(a) Permits for recycling facilities shall be divided into five classes, as follows:
Class I facilities are recycling facilities which contain receptacles for the collection of Type A and Type B recyclable materials only. Manual separation only of Type A and Type B recyclable materials shall be permitted at a Class I facility.
Class II facilities are recycling facilities for the collection of Type A and Type B recyclable materials only. Class II facilities may perform any activity permitted in a Class I facility and may also perform processing.
Class III facilities are recycling facilities for the collection of Type A and Type B recyclable materials only. Class III facilities may perform any activity permitted in a Class II facility and may also engage in composting.
Class IV facilities are divided into Class IVA facilities and Class IVB facilities. Class IVA facilities are recycling facilities for the collection of Type A and Type C recyclable materials only. Class IVA facilities may engage in processing, such as cleaning, bundling, compacting or packing of recyclable materials, and may also dismantle, either manually or with the use of small power tools used vehicles and used vehicle parts for resale. Class IVB facilities are recycling facilities for the collection of Type A and Type C recyclable materials only. Class IVB facilities may perform any activity permitted in a Class IVA facility and may also engage in the shredding, crushing or other large-scale processing of vehicles.
Class V facilities are recycling facilities for the collection of Type D recyclable materials only. Manual sorting and temporary storage only of Type D recyclable material shall be permitted at a Class V facility.
(b) No recycling facility permitted or required to be permitted under this section shall engage in the recovery of materials for fuel in combustion or energy production processes. However, this subsection shall not prohibit any such recycling facility from recovering and using biogas or other fuel generated as a byproduct of a recycling activity, as approved by the commissioner, while the facility is otherwise primarily engaged in recycling.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 2-9-11, p. 112149, § 17; Amend Coun. J. 10-16-13, p. 61664, § 1)