California disposes of more than 40 million tons of solid waste each year, 8% of which comes from multifamily residential housing (apartments and condos). To channel a portion of that 8% into recycling, Public Resources Code §42649.2 requires:
(a) On and after July 1, 2012, a business that generates four or more cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider.
(b) A commercial waste generator shall take at least one of the following actions:
(1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials.
(c) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.
(2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
Recommendation: Since the statute requires local jurisdictions to oversee the recycling programs and to recover their costs from solid waste generators. Associations should check with their waste hauler to find out what requirements, if any, apply to them.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.