Recycling is mandatory in all residential buildings with five or more units. This law has been in effect since July, 2012, but starting January 1, 2013, governed residential buildings in Berkeley will be subject to a finding of non-compliance. The first violation will result in a warning letter to the property owner and an offer of free assistance to help the owner come into compliance. If violations continue, the property owner may be fined.
What does a property owner have to do? Five things:
• Arrange for sufficient number of receptacles for amount generated on-site;
• Place the recyclable containers at same location as garbage cans;
• Mark recycling containers with signs on the correct way for tenants to separate recyclables;
• Provide tenants with information annually re where the recycling containers are located and how to use them; and
• Provide info to tenants no later than 14 days after move-in and no less than 14 days prior to move out.
What does a tenant have to do with respect to recycling?
• Properly separate recyclable material from garbage.
A landlord is not liable for tenants’ failure to property sort recycling from garbage, if the property owner meets their obligations above.
Here’s a useful link to guide property owners to ensure compliance with the new ordinance: http://www.recyclingrulesac.org/multi-family/support-materials/
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