MARYLAND LAW
Overview
House Bill 264, Solid Waste Management – Organics Recycling and Waste Division – Food Residuals, was passed by the Maryland General Assembly in 2021. This law requires large food waste generators, including schools, to divert food waste from trash disposal systems. Instead, these food residuals must be diverted for use in composting, anaerobic digestion (clean energy production), or agricultural use.
Which Schools are Impacted?
It is important to note that compliance requirements are assessed at the school level, not at a system-wide level. Therefore, you may have some schools in your district that are required to comply with the law and others that are not.
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As of January 1, 2023 - Schools that produce more than 2 tons of food residuals per week must be in compliance.
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As of January 1, 2024 - Schools that produce more than 1 ton of food residuals per week must be in compliance.
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Schools are only required to comply if they are located within 30 miles of an organics recycling facility that has capacity and is willing to enter into a contract.
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A waiver may be granted if a school demonstrates that food diversion costs exceed 10% of the cost of disposing food residuals at a refuse disposal facility.
Waiver Process
A school may apply for a waiver if:
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It can demonstrate an undue hardship because of the following:
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The cost of diverting food residuals to a compliant path is more than 10% expensive compared to diverting to a refuse disposal system
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For other reasonable circumstances
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The school generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern
For questions about the waiver application process or to assess your eligibility to apply for a waiver, please contact the Maryland Department of the Environment - Land and Materials Administration - Waste Diversion Division:
Shannon McDonald - Shannon.McDonald@maryland.gov - 410-537-3143
Tim Kerr - Timothy.Kerr2@maryland.gov - 410-537-4205
MDE Resources for Schools
MDE Organics Recycling & Food Residuals Diversion Website
Food Residual Generation Estimates
Organic Waste Recyclers Locator (Map)
Wasted Food Minimization and Related Activities Toolkit for Maryland Schools
CONTACTS
Shannon McDonald - Shannon.McDonald@maryland.gov - 410-537-3143
Tim Kerr - Timothy.Kerr2@maryland.gov - 410-537-4205
