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Committee advances mandatory recycling and composting ordinance after extensive public testimony

San Francisco County Government Audit & Oversight Committee · May 28, 2009
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Summary

The committee advanced an ordinance to require recycling and composting citywide, with enforcement focused on education first and fines/liens for repeat or no‑service cases; the hearing included extensive input from janitors, labor (Local 87), building owners and service providers and accepted amendments defining janitor roles and multi‑tenant enforcement procedures.

The committee considered a proposed ordinance to amend the environment code, public works code and health code to require all persons in San Francisco to separate recyclables, compostables and landfill trash, expand enforcement mechanisms and authorize relevant inspection fees.

Jared Blumenfeld (Department of the Environment/Recology) presented the rationale: San Francisco’s diversion rate was cited at roughly 72% and the city’s goal is 75% by 2010; Blumenfeld described the large share of compostable and recyclable material still going to landfill (he cited roughly 36% compostable and 31% recyclable among landfill materials) and argued mandatory separation is needed to reach the target. He emphasized education as the primary enforcement tool and proposed a graduated enforcement program with cart hang tags, letters and small fines up to $100 for residential repeat offenders and administrative penalties/liens for commercial or no‑service cases.

Blumenfeld and Department of Public Works representative Douglas Legg described that multi‑tenant buildings must offer collection services (trash, recycling and compost), that lack of space can qualify for exemptions, and that building owners could face fines up to $500 if no service is offered. Recology and private refuse providers described operational roles in tagging and outreach. Blumenfeld read amendments clarifying a definition of "janitor" and provisions requiring owners and managers of commercial properties to work with on‑site janitors to create source separation programs.

The public comment period was lengthy. SEIU Local 87 leaders and many janitors spoke in strong support, saying janitors had been included in draft language and voicing concerns about increased physical workload and injuries from added bin handling; they emphasized the need for training, reasonable staffing and implementation details. Supporters from supportive housing, hotel operators, Recology and the Chamber of Commerce described cost savings and diversion benefits; some small property owners and managers asked for clear guidance on who receives notices and how "strikes" or fines would be applied. Blumenfeld and staff clarified enforcement mechanics: the ordinance focuses fines on owners who fail to provide required service and on repeat, egregious contamination; small generators and residents would receive warnings and targeted outreach first, and any fines must be set by regulation and capped.

The committee accepted several technical amendments, the clarifications on janitor definitions and a mechanism to review multi‑tenant exemptions. After discussion the committee moved the ordinance forward to the full Board as amended.

What’s next: The ordinance will be considered by the full Board; Recology, the Environment Department and DPW will continue to refine implementation rules, enforcement thresholds and education plans.