Maryland Statewide Rule
Maryland Organics Recycling Mandate Large Generators
Key Facts
- Statute
- HB 264 (2021)
- Current Threshold
- 1 ton per week
- Distance Trigger
- 30-mile radius
- Exempt
- Restaurants
- Cost Waiver
- Above 10% premium
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.
A recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a homeowners association may not prohibit or unreasonably restrict a lot owner from: (1) Composting organic waste materials for the lot owner's personal or household use, provided that the lot owner: (i) Owns or has the right to exclusive use of the area where the composting is conducted; and (ii) Observes all laws, ordinances, and regulations of the State and local jurisdiction that pertain to composting; or (2) Contracting with a private entity to collect organic waste materials from the lot owner for composting at a composting facility.
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 & Penalties
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?
How does a generator qualify for a cost waiver?
Sources
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