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However, the regulations directly impose obligations on associations if they provide common trash collection facilities; they are a “multifamily residential dwelling;” and if they have five or more residences. What if an association has detached dwellings but still offers common trash collection facilities? The regulations are not clear, but it would be prudent to follow the guidelines. Moreover, if associations generate their own organic waste they must comply with the regulations just like any other business. Associations would be well advised to understand, from the local municipality or their refuse hauler, what requirements they must meet.
The regulations are aimed at entities that “generate” waste. The regulators likely conceive of multi-family buildings with common trash facilities as generating waste, and subject to the rules. As a practical matter, it seems likely that associations will not need to make changes if the municipality (or its contracted waste hauler) collects waste from each individual residence using the color-coded three-bin system.
Simply put, if an association of five or more units has common facilities where residents put their trash, they are required to follow the regulations. These common facilities would include dumpsters, or any trash receptacles used by owners.
The regulations require that associations do two things. First, they must provide containers sufficient to allow residents to comply with the regulations and local ordinances. Second, they must provide information to residents about organic waste recycling and sorting. This information is to be provided to new residents within 14 days of their moving in.
Needless to say, associations rely on their waste hauler to provide containers. An association with common trash collection facilities should, now, contact their waste hauler to find out how the waste hauler is complying. They should also contact the local municipality to ask about local ordinances and enforcement. Ask both the waste hauler and the municipality about information to be provided to residents. Both haulers and cities may be complacent since penalties won’t be imposed until 2024. However, associations will be exposed to penalties also, and need answers.
Associations should also establish a protocol for advising residents as soon as information is available, and for providing information to new residents. Including the information in the escrow packet would be enough, if the owner will live in the unit. Associations can also ask the new owner to provide the information to any tenants. If an association does not require owners to provide information about tenants, now might be the time to consider putting a requirement in place.
IN SUMMARY
The regulations apply to associations if they include multi-family buildings with more than five units (although if each resident’s trash is collected individually there may be no need to change anything).
The regulations require associations to provide sufficient containers to allow residents to recycle organic waste, including various kinds of food waste.
Associations must also provide information to residents about recycling within 14 days of them moving in.
Associations subject to the regulations should contact their waste hauler and municipality about how to comply.
16 January | February 2023
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