Cal. Civ. Code § 410.560
Refuse
Operative Text
(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.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.
Plain English — not legal advice.
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.
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.
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