CalRecycle Enforcement and Compliance Programs

CalRecycle’s enforcement programs ensure regulated entities comply with state laws, regulations, and standards.

  • Enforcement goals include:
  • Protecting public health, safety and the environment
  • Providing the public with convenient opportunities to recycle
  • Preventing illegal recycling or waste disposal and
  • Ensuring a level playing field for related businesses.

CalRecycle focuses on deterring and preventing problems before taking formal enforcement action. Compliance is monitored through audits, investigations, evaluation and enforcement. Potential violations span a wide spectrum and almost all can result in administrative actions or civil penalties. Some are subject to criminal penalties. CalRecycle partners with the state Office of the Attorney General, Department of Justice, California Department of Food and Agriculture, California Highway Patrol, and various local law enforcement agencies to pursue criminal investigations and prosecution of individuals and entities who commit program related fraud and abuse.

Enforcement Programs

Beverage Container Recycling. CalRecycle regulates the sale, collection, and recycling of beverage containers made from aluminum, glass, plastic, and bimetal. CalRecycle’s enforcement efforts focus on compliance with the recordkeeping, reporting, and operational requirements to protect the Beverage Container Recycling Fund from unsubstantiated, improper, or fraudulent program payments.

Activities include but are not limited to, training (precertification) and testing for recycling centers, inspecting and reviewing recycling centers, conducting prepayment and post-payment risk assessments of claim data, inspecting recycler loads delivered to processors, validating proper cancellation of redeemed empty beverage containers, and investigating fraudulent claims or activities.

Local Government Waste Diversion. CalRecycle ensures all California cities, counties, and approved regional solid waste management agencies plan and implement programs to divert 50 percent of their solid waste annually. Compliance and enforcement activities include reviewing annual reports/related documents and conducting site visits.

Minimum Recycled Content

  • Rigid Plastic Packaging Containers (RPPC). Ensures RPPC product manufacturers meet one of several criteria designed to reduce the amount of plastic being landfilled and increase the use of recycled plastic resin in the manufacturing of new containers.
  • Recycled-Content Newsprint. Ensures printers and publishers located in California use of a specified amount of recycled content in newsprint.
  • Recycled-Content Trash Bags. Ensures manufacturers and wholesalers selling regulated plastic trash bags to California state agencies and departments meet mandates for recycled content

Product Stewardship/Extended Producer Responsibility. The regulated communities include manufacturers, brand owners, recyclers, and renovators. CalRecycle compliance responsibilities fall into two main categories: ensuring stewardship organizations for each product are administering programs to increase the recovery and recycling of products, and listing compliant manufacturers/brands/renovators. Activities include reviewing and approving stewardship plans and conducting investigations.

Solid Waste Facility Operation and Closure. CalRecycle regulates solid waste handling, processing, and disposal activities including landfills, transfer-processing stations, material recovery facilities, compost facilities, and waste-to-energy facilities. CalRecycle’s enforcement efforts focus on ensuring facilities are operating according to state minimum standards and permit conditions.

Activities include:

  • Certifying and evaluating local enforcement agency programs.
  • Reviewing/concurring on permit and closure/postclosure documents
  • Inspecting all facilities before permits are issued
  • Inspecting active and closed landfills and other facilities.

Waste Tire Hauling and Storage. CalRecycle regulates the collection, storage, handling, and disposal of waste tires. The regulated community includes waste tire-related businesses, registered waste tire haulers/handlers, and permitted waste tire storage/processing facilities. CalRecycle’s enforcement efforts ensure that facilities, sites, and haulers are operating according to state waste tire storage and handling standards.

Activities include:

  • Registering waste tire haulers.
  • Permitting waste tire facilities.
  • Inspecting haulers, generators and facilities.

Related Links

Annual Enforcement Reports

(Prior to 2010, solid waste and waste tire management programs were summarized in CalEPA Enforcement Reports.)

Enforcement Resources

For more information contact: Legal Office, LegalSec@calrecycle.ca.gov