Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
(C) The waste evaluations shall include samples of each container type served by the jurisdiction.
(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.
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.
