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Welcome to the latest 2022 Organics Management (OM) Law bulletin. In this edition, you’ll find information about where in Washington state the business organics management requirements established under the law will apply in 2024. This bulletin also answers some of the more frequently asked questions we’ve been getting about how these requirements will be implemented. More information on the management of organic materials for businesses can be found on our website.
Business Organics Management Areas (BOMA)
By July 1 each year Ecology is required under RCW 70A.205.545 to determine and post on our website where businesses in Washington state must arrange for organics management services to reduce their organic material waste. This determination covers the period from January 1 to December 31 for the following year.
The Business Organics Management Areas (BOMA) for the period from January 1, 2024 to December 31, 2024 can be found here: 2024 Business Organics Management Areas (wa.gov)
The BOMA represents those parts of the state where we have determined both these conditions exist:
- Businesses have access to year-round curbside food waste and organic materials collection, and these materials are delivered to an organics management facility such as a compost facility or anaerobic digester for processing.
- Capacity exists at these facilities to accept increased volumes of organic materials from businesses.
To make this determination, Ecology consulted with local governments, haulers, and compost facilities. We also solicited public comment on a preliminary draft of the BOMA map through our E-comments portal. The map reflects what we learned through this process.
The BOMA will not be expanded in 2024. However, if a local government provides Ecology written notification that one or both the conditions listed above don’t exist in their jurisdiction, or in a portion of their jurisdiction, we will remove those areas from the BOMA.
Business Organics Material Management FAQs
Below are some answers to frequently asked questions about the business organics management requirements.
What role will Ecology play in supporting businesses to comply?
Ecology will develop a tool kit to support local governments, haulers, and industry associations to educate and provide technical assistance to businesses to help them determine whether the requirements apply to them and what options are available to them to comply. This tool kit will be designed to support all businesses to identify ways to reduce their organic waste whether they are impacted by the requirements under the OM law or not.
How is a business defined under the OM law?
A business is defined as any for-profit or non-profit commercial or public entity. This includes firms, partnerships, corporations, associations, schools, hospitals, and public agencies and institutions.
Multifamily residential entities are not considered businesses under RCW 70A.205.545
Which businesses will be impacted and when?
Only businesses located in the BOMA and dispose of a certain volume of organic materials and solid waste will be impacted. You can find out if a particular business is in the BOMA by using the address search bar in the top left corner of the BOMA map.
Below is a list of the types of businesses in a BOMA that will be impacted and when:
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Jan. 1, 2024: Businesses generating at least eight cubic yards of organic material waste per week must arrange for organic materials management service.
Only a small percentage of businesses located in a BOMA will be impacted in 2024. These businesses may include large grocery stores, institutions, and large food processors. In California, which has similar requirements, only about 1% of businesses fell into this group.
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Jan. 1, 2025: Businesses generating at least four cubic yards of organic material waste per week must arrange for organic materials management service.
The number of impacted businesses will grow in 2025 but will still represent a small percentage of the total number of businesses located in the BOMA. California estimated that about 5% of businesses fell into this group.
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Jan. 1, 2026: Businesses generating at least four cubic yards of solid waste per week must arrange for organic materials management service.
Starting in 2026, many more businesses in the BOMA will be impacted because the requirement applies to the total amount of solid waste generated each week. California estimated that about 50% of businesses may fall into this group.
How is organic material defined under the OM law?
Organic waste includes:
- Food waste (from fruits, vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, and similar materials that results from the storage, preparation, cooking, handling, selling, or serving of food for human consumption).
- Other organic waste: manure, food processing waste, wood waste, etc.
- Waste from gardening and landscape work.
Do the requirements apply to landscaping debris generated by businesses?
These requirements do apply to businesses arranging for gardening and landscape work. Following the schedule above, they must ensure this material is being taken to an organics management facility for processing.
Are there types of organic materials that are not counted when the volume of organic materials generated by a business is calculated?
Some organic materials are not counted when determining whether a business needs to meet the new requirements. These include material managed on-site, materials sold or donated to another business for off-site use, and material generated from natural disasters.
Does an impacted business need to subscribe to a curbside organics material collection service to meet the requirements of the OM law? Are there other options?
Although these requirements only apply in parts of the state where curbside organics collection including food is available to businesses, subscribing to a collection service is not the only option an impacted business can choose to comply with them. Other options to manage organics materials can include one or some combination of the following:
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Preventing food and landscape waste: This could include using tools to track and better manage food inventories, and landscaping in ways that generate less organic waste to manage.
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Donating or selling food: This could include participating in a local food rescue or recovery program or selling food or fiber to another business for off-site use.
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Managing organic waste on-site. This could include the use of small-scale composters, anaerobic digestors, and other similar systems.
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Self-hauling organic waste: Businesses can choose to haul their organic waste directly to an organic materials management facility.
How will the business organic material management requirements be enforced?
The OM law gives jurisdictional health departments the authority to enforce these requirements. However, they may decide not to exercise this authority. If they do, two written notices must be issued before penalties are levied, and businesses cannot be charged administrative or enforcement fees.
How do we learn more?
Visit the BOX platform for additional resources regarding the Organics Management Law.
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Next Month
In the next message we will continue to provide updates on the Organics Management Requirements with additional FAQs.
Questions
Alli Kingfisher
Organics and Food Center Unit Supervisor
Organics@ecy.wa.gov
509-960-1290
Thanks again for your interest!
To request ADA accommodation, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831, 711 (relay service), or 877-833-6341 (TTY). More about our accessibility services.
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