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

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1. Is there a requirement for local jurisdictions to enforce the regulation?
2. Is there an enforcement component for any entity in the regulation?
3. Do we need to take some enforcement action against the businesses to maintain the jurisdiction’s compliance with the regulation?
4. Will local jurisdictions be required to fine customers for not participating in the program?
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?
6. In a multi-family property does the tenant, property owner, or jurisdiction receive the enforcement action if regulations aren't followed by tenants?