(a)    (1)    In this section, “recycling facility” means a facility that provides recycling services.

(2)    “Recycling facility” does not include:

(i)    A composting facility;

(ii)    A facility that requires a natural wood waste recycling facility permit in accordance with this subtitle;

(iii)    A facility that requires a sewage sludge utilization permit in accordance with Subtitle 2 of this title; or

(iv)    A facility that serves as a drop–off and collection point for residential recyclable materials.

(b)    The Department shall adopt regulations to:

(1)    Establish conditions under which a recycling facility does not require a refuse disposal permit under Subtitle 2 of this title; and

(2)    Exempt certain materials that are managed at a recycling facility from being designated as solid waste.

(c)    The regulations adopted under subsection (b) of this section may include:

(1)    Design, construction, and operational conditions for recycling facilities to protect public health and the environment and minimize nuisances;

(2)    A tiered system of permits or approvals for recycling facilities based on the material managed, the methods of management and storage, and other factors determined by the Department to be appropriate; and

(3)    Exceptions to any requirement to obtain a recycling facility permit or approval.

(d)    Sections 9–334 through 9–342 of this title and § 10–104 of this article apply to violations of:

(1)    This section;

(2)    Any regulation adopted under this section; or

(3)    Any order or permit issued under this section.