Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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 of Title 1417331 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.
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.
