How will jurisdictions and CalRecycle be able to evaluate the effectiveness of a program without data?

CalRecycle will be measuring if the state as a whole is meeting the goal of reducing approximately 2 to 3 million tons of solid waste from the commercial waste stream by conducting statewide waste characterization studies in 2014 and 2019.

Regarding jurisdictions’ compliance with the law, CalRecycle will take into consideration the reasons that a jurisdiction cannot provide data. However, jurisdictions should have some data to provide to CalRecycle in the Electronic Annual Report to demonstrate that they have conducted education, outreach, and monitoring activities. For example, jurisdictions should know (or have an estimate if the jurisdiction does not have a franchise system) how many businesses are located in the jurisdiction, and how many meet the threshold. The jurisdiction should also be able to determine or estimate the number of businesses that are recycling. The jurisdiction should also be able to report on how many businesses received outreach, education, and monitoring.

If jurisdictions are making a good-faith effort to provide education, outreach, and monitoring and there are things outside of their ability to control, e.g., a hauler will not provide data on businesses that meet the threshold, then CalRecycle would take this into consideration. Just as is required in the AB 939 review regarding implementing the Source Reduction and Recycling Element and Household Hazardous Waste Element programs, whether or not a jurisdiction has made a good-faith effort in complying with the commercial recycling requirement will be determined on a case-by-case basis.

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1. How will CalRecycle determine compliance with the Mandatory Commercial Recycling regulation?
2. If my jurisdiction already offers recycling to commercial and multifamily customers at no additional charge and we monitor participation rates, are we in compliance?
3. Will a generation study be required to demonstrate compliance with the regulation?
4. How will jurisdictions and CalRecycle be able to evaluate the effectiveness of a program without data?
5. How should jurisdictions collect information from businesses to determine compliance with the regulation?
6. Will CalRecycle issue a “Compliance Order” if my jurisdiction cannot demonstrate compliance with Mandatory Commercial Recycling requirements?
7. Is it the responsibility of the transfer station owner/operator to ensure compliance with the regulation, or does the jurisdiction need to establish an ordinance or landfill ban?
8. There is already a system where materials are separated from general garbage for recycling. Is that system alone sufficient to comply with the regulation?
9. Do we need to send commercial and/or multifamily waste to a mixed waste processing facility prior to landfilling to comply with the regulation?
10. Will CalRecycle consider availability of composting facilities and markets in its review?