Composting - San Francisco, CA, Rules and Programs
San Francisco has some of the most progressive recycling regulations in the country. These regulations were further strengthened in June 2009 when the Board of Supervisors passed an ordinance requiring all city residents to separate food scraps, recyclable material, and trash into three separate curbside containers. Starting in 2011 the City will be able to impose fines on those who do not effectively separate these materials. After a process of education and warnings, the fine will be $100 for small businesses and single occupancy homes and up to $1,000 for large businesses and multi-unit buildings.
After decades of voluntary, convenient programs and financial incentives, 36 percent of what San Francisco sends to landfills is compostable (mostly food scraps) and 31 percent is recyclable (mostly paper). San Francisco has the goal of achieving 75 percent diversion from landfill by 2010 and zero waste by 2020. If San Francisco collected everything that could be recycled or composted, they would be diverting 90 percent of our waste stream. It is highly unlikely that San Francisco would achieve its diversion or climate action goals without mandatory recycling and composting for everyone.
More Information:
- SF Environment has a section on Mandatory Recycling and Composting in San Francisco
- Full Text of San Francisco's Mandatory Recycling and Composting Ordinance (PDF) [SF Ordinance 100-09] - approved June 23, 2009
- FAQs about the Mandatory Recycling & Composting Ordinance
- Sunset Scavenger and Golden Gate Recycling & Disposal - providing services and education about the program
SEC. 1901 - TITLE.
This Chapter shall be entitled "Mandatory Recycling and Composting".
SEC. 1902 - DEFINITIONS.
For the purposes of this Chapter, the following words have the following meanings:
(a) "Adequate Refuse Collection
Service" means that a dwelling or commercial property is serviced by a
Collector for recyclables,
compostables, and trash, and that the level of
service is sufficient to contain the refuse generated at that dwelling
or commercial
property.
(b) "City" means the City and
County of San Francisco.
(c) "Collection" means taking
physical possession of and removing discarded material from the place of
generation for subsequent
off-site management of that material.
(d) "Collection Container"
means the receptacle that is provided, designated and serviced by the
collector for the collection
of recyclables, compostables or trash.
(e) "Collector" means a person,
firm or corporation licensed and permitted to collect refuse by the
Director of Public Health
pursuant to the provisions of the Refuse Collection
and Disposal Ordinance adopted November 8, 1932, as amended, and any
other
collectors of discarded material not excluded under
that ordinance.
(f) "Commercial Property" means
a parcel or any portion of real property where refuse is generated that
is not a dwelling, including
schools, institutions, and City properties.
(g) "Compostable" means any
material that can be broken down into, or otherwise become part of,
usable compost (e.g., soil-conditioning
material) in a safe and timely manner as accepted
in San Francisco's compostables collection program, such as food scraps,
soiled paper and plant trimmings. Compostable
materials can also include disposable plastic food service ware and bags
if
labeled "Compostable", in accordance with the Food
Service Waste Reduction Ordinance (No. 295-06) and Department of the
Environment
regulations for easy identification, meeting the
ASTM Standard Specification (D6400) for compostable plastics, and
consistent
with State labeling law (California Public
Resources Code Section 42359) that any plastic bag or food container
labeled "Compostable"
must meet the ASTM Standard Specification for
compostable plastics.
(h) "Construction and
Demolition Debris" means building materials generated from construction
and demolition activities including,
but not limited to, fully-cured asphalt, concrete,
brick, rock, soil, lumber, gypsum wallboard, cardboard and other
associated
packaging, roofing material, ceramic tile,
carpeting, fixtures, plastic pipe, metals, tree stumps, and other
vegetative matter
resulting from land clearing and landscaping for
construction, deconstruction, demolition or land developments. Hazardous
waste, as defined in California Health and Safety
Code Sections 25100 et seq., is not construction and demolition debris
for
purposes of this Chapter.
(i) "Customer" means any person
being served food from a food vendor or event.
(j) "Department" means the San
Francisco Department of the Environment.
(k) "Designated" means clearly
labeled and color-coded for a material type, such as labeled blue
receptacles for recyclables,
green for compostables and black for trash.
(l) "Director" means the
Director of the Department of the Environment or his or her designee.
(m) "Disposable Food Service
Ware" means all containers, bowls, plates, trays, carton, cups, lids,
straws, forks, spoons, knives,
napkins and other items that are designed for
one-time use for serving food.
(n) "Dwelling" means a
residence, flat, apartment, or other facility, used for housing one or
more persons.
(o) "Event" means any function
that serves food and is permitted through any agency, including, but not
limited to, the Department
of Parking and Traffic, the Recreation and Park
Department, the Port of San Francisco or, to the extent permitted by
law,
the National Park Service.
(p) "Food Vendor" means any and
all sales outlets, stores, shops, vehicles or other places of business
located or operating in
the city that operate primarily to sell or convey
foods or beverages to consumers, and stores that sell food or beverages
in combination with a gasoline station.
(q) "Janitor" means the person
who is hired by owners and managers of commercial properties and their
contractors to process refuse
on-site before it leaves the premises.
(r) "Manager" means the
authorized agent for the owner of a building, structure or property, who
is responsible for the day-to-day
operation of said building, structure or property.
(s) "Multifamily Property"
means a property that includes multiple residential households and has a
single account with collector(s)
for recyclables, compostables and trash.
(t) "Person" means a natural
person (including a resident, employee, or visitor), a firm, business
concern, association, partnership,
corporation or governmental entity, including the
City and County of San Francisco and its departments, boards and
commissions,
and successors or assigns.
(u) "Public Trash Container"
means any receptacle installed by a public agency at a sidewalk, park or
other public area and that
is not under the control, unless otherwise required
by this Chapter, of a multifamily or commercial property, food vendor
or event manager.
(v) "Recyclable" means any
material that can be sorted and reconstituted, for the purpose of using
the altered form in the manufacture
of a new product, as accepted in San Francisco's
recycling collection program, such as paper, bottles and cans. Recycling
does not include burning, incinerating, converting,
or otherwise thermally destroying solid waste.
(w) "Refuse" has the meaning
set forth in the Refuse Collection and Disposal Ordinance adopted
November 8, 1932, as amended, and
includes recyclables, compostables, and trash, but
not construction and demolition debris or hazardous waste, all as
defined
in this Chapter.
(x) "Source Separate" means to
divide refuse at the place of discard generation, prior to collection,
into separate containers
that are designated for recyclables, compostables
or trash.
(y) "Transfer Station" means a
facility that is permitted under Health Code Section 294 to receive
discarded materials and transport
them to a landfill for disposal.
(z) "Trash" means material that
is designated for landfill disposal by the collector and does not
include either recyclable or
compostable materials. The term "trash" does not
include hazardous waste, as defined in California Health and Safety Code
Sections 25100 et seq., or construction and
demolition debris as defined in this Chapter.
SEC. 1903. - SOURCE SEPARATION OF REFUSE REQUIRED.
All persons in San Francisco must source separate their refuse into recyclables, compostables and trash, and place each type of refuse in a separate container designated for disposal of that type of refuse. No person may mix recyclables, compostables or trash, or deposit refuse of one type in a collection container designated for another type of refuse, except as otherwise provided in this Chapter.
SEC. 1904. - REQUIREMENTS FOR OWNERS OR MANAGERS OF MULTIFAMILY AND COMMERCIAL PROPERTIES.
(a) Owners or managers of
multifamily or commercial properties must provide Adequate Refuse
Collection Service to the tenants,
employees, contractors, and customers of the
properties.
(b) Owners or managers of
multifamily or commercial properties must supply appropriate containers,
placed in an appropriate location,
to make source separation of refuse convenient for the
tenants, employees, contractors, and customers of the properties. The
containers must:
(1) Be of appropriate number and size in light of the recyclable, compostable, and trash quantities reasonably anticipated to be generated at the location;(2) Bear appropriate signage and be color coded to identify the type of refuse to be contained—blue for recyclables, green for compostables, and black for trash—and meet any additional design criteria established by the Department by regulation; and,(3) Be placed as close together as possible, to provide equally convenient access to users.
(c) Owners or managers of
multifamily or commercial properties must provide information and/or
training for new tenants, employees
and contractors, including janitors on how to source
separate recyclables, compostables and trash, and must re-educate
existing
tenants, employees and contractors at least once a
year.
(d) Owners and managers of
commercial properties or their contractors will work with on-site
janitors to create effective source
separation programs as a means of achieving
compliance, meeting citywide diversion goals, and achieving the
diversion or disposal
rate reported annually to the State of California.
(e) New construction or expansion
of multifamily or commercial properties may be subject to Department of
Building Inspection
requirements, such as Administrative Bulletin 088 and
Building Code Chapter 13, Section 1304C, to provide adequate space for
recyclables and compostables, which includes requiring
any chute systems to keep compostables, recyclables and trash separate.
SEC. 1905. - REQUIREMENTS FOR OWNERS OR MANAGERS OF FOOD VENDORS AND EVENTS.
(a) Owners or managers of food
vendors and events must provide Adequate Refuse Collection Service to
their employees, contractors
and customers.
(b) Owners or managers of food
vendors and events must supply appropriate containers, placed in
appropriate locations, to make
source separation of recyclables, compostables, and
trash convenient for the employees, contractors, and customers of the
food vendors and events. The containers must:
(1) Be of appropriate number and size in light of the recyclable, compostable, and trash quantities reasonably anticipated to be generated at the location;(2) Bear appropriate signage and be color coded to identify the type of refuse to be deposited—blue for recyclables, green for compostables, and black for trash—and meet any additional design criteria established by the Department by regulation; and,(3) Be placed as close together as possible to provide equally convenient access to users.
(c) Owners or managers of food
vendors and events must provide information and/or training for new
tenants, employees, and contractors,
including janitors on how to source separate
recyclables, compostables, and trash, and must re-educate existing
tenants, employees,
and contractors at least once a year.
(d) Food vendors that provide
disposable food ware must have at least one container each for
recyclables, compostables and trash
for use by customers and visitors, placed inside near a
main exit, unless that food vendor does not use disposable food ware
for on-site consumption and serves minimal to go
orders per day, but not including any to go orders delivered to
residents
by a delivery service. Food vendors meeting the
requirements of this Section are exempt from the requirement of Public
Works
Code Section 173 to place "a litter receptacle outside
each exit." Multiple food vendors that provide disposable food service
ware and share a common eating area may share an
appropriate number, size, and placement of containers for recyclables,
compostables
and trash for convenient use by customers or visitors.
(e) Food vendors and events must
not put any fats, oils or grease in trash collection containers.
SEC. 1906. - REQUIREMENTS FOR REFUSE COLLECTORS, TRANSFER STATIONS, AND PROCESSING FACILITIES.
(a) All collectors must
appropriately designate the collection containers they provide to
customers for source separation of recyclables,
compostables and trash. The containers must:
(1) Bear appropriate signage that allows users to clearly and easily identify which containers to use for recyclables, compostables or trash;(2) Be color-coded—blue for recyclables, green for compostables and black for trash; and,(3) Bear the name of the collector to whom the container belongs.
(b)
(1) If a collector finds materials that are not the correct type as designated for that container, such as recyclables or compostables in a trash container, or trash in a compostables or recyclables container, the collector then must leave a tag on the container identifying the incorrect materials.(2) If the collector continues to find incorrect materials in a collection container after the collector has left a previous tag for that customer and that type of container, the collector must leave another tag on the container identifying the incorrect materials and send a written notice to the person who subscribes for that collection service.(3) If the collector continues to find incorrect materials in a collection container after the collector has already left two or more tags for that customer and that type of container, the collector may refuse to empty the container, subject to California Code of Regulations Title 14, Section 17331, or as determined by the Director of Public Health or his or her designee. If the container is not emptied, the collector must leave a tag and send a written notice to the person who subscribers for the collection service, identifying the incorrect materials and describing what action must be taken for the materials to be collected; provided, however, that a collector may not refuse on this basis to empty containers from multifamily or commercial properties with multiple tenants and joint account collection service.(4) The collector shall, upon request, provide to the Director a list of the names and addresses of those persons who have received tags or notices or whose containers have not been emptied due to non-compliance with this Chapter, or copies of the tags or notices issued by the collector. The collector shall also provide to the Director, upon request, a list of the names, addresses, and service levels of the collector's customers and any additional information required by the Director.
(c) Within 90 days of the end of
each calendar year, each collector must submit to the Department, on a
form specified by the
Director, an annual report of all tons collected by
material type and to whom the material was sent.
(d) No person may deliver
recyclables or compostables, including those mixed with trash, to a
landfill or transfer station for
the purpose of having those materials landfilled,
except as follows:
(1) A collector may drop off recyclables or compostables at the San Francisco transfer station for landfill if the transfer station has agreed to provide to the Director, upon request, audits of collection vehicles for a specified period going forward in time. The transfer station's audit shall report the quantity of recyclables or compostables, stated as estimated tons per load or as a percentage of the loads, deposited at the transfer station by collection vehicles specifically identified in the request over a reasonable period of time occurring after the request.(2) A processing facility that sorts and reconstitutes recyclables for the purpose of using the altered form in the manufacture of a new product or turns compostables into usable and marketable compost (e.g., soil-conditioning) material may send to a landfill a minor portion of those materials that constitutes unmarketable processing residuals, if the processing facility provides to the Director, upon request, audits of specific collection vehicles for a specific period going forward in time, of the quantities of recyclables or compostables sent to the landfill from the processing facility.
(e) No person may deliver trash
from the city, including trash mixed with recyclables or compostables,
to a processing facility,
unless the processing facility has agreed to provide
to the Director, upon request, audits of collection vehicles for a
specified
period going forward in time. The processing
facility's audit shall report the quantity of trash, stated as estimated
tons
per load or as a percentage of the loads, deposited at
the processing facility by collection vehicles specifically identified
in the request over a reasonable period of time
occurring after the request.
SEC. 1907. - REQUIREMENT TO SUBSCRIBE TO REFUSE COLLECTION SERVICE.
Owners of residential, multifamily or commercial properties, events or other facilities that generate refuse must subscribe to and pay for Adequate Refuse Collection Service, and provide an accessible location for sufficient levels of service with collector(s) for source separated recyclables, compostables and trash, except as otherwise provided in this Chapter. Owners of such properties are responsible for any failure to subscribe to or pay for sufficient levels of refuse collection service. The Director of Public Health, pursuant to Health Code Article 6, as amended, shall enforce requirements for adequate and continuous refuse collections services.
SEC. 1908. - ENFORCEMENT.
(a) The Director and his or her
designee may administer all provisions of this Chapter and enforce those
provisions by any lawful
means available for such purpose, except as otherwise
provided in this Chapter.
(b) To the extent permitted by
law, the Director may inspect any collection container, collection
vehicle load, or receiving facility
for collected trash, recyclables or compostables.
(c) Except as otherwise provided
in this Chapter, the Director of the Department of Public Health or his
or her designee may impose
administrative fines for violations of those
provisions of this Chapter, or of rules and regulations adopted pursuant
to this
Chapter, that pertain to the jurisdiction of the
Department of Public Health.
(d) Except as otherwise provided
in this Chapter, the Director of Public Works or his or her designee may
impose administrative
fines for violations of those provisions of this
Chapter, or of any rule or regulation adopted pursuant to this Chapter,
that
pertain to the jurisdiction of the Department of
Public Works.
(e) San Francisco Administrative
Code Chapter 100, "Procedures Governing the Imposition of Administrative
Fines," as amended,
is hereby incorporated in its entirety and shall
govern the imposition, enforcement, collection, and review of
administrative
citations issued to enforce this Chapter and any rule
or regulation adopted pursuant to this Chapter; provided, however, that:
(1) The Director of Public Works or the Director of Public Health may adopt regulations providing for lesser penalty amounts than those provided in Administrative Code Section 100.5;(2) The fine for any violation at a dwelling or commercial property that generates less than one cubic yard of refuse per week may not initially exceed $100; and,(3) No person who is the owner, tenant, manager, employee, contractor, or visitor of a multifamily or of a multi-tenant commercial property shall be subject to fines or penalties for violation of Section 1903 (but will remain subject to such enforcement for violations of section 1904 and other sections of the Ordinance), unless and until the Director of the Department of the Environment has adopted specific regulations setting out the liability of such persons. The Director shall not adopt such regulations prior to July 1, 2011.
(f) The City shall use
administrative penalties collected under this Chapter, including
recovery of enforcement costs, to fund
implementation and enforcement of this Chapter.
Remedies under this Chapter are in addition to and do not supersede or
limit
any and all other remedies, civil or criminal.
SEC. 1909. - FORMS, REGULATIONS AND GUIDELINES.
(a) After public notice and a
public hearing, the Director may adopt necessary forms, regulations, and
guidelines to implement
this Chapter.
(b) The Department shall provide
assistance regarding compliance with this Chapter.
(c) The Department shall provide
information on its website regarding what materials are accepted as
recyclables, compostables,
and trash under this Chapter.
SEC. 1910. - EXCEPTIONS
(a) A property owner or manager
may seek a waiver from the Director of all or portions of this Chapter,
if the applicant submits
documentation, using a form specified by the Director
and including a signed affidavit under penalty of perjury, that shows
that the property does not have adequate storage space
for containers for recyclables, compostables or trash. In cases where
after on-site verification space limitations are
determined to exist, the Director shall evaluate the feasibility of
sharing
containers for recyclables, compostables or trash with
contiguous properties, and, where feasible, requiring container sharing
in lieu of providing a waiver.
(b) Except as otherwise required
by the Director, a collector may drop-off compostables or recyclables at
the San Francisco transfer
station that have been collected from public trash
containers. The Director may require public trash containers to have a
recyclables receptacle attached.
SEC. 1911. - DISCLAIMER OF LIABILITY.
The degree of protection required by this Chapter is considered to be reasonable for regulatory purposes. The standards set forth in this Chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclables, compostables or trash. This Chapter shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Chapter or any administrative decision lawfully made in accordance with this Chapter. All persons handling discarded materials within the City should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this Chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
SEC. 1912. - DUTIES ARE DISCRETIONARY.
Subject to the limitations of due process and applicable requirements of State or Federal laws, and notwithstanding any other provisions of this Code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
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