Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
