Section 18838 - Implementation of Commercial Recycling Program by Jurisdictions(a) Effective July 1, 2012, whether or not the jurisdiction has met the requirements of Section 41780, each jurisdiction shall implement a commercial recycling program appropriate for that jurisdiction which is designed to divert commercial solid waste generated by businesses and that consists of the following components: (1) The commercial recycling program shall include education and outreach to businesses. The jurisdiction shall determine the types of educational and outreach programs to ensure that the program targets the components of the jurisdiction's commercial waste stream.(2) The commercial recycling program shall include identification and monitoring of businesses to assess if they are complying with § 18837(a). If any businesses subject to these regulations are not in compliance with these provisions, the jurisdiction shall, at a minimum, notify those businesses that they are out of compliance.(b) The commercial recycling program adopted pursuant to Subdivision (a) may include, but is not limited to, implementing a commercial recycling policy or ordinance requiring businesses to recycle, requiring a mandatory commercial recycling program through a franchise agreement or contract, or requiring that commercial solid waste from businesses go through either a source separated or mixed waste processing system that diverts material from disposal.(c) When adopting its commercial recycling ordinance, policy, or program, a jurisdiction may also, but is not required to, consider the following: (1) Enforcement consistent with a jurisdiction's authority, including, but not limited to, a penalty or fine structure that incorporates warning notices, civil injunctions, financial penalties, or criminal prosecution.(2) Building design standards that specify space requirements for storage of recyclables or other purposes that may assist the compliance of businesses with the program.(3) Exemptions deemed appropriate by the jurisdiction for reasons such as, but not limited to, zoning requirements, lack of sufficient space in multi-family complexes to provide additional recycling bins, lack of markets, non-generation of recyclable materials, or current implementation by a business of actions that result in recycling of a significant portion of its commercial waste.(4) Certification requirements for self-haulers which may include, but are not limited to, requiring businesses to maintain written records demonstrating that all self-hauling activities have been completed in accordance with the standards imposed by the jurisdiction's commercial recycling program.(d) The commercial recycling program shall apply to businesses, but may also apply to any other commercial entity identified by the jurisdiction as being a source of commercial solid waste.(e) A jurisdiction may determine the specific material types included in its commercial recycling program, which could include, but are not limited to, paper (including cardboard), plastics, glass, metals, organics, food waste, and non-hazardous construction and demolition.(f) If, prior to July 1, 2012, a jurisdiction has implemented a commercial recycling program that meets all requirements of this Chapter, as determined by CalRecycle pursuant to § 18839, the jurisdiction will not be required to implement a new or expanded program.(g) If, in order to satisfy the requirements of this Chapter, a jurisdiction must implement a new, or expand an existing, commercial recycling program, it shall not be required to revise its source reduction and recycling element nor comply with the requirements of Public Resources Code § 41800 et seq.(h) The jurisdiction shall include the addition or expansion of a commercial recycling program in its Annual Report required by § 41821, et seq. of the Public Resources Code. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification and monitoring, and, if applicable, enforcement efforts, and the rationale for allowing exemptions, by providing updates in its Annual Report.Cal. Code Regs. Tit. 14, § 18838
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 41780, 41821, 42649.3 and 42649.4, 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).