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.