever possible. All departments may use reusable or recycled and recyclable products whenever practicable.
The purchasing agent may offer a price preference for any designated recycled product or reusable product. The agent using this option must obtain products containing the highest percentage of post-consumer content available.
Departments may, at their option, require procurement of designated reusable or recycled and recyclable products.
Departments may require their contractors and consultants (including private printers, food service vendors, etc.) to use recycled products and recyclable products in fulfilling contractual obligations.
Departments may promote the use of recycled products and recyclable products by publicizing their procurement programs and by disseminating information about recycled products.
When purchasing recycled products, all departments may maximize the procurement of recycled products that contain the highest percentage of post-consumer waste materials.
The purchasing agent may revise product procurement specifications to eliminate any specifications that require the use of virgin products or exclude the use of recycled products, unless it can be demonstrated that such specifications are necessary to protect health or safety or that recycled products could not meet necessary performance standards.
The recycled paper procurement goal for each user department, expressed as a percentage of the total value of paper purchased, may be not less than 25% by 1993, not less than 30% by 1994 and not less than 40% by 1995.
The purchasing agent and departments may ensure that the title page of all reports printed on recycled paper bears an imprint identifying the paper as recycled and contains the percentage of pre- and post-consumer content used.
All imprinted letterhead paper, copy paper, envelopes and business cards used by all departments may be recycled paper and may bear an imprint identifying the paper as recycled.
To reduce the volume of paper purchased, departments may use both sides of paper sheets used for copying and printing purposes on documents that exceed five pages in length. Departments may ensure that all staff are informed of this requirement.
The purchasing agent may review existing standards or specifications for tissue products, including but not limited to towels, toilet paper and napkins and coffee filters. The agent may only purchase non-chlorine-bleached tissue products, provided that such products fall within the price preference established by the purchasing agent.
All requests for bids and proposals issued may require that contractors and consultants use recycled paper for documents submitted to Stafford Township. Contractors doing business with the municipality may be advised of the municipality's policies regarding reusable, recycled and recyclable materials. All bids, proposals, reports and other printed materials submitted to the Township of Stafford or its agents pursuant to contractual obligations or rules and regulations promulgated by the Township may be submitted on recycled paper and recyclable paper and utilize double-sided printing. A contractor may request a waiver from this rule if compliance would be technically infeasible.
The purchasing agent may:
Establish, update and promulgate a list of designated recycled products that may be purchased by the Township whenever practicable. This list may, at a minimum, contain the products specified in § 165-3 of this chapter. The purchasing agent may add to the list required by this section designated recycled products that are not specifically listed in § 165-3 of this chapter. For purposes of this section, "whenever practicable" means those recycled products that meet quality standards set by the purchasing agent.
Adopt minimum recycled content standards for designated recycled products. Except for reusable products or packaging, minimum recycled content standards established for designated recycled products may require no less than 10% post-consumer waste material content. The purchasing agent may raise the post-consumer content standard above 10% when such an increase will result in an increase in the total utilization of post-consumer material within the products purchased, used or submitted. For goods, supplies and materials and for which the United States Environmental Protection Agency has adopted procurement guidelines under the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. § 6901 et seq., 40 CFR 248 to 250, 252, 253), as amended, the minimum recycled content standard may not be less than content standards specified in such guidelines. EPA guidelines for the purpose of procuring fly ash in concrete are specifically limited to the ash generated from coal-burning plants. In the case of printing and writing paper, the purchasing agent may set minimum recycled content standards with not less than 50% of the paper's total weight consisting of pre-consumer waste materials or post-consumer waste materials and with not less than 10% of its total weight consisting of post-consumer waste material.
Require that all copiers procured after enactment of this chapter must be able to accept recycled paper and reusable toner cartridges and make double-sided copies.
Inform departments of their responsibilities under this chapter and provide implementation assistance.
Compile and disseminate to departments information on recycled product specifications and procurement opportunities.
Assist departments in resolving problems with recycled product availability or performance.
Coordinate periodic meetings with representatives of departments to review policy requirements, communicate new procurement opportunities to departments and monitor the status of policy implementation efforts and product research results.
Publicize the successes of the procurement policy.
Evaluate supply and material usage by the department and encourage department employees to reduce waste, and hence reduce generation of solid waste.
Submit an annual report to the Township Council detailing the status of the procurement program. Said report may be submitted within 60 days following the end of each calendar year.
Each department may:
Ensure that contracts issued by the department require recycled material content wherever practicable and that contractors provide certification of both recycled and post-consumer content and report the amount used.
Report the progress of policy implementation by the department at periodic meetings with the purchasing agent, including status of product evaluations being conducted by the department and types of recycled products purchased.
Report total purchases of recycled products and nonrecycled alternative products annually to the purchasing agent.
Report total quantities of nonrecycled goods in both tons and dollars to the purchasing agent.
Report total quantities of recycled goods purchased in both tons and percentages of recycled content to the purchasing agent.
Prepare an annual report containing the above information to be submitted to the Township Council within 30 days following the end of each calendar year. The report may be made available to the public upon request.