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1. Is there a requirement for local jurisdictions to enforce the regulation?

No, the regulation does not require jurisdiction enforcement.

Primary Goal

The objective is to reduce greenhouse gas emissions by 5 million metric tons of carbon dioxide equivalent, which equates to roughly an additional 2 to 3 million tons of currently disposed commercial solid waste being recycled by 2020 and thereafter. This is considered a modest goal based on current recycling trends. It is anticipated that with the built-in flexibility, enough businesses, including multi-family dwellings, will start new recycling programs and/or expand upon existing programs to meet the greenhouse gas emission reduction goal.

Approach Options

Jurisdictions can choose to implement some type of local mandatory commercial recycling program to enforce business compliance. Approaches might include:

• Requiring businesses to participate in the recycling services that are already available in their city or county
• Requiring businesses to use a mixed waste processing facility
• Implementing a mandatory commercial recycling ordinance or policy

Programs

In terms of overall policy and program design, mandatory commercial recycling programs can vary substantially. For example, the types and sizes of businesses and industry can vary, as can the amount and types of material generated per week, etc. Those regulated may include the hauler, business generators, or both. Some programs target specific business materials for recycling while others do not specify.

The methods for monitoring and determining compliance and enforcing the ordinance can differ greatly depending upon a jurisdiction’s resources, hauler arrangement, etc. The regulation is designed to offer as much flexibility as possible while still keeping on target to meet the greenhouse gas emission reduction goal.

2. Is there an enforcement component for any entity in the regulation?

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 program, CalRecycle can place the jurisdiction on a compliance order.

3. Do we need to take some enforcement action against the businesses to maintain the jurisdiction’s compliance with the regulation?

The proposed regulation does not require enforcement. Jurisdictions are required to inform the business or public entity of the state requirement to recycle and how to recycle in the jurisdiction. However, a jurisdiction may choose to implement an enforcement program.

Enforcement options that would be consistent with a jurisdiction’s authority include, but are not limited to:

• Civil injunctions
• Criminal prosecution
• Financial penalties
• Penalty or fine structure that incorporates warning notices

4. Will local jurisdictions be required to fine customers for not participating in the program?

No. Enforcement, including fines, is not a requirement. However, jurisdictions may choose, at their discretion and consistent with their legal authority, to use fines or other enforcement mechanisms.

5. If haulers are not a regulated party, how can jurisdictions and businesses be held accountable if the haulers are not required to provide services and/or report out to the jurisdictions?

The legislation was developed to place the requirement on businesses to use any combination of recycling options, including:

• Allowing for the pickup of recyclables
• Self-hauling recyclables
• Subscribing to a recycling service
• Using a mixed waste processing facility

It seems unlikely that a community would have no options for businesses to recycle. Additionally, the jurisdictions may establish their own requirements on haulers. Finally, as each jurisdiction’s situation is unique, the assigned Local Assistance and Market Development representative will work with jurisdictions to assess their particular situation.

6. In a multi-family property does the tenant, property owner, or jurisdiction receive the enforcement action if regulations aren't followed by tenants?

In order to answer this question, it is important to distinguish between different types of enforcement. Under AB 341, it is up to jurisdictions to have a commercial recycling program that consists of education, outreach, and monitoring. CalRecycle will evaluate each jurisdiction’s education, outreach, and monitoring compliance using the same good-faith effort standard as used when reviewing the jurisdiction’s AB 939 Source Reduction and Recycling Element and Household Hazardous Waste Element programs.

CalRecycle will not be enforcing directly on businesses, so how the situation described above will be handled will depend upon the program that the jurisdiction has in place. For example, if the jurisdiction requires property owner participation, then it would be taking enforcement action against the property owner and be leaving it up to the property owner to deal with the tenant - most likely through a rental agreement provision.

The jurisdiction’s Local Assistance and Market Development contact can assist the jurisdiction in developing effective education and outreach tools to maximize compliance by property owners and tenants. Also, please visit the Institute for Local Government’s commercial recycling website for sample flyers and outreach materials that property owners can utilize to educate tenants.