Delaware recycling is ok in court

Delaware’s new plastic bottle recycling “fee” is not considered a tax and so it will continue. 

A Delaware chancery judge ruled the Universal recycling law is constitutional, so the 4 cent fee placed on plastic bottles will stand.

Those who opposed the law claimed the recycling law was first approved in the senate, but tax bills need to start in the house.

The law replaced a refundable 5 cent fee on some plastic bottles.  The new fee is not refundable and will be used to start up a state wide recycling service.

Governor Jack Markell released a statement saying, “A broad and bipartisan coalition of businesses, community groups and individuals came together to turn the possibility of statewide recycling into a reality. We’re pleased with the decision. The effort reduces waste, reduces the need for costly landfill expansions in the future and makes recycling easier for most and more available across the state.”

The law is being phased in over the next 3 years.  Waste Haulers have to begin offering single homeowners recycling pick up by September.  Apartments are phased in by January 2013 and businesses will recycle the year after that.  Eventually, the four cent fee will be rolled back when the program is up and running.

“Recycling is good for our environment and good for the economy,” said DNREC Secretary Collin P. O’Mara. “We are pleased by the Chancellor’s ruling and look forward to continuing to expand recycling in Delaware. Through this statewide effort, residents and businesses will save money, reduce pollution, and support the creation of new jobs and industries in the years ahead.”