Will CalRecycle issue a “Compliance Order” if my jurisdiction cannot demonstrate compliance with Mandatory Commercial Recycling requirements?

Jurisdictions are required to implement outreach, education, and monitoring. CalRecycle will review each jurisdiction’s compliance as a part of its review authorized under AB 939 pursuant to PRC 41825. As part of that AB 939 program review, a good faith effort determination can be reached based on the parameters identified in PRC 41850 and PRC 42649.3 (i), namely that all reasonable and feasible efforts have been made to implement its commercial recycling program.

If CalRecycle finds that a jurisdiction has failed to make a good-faith effort to implement a commercial recycling program, CalRecycle would initiate the compliance order process, just as is currently done as a part of the AB 939 review. CalRecycle will evaluate the jurisdiction’s implementation of its outreach, education, and monitoring programs during its AB 939 review of the jurisdiction’s Source Reduction and Recycling Element and Household Hazardous Waste Element. If the jurisdiction is found to not have made a good-faith effort in implementing its programs, possibly including its mandatory commercial recycling program, CalRecycle can place the jurisdiction on a compliance order, as part of the AB 939 review. If the jurisdiction fails to adequately meet the conditions of the compliance order, then CalRecycle could consider a penalty hearing, etc.

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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?