Cal. Civ. Code § 410.560

Refuse

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MassachusettsHabitability & Repair

Operative Text

Cal. Civ. Code § 410.560
(A) Except as provided in 105 CMR 410.560(C) and 105 CMR 410.560(E)(4), the owner of
          any residence that contains two or more dwelling units, the owner of any rooming house,
          homeless shelter, manufactured housing community, and the occupant of any residence
          containing one dwelling unit shall be responsible for and pay for the final collection and ultimate
          disposal of refuse.

          (B) Occupants of any residence shall follow the requirements established by their community
          for separation of recyclables, yard waste, food waste, and/or bulk item materials from refuse.

          (C) Occupants and owners shall be responsible for the disposal of their bulk items in
          accordance with requirements established by their municipality.

(D) Storage.
              (1) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with
              tight-fitting covers. Receptacles and covers shall be durable, pest-resistant and deter access
              by wildlife.
              (2) Plastic bags or biodegradable liners shall be used as a liner to store garbage or mixed
              rubbish and garbage in the required receptacles.
              (3) If a dumpster or cart-based automated or semi-automated system is used for storage and
              collection of garbage or mixed rubbish and garbage, no liner shall be required.
              (4) Recyclables and garbage or mixed garbage and rubbish shall be stored in a manner that
              does not obstruct an egress, cause disease or health risk to humans or pets, or cause damage
              to property or the environment and is in accordance with the municipality's requirements.

           (E) Collection.
              (1) The owner of any residence shall provide a sufficient number of receptacles required by
              105 CMR 410.560(D)(1) for the storage of refuse and recyclables before final collection or
              ultimate disposal.
              (2) An owner who provides a dumpster or other suitable container, shall locate them on the
              property so as to be convenient to the occupant, so that no objectionable odors enter any
              residence, and in accordance with 527 CMR 1.00: Massachusetts Comprehensive Fire
              Safety Code. Dumpsters shall be covered, protected from leakage, and placed on an
              impervious material.
              (3) The occupants of each residence shall be responsible for the proper placement of their
              refuse in the receptacles provided by the owner, in any dumpster or suitable container if
              provided by the owner, or according to the municipality's requirements.
              (4) In municipalities with a Pay as You Throw Program in which a fee per bag of waste to
              be collected is charged, the occupant shall follow all municipal requirements and shall be
              responsible for all fees.
              (5) Refuse shall be put out for collection in accordance with local municipal requirements,
              but no earlier than the day before collection. Garbage put out the day before collection must
              be placed in containers meeting the requirements of 105 CMR 410.560(D)(1).
              (6) Plastic bags may be put out the day of collection, except in those places where such
              practice is prohibited by local rule or ordinance or in those cases where the board of health
              determines that such practice constitutes a health problem.

           (F) Disposal may be by means of:
              (1) The regular municipal collection system;
              (2) Any other collection system approved by the board of health;
              (3) When otherwise lawful, a garbage grinder which grinds garbage into the kitchen sink
              drain finely enough to ensure its free passage, and which is otherwise maintained in a
              sanitary condition;
              (4) When otherwise lawful, by backyard composting of compostable material, provided that
              the composting operation does not attract pests and does not create a nuisance, and provided
              further that in the case of composting by an occupant, the occupant obtains the prior written
              permission of the owner; or
              (5) Any other method of disposal which does not endanger any person and which is
              approved in writing by the board of health.
Source: Legislative text reproduced verbatim
Plain English

Under 105 Mass. Code Regs. § 410.560, responsibility for refuse collection and disposal is divided based on the type of residence: owners of multi-unit buildings, rooming houses, homeless shelters, manufactured housing communities, and similar properties bear the cost of final collection and disposal, while single-unit occupants handle that responsibility themselves. The regulation also sets detailed standards for how refuse must be stored — in pest-resistant, watertight containers with tight-fitting covers — and how it must be put out for collection, generally no earlier than the day before pickup. Occupants must follow local recycling, composting, and bulk-item separation rules, and disposal must occur through an approved method such as municipal collection, a board-of-health-approved system, or lawful composting.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under 105 Mass. Code Regs. § 410.560, owners of properties with two or more dwelling units are generally responsible for arranging and paying for final refuse collection and disposal. Compliant operators typically supply a sufficient number of watertight, pest-resistant receptacles with tight-fitting covers, and — if a dumpster or automated container system is provided — position it conveniently on the property, free of objectionable odors, protected from leakage, placed on an impervious surface, and in compliance with 527 CMR 1.00 (the Massachusetts Comprehensive Fire Safety Code). Owners of properties in municipalities with a Pay as You Throw Program should be aware that under § 410.560(E)(4), fee responsibility for those programs falls on the occupant, not the owner.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 105 Mass. Code Regs. § 410.560, occupants have defined responsibilities regardless of who pays for collection: they must place refuse properly in owner-provided receptacles or dumpsters, follow local rules for separating recyclables, yard waste, food waste, and bulk items, and put refuse out no earlier than the day before scheduled collection. Tenants in single-unit residences are also responsible for the cost of final collection and disposal under § 410.560(A). If a landlord in a multi-unit building is failing to provide adequate receptacles or maintain proper refuse conditions, tenants may consider contacting their local board of health, which has authority over these standards, or reaching out to a tenant-rights organization for general guidance on available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 30, 2026
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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections