Article 17: Performance-Based Source Separated Organic Waste Collection Service

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

Article 17: Performance-Based Source Separated Organic Waste Collection Service

Section 18998.1. Requirements for Performance-Based Source Separated Collection Service.

(a) If a jurisdiction implements a performance-based source separated organic waste collection service it shall:

(1) Provide a three-container organic waste collection service consistent with Section 18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial businesses and 90 percent of the residential sector subject to the jurisdiction’s authority.

(2) Transport the contents of the source separated organic waste collection stream to a designated source separated organic waste facility.

(3) Ensure that the presence of organic waste in the gray container collection stream does not exceed an annual average of 25 percent by weight.

(A) The annual average percent of organic waste present in the gray container collection stream shall be determined by the results of waste evaluations performed by the jurisdiction pursuant to Section 18984.5.

(B) The annual average percent of organic waste present in a jurisdiction’s gray container collection stream is the average of the results of the gray container waste collection stream samples performed by the jurisdiction in the immediately previous four quarters pursuant to Section 18984.5.

(4) Provide collection service to organic waste generators subject to their authority. Consistent with Section 18984.1, a jurisdiction shall not require commercial businesses or residents to request solid waste collection service prior to enrollment.

(5) Notify the Department pursuant to Section 18998.3.

(b) Jurisdictions that delegate collection services to a designee shall include in their contracts or agreements with the designee a requirement that all haulers transport the source separated organic waste collection stream collected from generators subject to the authority of a jurisdiction to a designated source separated organic waste facility.

(c) If a jurisdiction fails to meet the requirements of this section after notifying the Department in accordance with Section 18998.3, the jurisdiction shall implement an organic waste collection service that complies with the requirements of Article 3 of this chapter. The jurisdiction shall be subject to the applicable enforcement processes outlined in this chapter until services that comply with Article 3 are provided to generators, and the jurisdiction shall not be eligible for the compliance exceptions in Section 18998.2.

(d) A hauler providing a performance-based source separated collection service is not required to comply with the provisions of Section 18988.2 in jurisdictions implementing this service, but shall comply with the following in jurisdictions implementing this service:

(1) Only transport the source separated organic waste collection stream to a designated source separated organic waste recycling facility,

(2) Keep a record of the documentation of its approval by the jurisdiction.

(e) The requirements of Subdivision (d) are not applicable to:

(1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, commencing with Section 41950 of the Public Resources Code, transports source separated organic waste to a community composting site; or

(2) A hauler that is lawfully transporting construction and demolition debris in compliance with Section 18989.1.

Section 18998.2. Compliance Exceptions.

(a) If a jurisdiction implements a performance-based source separated collection service that meets the requirements of Section 18998.1(a), the jurisdiction shall not be subject to the following:

(1) The collection requirements in Sections 18984.2 and 18984.3.

(2) The container labeling requirements in Section 18984.8, and waivers in Section 18984.11.

(3) The recordkeeping requirements in Sections 18984.4, and 18984.14.

(4) The organic waste recovery education and outreach requirements in Section 18985.1.

(5) The recordkeeping requirements in Section 18985.3 except as related to edible food recovery education and outreach performed under Section 18985.2.

(6) The regulation of haulers in Article 7 of this chapter.

(7) The jurisdiction annual reporting requirements in Section 18994.2(c)(1)-(2), (d)-(f) and (k).

(8) The jurisdiction inspection and enforcement requirements in Sections 18995.1, except for the provisions related to edible food generators and food recovery organizations and services in that section.

(9) The implementation record and recordkeeping requirements in Section 18995.2(f)(3)-(7). Implementation Records requirements in Section 18995.2(f)(11)-(13) shall only be required for inspections and enforcement related to edible food generators and food recovery organizations and services.

(10) The jurisdiction investigation of complaints of alleged violations requirements in Section 18995.3, except as it pertains to entities subject to the edible food recovery requirements of Article 10 of this chapter.

(11) The jurisdiction enforcement requirements in Section 18995.4, except as it pertains to entities subject to the edible food recovery requirements of Article 10 of this chapter.

Section 18998.3. Notification to Department.

(a) A jurisdiction that will implement a performance-based source separated collection service beginning in 2022 shall notify the Department on or before January 1, 2022. A jurisdiction that will implement a performance-based source separated collection system in any subsequent year shall notify the Department on or before January 1 of that year.

(b) The notification shall include the following information:

(1) The name of the jurisdiction.

(2) Date the jurisdiction will start providing the performance-based source-separated collection service.

(3) Contact information for the jurisdiction, including the name, address and telephone number of the representative of the jurisdiction with primary responsibility for ensuring compliance with this article.

(4) The address within the jurisdiction where all records required by this chapter are maintained.

(5) A list of each designated source separated organic waste facility, landfill disposal facility and any other solid waste facility and their Recycling and Disposal Reporting System number for any facility that will be receiving solid waste directly from the jurisdiction.

(6) The name of any designee the jurisdiction has delegated responsibilities to pursuant to Section 18998.1 and any relevant documentation demonstrating the designee’s obligation to comply with the provisions of this article.

(7) A statement by the representative of the jurisdiction with primary responsibility for ensuring compliance with this article, under penalty of perjury, that all information contained in the notification is true and correct to the best of their knowledge and belief.

(8) The percent of commercial businesses and the percent of the residential sector currently enrolled in organic waste collection services provided by the jurisdiction.

(c) In the initial report to the department required in Section 18994.1, a jurisdiction implementing a performance-based source separated organic waste collection service shall certify that at least 90 percent of the commercial businesses and 90 percent of the residential sector subject to the jurisdiction’s authority are enrolled in a collection service that complies with the requirements of Section 18998.1.

Section 18998.4. Recordkeeping.

A jurisdiction implementing a performance-based source separated organic waste collection service pursuant to this article shall maintain the following information and documents in the Implementation Record required by Section 18995.2:

(a) The geographical area each designee serves.

(b) If a designee is used, a copy of the contract or agreement for each designee specifying the requirement that all haulers transport the source separated organic waste collection stream collected from generators subject to the jurisdiction’s authority to a designated source separated organic waste facility.

(c) Records evidencing compliance with Section 18998.1(a) including, but not limited to:

(1) A current list of generator addresses subject to the authority of the jurisdiction.

(2) A current list of generator addresses subject to the authority of the jurisdiction that are served with a performance-based source separated organic waste collection service.

(3) A current list of generator addresses within the jurisdiction that the jurisdiction does not require to use the performance-based source separated organic waste collection service.

(4) Documentation of the enrollment system used by the jurisdiction consistent with Section 18998.1(a)(4).

(d) A jurisdiction implementing a performance-based source separated organic waste collection service is still required to maintain the following records specified in Section 18995.2:

(1) Records required by (f)(1).

(2) Records required by (f)(2) and (6) as they pertain to the edible food recovery requirements chapter.

(3) Records required by (f)(8)-(10).

(4) Records required by (f)(11)-(13) as they pertain to the edible food recovery requirements of this chapter.