Section 16-207. Regulations

a. The commissioner, upon the recommendation of
  the solid waste management board and upon the approval of the  board  of
  estimate,  may  exempt  that  portion of privately collected solid waste
  from all or some provisions of any regulations for such period  of  time
  as  is necessary and appropriate up to forty years, if the regulation of
  that solid waste  will  materially  and  adversely  interfere  with  the
  development,  financing  or  operation of any resource recovery facility
  owned or operated or being developed privately. Any  person  seeking  an
  exemption  shall do so by filing with the solid waste management board a
  petition for exemption in a form prescribed by  such  board.  Such  form
  shall  document  the  need  for  an exemption. The effective date of any
  exemptions granted may be withheld until a bona  fide,  firm,  long-term
  contract  has  been  executed for delivery of such solid waste to a safe
  and reliable facility and copy of such contract has been received by the
  solid waste management board.
    b. In the event that any resource recovery facility owned or  operated
  privately fails to adequately process or dispose of solid waste and such
  facility does not provide for alternate storage, processing or disposal,
  the  privately  collected  solid  waste exempted from regulation and not
  disposed by the facility may be made suject to any regulation for  which
  it had been exempted.
    c.  (1) Nothing herein shall be construed to prohibit or limit private
  collectors from extracting from the waste they  collect  materials  that
  have  value  to  such collectors for the purposes of recycling, reuse or
  resale.
    (2) Any regulations promulgated shall not limit the amount or type  of
  solid  waste  utilized  by  any  person  for the purposes of composting,
  materials recovery from solid waste, or operation of a recycling center.
    d. Such regulations shall  make  reasonable  accommodation  to  permit
  persons  to  deliver  solid  waste  to recycling facilities or permitted
  transfer facilities for the sole purpose  of  materials  reclamation  or
  volume reduction, provided, however, that nothing contained herein shall
  materially  impair  the  authority  of  the  commissioner to enforce the
  regulation of the residual solid waste resulting from  such  reclamation
  or volume reduction activities in accordance with this chapter.