California’s New Organic Waste Recycling Requirements: Mandatory Trash Composting
and Community Associations John R. MacDowell, Esq., CCAL Fiore, Racobs & Powers, A PLC
Many California backyard gardeners have been composting for years. Now, all Californians will, one way or another, be required to recycle organic waste for composting, much as we have been recycling green garden waste.
Pursuant to regulations effective January 1, 2022, local jurisdictions, and multi-family dwellings with more than fi ve units (including community associations) are required to have organic waste recycling programs in place. Associations with fewer than fi ve units won’t be required to take action, but all individual owners, whether they live in condominiums, planned developments, or standard subdivisions, will be required to comply. The new trash laws apply to everyone. Communities are struggling to understand and implement these new requirements, and there may be more changes to the law in the future to provide better understanding and guidance, but these requirements are in effect so communities must act.
Organic waste in landfi lls emits 20% of the state’s methane, thus contributing to climate instability, according to the California Department of Resources Recycling and Recovery.
The legislature also directed the State Air Resources Board and the Department of Resources Recycling and Recovery to establish regulations. Years of review and study resulted in the new regulations (now Title 14, Div. 7, Ch. 12 of the California Code of Regulations, starting with § 18981.1). While the regulations are effective now, no penalties can take effect until January 1, 2024.
“Simply put, if an
The regulations require municipalities to establish ordinances requiring consumers to recycle organic waste. Therefore, everyone will be receiving direction from their city (or the county) about what to recycle and how to do it. Attached is a poster from the City of Irvine, as an example of how Irvine residents will be asked to recycle organic waste.
association of fi ve or more units has common facilities where residents put their trash, they are required to follow the regulations. ”
The regulations do not affect community associations of single-family homes, or of fewer than fi ve units. However, the regulations impose requirements directly on “commercial businesses,” which are defi ned to include corporations, non-profi ts, and multi-family residential buildings with fi ve or more units. (Cal. Code Regs., tit. 14, § 18982(6).) Therefore, they apply to community associations, which are non-profi t corporations, if they
(Information about organic waste recycling is available on this agency’s website, at
calrecycle.ca.gov/organics/slcp/.)
To address concerns about methane emission, the legislature passed SB 1383 in 2016, and Gov. Brown signed it into law. The bill established limits on the emission of methane and other “short- lived climate pollutants.” It also set targets of reducing the level of statewide disposal of organic waste in landfi lls, by 50% from 2014 levels by 2020, and by 75% from 2014 levels by 2025. (Health & Safety Code § 39730.6(a).)
include fi ve or more units.
Residents of single-family homes, where the refuse hauler collects waste from containers placed curbside, will be required by their municipalities to comply with specifi ed requirements for recycling organic waste. They will receive guidance from the city or county. Even if they are in an association, the association need not concern itself with refuse collection from single family homes. The same is true of “townhome” style projects if the refuse hauler collects directly from residents’ trash containers. Continued on page 16
www.caioc.org 15
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36
