State ProgramsRecycling of Commercial Solid Waste
Section § 42649
This law section emphasizes that the state wants businesses to recycle the waste they create. The government aims to provide local areas with the flexibility to create and manage their recycling programs. The goal is to cut down greenhouse gases by boosting recycling efforts and to support expansion of recycling services and manufacturing facilities in the state.
Section § 42649.1
This part of the law defines terms for managing commercial solid waste. It clarifies what a 'business' is, which includes both for-profit and nonprofit entities and multifamily residential units. 'Commercial solid waste' refers to waste from businesses or multifamily homes with five or more units. A 'commercial waste generator' is related to businesses that must follow separate guidelines. It also explains what a 'full-service restaurant' is, including how they serve customers, and defines what counts as a 'park', like theme parks or zoos. Lastly, a 'self-hauler' is a business that takes care of its own waste disposal.
Section § 42649.2
If a business creates at least four cubic yards of waste weekly or is a multi-unit dwelling with five or more units, it needs to have recycling services. Businesses can either separate recyclables from regular waste or use a service that processes mixed waste effectively.
Businesses open to customers must provide recycling bins that are easy to find and clearly marked to show what can be recycled. Restaurants with table service don't have to follow these rules for customer bins if they recycle using employee-only bins and have a recycling program. Parks with permanent food service areas that aren't full-service restaurants must follow similar rules starting January 1, 2022.
Also, property owners of large residential complexes can ask tenants to separate recyclable materials to help follow these rules.
Section § 42649.3
This law requires each area in California to set up a recycling program for commercial waste starting July 1, 2012. The program should help businesses reduce the amount of waste going to landfills. If an area already has a qualifying program, they don't need to start a new one.
The recycling program focuses on businesses and may include rules that require businesses to recycle, either through local laws or agreements. The program must also involve educating businesses, monitoring their compliance, and possibly enforcing rules with fines.
There can be specific rules for businesses that recycle their own waste. The state will check if these programs are running properly and if the local areas are making a real effort. They will look at business compliance, recycling rates, education efforts, and other factors like budget and recycling market access.
Section § 42649.4
This law says that if a city or county in California needs to add or expand a recycling program for businesses to comply with existing recycling laws, they don't have to change their existing waste management plans or get approval from the state department. Instead, they just need to update their annual report.
Section § 42649.5
This law allows local agencies in California to create and enforce their own commercial solid waste recycling rules, even if they are stricter or more comprehensive than state-level regulations. It also applies to counties with populations under 200,000 that wish to mandate recycling. Additionally, the law ensures that existing franchising rights, waste collection contracts, and business rights to sell or donate recyclables are not altered or limited by this chapter.
Section § 42649.6
This law allows local agencies to charge businesses that produce waste a fee to cover the expenses of managing waste as dictated by this chapter.
Section § 42649.7
This law section states that if the State Air Resources Board has already made rules about commercial recycling before a specific 2011-12 legislative act, those rules will automatically become part of the department’s regulations. It will be as if the department adopted them without needing to go through a new regulatory process.