- A. On or after July 1, 2026, a PRO, producer or group of producers may develop and operate an alternative collection program to collect and manage a specific type or types of covered material that is designed for alternative collection that is sold, offered for sale, or distributed for sale in or into the State by the producer or the group of producers.
- B. An alternative collection program or programs for a specific type or types of covered materials must be provided under an approved producer responsibility plan.
- C. An alternative collection program shall improve and provide a dedicated collection program for the applicable covered material, and may only be established for the purpose of recycling, composting, or reuse.
- D. Submittals to the Department for an Alternative Collection Program must also include an amount sufficient to cover any costs associated with analyzing the program by the Department at the time of submission. A prorated amount will be provided to the applicant by the Department.
E. Minimum requirements for Department approval of Alternative Collection Programs include the following:
- (1) Self-certification that the final destination is for recycling and is going to a responsible end market, as defined in this chapter;
- (2) Self-certification shall be reported for the previous calendar year to the Department or a PRO annually;
(3) Meeting the following convenience standards:
- (a) Provide year-round, convenient, statewide collection opportunities, including at least one drop-off collection site located in each of the 23 counties and Baltimore City;
- (b) At least 50 percent of the weight of the covered material sold or distributed in Maryland in the previous calendar year must be collected and managed according to the requirements of this regulation;
- (c) Geographically, at least 90 percent of the residents of the State shall have a collection site within a 15-mile radius;
- (d) Collection sites that count toward §E(3)(c) of this regulation shall be provided year round; and
- (e) Unless otherwise approved by the Department one additional collection site shall be established for every 50,000 residents; or
- (f) Another convenience standard approved by the Department;
- (4) Compensation shall be provided for alternative collection program siting for any program operations, including training, education and educational materials specific to that site, transportation, equipment, and reporting, with contractual approval between all parties;
(5) Program coordination shall be provided that includes:
- (a) Education and outreach;
- (b) Signage and messaging;
- (c) Collection;
- (d) Transportation; and
- (e) Reporting;
- (6) A list of collection sites shall be provided that may include special events, private sites, curbside, mail back and backhauling provided to the Department; and
- (7) Other requirements as identified by the Department during review of the alternative collection program application.
- F. An Alternative Collection Program shall submit evidence that minimum requirements have been met to the Department concurrently with annual registration.
G. Producers operating an alternative collection system are required to meet all producer requirements not explicitly exempted in this regulation including, but not limited to:
- (1) Joining a PRO and submitting all information required in this chapter for the PRO’s registration, producer responsibility plan, and annual reporting; or
- (2) Registering as an individual producer with the Department, submitting an IPP, and submitting an annual report as required in this chapter.
H. Reduced Fees Associated with Producer Responsibility Program Plans.
- (1) Alternative Collection Programs are eligible for reduced fees associated with producer responsibility plans when they meet the minimum requirements outlined in this regulation.
- (2) After initial approval of reduced fees associated with producer responsibility program plans by the Department, failure to meet any of the requirements will result in a revocation of reduced fees, and the involved producers will be required to pay obligated standard fees. The producers will also be subject to applicable penalties.
- (3) Reduced fees associated with producer responsibility program plans does not allow for reduced registration and applicable oversight fees.
Authority: Environment Article, §§ 9-1702, 9-1707, 9-2501— 9-2512, Annotated Code of Maryland
Effective date: May 25, 2026 (53:10 Md. R. 455)