Recycling Legislation

Senate Bill 1383 (SB 1383) was signed into California law in 2016, establishing statewide methane emission reduction goals.  Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions contributing to global climate change.  To reduce organic waste in landfills, SB 1383 has two main goals:

1. Reduce the amount of organic material disposed in land­fills by 75% by 2025.
2. Donate 20% of edible food to organizations who help feed people in need.

This bill expands upon the goals of AB 341: Mandatory Commercial Recycling and AB 1826: Mandatory Commercial Organics. However, SB 1383 is unique in that it impacts residents, in addition to businesses, and requires that everyone across the state recycle organic materials.  SB 1383 also requires some businesses to donate excess edible food to feed people in need.  For more information, visit the Edible Food Recovery.

Who must comply?

• Residents of single-family and multi-family properties
• Commercial businesses
• Commercial food generators
• Schools
• Government entities

For more information on how this legislation affects you directly, please go to Recycling for Residents OR Recycling for Businesses/Multi-family Properties.

What must I do?

In the City of Mission Viejo, residents and businesses have access to a three-container system for waste disposal. This system includes a landfill container (black lid), recycle container (blue lid), and organics container (green or brown lid). To comply with SB 1383, residents and businesses should have access to this three-container system and properly sort materials into each.

How do I properly sort materials?

Recyclable material goes in the container with the blue lid and includes the following.

• Paper including newspaper, cardboard, paper envelopes, junk mail, magazines, and paper bags.
• Metal including aluminum cans, empty aerosol cans, tin cans, and steel cans.
• Glass including bottles and food jars.
• Plastics including bottles, jugs, jars, and containers/tubs.

Organic waste goes in the container with the green or brown lid and includes the following.  

• Food scraps including all solid, semi-solid and liquid food such as fruit, vegetables, cheese, meat, bones, poultry, seafood, bread, rice, pasta, coffee grounds, and oils.
• Yard trimmings include grass clippings, leaves, flowers, hedge clippings, and weeds.  Non-hazardous wood waste includes tree branches, tree trunks, and untreated lumber.

Landfill waste (trash) goes in the container with the black lid and includes items that cannot be placed in the recycle or organics containers. Examples are included below.

• Polystyrene foam, plastic liners/film, plastic utensils, soiled paper cups, wax-coated paper cups, pet waste, diapers/bathroom waste, garden hoses, and non-donatable clothing, bedding, and textiles.

Please note that these lists of materials are not exhaustive. The City’s waste hauler, WM, can be contacted with questions about where certain materials should be placed. 

Where can I find the City’s mandatory recycling ordinance?

The City passed a mandatory recycling ordinance in July of 2021.  You can find a copy of the ordinance here.

What if I do not participate?  How will the City enforce?

SB 1383 required that City adopt a mandatory recycling ordinance. Requirements for residents (single-family generators) are detailed in Mission Viejo Municipal Code Section 6.10.505 and requirements for commercial businesses (including multi-family properties) are detailed in Mission Viejo Municipal Code Section 6.10.510. Part of this mandatory ordinance required that City’s adopt an enforcement process for non-compliant generators, including residential and commercial businesses, effective January 1, 2024. 

Thus, the City must monitor for non-compliance, which may be done by City staff, City consultants, and/or the City’s franchise waste hauler WM. Generators found to have no or inadequate access to the three-container system described above will be notified by the City of their requirement to comply with SB 1383 and the City’s Municipal Code. The first notice will come with information on how to move into compliance and the City is required to report any non-compliance to the State. The non-compliant generator will be given up to 60 days to correct the violation. If, after 60 days, the generator is still non-compliant, the City will follow up with additional enforcement action, which may result in administrative citation and administrative fine per Mission Viejo Municipal Code Chapter 1.03. Please note that the City is prioritizing working continuously with its partners to provide education and technical assistance to ensure all generators are compliant.

How can I submit a concern about a potential violation?

The City actively works to provide information and assistance to generators to help them achieve and maintain compliance with solid waste regulations, including the requirements of SB 1383. Adapting to new rules and regulations can take time, and the City (by policy) approaches each violation or potential violation with an education-first approach when possible. However, starting in January 2024, State law requires the City to distribute Notices of Violation for any violation of SB 1383. To ensure that everyone can benefit from information on compliance, especially those who may not have a full understanding of the law, SB 1383 requires jurisdictions to provide customers with a method to provide an anonymous complaint about a potential violation of the SB 1383 regulations. The Access MV 24/7 portal can be used to submit an anonymous concern or complaint about a potential violation of the SB 1383 regulations. Customers can also submit complaints and concerns about potential violations to publicworks@cityofmissionviejo.org, 949-470-3056, or by mail to City of Mission Viejo Public Works Department, Attn: Waste Management Program, 200 Civic Center, Mission Viejo, CA 92691.

California’s Assembly Bill 341requires all commercial businesses and multi-family properties to recycle. The legislation became effective July 1, 2012, and was designed to help meet California's recycle goal of 75% by the year 2020.

Assembly Bill 1826, a precursor to SB 1383, requires all businesses that generate a certain amount of organic waste (food waste) to develop a program to recycle that waste. Organic waste includes food scraps, vegetable trimmings, plate scrapings, and spoiled food. The City’s waste hauler, Waste Management (WM), developed a Food Recycling Program to help businesses meet the requirements of Assembly Bill 1826.

To comply with the law, businesses can select from any combination of these food-recycling options:

• Recycle food scraps (service provided by WM)
• Donate edible food to a food bank
• Self-haul food scraps to be composted or recycled

In partnership with its waste hauler, the City provides complimentary technical assistance to help businesses comply with these laws.  For more information or to request assistance, please contact the Public Works Department at publicworks@cityofmissionviejo.org or call 949-470-3056.

Effective July 1, 2020, Assembly Bill 827 (AB 827) mandates fast-casual food service establishments to provide customers with disposal containers for three types of materials – food scraps, recyclables, and trash – generated from products purchased and consumed onsite. Please note that, as of January 1, 2022, this requirement is now part of SB 1383 and Mission Viejo Municipal Code 6.10.510 requirements for commercial businesses.