Business Compliance

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Beginning January 1, 2022 ALL businesses and multi-family complexes located in the California must have both a recycling program and organics recycling program in place in order to comply with SB 1383. Please contact your commercial hauler if you do not have either of these programs in place. Your hauler and their contact information can be found HERE. Please email SB1383@ocwr.ocgov.com for any questions you may have or CLICK HERE for additional information regarding SB 1383.

RECYCLING REGULATIONS FOR COMMERCIAL BUSINESSES AND PUBLIC ENTITIES 

Orange County businesses and public entities may be subject to one or more statewide recycling requirements based on the types and amounts of waste generated. Check the definitions and requirements below to determine if your business or organization is subject to regulations and how to best meet compliance.

What is organic waste? 

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Any material that once was a living organism or was made from something living (plant or animal). Examples include food, lawn clippings, landscape and pruning trimmings, untreated wood and food-soiled paper.

AB 827 Requirements for Food Consumed Immediately On Site: 

If your business is subject to Mandatory Commercial Organic Recycling as stated for AB 1826 above, AND you also sell food products consumed immediately on site, you must also: 

• Provide recycling and organic waste bins which are easily visible, clearly labeled and easily accessible to customers. CalRecycle provides signage examples here including multiple languages. 

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• Bins must be placed adjacent to each trash can (restroom waste bins are excluded). Businesses are responsible for providing their own bins. 

• This requirement does not apply to restaurant/food establishments with back-of-the-house food disposal and collection as patrons do not dispose of waste themselves.

Mandatory Commercial Recycling (Non-organics) – AB 341 

AB 341 requires that any business or entity generating four cubic yards of total solid waste per week must: 

• Separate non-organic recyclables (bottles, cans, etc.) from solid waste; 

• Subscribe to a recycling service from your local waste hauler, or 

• Self haul your recyclables to a recycle center or materials exchange facility for sorting and recycling AND 

• If your business or organization is located in an unincorporated area of OC, you must notify the County of your alternate method of recycling. You may contact the County at (714)834-4000 and speak with the commercial compliance manager.

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**Businesses or organizations wishing to report alternate recycling options and that are located in cities not considered unincorporated areas should contact their city recycling contact.

Mandatory Commercial Organic Recycling – AB 1826 

AB 1826 requires that any business or public entity generating two cubic yards of total solid waste per week, including organic waste, must: 

• Separate organic waste from other waste AND 

• Subscribe to an organic waste recycling service with your local waste hauler, OR 

• Subscribe to an organic waste recycling service that includes mixed-waste processing that specifically recycles organic waste AND report the alternate service to the County (if your business or organization is in unincorporated OC). You may contact the County at (714)834-4000 and speak with the commercial compliance manager, OR 

• Recycle organic waste on-site or self-haul organic waste to an organic recycling facility AND notify the County (if in unincorporated OC) of your alternate method of organic waste recycling.  

• Restaurants and other food product businesses can sell or donate excess edible food as alternate recycling but must be reported to the County (if in unincorporated OC). For additional information on edible food recovery in OC, check here. 

*Two cubic yards of solid waste is equivalent to approximately 2 average sized washing machines. 

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**Businesses or organizations wishing to report alternate recycling options and that are located in non-unincorporated areas of the County should contact their city recycling contact.

SB 1383 – Short Lived Climate Pollutants

Tier One Commercial Edible Food  Generators

Required to Send Surplus Food to Food Organizations Starting January 1, 2022.

• Supermarkets with revenue ≥$2 million.
• Grocery Stores with Facilities ≥ 10,000 sq. ft.
• Food Service Providers
• Food Distributors
• Wholesale Food Vendors

Tier Two Commercial Edible Food  Generators

• Required to Send Surplus Food to Food Organizations Starting January 1, 2024.
• Restaurants with Facilities ≥ 5,000 sq. ft. or 250+ seats
• Hotels with an On-Site Food Facility and 200+ Rooms
• Health Facilities with an On-Site Food Facility and 100+ Beds
• Large Venues and Events
• State Agency Cafeterias with Facilities ≥ 5,000 sq. ft. or 250+ seats
• Local Education Agency with an On-Site Food Facility
• Non-Local Entities

Definitions:

• Food Distributor: A company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

• Food service provider: An entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.         

• Grocery Store: A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

• Large Event: An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements.

• Large Venue: A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements.

• Local education agency: A school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste. 

• Non-local entity: An entity that is an organic waste generator but is not subject to the control of a City’s regulations related to solid waste. These entities may include, but are not limited to, special districts, federal facilities, prisons, facilities operated by the state parks system, public universities, including community colleges, county fairgrounds, and state agencies. 

• Restaurant: An establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. 

• Supermarket: A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

• Wholesale Food Vendor: A business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.​

CalRecycle provides detailed regulation information at the following links: 

Mandatory Commercial Recycling of Non-organics (AB 341) Frequently Asked Questions 

Mandatory Commercial Organics Recycling (AB 1826) Frequently Asked Questions 

Education and Outreach Toolkit and Bin Signage