Recycling in Multi-family and Commercial Buildings
Tyler Adams (author), Jonathan Rosenbloom & Christopher Duerksen (editors)INTRODUCTION
Municipalities have increasingly turned to recycling initiatives as a way to further sustainability goals. An area ripe for opportunity is multi-family and commercial buildings which are often left out of such initiatives. Because these building produce large amounts of waste and often do not have or require recycling, large amounts of recyclable material continue to go to landfills. Commercial and multi-family waste production is nearly twice that of residential, thus implementing recycling programs in these buildings would positively impact a municipality’s diversion rate (the measure of the amount of recyclable material avoiding landfills).[1]
Due to the temporary nature of their occupants, the recycling challenges commercial and multi-family buildings face are often different from single-family dwellings.[2] Local governments have begun requiring commercial and multi-family property owners to offer tenant/occupants the opportunity to recycle. Previously, commercial and multi-family buildings were only required to provide the standard waste disposal bins.[3] Pursuant to some ordinances, they must provide separate bins that divide recyclable and non-recyclable materials. Often times the buildings are also required to provide information to tenant/occupants as well a report to the appropriate municipal department regarding recycling efforts. In addition, some jurisdictions phase buildings into compliance based on size, use and/or amount of waste generated.[4]
EFFECTS
Ensuring recycling in multi-family and commercial buildings has the potential to confer numerous benefits. Trash can end up in a variety of places once it is thrown away, but one of the most common places is landfills. The decomposition of organic materials in landfills produces landfill gas (LFG) which is composed of about 50% methane and 50% carbon dioxide, both of which are potent greenhouse gases (GHGs).[5] Landfills are the third largest source of human-related methane emissions. By reducing the amount of waste sent to landfills through diversion, the emission of GHGs is decreased.[6] Some waste also makes its way to incinerators where it is burned and turned to ash.[7] Although incinerators can generate electricity, the burning process produces gases like nitrogen oxides and sulfur dioxide both of which cause smog.[8] The emissions of these gases can also be reduced by increasing recycling in multi-family and commercial buildings. Further, recycled material is able to be reused to produce similar products which decreases the consumption of natural resources.[9]
In addition to its environmental benefits, increased recycling can benefit a municipality economically. According to the 2016 Recycling Information Report, recycling generated over six and a half billion dollars in local and state tax revenue in 2007.[10] Further, “[s]tudies have shown that for every one job in waste management there are four jobs in recycling. After the recycling process, even more jobs are created for making new goods out of the recycled materials.”[11] Owners of commercial or multi-family buildings are also able to benefit due to recycling collection services often being less expensive than regular waste collection services.[12]
EXAMPLES
Citrus Heights, CA
This ordinance states that any business or multi-family residential property owner that generates four or more cubic yards of commercial solid waste per week or owns a multi-family property with five or more dwelling units is a “covered generator” and is required to obtain and maintain recycling collection services.[13] “Covered generators” must also obtain organics recycling services with some businesses being required to separate food scraps from green materials.[14] “Covered generators” can either enter into service agreements with authorized haulers or do self-hauling in accordance with the ordinance.[15] In addition, recyclable material containers are to be provided in multi-family residential rental units as well as maintenance and work areas where recyclable materials may be collected or stored.[16] A sign stating where an employee or tenant can find these containers and what is to be separated must also be posted.[17] Tenants in a multi-family building are responsible for separating their recyclable materials and a building owner cannot be cited for their noncompliance.[18]
To view the provision, see Citrus Heights, CA- Code of Ordinances § 74-128 (2016).
Austin, TX
As of October 1, 2016 all owners or managers of multi-family residential properties with at least five units must ensure access to on-site recycling services and be in compliance with Austin’s Universal Recycling program.[19] All premises for which all or part is used for non-residential use must be in compliance by October 1, 2017.[20] At a minimum, the materials to be separated must include paper, plastic, aluminum, corrugated cardboard, and glass.[21] Organic material must also be collected if the premises contains a food enterprise.[22] A manager or owner of a property can remove the recyclable material by either contracting with a City-licensed hauler or self-hauling. When self-hauling, they have the option of not only taking the materials to recovery facilities, but also to urban and rural farms or ranches and food banks.[23] In addition to a recycling plan that needs to be submitted to the City, responsible parties are also required to provide recycling information and instructions to all tenants and employees annually.[24]
To view the provision, see Austin, TX- Code of Ordinances § 15-6-91 (2014).
ADDITIONAL EXAMPLES
Maplewood, MN Code of Ordinances § 30-22 (2012) (owner of a multi-family dwelling required to make recycling services available on the premises to residents).
Salt Lake City, UT City Code § 9.08.200 (2016) (multi-family or non-residential building that generates four or more cubic yards of solid waste or recyclable material is required to either subscribe to a recycling services or do self-hauling).
Seattle, WA Municipal Code § 21.36.082 (2017) (all commercial buildings are required to separate paper, cardboard, glass, plastic, aluminum, tin, food waste, compostable paper, and yard waste for recycling).
Minneapolis, MN Code of Ordinances § 225.780 (1994) (owners of building containing two or more dwelling units must provide for the separation of all recyclable materials from solid waste).
Cambridge, MA Code of Ordinances § 8.24.070 (2007) (establishes the mandatory separation of certain recyclable materials in all buildings in the city).
CITATIONS
[1] Multifamily and Commercial Recycling, City of Orlando, http://perma.cc/YH2B-3WC4 (last visited May 29, 2018).
[2] Recycle Ann Arbor, Multi-Family Recycling Incentive Pilot Program, City of Ann Arbor 3 (Sep. 8, 2017), http://perma.cc/E5FL-CQKX.
[3] City of Orlando, supra note 1.
[4] Id.
[5] Landfill Methane Outreach Program (LMOP), EPA, http://perma.cc/E44Q-J4XW (last visited May, 29 2018).
[6] Id.
[7] Dan Kulpinski, Human Footprint: Where Does All the Stuff Go?, National Geographic, http://perma.cc/8PME-DQRP (last visited May, 25 2018).
[8] Id.
[9] Id.
[10] The Economic Benefits of Recycling, Ever Green Environmental (Nov. 9, 2017), http://perma.cc/UT3H-MHW3.
[11] The Benefits of Recycling, Renewable Resources Coalition (Dec. 15, 2016), http://perma.cc/HDR6-MGUU.
[12] City of Orlando, supra note 1.
[13] Citrus Heights, CA Code of Ordinances § 74-128 (2016).
[14] Id.
[15] Id. at § 74-129.
[16] Id.
[17] Id.
[18] Id. at § 74-137.
[19] Austin, Texas Code of Ordinances § 15-6-91 (2014).
[20] Id.
[21] Id. at 15-6-92.
[22] Id.
[23] Id.
[24] Id. at 15-6-93, 15-6-101.