Trademark Metals Recycling Feedback to
FDEP’s Preliminary Program Recommendations for Achieving
Florida’s 75% Recycling Goal by 2020
Introduction
Trademark Metals Recycling LLC (Trademark) appreciates the opportunity to comment on
Florida’s new 75 percent recycling goal and participate as a stakeholder in programs and
methods in reaching this goal.
Trademark is the largest metal recycler in the Southeast with 17 recovered material processing
facilities in Florida. In 2008, Trademark recycled over 1.2 million tons of material, but only
542,093 tons were counted toward Florida’s Recycling Goal. Additionally, more than 100,000
tons of shredder fluff was improperly classified as waste, when it was beneficially re-used as
alternate daily cover at Florida landfills.
Recovered Materials from Automobiles Should be Counted
Florida can increase its recycling rate by properly including the quantities of recycled materials
recovered from end-of-life automobiles by materials recovery facilities in Florida. Currently,
FDEP Rule 62.722.200 (14) identifies 18 material categories of recoverable materials that can be
counted towards the Municipal Solid Waste (MSW) waste stream recycling rates. This includes
aluminum cans, steel cans, C&D debris, ferrous metals, non-ferrous metals, white goods, rubber,
textiles, and miscellaneous recoverable materials.
Recovered Material Dealers in Florida are required to report “Reported tons of recovered
materials” handled, purchased, or recovered to Counties quarterly and annually to FDEP (see
Chapter 62-722.400 Florida Administrative Code). All Trademark facilities report applicable
recovered materials of ferrous metals (i.e. Steel, sheet metal products, pipes, miscellaneous metal
scraps, and other magnetic metal items), other non-ferrous metals (i.e. scrap aluminum,
aluminum foil, and other non-magnetic metal, copper wiring and tubing, brass fixtures), and
aluminum cans (i.e. aluminum soft drink, beer, and some food cans) as required. In addition,
Trademark reports “Total Tons of Recovered Materials” received or handled and the “Amount of
Solid Waste Disposed”.
Trademark has been advised by FDEP to exclude automobiles from total recovered materials in
its annual recovered materials report. Excluding automobiles and other potentially recoverable
materials from being counted towards the recycling goal during the reporting process is
inconsistent with the definitions of “recovered materials”1, “recyclable material”2, and
“recycling”3 in F.A.C. Chapter 62-722.200 (9) and F.S. 403.703 (24), and the Legislative goals
contained within F.S.403.7032 (1)(2)&(3)4. The Legislature concludes that maximum recycling
and reuse of such resources (i.e. “to economically recover materials and energy resources from
solid waste5”) are considered high-priority goals of the state, not just MSW.
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Recovered materials from automobiles should be counted towards recycling rates because they
are ultimately being diverted from waste management disposal facilities. Recovered automobiles
belong to the category of ferrous metals and are similar to other materials such as white goods
and/or automobile components that are currently being counted. Limiting the tracking to only
certain recovered materials by guessing whether they would end up in the MSW streams does
not accurately reflect the true recycling rates of Florida’s Solid Waste Management System.
Note that in 2007, FDEP instituted and funded the “Innovative Recycling & Waste Reduction
Grants” that broadened the focus of funding to include all solid wastes, not just MSW.
Shredder Fluff is not “Disposed of Waste” When Beneficially Re-Used as Landfill Cover
The FDEP should not consider shredder fluff as a “solid waste material” if it is beneficially reused as a substitute for a natural resource (cover soil) at landfills. FDEP, along with many other
states has approved shredder fluff for beneficial re-use as alternate daily cover. Not only should
these tons of material not be counted as “tons of waste disposed of”, but they should also be
exempted from any proposed additional “tipping fee” to fund recycling. It is counterproductive
and perverse to tax recycling in order to promote recycling. Shredder fluff could also be counted
towards the recycling rate. Last year, more than 100,000 tons of shredder fluff was beneficially
re-used as alternate daily cover in Florida. But these tons were improperly counted as waste.
Conclusion
In conclusion, Trademark recommends that FDEP should: (1) Count recoverable metals from
recycling of automobiles, and (2) Not classify fluff as a waste or tax this material when re-used
in landfills for daily cover.
This is also an example to address one of the program components involving the “Evaluation of
why the existing waste management and recycling programs in the state have not been better
used”. As an active participant and stakeholder, it is recommended that the FDEP move forward
to develop a solid waste management system that captures a higher percent recovery of our
MSW and non-MSW sources and that we utilize this information to include traditionally
recycled materials as well as nontraditional materials generated by residential, commercial,
industrial, and governmental sectors in Florida and that this be incorporated in the
Comprehensive Recycling Program proposed to the Legislature in January 2010. This will
enable us to count our commonly generated solid wastes recycled and recoverable materials to
identify and capture and account for un-recovered materials by type, adjust recovery objectives,
and maximize the effectiveness of recycling along with source and waste reduction programs for
traditional and non-traditional materials. Recycling rates should include all recoverable
materials especially automobiles and fluff toward the long term recycling goals since
recovered materials “return valuable materials to productive use and save natural resources”.
This could boost Florida’s recycling rates by up to 5%, another significant contribution to the
long term recycling goal. Thank-you from a native Floridian for your consideration of
Trademark’s concerns and increasing the awareness of future issues facing Florida citizens.
By Karen Rider, CHMM
Environmental Manager
Trademark Metals Recycling LLC
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December 7, 2009
Footnotes:
1
Definition under F.A.C. 62-722.200 (9) and F.S. 403.703(24) for "Recovered materials" means metal, paper,
glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have
been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each other, but the term
does not include materials destined for any use that constitutes disposal. Recovered materials as described in this
subsection are not solid waste.
Definition under F.S. 403.703 (26) “Recyclable material” means those materials that are capable of being
recycled and that would otherwise be processed or disposed of as solid waste.
2
Definition under F.S. 403.703 (27) “Recycling” means any process by which solid waste, or materials that would
otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of
raw materials or products.
3
4
Under F.S. 403.7032 (1) (2) &(3):
(1) “The Legislature finds that failure or inability to economically recover material and energy resources from
solid waste results in the unnecessary waste and depletion of our natural resources. As the state continues to
grow, so will the potential amount of discarded material that must be treated and disposed of, necessitating the
improvement of the solid waste collection and disposal. Therefore, the maximum recycling and reuse of such
resources are considered high-priority goals of the state.”
(2) “By the 2020, the long-term goal for the recycling efforts of state and local governmental entities, private
companies and organizations, and the general public is to reduce the amount of recyclable solid waste
disposed of in waste management facilities, landfills, or incineration facilities by a statewide average of at
least 75 percent.
(3)…. Under the program, recyclable materials shall include, but are not limited to, metals, paper, glass,
plastic, textile, rubber materials, and mulch.
Definition under F.S. 403.703 (32) “Solid waste” means sludge unregulated under the federal Clean Water Act or
Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility,
or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental
operations. Recovered materials as defined in subsection (24) are not solid waste.
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