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.
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.
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.
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See how Gaithersburg's composting rules stack up against other locations.
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