Organics Bans - US Composting Council

Organics Bans

Organics Bans & Mandates

States control the regulations for waste and that is where USCC and its chapters lobby for changes to encourage composting. A number of states have bans against disposal of yard waste; and some states – and some large cities—have taken the additional step of banning food waste at various levels and generators.

Organics recycling programs are often funded through state surcharges or other fees in their solid waste programs. The funding then is used at the state level or passed down to municipalities for program development, facilities and education; or in some states, for equipment and facility development.

State and City Organics Bans, as of 2023

Connecticut: Legislative. https://portal.ct.gov/DEEP/Waste-Management-and-Disposal/Organics-Recycling/Commercial-Organics-Recycling-Law
Maryland: https://legiscan.com/MD/bill/HB264/2021
Massachusetts: Regulatory. https://www.mass.gov/doc/310-cmr-19000-commercial-organic-material-waste-ban-amendments/download
New Hampshire: (2023) Section 208, https://legiscan.com/NH/text/HB2/2023

New Jersey: Legislative. https://legiscan.com/NJ/bill/A2371/2020
New York: Legislative: https://legislation.nysenate.gov/pdf/bills/2019/S1508C#page=42
Oregon: Regulatory. https://www.oregonmetro.gov/sites/default/files/2021/01/19/food-scraps-administrative-rules-second-implementation-date-change-effective-02012021.pdf
Rhode Island: Legislative. http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-18.9/23-18.9-17.HTM
Vermont: Legislative. http://www.leg.state.vt.us/docs/2012/Acts/ACT148.pdf

California: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1826 (ILSR script) https://ilsr.org/rule/food-scrap-ban/california-organics-recycling/

Cities with Organics Bans

Austin TX: https://austintexas.gov/department/commercial-organics-diversion-requirements
Boulder, CO: https://www-static.bouldercolorado.gov/docs/Universal_Zero_Waste_Ordinance_Boulder-1-201511201253.pdf
Hennepin County MN: https://www.hennepin.us/-/media/hennepinus/your-government/ordinances/ordinance-13.pdf
New York City: https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1482542&GUID=DDD94082-C0E5-4BF9-976B-BBE0CD858F8F
Seattle: http://www.seattle.gov/utilities/your-services/collection-and-disposal/food-and-yard/food-waste-requirements

Cities with Food Scrap Collection Requirements

Portland, OR: https://www.oregonmetro.gov/food-scraps-policy
San Francisco CA: https://sfenvironment.org/downloads/library/sf_mandatory_recycling_composting_ordinance.pdf

Resources, Studies and Articles

Massachusetts Commercial Food Waste Ban Economic Impact Analysis

Stakeholder interviews allowed ICF to gain insight into the perception of the ban and the challenges faced by core segments of the organics waste industry. Cultural acceptance for diverting organic waste, especially to compost, was strong in the greater Boston area for some residential and commercial food waste producers before the ban took effect. While the support for organic waste diversion may be strong, key barriers include lack of space for composting facilities, better source separated wastes in order to prevent contamination, and more stringent enforcement of the ban

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BANS AND BEYOND: Designing and Implementing Organic Waste Bans and Mandatory Organics Recycling Laws

This toolkit analyzes the structure and implementation of organic waste bans and presents examples from states and cities with existing or proposed waste bans. The toolkit provides a resource to help state and local Bans and Beyond: Designing and Implementing Organic Waste Bans and Mandatory Organics Recycling Laws - Page 1 - governments, advocates, and other stakeholders evaluate options for developing policies to address food waste and tailor approaches to state or local context.

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Disposal Bans and Mandatory Recycling in the United States

This document is a compendium of all disposal bans and mandatory recycling laws in the United States.

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Articles and Webinars

New Jersey Enacts Food Waste Recycling Mandate – Implementation Issues on Horizon (4/23/20)

Organic waste legislative update (3/23/20)

Food Scrap Recovery Policies (2019)

Webinar: Organic Waste Bans: An Analysis of Existing Policies, Challenges, and Opportunities, (2/14/19)

Organic Waste Bans And Recycling Laws To Tackle Food Waste (9/11/18)

Organics Disposal Bans & Processing Infrastructure, November 2017

Organic Ban Overturns: History and Resources

Attempts to turn back bans of organics in landfills have been launched, and we continuously oppose these.

To fight these repeals, we are taking a two-pronged approach. First and foremost we work with groups within the affected states to lobby the legislatures and rally their supporters, because each state’s needs are unique and the issues and strategies are different. If you see similar issues arise in other states, please alert our Legislative and Environmental Affairs Committee staff liaison, Cary Oshins.

RESOURCES

"Keep Organics Out of Landfills", USCC Position Paper on Landfill Bans & Overturns
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Presentation to Recycling Organizations of North America on the positive impacts of banning yard trimmings.
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Analysis of the Impact of a Yard Waste Ban On Landfill Quantities and Household Costs
Report from the Delaware Solid Waste Management Authority on the impact of yard trimming bans, which concludes that “states or counties with landfill bans receive significantly less yard waste [at their landfills] on a per capita basis then those without bans.”
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Keeping Yard Debris out of Michigan Landfills
This is a great presentation developed by JD Lindeberg of Resource Recycling that debunks the claims made by the waste industry on the alleged benefits of repealing the ban on landfilling in Michigan. For a PDF version use the download link.
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EPA Regions 4 and 5 Support Ban on Landfilling Yard Waste
Letters from two different EPA regions demonstrates that the US EPA supports the continuation of landfill bans for yard debris and sees them as essential to ensuring that these resources continue to find their way into reuse markets, such as composting.
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Florida Landfill Ban Preserved!
Though ultimately overridden, this documents the successful drive to have Gov. Crist veto the landfill ban repeal.
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