What information will businesses need to provide and who will it be provided to in order to demonstrate compliance?

AB 341 and the proposed regulation do not require businesses to keep numerical data about recycled materials, but local jurisdictions may choose to enact more stringent requirements to track recycling activities. Thus, independent of this regulation, information about recycling efforts may be requested from the jurisdiction, or by haulers or other agencies assigned to work with businesses on behalf of the jurisdiction. The information requested will assist the jurisdiction in determining the effectiveness of its education, outreach, and monitoring efforts. The jurisdiction may want to know more about what types of materials the business generates and the materials that are being recycled or otherwise diverted from disposal.

We are a major recycling company in California. We process waste generated on site as well. The remainder of the waste that has no economic value or use is treated and shipped to landfills to be used as ground cover. In essence everything we process is recycled. How do we document our efforts for the jurisdiction? Would we be exempt from the regulation?

There is no formal exemption process at the state level. The jurisdiction in which the business is located makes the determination as to whether to allow exemptions. Additionally, for this example, an exemption would not appear to be necessary as the business already is recycling and therefore would be meeting the requirements of the law.

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1. What is the definition of a “business” and which businesses are required to comply?
2. What is “commercial solid waste?”
3. Are industrial facilities/sites and waste generated at industrial facilities/sites subject to the regulation?
4. Are State facilities subject to the regulation?
5. Can you clarify what is meant by a four cubic yard threshold?
6. What activities constitute business diversion?
7. What materials do businesses need to recycle under the regulation?
8. Are school districts and municipal entities required to recycle?
9. Will airports be included in the regulation, and how will air carriers be affected by the rule?
10. Will cruise ships be affected by the regulation?
11. Are strip mall complexes that a business resides in required to recycle at a minimum level, even if many of the businesses within that complex share recycling services?
12. Is there an exact minimum amount of recycling that is required of a business or complex with shared services?
13. If there is a business that has an extensive recycling program located in a strip mall, would that business be held liable if the other tenants in the strip mall are not recycling?
14. Our sites periodically have special events, for example construction projects, that would generate more than four cubic yards for that week. Are these sites subject to the regulation?
15. My business usually generates 3 cubic yards of refuse per week, but occasionally uses a 6 cubic yard container to collect its own street sweepings. Is my business be expected to recycle this material?
16. What is meant by subscribing to a service that includes mixed waste processing that diverts recyclable materials from disposal and that yields diversion results comparable to source separation?
17. Does self-hauling include taking recyclables from a business to an employee’s or owner’s residence to recycle?
18. Can a business donate or sell its recyclables and still be in compliance?
19. What information will businesses need to provide and who will it be provided to in order to demonstrate compliance?