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74 O.S. § 85.52. Intent of Legislature - Implementation of Act - Exemptions

  1. It is the intent of the Legislature that all state public entities comply with the provisions of the Oklahoma State Recycling and Recycled Materials Procurement Act. All political subdivisions of this state are encouraged to collect and recycle recoverable waste paper and recyclable materials to the greatest extent possible. The Office of Management and Enterprise Services shall coordinate recycling efforts among the state public entities. The Director of the Office of Management and Enterprise Services shall adopt such rules, regulations, and orders as are necessary for the implementation of the Oklahoma State Recycling and Recycled Materials Procurement Act. The rules and regulations at a minimum shall establish procedures for: 
    1. The identification, handling, hauling, storing, safety factors, and disposition of recoverable waste paper and recyclable materials; 
    2. The separation of recoverable waste paper and recyclable materials from solid waste generated by state public entities; 
    3. A system for the collection of recoverable waste paper and recyclable materials from solid waste generated by state public entities; 
    4. Assuring that the recoverable waste paper and recyclable materials are made available to private industries for collection and recycling at the greatest economic value and to the greatest extent feasible. The Office may execute multiple contracts as necessary for purposes including but not limited to serving other government entities and different geographic areas of the state. In addition to the preference provisions of Section 85.53 of this title, rules and regulations governing availability of recyclable materials shall give preference to private recyclable materials industries that operate in Oklahoma, and that will employ residents of the state to handle, transport and sort such materials; 
    5. The purchase of uncoated office paper and printed paper whenever practicable; and 
    6. Separating for the purpose of recycling all recyclable materials including but not limited to lead acid batteries, waste oil and major appliances that are generated as solid waste by state public entities.  
  2. All state public entities shall comply with the procedures and systems established pursuant to the Oklahoma State Recycling and Recycled Materials Procurement Act. 
    1. The Director may exempt any single activity or facility of any state public entity from compliance with rules promulgated pursuant to the Oklahoma State Recycling and Recycled Materials Procurement Act if the Director determines there is a lack of market availability or that it is not economically feasible to follow and comply with the procedures and systems established by the Director. 
    2. The exemption shall be for a period not in excess of one (1) year, but additional exemptions may be granted for periods not to exceed one (1) year. 
    3. The Director shall make public all exemptions together with the reasons for granting such exemptions. 

Associated Rules

  1. Adoption of recycling plan. Each state public entity shall adopt a comprehensive recycling plan to meet or exceed the legislative intent, requirements, and goals of the Act. A sample recycling plan shall be made available by the Office of Management and Enterprise Services. 
  2. Recycling plan operation. Each state public entity shall develop and operate its own recycling program, or join and participate in a joint recycling program, for the purpose of implementing its recycling plan. The results of implementation of the plan during the previous fiscal year shall be described in a report to the Director by December 31 of each year. The report shall be in a format determined by the Office of Management and Enterprise Services. 
  3. Assistance in plan development. The Office of Management and Enterprise Services shall provide assistance and coordination to state public entities in the development and implementation of recycling plans, and in the operation of recycling programs to achieve recycling objectives. 
  4. Determination of quantity and market value of recycled materials. The Office may determine whether the quantity and market value of recyclable materials, separately or in combination, in any solid waste generated by any state public entity is sufficient to make recycling economically feasible. 
  5. Joint recycling operations. The Office may operate one or more recycling programs, where it is feasible to do so, and may require state public entities to participate. The Office may determine whether any state public entity must participate in a joint recycling program with other state public entities, or may operate a partially or completely separate recycling program of its own. 
  6. Designation of agency recycling coordinator. Each state agency shall designate at least one employee as a recycling coordinator for that agency. 
    1. The Office may require the designation of additional coordinators if necessary for the efficient operation of the recycling effort. 
    2. State agencies with more than one office, shop, or working venue shall designate a recycling coordinator for each location or venue at which more than fifty employees usually work. 
    3. The Office may, at its discretion, require an agency to appoint a recycling coordinator for locations which produce large amounts of recyclable materials. 
    4. The identity and contact information for each recycling coordinator shall be submitted to the Director and shall be updated or revised as changes occur. 
    5. Recycling coordinators shall serve as contact persons with the Office for implementation of the Act and the rules in 260:85-1-3. 
  7. Representatives of entities other than state agencies. Each state public entity other than a state agency shall designate at least one employee to represent that entity in coordination with the Department for implementation of the Act and the rules in 260:85-1-3. The identity and contact information for each representative shall be submitted to the Director and shall be updated or revised as changes occur. 
  8. Exemptions. No state public entity may be exempted from complying with the legislative intent, requirements, and goals of the Act; however, the Director may grant temporary exemptions from compliance with the rules in 260:85-1-3 due to lack of market availability or economic feasibility. All requests for exemption must be made in writing and must be accompanied by documentation supporting the need for such an exemption. Any exemption granted shall be in effect for no longer than one year. 

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Oklahoma Office of Management and Enterprise Services
2401 N Lincoln Blvd.
Oklahoma City, OK 73105

 

 

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