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§ 18837. Mandatory Recycling of Commercial Solid Waste by Businesses.


Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 9.1. Mandatory Commercial Recycling
14 CCR § 18837
§ 18837. Mandatory Recycling of Commercial Solid Waste by Businesses.
(a) On and after July 1, 2012, a business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
(1) Source separating recyclable and/or compostable materials from the solid waste they are discarding and either self-hauling, subscribing to a hauler, and/or otherwise arranging for the pick-up of the recyclable and/or compostable materials separately from the solid waste to divert them from disposal.
(2) Subscribing to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
(b) To comply with §18837(a), property owners of commercial or multi-family complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials if required to by property owners of commercial or multi-family complexes.
(c) Each business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section. The activities undertaken by each business pursuant to §18837(a) shall be consistent with local requirements, including, but not limited to, a local ordinance, policy, contract or agreement applicable to the collection, handling or recycling of solid waste.
(d) Except as expressly set forth in §18837(e)(3), this Chapter does not limit the authority of a jurisdiction to adopt, implement, or enforce a recycling program that is more stringent or comprehensive than the requirements of this Section. Businesses located in such a jurisdiction must comply with any local requirements that have been enacted.
(e) This Chapter does not modify, limit, or abrogate in any manner any of the following:
(1) A franchise granted or extended by a city, county, city and county, or other local government agency;
(2) A contract, license, or permit to collect solid waste granted or extended by a city, county, or other local government agency as of the effective date of this regulation;
(3) The existing right of a business to sell or donate its recyclable materials; or
(4) The existing provisions of §41783 of the Public Resources Code related to transformation that allow jurisdictions to reduce their per-capita disposal rate by no more than 10 percent. Materials sent to transformation facilities must meet the requirements of §41783(a)(2) of the Public Resources Code regarding front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible (i.e., businesses whose waste goes to a transformation facility still need to comply with the requirements in subsection 18837(a)).
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41783, 42649.2 and 42649.5, 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).
This database is current through 10/8/21 Register 2021, No. 41
14 CCR § 18837, 14 CA ADC § 18837
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