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Gaithersburg, MD Landscaping Rules: Composting (2026)

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Key Facts

Statute: HB 264 (2021)
Current Threshold: 1 ton per week
Distance Trigger: 30-mile radius
Exempt: Restaurants
Cost Waiver: Above 10% premium

Maryland state rule: Gaithersburg does not have a local ordinance for composting. This topic is governed by Maryland state law and applies uniformly across the state.

Summary

Maryland law requires large food waste generators statewide to divert organics from landfills through reduction, donation, or composting when an organics recycling facility exists within thirty miles.

Full Breakdown

House Bill 264 of 2021, codified in the Environment Article, established a statewide organics diversion mandate. As of January 1, 2023, generators producing two tons of food residuals per week must reduce, donate, or recycle that material. The threshold dropped to one ton per week on January 1, 2024. Covered generators include supermarkets, hotels, universities, food processors, and food distribution warehouses; restaurants are exempt. Diversion is required only when a permitted organics recycling facility lies within a thirty-mile radius and has capacity. Cost-based waivers are available where diversion exceeds disposal cost by more than ten percent.

Violations & Fines

Failure to comply may result in enforcement action by the Maryland Department of the Environment, including notices of violation, civil penalties, and corrective orders under Environment Article enforcement provisions.

Frequently Asked Questions

Are Maryland households required to compost food scraps?

No. The state mandate covers only large commercial and institutional generators. Residential composting remains voluntary, though many counties offer drop-off or curbside programs.

How does a generator qualify for a cost waiver?

A generator may apply to MDE if diversion costs more than ten percent above disposal costs. Documentation of comparative pricing is required for waiver approval.

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Gaithersburg, MD Landscaping Rules: Composting (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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