Enforcement & Violations
Under State law SB 1383 and the local Organics Reduction and Recycling Ordinance, all businesses, nonprofits, institutions, and multifamily properties in Alameda County (“sites”) must have compost (organics) and recycling collection service, have the correct indoor bins, and sort materials correctly. Some businesses must also recover and donate their surplus edible food.
Enforcement of these rules is a collaborative effort between StopWaste, the cities of Alameda County and their solid waste service providers, and environmental health departments. Warnings (a “Notice of Violation”) are given before a citation and fine is issued. Fines range from $50-$500.
Did you receive a letter? Find the type of letter or inspection report below that matches the one you received, then complete the steps necessary to correct the violation(s) and prevent future fines.
Notice of Violation
This is a warning before a citation and fine are issued.
You must take the actions described in the letter or inspection report before the due date to avoid a citation and fine. Your Notice of Violation may originate from either StopWaste or the Alameda County Environmental Health Department.
Citation
If you received this letter, a fine is being assessed for not addressing the issues identified in your Notice of Violation.
You must pay the fine, resolve your violation(s), and submit documentation by the due date listed in your citation letter to avoid additional fines.
What are the fines that could be assessed for violations?
The table below shows the potential fines for each violation. If a site fails to comply with any requirement of the law, a warning (Notice of Violation) will be issued. If the site still fails to comply 60 days after the warning was issued, a fine will be assessed for each requirement that is violated. Fine amounts increase with subsequent violations.
Note, fine amounts are assessed at two levels: For compost and recycling service requirements, fine level depends on the amount of garbage a site generates per week. For edible food recovery requirements, fine level depends on the food generator type (Tier 1 or Tier 2 generator; click here to learn more).
Violations(Each violation constitutes its own fine) |
Fine Level Category | 1st Citation | 2nd Citation | 3rd and Subsequent Citations |
|
Compost & recycling service violations:
|
Less than 2 cubic yards of garbage / week | $50 | $100 | $250 |
| 2 or more cubic yards of garbage / week | $100 | $200 | $500 | |
|
Edible food recovery violations:
|
Tier 1 Commercial Edible Food Generator | $100 | $200 | $500 |
| Tier 2 Commercial Edible Food Generator | $50 | $100 | $250 | |
|
All FROs and FRSs | $50 | $100 | $250 |
Common questions about violations:
- Did you receive a violation in error?
Please submit proof using this form so we can update our records. If the violation was for lack of compost or recycling service and you have an alternative arrangement for collection, such as self-hauling, back-hauling, sharing service with another account holder, or contracting with a third-party recycler, please complete a Certification of Compost and Recycling Service form here. - Do you qualify for a waiver? You may qualify for a waiver of the compost and recycling collection requirements if you generate only minimal amounts of compostable or recyclable materials or lack the necessary physical space for containers. Learn more and apply here. Note, waivers are not available for edible food recovery requirements. If you do not generate enough surplus edible food to donate, you must provide additional documentation using this form.
Additional questions? Contact us here or use our webform to request in-person assistance.
