Section 18837 - Mandatory Recycling of Commercial Solid Waste by Businesses(a) On and after July 1, 2012, a business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: (1) Source separating recyclable and/or compostable materials from the solid waste they are discarding and either self-hauling, subscribing to a hauler, and/or otherwise arranging for the pick-up of the recyclable and/or compostable materials separately from the solid waste to divert them from disposal.(2) Subscribing to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.(b) To comply with § 18837(a), property owners of commercial or multi-family complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials if required to by property owners of commercial or multi-family complexes.(c) Each business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section. The activities undertaken by each business pursuant to § 18837(a) shall be consistent with local requirements, including, but not limited to, a local ordinance, policy, contract or agreement applicable to the collection, handling or recycling of solid waste.(d) Except as expressly set forth in § 18837(e)(3), this Chapter does not limit the authority of a jurisdiction to adopt, implement, or enforce a recycling program that is more stringent or comprehensive than the requirements of this Section. Businesses located in such a jurisdiction must comply with any local requirements that have been enacted.(e) This Chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, city and county, or other local government agency;(2) A contract, license, or permit to collect solid waste granted or extended by a city, county, or other local government agency as of the effective date of this regulation;(3) The existing right of a business to sell or donate its recyclable materials; or(4) The existing provisions of § 41783 of the Public Resources Code related to transformation that allow jurisdictions to reduce their per-capita disposal rate by no more than 10 percent. Materials sent to transformation facilities must meet the requirements of § 41783(a)(2) of the Public Resources Code regarding front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible (i.e., businesses whose waste goes to a transformation facility still need to comply with the requirements in subsection 18837(a)).Cal. Code Regs. Tit. 14, § 18837
1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41783, 42649.2 and 42649.5, Public Resources Code.
1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).