SECTION 117.6. Delegation of Responsibility

(a) The Commission may delegate responsibility for maintaining a paper recycling program to agencies located outside of Travis County in state buildings that are under the Commission's control, if they have demonstrated they have met and can continue to meet the following standards:

(1) compliance with Commission guidelines regarding the proper separation and disposal of waste paper in appropriate recycling containers;

(2) the paper recycling coordinator actively monitors and trains employees according to Commission procedures on disposal of contaminants found in recycling containers;

(3) development of a paper recycling contract to sell paper to the highest bidder;

(4) adequate staff and equipment to transport the waste paper to the purchasing vendor;

(5) Commission standards, procedures and guidelines for the Mandatory Paper Recycling Program continue to be followed; and

(6) the agency has continuously maintained a designated recycling coordinator.

(b) An agency seeking delegated responsibility to operate a paper recycling program shall make written application to the Commission, in a format prescribed by the Commission. The application should include the agency's justification for the requested delegation and documentation that the standards of this section have been met or exceeded.

(c) The Commission shall determine if the standards for delegation have been met and are in the best interest of the State. The Commission shall submit a written response to the requesting agency. The Commission's decision shall be final for the fiscal year in which the application was made.

(d) An agency that has been delegated responsibility to administer a paper recycling program that fails to follow the Commission's standards, procedures, and guidelines shall forfeit the delegated responsibility upon notice from the Commission. The Commission shall include the basis of the decision in the notice.

(e) Agencies that have been delegated responsibility to administer their own paper recycling program shall provide the Commission with quarterly reports stating the quantity of paper recycled and sold, the revenue received by the agency, and their expenses in administering the program. Reports shall be forwarded to the Commission no later than forty-five (45) days after the end of each fiscal quarter.

Source Note: The provisions of this §117.6 adopted to be effective May 12, 2010, 35 TexReg 3638