(a)(1) On and after January 1, 2014, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than one hundred four tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.

1. (2) On and after January 1, 2020, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than fifty-two tons per year of source-separated organic materials shall:

   1. (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.

2. (3) On and after January 1, 2022, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from either an authorized source-separated organic material composting facility an authorized transfer station or any collection location authorized to receive source-separated organic materials, and that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall:

   1. (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.

3. (4) On and after January 1, 2025, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall:

   1. (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material. For the purposes of this section “institution” means any establishment engaged in providing hospitality, entertainment or rehabilitation and health care services, and any hospital, public or independent institution of higher education building or facility or correctional facility.

4. (5) On and after July 1, 2026, each public or nonpublic school building or educational facility in which students in grades kindergarten to twelve, inclusive, or any combination thereof, are enrolled, that is located not more than twenty miles from either an authorized source-separated organic material composting facility and that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall:

   1. (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
   2. (b) Any such wholesaler, distributor, manufacturer, processor, supermarket, institution, resort or conference center that performs composting of source-separated organic materials on site or treats source-separated organic materials via on-site organic treatment equipment permitted pursuant to the general statutes or federal law shall be deemed in compliance with the provisions of this section.
   3. (c) Any permitted source-separated organic material composting facility that receives such source-separated organic materials shall report to the Commissioner of Energy and Environmental Protection, as part of such facility's reporting obligations, a summary of fees charged for receipt of such source-separated organic materials.
   4. (d) Not later than January 1, 2022, the Commissioner of Energy and Environmental Protection shall establish a voluntary pilot program for any municipality that seeks to separate source-separated organic materials and ensure that such source-separated organic materials are recycled at authorized source-separated organic material composting facilities that have available capacity and that will accept such source-separated organic material.
   5. (e) On or before March 1, 2025, and annually thereafter, each wholesaler, distributor, manufacturer, processor, supermarket, resort, conference center or institution that is subject to the provisions of this section shall submit a report to the Department of Energy and Environmental Protection in electronic format. Such report shall summarize such entity's amount of edible food donated, the amount of food scraps recycled and the organics recycler or recyclers and associated collectors used.

(P.A. 11-80, S. 1; 11-217, S. 3; P.A. 13-285, S. 4; P.A. 21-16, S. 2; P.A. 23-170, S. 5; P.A. 24-45, S. 6.)

History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-285 amended Subsec. (a) by replacing provision re separation of source-separated organic materials not later than 6 months after establishment of 2 or more source-separated organic material composting facilities in the state with “(1) On and after January 1, 2014”, adding provision re source located not more than 20 miles from an authorized source-separated organic material composting facility, adding provision re authorized facility having available capacity that will accept source-separated organic material, adding Subdiv. (2) re organic material separating and recycling requirements applicable on and after January 1, 2020, and making conforming changes; P.A. 21-16 amended Subsec. (a) by adding Subdiv. (3) re organic material separating and recycling requirements applicable on and after January 1, 2022, and added Subsec. (d) re establishment of voluntary pilot program for any municipality seeking to separate and recycle source-separated organic materials; P.A. 23-170 amended Subsec. (a)(3) to alter requirement to either 20 miles from an authorized source-separated organic material composting facility, an authorized transfer station or any collection location authorized to receive source-separated organic materials, added Subsec. (a)(4) re requirement for each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution that generates an average projected volume of not less than 26 tons per year of source-separated organic materials, amended Subsec. (b) to add reference to each institution and added Subsec. (e) re annual reports by each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution concerning food amounts donated and recycled, effective June 29, 2023; P.A. 24-45 amended Subsec. (a) by replacing “private educational” with “independent institution of higher education building or” in Subdiv. (4) and adding Subdiv. (5) re public or nonpublic school buildings or educational facilities in which students in grades kindergarten to 12 are enrolled, effective July 1, 2024.