Article 3. Organic Waste Collection Services

Modified on Fri, 21 Feb at 2:11 PM

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 3. Organic Waste Collection Services

Section 18984. Combined Organic Waste Collection Services.

A jurisdiction may provide any combination of organic waste collection services specified in Sections 18984.1, 18984.2, and 18984.3 to generators subject to its authority.

Section 18984.1. Three-container Organic Waste Collection Services.

(a) A jurisdiction may comply with the requirements of this article by implementing a three-container organic waste collection service and providing a green container, a blue container, and a gray container to each generator in the following manner:

(1) The green container shall be provided for the collection of organic waste. The green container shall be intended for the collection of organic waste only and not non-organic waste. The contents of the green container shall be transported to a facility that recovers source separated organic waste.

(A) Compostable plastics may be placed in the green container if the material meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as published May, 2019, which is hereby incorporated by reference, and the contents of the green containers are transported to compostable material handling operations or facilities or in-vessel digestion operations or facilities that have provided written notification annually to the jurisdiction stating that the facility can process and recover that material.

(2) The blue container shall be provided for the collection of non-organic recyclables only but may include the following types of organic wastes: paper products, printing and writing paper, wood and dry lumber and textiles. The contents of the blue container shall be transported to a facility that recovers the materials designated for collection in the blue container.

(3) The gray container shall be for the collection of non-organic waste only.

(4) A jurisdiction may comply with this section by providing a container or containers that are split or divided into segregated sections, instead of an entire container, as long as the lids of the separate sections of a split container comply with the container color requirements and material limitations specified in this section.

(5) Materials specified in this paragraph shall be subject to the following restrictions:

(A) Carpets, non-compostable paper, and hazardous wood waste shall not be collected in the green container.

(B) Hazardous wood waste shall not be collected in the blue container or gray container.

(6) A jurisdiction may require additional segregation of source separated organic waste by providing additional containers or additional sections of split containers in addition to the green container and blue container. The following types of additional containers can be provided pursuant to this paragraph.

(A) A brown container, or a brown section of a split container that is limited to the collection of separated food waste.

(B) If a jurisdiction segregates the contents of a blue container into an additional container or additional section of a split container in order to separate organic wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use a darker shade of blue for the container or section of the container designated for the collection of organic waste, and a lighter shade of blue, or any color not already designated for other materials specified in this section, for the collection of non-organic recyclables.

(C) Additional containers, or sections of split containers provided for collection of additionally separated organic waste not specified in this section, may be provided in any color provided that the colors do not conflict with the container color requirements of this section.

(b) A jurisdiction that provides a three-container organic waste collection service that complies with Subdivision (a) may transport the contents of the gray container to a facility that processes and recovers organic waste. A jurisdiction that complies with Subdivision (a) is not required to transport the contents of the gray container to a facility that meets or exceeds the organic waste content recovery standard specified in Section 18984.3. A jurisdiction will not be considered out of compliance with Subdivision (a) if it allows carpet and textiles to be placed in the gray container.

(c) Notwithstanding Subdivision (a), a jurisdiction providing a three-container organic waste collection service may allow organic waste, such as food waste, to be collected in the gray container provided that the collection program complies with the following:

(1) The contents of the gray container shall be transported to a facility that meets or exceeds the organic waste content recovery requirements specified in Section 18984.3.

(2) The gray container is labeled in a manner consistent with Section 18984.8 that identifies the types of organic waste content accepted in the gray container.

(3) The jurisdiction otherwise provides green and blue containers in a manner that complies with the requirements and limitations specified in Subdivision (a) of this section.

(d) A jurisdiction may allow organic waste to be collected in plastic bags and placed in the green container provided that allowing the use of bags does not inhibit the ability of the jurisdiction to comply with the requirements of Section 18984.5, and the facilities that recover source separated organic waste for the jurisdiction annually provide written notice to the jurisdiction indicating that the facility can process and remove plastic bags when it recovers source separated organic waste.

(e) Nothing in this section is intended to prohibit a jurisdiction from providing an uncontainerized green waste and yard waste collection service to its generators, provided that the three container service complies with the following:

(1) If an uncontainerized green waste and yard waste collection service is provided intermittently or on a seasonal basis, a green container is still provided for collection of organic waste as required in Subdivision (a)(1) whenever the uncontainerized service is not provided.

(2) If an uncontainerized green waste and yard waste collection service is provided year-round, generators receiving that service must be provided a collection service for the collection of other organic waste in a manner that complies with this section.

(f) Notwithstanding Subdivision (a), the contents of containers may be initially transported to a consolidation site as defined in Section 17402 that complies with the requirements of Section 17409.5.10.

Section 18984.2. Two-container Organic Waste Collection Services.

(a) A jurisdiction may comply with the requirements of this article by implementing a two-container organic waste collection service as provided below:

(1) A two container system where a green container and a gray container are provided and:

(A) The green container is limited to the collection of organic waste only. The contents of the green container shall be transported to a facility that specifically recovers source separated organic waste.

(B) The gray container allows for intentional comingling of all collected wastes, including organic waste that is not designated for collection in the green container, provided that the contents of the gray container are transported to a facility that meets or exceeds the organic waste content recovery requirements specified in

Section 18984.3.

(C) Compostable plastics may be placed in the green container if the material meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as published May, 2019, which is hereby incorporated by reference, and contents of the green containers are transported to compostable material handling operations or facilities or in-vessel digestion operations or facilities that have provided written notification annually to the jurisdiction stating that the facility can process and recover that material; or

(2) A two container system where a blue container and a gray container are provided and:

(A) The blue container is limited to the collection of non-organic recyclables only, but may include the following types of organic wastes: paper products, printing and writing paper, wood and dry lumber, and textiles. The contents of the blue container shall be transported to a facility that recovers the materials designated for collection in the blue container.

(B) The gray container allows for intentional comingling of all collected wastes, including organic waste that is not designated for collection in the blue container, provided that the contents of the gray container are transported to a facility that meets or exceeds the organic waste content recovery requirements specified in Section 18984.3.

(b) A jurisdiction shall, consistent with Section 18984.8 of this article, clearly identify the types of wastes accepted in each container and which container shall be used for the collection of any unidentified materials.

(1) Carpets, non-compostable paper, and hazardous wood waste shall not be collected in the green container.

(2) Hazardous wood waste shall not be collected in the blue or gray container.

(d) A jurisdiction may comply with this section by providing a container or containers that are split or divided into segregated sections, instead of an entire container, as long as the lids of the separate sections of a split container comply with the container color requirements and material limitations specified in this section.

(1) If a jurisdiction segregates the contents of a blue container into an additional container or additional section of a split container in order to separate organic wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use a darker shade of blue for the container or section of the container designated for the collection of organic waste, and a lighter shade of blue, or any color not already designated for other materials specified in this section, for the collection of non-organic recyclables.

(e) A jurisdiction may allow organic waste to be collected in plastic bags and placed in the green container provided that allowing the use of bags does not inhibit the ability of the jurisdiction to comply with the requirements of Section 18984.5, and the facilities that recover source separated organic waste for the jurisdiction annually provide written notice to the jurisdiction indicating that the facility can process and remove plastic bags when it recovers source separated organic waste.

(f) Nothing in this section is intended to prohibit a jurisdiction from providing an uncontainerized green waste and yard waste collection service to its generators, provided that the two container service complies with the following:

(1) If an uncontainerized green waste and yard waste collection service is provided intermittently or on a seasonal basis, a container is still provided for collection of organic waste as required in Subdivision (a) whenever the uncontainerized service is not provided.

(g) Notwithstanding Subdivision (a), the contents of containers may be initially transported to a consolidation site as defined in Section17402 that complies with the requirements of Section 17409.5.10.

Section 18984.3. Unsegregated Single-Container Collection Services.

(a) A jurisdiction may comply with the requirements of this article by providing a single gray container to each generator that allows for intentional comingling of all collected wastes, including organic waste, provided that the contents of the gray container are transported to a high diversion organic waste processing facility.

(b) If the facility that the container is transported to has an annual average mixed waste organic content recovery rate that is lower than required in Section 18982(a)(33) for two (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within three (3) years, the facility shall not qualify as a high diversion organic waste processing facility.

(c) If the jurisdiction is in violation of this section due to a facility to which it sends organic waste being unable to meet the required annual average mixed waste organic content recovery rate, the jurisdiction shall be subject to the enforcement process in Section 18996.2, which may include a corrective action plan as specified in that section allowing it time to meet the requirements of this article prior to the Department seeking

administrative penalties.

(d) Notwithstanding Subdivision (a), the contents of containers may be initially transported to a consolidation site as defined in Section 17402 that complies with the requirements of Section 17409.5.10.

(e) A jurisdiction may allow organic waste specified for collection in the gray container to be placed in bags for collection.

(1) Generators receiving that service must be provided a collection service for the collection of other organic waste in a manner that complies with this section.

Section 18984.4. Recordkeeping Requirements for Compliance with Organic Waste Collection Services.

(a) A jurisdiction shall include the following information and documents in the Implementation Record required by Section 18995.2:

(1) A description of which collection method(s) it will use to comply with this article.

(2) The geographical area for each collection method.

(3) If the jurisdiction is using a service that requires the contents of containers provided by the jurisdiction to be transported to a high diversion organic waste processing facility, the jurisdiction shall at a minimum:

(A) List all high diversion organic waste processing facilities used by the jurisdiction.

(B) List all approved haulers in the jurisdiction that are allowed to take organic waste to the jurisdiction’s identified high diversion organic waste processing facility or facilities.

(4) If the jurisdiction allows compostable plastics to be placed in the green container pursuant to Section 18984.1 or 18984.2, a copy of written notification received from each facility serving the jurisdiction indicating that the facility recovers that material.

(5) If the jurisdiction allows organic waste to be collected in plastic bags pursuant to Section 18984.1 or 18984.2, a copy of written notification received from each facility serving the jurisdiction indicating that the facility can process and remove plastic bags when it recovers source separated organic waste.

Section 18984.5. Container Contamination Minimization.

(a) A generator shall not place prohibited container contaminants in a collection container. A jurisdiction shall monitor the containers provided to generators using a three-container or two-container organic waste collection service pursuant to Section 18984.1 or 18984.2 to minimize prohibited container contaminants in a manner that complies with either the provisions of Subdivision (b) or the provisions of Subdivision (c)

of this section.

(1) A jurisdiction that implements a performance-based source separated collection service pursuant to Section 18998.1 shall monitor containers through waste evaluations as specified in the provisions of Subdivision (c).

(b) A jurisdiction may meet its container contamination minimization requirements by conducting a route review for prohibited container contaminants on containers in a manner that results in all hauler routes being reviewed annually. Containers may be randomly selected along a hauler route. This section should not be construed to require that every container on a hauler route must be sampled annually.

(1) Upon finding prohibited container contaminants in a container, the jurisdiction, shall notify the generator of the violation.

(A) The notice shall, at a minimum, include information regarding the generator’s requirement to properly separate materials into the appropriate containers and may include photographic evidence of the violation.

(B) The notice may be left on the generator’s container, gate, or door at the time the violation occurs, and/or be mailed, e-mailed, or electronically messaged to the generator.

(2) If a jurisdiction observes prohibited container contaminants in a generator’s collection container(s), it may dispose of the container’s contents.

(3) Notwithstanding Section 18995.1(a)(5), this chapter does not require a jurisdiction to impose administrative civil penalties on generators in violation of the prohibited container contaminants requirement in Subdivision (a), above.

(c) A jurisdiction may meet its container contamination minimization requirements by conducting waste evaluations that meet the following standards:

(1) The jurisdiction shall conduct waste evaluations for prohibited container contaminants in the following manner:

(A) A jurisdiction that implements a three-container or two-container organic waste collection service pursuant to Sections 18984.1 or 18984.2 shall conduct waste evaluations at least twice per year and the studies shall occur in two distinct seasons of the year.

(B) A jurisdiction that implements a performance-based source separated collection service pursuant to Section 18998.1 shall conduct waste evaluations at least twice per year for the blue and green containers and once per quarter for the gray container.

(D) The waste evaluations shall include samples taken from different areas in the jurisdiction that are representative of the jurisdiction’s waste stream.

(E) The waste evaluations shall include at least the following minimum number of samples from all the hauler routes included in the studies:

1. For routes with less than 1,500 generators the study shall include a minimum of 25 samples.

2. For routes with 1,500-3,999 generators the study shall include a minimum of 30 samples.

3. For routes with 4,000- 6,999 generators the study shall include a minimum of 35 samples.

4. For routes with 7,000 or more generators the study shall include a minimum of 40 samples.

(F) All of the material collected for sampling must be transported to a sorting area at a permitted solid waste facility where the presence of prohibited container contaminants for each container type is measured to determine the ratio of prohibited container contaminants present in each container type by weight. To determine the ratio of prohibited container contaminants the jurisdiction shall use the following protocol:

1. Take one sample of at least 200 pounds from the material collected from each container stream for sampling (e.g. a 200 pound sample taken from the contents of all of the green containers collected for sampling).

2. The 200 pound sample shall be randomly selected from different areas of the pile of collected material for that container type.

3. For each 200 pound sample, remove any prohibited container contaminants and determine the weight of prohibited container contaminants.

4. Then determine the ratio of prohibited container contaminants in the sample by dividing the total weight of prohibited container contaminants by the total weight of the sample.

(2) If the sampled weight of prohibited container contaminants exceeds 25 percent of the measured sample for any container type, the jurisdiction shall perform one of the following:

(A) Notify all generators on the sampled hauler routes of their requirement to properly separate materials into the appropriate containers. The jurisdiction may provide this information by placing a notice on the generator’s container, gate, or door, and/or by mail, e-mail, or electronic message to the generator.

(B) Perform a targeted route review of containers on the routes sampled for waste evaluations to determine the sources of contamination and notify those generators of their obligation to properly separate materials. The jurisdiction may provide this information to these generators by placing a notice on the generator’s container gate, or door, and/or by mail, e-mail, or electronic message to the applicable generators.

(d) A jurisdiction that implements a performance-based source separated collection service pursuant to Section 18998.1 shall notify the department within 30 days of finding prohibited container contaminants in the gray container collection stream that exceed 25 percent of the measured sample by weight in each of two consecutive waste evaluations performed on gray containers pursuant to the requirements of Subdivision (c), above.

(1) A jurisdiction that implements a performance-based source separated collection service pursuant to Section 18998.1 that exceeds an annual average of 25 percent by weight of prohibited container contaminants in the gray container collection shall be subject to the process described in Section 18998.1(c).

(e) A jurisdiction that implements a performance-based source separated collection service pursuant to Section 18998.1 shall, upon request, allow a representative of the department to oversee its next scheduled quarterly sampling of the gray container.

(f) For the purposes of demonstrating compliance with 18998.1, organic waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a county agricultural commissioner, is not required to be measured as organic waste.

(g) Nothing in this section limits a jurisdiction from adopting contamination standards, fees, sampling methodologies, or noticing protocols that are more stringent or rigorous than the requirements of this section.

Section 18984.6. Recordkeeping Requirements for Container Contamination Minimization.

(a) A jurisdiction shall include the following information and documents related to its compliance with Section 18984.5, in the Implementation Record required by Section 18995.2 of this chapter.

(1) A description of the jurisdiction’s process for determining the level of container contamination.

(2) Documentation of route reviews conducted pursuant to Section 18984.5(b), as described in Section 18995.1 of this chapter, if applicable.

(3) If applicable, documentation of waste evaluations performed pursuant to Section 18984.5(c), including information on targeted route reviews conducted as a result of the studies. The documentation shall at a minimum include dates of the studies, the location of the solid waste facility where the study was performed, routes, source sector (e.g. commercial or residential), number of samples, weights and ratio of prohibited container contaminants and total sample size.

(4) Copies of all notices issued to generators with prohibited container contaminants.

(5) Documentation of the number of containers where the contents were disposed due to observation of prohibited container contaminants.

Section 18984.7. Container Color Requirements.

(a)A jurisdiction shall provide containers, for collection services, to generators that comply with the container color requirements specified in this article.

(b) Notwithstanding Subdivision (a), a jurisdiction is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this article prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

Section 18984.8. Container Labeling Requirements.

(a) Commencing January 1, 2022, a jurisdiction shall place a label on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.

(b) A jurisdiction may comply with this section by:

(1) Placing labels on containers that include language or graphic images or both that indicate the primary materials accepted and the primary materials prohibited in that container; or

(2) Providing containers with imprinted text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that container.

(d) A jurisdiction may comply with this section by using model labeling provided by the Department.

Section 18984.9 Organic Waste Generator Requirements.

(a) Organic waste generators shall comply with applicable local requirements adopted pursuant to this article for the collection and recovery of organic waste, by either:

(1) Subscribing to and complying with the requirements of the organic waste collection service provided by their jurisdiction; or

(2) Self-hauling organic waste in a manner that complies with the requirements of Article 7 of this chapter.

(b) Generators that are commercial businesses, except for multifamily residential dwellings, shall also:

(1) Provide containers for the collection of organic waste and non-organic recyclables in all areas where disposal containers are provided for customers, except for restrooms. The containers provided by the business shall have either:

(A) A body or lid that conforms with the container colors provided through the organic waste collection service provided by their jurisdiction; or

(B) Container labels that comply with the requirements of Section 18984.8.

(2) Prohibit their employees from placing organic waste in a container not designated to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c).

(3) Periodically inspect organic waste containers for contamination and inform employees if containers are contaminated and of the requirement to only use those containers for organic waste.

(c) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

(d) A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this article prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(e) If a business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.

Section 18984.10. Commercial Business Owner Responsibilities.

(a) Commercial businesses shall provide or arrange for organic waste collection services consistent with this article and local requirements, for employees, contractors, tenants, and customers, including supplying and allowing access to an adequate number, size, and location of containers with sufficient labels or container color.

(b) Commercial businesses shall annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste.

(1) Commercial businesses shall provide information to new tenants before or within 14 days of occupation of the premises.

(c) Commercial businesses shall provide or arrange for access to their properties during all inspections conducted pursuant to Article 14 of this chapter (commencing with Section 18995.1).

(1) This subdivision is not intended to permit an employee or agent of the Department, or a jurisdiction, to enter the interior of a private residential property.

Section 18984.11. Waivers Granted by a Jurisdiction.

(a) A jurisdiction may grant one or more of the following types of waivers to a generator

of organic waste:

(1) De Minimis Waivers.

(A) A jurisdiction may waive a commercial business’ obligation to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation or the jurisdiction has evidence demonstrating that:

1. The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or a green container as specified in Section 18984.1(a) comprises less than 20 gallons per week per applicable container of the business’ total waste.

2.The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or a green container as specified in Section 18984.1(a) comprises less than 10 gallons per week per applicable container of the business’ total waste.

(B) A jurisdiction shall, consistent with Section 18995.1, verify that the commercial business’ organic waste generation meets the waiver thresholds set forth in this subdivision.

(C) If a jurisdiction obtains information at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds specified in Subsection (A)1. or (A)2., the jurisdiction shall rescind the waiver.

(2) Physical Space Waivers.

(A) A jurisdiction may waive a commercial business’ or property owner’s obligation to comply with some or all of the organic waste collection service requirements of this article if the commercial business or property owner provides documentation, or the jurisdiction has evidence from its staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for any of the organic waste container configurations allowed under 18984.1(a) or 18984.2.

(3) Collection Frequency Waivers.

(A) A jurisdiction may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to a three-container or two-container organic waste collection service to arrange for the collection of solid waste in a blue container, a gray container, or both once every fourteen days, provided that:

1.The jurisdiction, or its authorized hauler, demonstrates to the enforcement agency, as defined in Public Resources Code 40130 that less frequent collection than required by Section 17331 of Title 14 of the California Code of Regulations will not cause receiving solid waste facilities, operations, or both to be in violation of applicable state minimum standards described in Subchapter 4 of Chapter 3 of Subdivision 1 of Title 27 or Title 14, Sections 17200 et seq. (b) Nothing in this section allows a jurisdiction to exempt a business subject to the requirements of Section 42649.81 of the Public Resources Code from compliance with that section.

(c) Notwithstanding Section 18981.2, the authority to issue a waiver authorized by this section cannot be delegated to a private entity.

Section 18984.12. Waivers and Exemptions Granted by the Department.

(a) Low population waivers.

(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and some or all its generators from some or all of the requirements of this article if the following apply:

(A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as reported in the Disposal Reporting System.

(B) The jurisdiction has a total population of less than 7,500 people.

(2) A jurisdiction may apply to the Department for a waiver from some or all of the requirements of this article for census tracts that have a population density of less than 75 people per square mile that are served by the jurisdiction and are located in unincorporated portions of a county.

(b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five years and shall be subject to approval by the Department as follows:

(1) A jurisdiction shall submit a request for a waiver with the following information:

(A)The number of generators that will be included in the waiver.

(B) The requested length of the waiver.

(C) If the request for a waiver is submitted by a jurisdiction seeking to waive unincorporated census tracts, the jurisdiction shall identify each census tract that will be waived.

(2) The Department shall review and evaluate and approve or deny a waiver request within 90 days. The Department shall approve a request to grant a waiver if it meets the requirements of this section.

(3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at any time up to 180 days prior to the expiration of an existing waiver.

(1)The Department shall grant an exemption from complying with the organic waste collection requirements specified in this article for rural jurisdictions that meet the definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if the governing body of the jurisdiction adopts a resolution that includes a finding as to the purpose of and need for the exemption.

(2) An exemption implemented pursuant to this subdivision shall be valid until December 31, 2026 or until five years after the Department makes a determination pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year, whichever is later.

(d) Elevation Waivers.

(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and some or all of its generators from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is located at or above an elevation of 4,500 feet.

(2) A jurisdiction may apply to the Department for a waiver for some or all of its generators from the requirement to separate and recover food waste and food-soiled paper in census tracts located in unincorporated portions of a county that are located at or above 4,500 feet.

(3) The area of a jurisdiction that is waived pursuant to this section is not required to provide containers to generators as prescribed in Section 18984.7.

(4) Residential and commercial generators located within an area that is waived pursuant to this section may deposit food waste and food-soiled paper in a disposal container.

(5) A jurisdiction shall submit a request for a waiver with the following information:

(A)The number of generators that will be included in the waiver.

(B) If the request for a waiver is submitted by a jurisdiction seeking to waive unincorporated census tracts, the jurisdiction shall identify each census tract that will be waived.

(6) The Department shall review and evaluate and approve or deny a waiver request within 90 days. The Department shall approve a request to grant a waiver if it meets the requirements of this section.

(7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a collection service that collects and recycles the other types of organic wastes specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the requirements of those sections.

(e) Nothing in this section exempts a jurisdiction from complying with the other requirements to promote and provide information to generators about waste prevention, community composting, managing organic waste on-site, and other means of recovering organic waste, or any other requirements of this chapter.

Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials and Federally Regulated Waste.

(a) Emergency Processing Facility Temporary Equipment or Operational Failure Waivers.

(1) If the facility processing a jurisdiction’s organic waste notifies the jurisdiction that unforeseen operational restrictions have been imposed upon it by a regulatory agency or that an unforeseen equipment or operational failure will temporarily prevent the facility from processing and recovering organic waste, the jurisdiction may allow the organic waste stream transported to that facility to be deposited in a landfill or landfills for up to 90 days from the date of the restriction or failure.

(2) A jurisdiction shall notify the Department in writing within 10 days of a waiver decision pursuant to Subdivision (a)(1). The notice sent to the Department shall include a description of the equipment failure or operational restriction that occurred at the facility, the period of time that the jurisdiction will allow the organic waste stream to be deposited in a landfill or landfills, and the Recycling and Disposal Reporting System Number of the facility that experienced the temporary equipment or operational failure preventing it from receiving some or all of the jurisdiction’s waste.

(b) Disasters and emergency waivers.

(1) A jurisdiction may submit a request for a waiver for the landfill disposal of “disaster debris” as defined in Section 17210.1(d) of this division that cannot be diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have been granted pursuant to Sections 17210.4 and 17210.9 of this division.

(2) If a waiver or waivers have been granted pursuant to Subsection (1) the Department shall waive the organic waste collection requirements of this article in the affected areas for the duration of the waiver.

(3) A jurisdiction may dispose of sediment debris removed from dams, culverts, reservoirs, channels and other flood control infrastructure if the material is subject to a waste discharge requirement issued by the regional water quality control board that requires the average organic content of the debris to be less than five percent.

(c) A jurisdiction is not required to separate or recover organic waste that is removed from homeless encampments and illegal disposal sites as part of an abatement activity to protect public health and safety. If the total amount of solid waste removed for landfill disposal pursuant to this subdivision is expected to exceed 100 tons annually the jurisdiction shall record the amount of material removed.

(d) A jurisdiction may dispose of specific types of organic waste that are subject to quarantine and meet the following requirements:

(1) The organic waste is generated from within the boundaries of an established interior or exterior quarantine area defined by the California Department of Food and Agriculture for that type of organic waste.

(2) The California Department of Food and Agriculture or the County Agricultural Commissioner determines that the organic waste must be disposed at a solid waste landfill and the organic waste cannot be safely recovered through any of the recovery activities identified in Article 2 of this chapter.

(3) The jurisdiction retains a copy of the California Department of Food and Agriculture approved compliance agreement for each shipment stating that the material must be transported to a solid waste landfill operating under the terms of its own compliance agreement for the pest or disease of concern.

(e) Nothing in this chapter requires generators, jurisdictions or other entities subject to these regulations to manage and recover organic waste that federal law explicitly requires to be managed in a manner that constitutes landfill disposal as defined in this chapter.

Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions.

(a) A jurisdiction shall include the following information and documents in the Implementation Record required by Section 18995.2:

(1) A copy of all correspondence received from a facility that triggered a Processing Facility Temporary Equipment or Operational Failure Waiver and documentation setting forth the date of issuance of the waiver, the timeframe for the waiver, and the locations or routes affected by the waiver.

(2) A description of the jurisdiction’s process for issuing waivers and frequency of inspections by the jurisdiction to verify the validity of waivers.

(3) A copy of all De Minimis Waivers, including the location, date issued, and name of generators.

(4) A copy of all Physical Space Waivers, including the location, date issued, and name of generators.

(5) A copy of all collection frequency waivers, including the location, date issued, and name of generators.

(6) A record of the amount of sediment debris that is disposed pursuant to Section 18984.13 on an annual basis.

(7) A record of the amount of solid waste removed from homeless encampments and illegal disposal sites as part of an abatement activities if the total amount of material removed exceeds 100 tons.

(8) A copy of all compliance agreements for quarantined organic waste that is disposed, including the name of generator, date issued, location of final disposition, and the amount of organic waste that was required to be disposed at a solid waste landfill.