State of New Jersey
Executive Order #34

Governor James J. Florio

WHEREAS, the New Jersey Source Separation and Recycling Act, P.L. 1987, C.102, mandates the recycling of solid waste materials for the purpose of reducing the amount of solid waste requiring disposal, conserving valuable resources and energy, and increasing the supply of reusable waste materials for New Jersey's industries; and

WHEREAS, State solid waste policy calls for the recycling of at least 60 percent of all solid waste generated in New Jersey within five years; and

WHEREAS, attainment of a 60 percent Statewide solid waste recycling rate will depend on the support and cooperation of every sector of the State economy, including State agencies and instrumentalities; and

WHEREAS, State agencies and instrumentalities should serve as models for other public and private entities in the areas of source reduction and recycling so that the reduction of solid waste and recovery of reusable materials will be promoted to the greatest extent possible; and

WHEREAS, State agencies and instrumentalities generate a significant amount of recyclable waste material and have the potential to reduce that waste through source reduction and recycling efforts;

NOW, THEREFORE, I, JIM FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and Statutes of this State, do hereby Order and Direct that each State agency or instrumentality:

1. Appoint a recycling coordinator who will be responsible for coordinating the implementation of a Source Reduction and Recycling Program for waste materials generated by its agency.

2. Conduct a waste audit, with the assistance of the Department of Environmental Protection (DEP), for the purposes of identifying and implementing practices which can reduce the amount of solid waste generated, and increase the recycling rate for the agency or instrumentality to at least 60 percent within five years of the effective date of this Order. Where an agency or instrumentality determines, based on its analyses, that a 60 percent recycling rate cannot be attained due to the unique nature of its waste stream and specific technical or economic constraints, the agency or instrumentality shall submit to the Governor's Office and the Department of Environmental Protection, written analyses that identify the technical or economic constraints preventing the attainment of the 60 percent recycling rate, and specify the maximum feasible recycling rate to be achieved by the agency or instrumentality within five years.

3. Develop and maintain programs to separate waste materials for recycling, and consider the inclusion, in these programs, of at least the following material types: office paper, corrugated cardboard, newspaper, metal cans, glass bottles, and plastic beverage containers.

4. Where the agency or instrumentality generates scrap metal, motor oil, refrigerants, tires, automobile batteries, anti-freeze, x-rays, photographic film and chemicals, concrete, asphalt, yard waste or food waste, develop and maintain programs to separate these materials for recycling or, as appropriate, composting.

5. Where the agency or instrumentality has responsibility for maintaining public lands, comply with the Department of Environmental Protection's "Grass: Cut It and Leave It" policy.

6. Where the agency or instrumentality has responsibility for maintaining State recreational areas, provide separate receptacles for the disposition and collection of metal, glass and plastic containers and ensure that those materials are marketed for recycling.

7. Provide for two-sided printing of all publications, documents, and photocopying where feasible. Each office shall have at least one photocopying machine with two-sided features and the capability of utilizing recycled paper.

8. Where feasible, replace disposable products with reusable products, especially in those instances where a class of disposable products accounts for a significant proportion of the solid waste disposed of by the agency or instrumentality.

9. Submit an annual report to the Department of Environmental Protection on the tonnage of material recycled from its facilities by April 1 for the previous calendar year.

10. Submit tonnage information to the municipality in accordance with municipal requirements.

11. Provide for an education program for employees on the State's Source Reduction and Recycling Program.

I further direct that the Department of Environmental Protection:

1. Provide technical assistance to help State agency coordinators develop and implement the programs mandated by this Executive Order; and

2. Assist other agencies and instrumentalities in the development and implementation of educational programs; and

I direct that the Department of Treasury:

1. Ensure that all solid waste contracts written for solid waste collection and disposal include provisions that reflect a reduction in waste generation rates achieved through source reduction and recycling, and provisions that ensure conformance to county and municipal recycling requirements.

2. Require contract vendors to provide tonnage and revenue reports to each agency or instrumentality.

3. Ensure that all contracts for leased and owned buildings under the jurisdiction of the Department of Treasury provide for source separation and recycling programs.

4. Ensure that all janitorial contracts awarded by the State include recycling collection services, where feasible.

5. Establish a revolving fund, consisting of monies derived from the contracted sale of recyclable materials, to be used in supporting State agency recycling programs. It is further ordered that at least ten percent of the total fund be allocated to the Office of Recycling in the Department of Environmental Protection to support educational and technical assistance programs needed to develop and maintain State agency recycling programs. Any revenue derived from the sale of recyclable materials sold as part of a training and education program for the rehabilitation of individuals at State institutions may be used to provide direct support for these programs.

This Order shall take effect immediately.

GIVEN, under my hand and seal this
13th day of June in the Year of Our
Lord, one thousand nine hundred and
ninety-one, and of the Independence
of the United States, the two hundred
and fifteenth.

/s/ James J. Florio


Andrew Weber
Chief Counsel to the Governor