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On January 10, 2017, CalRecycle sent the following information to every local government:

“…statewide disposal has increased every year since 2012. As a result, it is imperative that CalRecycle fully exercise its authority to ensure that jurisdictions’ specified disposal reduction and recycling programs are in compliance with state law.”

The 75% Diversion Goal

  • AB 341 declares that it is the “policy goal” of the state to achieve 75% diversion by the year 2020.
  • AB 341 specifically states that CalRecycle shall not establish or enforce a diversion rate on a jurisdiction that exceeds the current 50% diversion rate.
  • Jurisdictions that have an existing commercial recycling program that includes all of the elements listed above are not required to implement a new or expanded program.
  • The State will not be taking enforcement action on businesses that do not comply with the requirements, nor will jurisdictions be required to enforce them.
  • Jurisdictions may adopt more stringent local requirements (including enforcement provisions) if they wish.

Specific Requirements

Affected generators: Commercial businesses and public entities that generate 4 cubic yards or more of solid waste per week and multi-family complexes with 5 units or more are subject to mandatory recycling, and are required to do one of the following:

1)Source separate recyclable materials from the solid waste they are discarding, and either self-haul or arrange for separate collection of the recyclables.

2)Subscribe to a service that includes mixed waste processing that yields diversion results comparable to source separation.

Outreach & education: Jurisdictions must conduct education and outreach activities to inform the affected commercial generators of the mandatory recycling requirement and educate commercial generators about how they can recycle in the jurisdiction. The jurisdiction, haulers, other third parties, or any combination can perform the outreach and education activities.

Monitoring: Jurisdictions are required to assess whether affected generators are complying with the requirement to recycle. They are also required to identify and notify businesses that are not in compliance and inform them of the requirement to recycle and how they can recycle in the jurisdiction. The jurisdiction, haulers, other third parties, or any combination can conduct these activities.

Reporting: Jurisdictions will report on progress implementing their commercial recycling programs, including outreach, education, and monitoring efforts, as part of the existing CalRecycle annual report and 4-year review cycle process. This reporting will include the jurisdiction’s activities to educate businesses on the mandatory requirements, as well as the jurisdiction’s efforts to track and monitor compliance on the part of businesses. However, CalRecycle can initiate a review at any time as deemed necessary since AB 341 specifically authorizes such action.

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