Chula Vista City Council
June 14, 2022

Department of Resources SLCP Regulations
Recycling and Recovery November 2020

Short-lived Climate Pollutants (SLCP): Organic
Waste Reductions
Final Regulation Text

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California Code of Regulations 1
Title 14, Division 7, Chapter 3 2
Article 6.0. Transfer/Processing Operations and Facilities Regulatory 3 Requirements 4
Section 17402. Definitions. 5
(a) For the purposes of these articles: 6
(0.5) “Consolidation Sites” means facilities or operations that receive solid waste for 7 the purpose of storing the waste prior to transfer directly from one container to 8 another or from one vehicle to another for transport and which do not conduct 9 processing activities. Consolidation activities include, but are not limited to, limited 10 volume transfer operations, sealed container transfer operations, and direct transfer 11 facilities. 12
(1) "Contact Water" means water that has come in contact with waste and may 13 include leachate. 14
(1.5) “Contamination” or “Contaminants” has the same meaning as “prohibited 15 container contaminants” as defined in Section 18982(a)(55). 16 (2) "Covered Container" means a container that is covered to prevent the migration of 17 litter from the container, excessive infiltration of precipitation, odor and leachate 18 production, and to prevent access by animals and people; thereby controlling litter, 19 scavenging, and illegal dumping of prohibited wastes. Covers may include, but are 20 not limited to, tarpaulins or similar materials. 21
(3) "Direct Transfer Facility" means a transfer facility that receives equal to or more 22 than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day 23 but less than 150 tons of solid waste and meets all of the following requirements: 24 (A) is located on the premises of a duly licensed solid waste hauling operator; 25 (B) only handles solid waste that has been placed within covered containers or 26 vehicles prior to entering the facility and that is transported in vehicles owned or 27 leased by that same operator; 28
(C) the facility does not handle, separate, or otherwise process the solid waste; 29 (D) no waste is stored at the facility for more than any 8-hour period; 30 (E) solid waste is transferred only once and directly from one covered container or 31 vehicle to another covered container or vehicle so that the waste is never put on 32 the ground or outside the confines of a container or vehicle, before, during, or after 33 transfer. Direct transfer would not include top loading trailers where the solid waste 34 actually leaves the confines of the collection vehicle and is suspended in air before 35 falling into a transfer vehicle; 36
(F) all of the contents of the original transferring container or vehicle must be 37 emptied during a single transfer; and 38
(G) any waste that may unintentionally fall outside of the containers or vehicles, is 39 promptly cleaned up and replaced within the container or vehicle to which it was 40 being transferred. 41
(4) "DTSC" means Department of Toxic Substances Control. 42 (5) "EA" means enforcement agency as defined in PRC section 40130. 43

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(6) "Emergency Transfer/Processing Operation" means an operation that is 1 established because there has been a proclamation of a state of emergency or local 2 emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 3 (j) and (k) and which meets all of the following requirements: 4 (A) the operation handles only disaster debris and other wastes, in accordance 5 with section 17210.1(d), during the disaster debris recovery phase; and 6 (B) the location does not currently have a solid waste facility permit; 7 (C) if the operation accepts, processes, or stores hazardous or household 8 hazardous waste, then these activities must be in compliance with DTSC 9 standards or standards of other appropriate authorities or agencies. 10 (6.5) “Gray Container Waste” or “Gray Container Collection Stream” means solid 11 waste that is collected in a gray container that is part of a three-container organic 12 waste collection service that prohibits the placement of organic waste in the gray 13 container as specified in Section 18984.1(a) and (b). 14 (7) "Hazardous Wastes" means any waste which meets the definitions set forth in 15 Title 22, Section 66261.3, et seq. and is required to be managed. 16 (7.5) “Incompatible Material” or “Incompatibles,“ means human-made inert material, 17 including, but not limited to, glass, metal, plastic, and also includes organic waste for 18 which the receiving end-user, facility, operation, property, or activity is not designed, 19 permitted, or authorized to perform organic waste recovery activities as defined in 20 Section 18983.1(b) of Article 2, Chapter 12. 21
(8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 22 tons or more of solid waste per operating day for the purpose of storing, handling or 23 processing the waste prior to transferring the waste to another solid waste operation 24 or facility. 25
(A) In determining the tonnage of solid waste received by the facility, the following 26 materials shall not be included: materials received by a recycling center located 27 within the facility, and by beverage container recycling programs in accordance 28 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 29 activities are separated from the solid waste handling activities by a defined 30 physical barrier or where the activities are otherwise separated in a manner 31 approved by the EA. 32
(B) If the facility does not weigh the solid waste received, then the tonnage shall 33 be determined by using a volumetric conversion factor where one cubic yard is 34 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 35 operator demonstrates that it is more accurate than the required conversion factor. 36 (9) "Limited Volume Transfer Operation" means an operation that receives less than 37 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing 38 the waste prior to transferring the waste to another solid waste operation or facility 39 and which does not conduct processing activities, but may conduct limited salvaging 40 activities and volume reduction by the operator. 41
(A) In determining the tonnage of solid waste received by the operation, the 42 following materials shall not be included: materials received by a recycling center 43 located within the operation, and by beverage container recycling programs in 44 accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the 45 recycling activities are separated from the solid waste handling activities by a 46

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defined physical barrier or where the activities are otherwise separated in a 1 manner approved by the EA. 2
(B) If the operation does not weigh the solid waste received, then the tonnage 3 shall be determined by using a volumetric conversion factor where one cubic yard 4 is equal to 500 pounds. The EA shall approve an alternate conversion factor if the 5 operator demonstrates that it is more accurate than the required conversion factor. 6 (10) "Litter" means all solid waste which has been improperly discarded or which has 7 migrated by wind or equipment away from the operations area. Litter includes, but is 8 not limited to, convenience food, beverage, and other product packages or 9 containers constructed of steel, aluminum, glass, paper, plastic, and other natural 10 and synthetic materials, thrown or deposited on the lands and waters of the state. 11 (11) "Medium Volume Transfer/Processing Facility" means a facility that receives 12 equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste 13 per operating day but less than 100 tons of solid waste, for the purpose of storing or 14 handling the waste prior to transferring the waste to another solid waste operation or 15 facility; or a facility that receives any amount of solid waste, up to 100 tons per 16 operating day, for the purpose of processing solid waste prior to transferring the 17 waste to another solid waste operation or facility. 18
(A) In determining the tonnage of solid waste received by the facility, the following 19 materials shall not be included: materials received by a recycling center located 20 within the facility, and by beverage container recycling programs in accordance 21 with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling 22 activities are separated from the solid waste handling activities by a defined 23 physical barrier or where the activities are otherwise separated in a manner 24 approved by the EA. 25
(B) If the facility does not weigh the solid waste received, then the tonnage shall 26 be determined by using a volumetric conversion factor where one cubic yard is 27 equal to 500 pounds. The EA shall approve an alternate conversion factor if the 28 operator demonstrates that it is more accurate than the required conversion factor. 29 (11.5) “Mixed Waste Organic Collection Stream” means organic waste collected in a 30 container that is required by Section 18984.1, 18984.2, or 18984.3 to be transported 31 to a high diversion organic waste processing facility. 32 (12) "Nuisance" includes anything which: 33
(A) is injurious to human health or is indecent or offensive to the senses and 34 interferes with the comfortable enjoyment of life or property, and 35 (B) affects at the same time an entire community, neighborhood or any 36 considerable number of persons. The extent of annoyance or damage inflicted 37 upon an individual may be unequal. 38
(13) "On-site" means located within the boundary of the operation or facility. 39 (14) "Open burning" means the combustion of solid waste without: 40 (A) control of combustion air to maintain adequate temperature for efficient 41 combustion, 42
(B) containment of the combustion reaction in an enclosed device to provide 43 sufficient residence time and mixing for complete combustion, and 44 (C) control of the emission of the combustion products. 45

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(15) "Operating day" means the hours of operation as set forth in the application, 1 Enforcement Agency Notification and/or permit not exceeding 24 hours. 2 (16) "Operating Record" means an easily accessible collection of records of an 3 operation's or facility's activities and compliance with required state minimum 4 standards under Title 14. The Record may include the Facility Plan or 5 Transfer/Processing Report for facilities, and shall contain but is not limited to 6 containing: agency approvals, tonnage and loadchecking records, facility contacts 7 and training history. The record may be reviewed by state and local authorities and 8 shall be available during normal business hours. If records are too voluminous to 9 place in the main operating record or if the integrity of the records could be 10 compromised by on-site storage, such as exposure to weather, they may be 11 maintained at an alternative site, as long as that site is easily accessible to the EA. 12 (17) "Operations Area" means: 13
(A) the following areas within the boundary of an operation or facility as described 14 in the permit application or Enforcement Agency Notification: 15 (i) equipment management area, including cleaning, maintenance, and storage 16 areas; and 17
(ii) material and/or solid waste management area, including unloading, 18 handling, transfer, processing, and storage areas. 19
(B) the boundary of the operations area is the same as the permitted boundary but 20 may or may not be the same as the property boundary. 21 (18) "Operator" means the owner, or other person who through a lease, franchise 22 agreement or other arrangement with the owner, that is listed in the permit 23 application or Enforcement Agency Notification, is legally responsible for all of the 24 following: 25
(A) complying with regulatory requirements set forth in these Articles; 26 (B) complying with all applicable federal, state and local requirements; 27 (C) the design, construction, and physical operation of the operations area; 28 (D) controlling the activities at an operation or facility as listed on the permit 29 application or Enforcement Agency Notification. 30
(18.4) “Organic Waste Recovery Activities,” or “Recovery” has the same meaning as 31 defined in Section 18982(a)(49). 32
(18.5) “Organic Waste” has the same meaning as in Section 18982(a)(46). 33 (19) "Owner" means the person or persons who own, in whole or in part, an operation 34 or facility, and/or the land on which it is located. 35 (20) "Processing" means the controlled separation, recovery, volume reduction, 36 conversion, or recycling of solid waste including, but not limited to, organized, 37 manual, automated, or mechanical sorting, the use of vehicles for spreading of waste 38 for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or 39 volume reduction equipment. Recycling Center is more specifically defined in section 40 17402.5 (d) of this Article. 41
(21) "Putrescible Wastes" include wastes that are capable of being decomposed by 42 micro-organisms with sufficient rapidity as to cause nuisances because of odors, 43 vectors, gases or other offensive conditions, and include materials such as, but not 44 limited to food wastes, offal and dead animals. The EA shall determine on a case-by-45 case basis whether or not a site is handling putrescible wastes. 46

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(22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 1 66260.10 of Division 4.5 of Title 22. 2
(23) "RWQCB" means the Regional Water Quality Control Board. 3 (23.5) “Remnant Organic Material” means the organic waste that is collected in a 4 gray container that is part of the gray container collection stream. 5 (23.6) “Reporting Period” has the same meaning as defined in Section 18815.2 6 (a)(49). 7
(24) "Salvaging" means the controlled separation of solid waste material which do not 8 require further processing, for reuse or recycling prior to transfer activities. 9 (25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid 10 waste materials. 11
(26) "Sealed Container Transfer Operation" means a transfer operation that meets 12 the following requirements: 13
(A) handles only solid waste that has previously been placed within containers that 14 have either a latched, hard top or other impermeable cover which is closed tightly 15 enough to: 16
(1) prevent liquid from infiltrating into or leaking out of the container; and 17 (2) prevent the propagation and migration of vectors; and, 18 (i) the solid waste remains within the unopened containers at all times while 19 on-site; and, 20
(ii) the containers are not stored on-site for more than 96 hours. 21 Sealed container transfer operations do not include operations excluded by 22 Public Resources Code section 40200(b)(3). 23
(26.5) “Secondary Material Processing Facility” or “Operation” means an activity 24 whose primary purpose is to receive and process source separated, or separated for 25 reuse, materials from a permitted transfer/processing facility or a transfer/processing 26 operation governed by an enforcement agency notification, and that does not meet 27 the residual percentage or putrescible waste percentage as set forth in section 28 17402.5(d). Materials include, but are not limited to, glass, plastics, paper, and 29 cardboard. 30
(A) Secondary Material Processing Operations are those activities that: 31

1. Are governed by the Enforcement Agency Notification tier requirements as 32 specified in section 17403.3.2; and, 33

2. Receive an amount of residual material that is less than 40% by weight as 34 calculated on a monthly basis. Operations that do not meet this residual 35 requirement shall comply with the Registration Permit tier requirements 36 specified in 17403.3.3. 37
(B) Secondary Material Processing Facilities are those activities that: 38

1. Are governed by the Registration Permit tier requirements as specified in 39 section 17403.3.3; and, 40

2. Do not meet the 40% residual material requirement as specified in subdivision 41 (A). 42
(26.6) “Source Separated Organic Waste” or “Source Separated Organic Waste 43 Collection Stream” means organic waste that is collected in a green container as 44 specified in Sections 18984.1(a)(1) and 18984.2(a)(1), “source separated blue 45 container organic waste,” as defined in this Subsection (a)(26.7), organic waste 46

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collected in an additional container as specified in Section 18984.1(a)(6), and organic 1 waste collected in an “uncontainerized green waste and yard waste collection 2 service,” as defined in Section 18982. 3
(26.7) “Source Separated Blue Container Organic Waste” means the organic wastes 4 collected in a blue container that is limited to the collection of those organic wastes 5 and non-organic recyclables as defined in Section 18982(a)(43). 6 (27) "Special Waste" includes but is not limited to: 7
(A) waste requiring special collection, treatment, handling, storage, or transfer 8 techniques as defined in Title 22, section 66260.10. 9
(B) waste tires and appliances requiring CFC removal. 10 (28) "Spotter" means an employee who conducts activities that include, but are not 11 limited to, traffic control, hazardous waste recognition and removal for proper 12 handling, storage and transport or disposal, and protection of the public from health 13 and/or safety hazards. 14
(29) "Store" means to stockpile or accumulate for later use. 15 (30) "Transfer/Processing Facility" or "Facility" includes: 16 (A) those activities governed by the Registration Permit tier or Full Solid Waste 17 Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and, 18 (B) which: 19

1.receive, handle, separate, convert or otherwise process materials in solid 20 waste; and/or 21

2.transfer solid waste directly from one container to another or from one vehicle 22 to another for transport; and/or 23

3.store solid waste; 24
(C) The receipt of separated for reuse material pursuant to Public Resources 25 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 26 a solid waste facility does not constitute solid waste handling, or processing, if 27 there is a defined physical barrier to separate recycling activities defined in Public 28 Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 29 from the solid waste activities, or where the recycling and solid waste activities are 30 considered by the EA as separate operations. 31
(D) "Transfer/Processing Facilities" do not include activities specifically defined in 32 section 17402.5(c) of this Article, and operations and facilities that are subject to 33 regulations in Chapter 3.1 (commencing with section 17850). 34 (31) "Transfer/Processing Operation" or "Operation" includes: 35 (A) those activities governed by the EA Notification tier requirements; and, 36 (B) which: 37

1.receive, handle, separate, convert or otherwise process materials in solid 38 waste; and/or 39

2.transfer solid waste directly from one container to another or from one vehicle 40 to another for transport; and/or 41

3.store solid waste; 42
(C) The receipt of separated for reuse material pursuant to Public Resources 43 Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within 44 a solid waste operation does not constitute solid waste handling, or processing, if 45 there is a defined physical barrier to separate recycling activities defined in Public 46

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Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, 1 from the solid waste activities, or where the recycling and solid waste activities are 2 considered by the EA as separate operations. 3
(D) "Transfer/Processing Operations" do not include activities specifically defined 4 in section 17402.5(c) of this Article, and operations and facilities that are subject to 5 regulations in Chapter 3.1 (commencing with section 17850). 6 (32) "Volume Reduction" means techniques such as: compaction, shredding, and 7 baling. 8
(33) "Waste Hauling Yard Operation" is an operation that meets the following 9 requirements: 10
(A) is located on the premises of a duly licensed solid waste hauling operator, who 11 receives, stores, or transfers waste as an activity incidental to the conduct of a 12 refuse collection and disposal business, and; 13
(B) handles only solid waste that has been placed within a covered container 14 before the container arrives at the waste hauling yard, and; 15 (C) no more than 90 cubic yards of waste is stored on-site in covered containers at 16 any time, and; 17
(D) the solid waste remains within the original covered containers while on-site at 18 any times, and; 19
(E) the covered containers are not stored on-site for more than any 72 hour period; 20 (F) if the EA has information that the operation does not meet these requirements, 21 the burden of proof shall be on the owner or operator to demonstrate that the 22 requirements are being met. 23
Note: 24
Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27
Section 17402.5. Definitions and Related Provisions Regarding Activities That Are 28 Not Subject to the Transfer/Processing Regulatory Requirements. 29 (a) This section sets forth definitions and related provisions regarding activities that are 30 not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 31 (1) Activities that are not in compliance with the applicable definitions and related 32 provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 33

6.3 and 6.35 of this Chapter. 34
(2) The definitions and related provisions of this section are for use only to determine 35 the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 36 (b) The following general definitions may apply to one or more of the activities that are 37 more specifically defined in subdivisions (c) and (d) of this section. 38 (1) "Residual" means the solid waste destined for disposal, further 39 transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or 40 transformation which remains after processing has taken place and is calculated in 41 percent as the weight of residual divided by the total incoming weight of materials. 42 (2) "Reuse" means the use, in the same, or similar, form as it was produced, of a 43 material which might otherwise be discarded. 44

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(3) "Separated for Reuse" means materials, including commingled recyclables, that 1 have been separated or kept separate from the solid waste stream for the purpose of 2 additional sorting or processing those materials for recycling or reuse in order to 3 return them to the economic mainstream in the form of raw material for new, reused, 4 or reconstituted products which meet the quality standards necessary to be used in 5 the marketplace, and includes materials that have been "source separated". 6 (4) "Source Separated" means materials, including commingled recyclables, that 7 have been separated or kept separate from the solid waste stream, at the point of 8 generation, for the purpose of additional sorting or processing those materials for 9 recycling or reuse in order to return them to the economic mainstream in the form of 10 raw material for new, reused, or reconstituted products which meet the quality 11 standards necessary to be used in the marketplace. 12
(c) Activities included in one of the following definitions are not subject to the 13 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these 14 activities do not include the acceptance of solid waste which has not been separated for 15 reuse. If an activity defined in this section is accepting solid waste which has not been 16 separated for reuse, it must meet the requirements of subdivision (d) of this section or 17 else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this 18 Chapter. 19
(1) "Auto Dismantler" means a person or business entity engaged in the business of 20 buying, selling, or dealing in vehicles including nonrepairable vehicles, for the 21 purpose of dismantling the vehicles, buying or selling the integral parts and 22 component materials thereof, in whole or in part, or dealing in used motor vehicle 23 parts pursuant to California Vehicle Code, section 220. 24 (2) "Auto Shredder" or "Metal Shredder" means a person or business entity that 25 accepts scrap metal, typically automobiles and white goods, and mechanically rends 26 that scrap metal into fist sized bits and pieces and separates the ferrous metals, 27 nonferrous metals and other materials for the purpose of recycling. 28 (3) "Buy Back Center" means a person or business entity engaging in those activities 29 defined in Public Resources Code Sections 14518, or 14520. 30 (4) "Drop-off Center" means a person or business entity engaging in those activities 31 defined in Public Resources Code Section 14511.7. 32
(5) "Manufacturer" means a person or business entity that uses new or separated for 33 reuse materials as a raw material in making a finished product that is distinct from 34 those raw materials. 35
(6) "Regional Produce Organic Distribution Center" means a distribution center that 36 receives unsold food produce, including packaged food produce (sometimes referred 37 to as "pre-consumer") back from stores to which it was originally sent by that 38 distribution center the produce, and which remains the property of the distribution 39 center or stores, for the purpose of data collection, depackaging, and transferring this 40 produce and other food to a compostcompostable material handling operation or 41 facility, in-vessel digestion operation or facility, or to a another beneficial use. A 42 regional produce distribution center would not include a site where produce is 43 processed. 44
(7) ”Rendering Activities” means an activity that is a licensed animal food 45 manufacturing activity, or a rendering activity which is authorized by the California 46

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Department of Food and Agriculture pursuant to Section 19300 of the Food and 1 Agricultural Code, and in which no solid waste feedstock bypasses the manufacturing 2 or rendering process. "Rendering Plant" means a person or business entity where 3 dead animals or any part or portion thereof, vegetable oils, or packing house refuse, 4 are processed for the purpose of obtaining the hide, skin, grease residue, or any 5 other byproduct whatsoever 6
(8) "Reuse Salvage Operation" means a person or business entity which sterilizes, 7 dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and 8 that recovers for recycling or reuse distinct material types that have not been 9 commingled with other materials before they enter the waste stream. Examples of 10 this activity include, but are not limited to, wire choppers, and dismantlers of furniture 11 and mattresses, and "brown goods" such as computer equipment, VCRs, and 12 televisions. 13
(9) "Scrap Metal Recyclers and Dealers" means a person or business entity including 14 all employees of the person or business entity, (except automotive recyclers and auto 15 shredders as defined in this section), whose primary business is the purchasing; 16 processing by shredding, shearing, baling, and torching; trading, bartering or 17 otherwise receiving secondhand or castoff metal material which includes ferrous 18 metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other 19 metals, including containers that are regulated pursuant to Public Resources Code 20 Section 14511.7, 14518 or 14520. 21
(10) "Wire Chopper" means a person or business entity which uses source separated 22 metal components or wire for the purpose of recycling or reuse. 23 (11) "Wood, Paper or Wood Product Manufacturer" means a person or business 24 entity that uses separated for reuse paper or woody materials in order to produce a 25 finished product able to be used as is, or to manufacture another product such as, 26 boxes or boards, without further processing. 27
(d) A "Recycling Center" means a person or business entity that meets the 28 requirements of this subdivision. A recycling center shall not be subject to the 29 requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. 30 (1) A recycling center shall only receive material that has been separated for reuse 31 prior to receipt. 32
(2) The residual amount of solid waste in the separated for reuse material shall be 33 less than 10% of the amount of separated for reuse material received by weight. 34 (A) The residual amount is calculated by measuring the outgoing tonnage after 35 separated for reuse materials have been removed. 36
(B) The residual amount is calculated on a monthly basis based on the number of 37 operating days. 38
(3) The amount of putrescible wastes in the separated for reuse material shall be less 39 than 1% of the amount of separated for reuse material received by weight, and the 40 putrescible wastes in the separated for reuse material shall not cause a nuisance, as 41 determined by the EA. 42
(A) The amount of putrescible wastes is calculated in percent as the weight of 43 putrescible wastes divided by the total incoming weight of separated for reuse 44 material. 45

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(B) The amount of putrescible wastes is calculated on a monthly basis based on 1 the number of operating days. 2
(4) The only separation that may occur at the recycling center is the sorting of 3 materials that have been separated for reuse prior to receipt. 4 (5) The recycling center may include an adjustment in the calculation to include the 5 weight of water in the residual, when the use of water is essential to the sorting or 6 processing of the material, provided that such an adjustment is also made in the 7 weight of materials received for processing. 8
(6) The following materials shall not be included in calculating residual as set forth in 9 subdivision (d)(2) of this section, if the recycling activities are separated from the 10 material handling activities noted below by a defined physical barrier or where the 11 activities are otherwise separated in a manner that the EA determines will keep the 12 materials from being commingled: 13
(A) materials received at an on-site Buy Back Center; 14 (B) materials received at an on-site Drop-off Center; 15 (C) cannery waste; 16
(D) construction and demolition materials; 17
(E) nonhazardous contaminated soil; 18
(F) grease-trap pumpings; 19
(G) nonhazardous asbestos; 20
(H) nonhazardous ash; 21
(I) compost and compost feedstock; 22
(J) sewage sludge; 23
(K) tires. 24
(7) If the EA has information that material that is being received is not separated for 25 reuse or source separated, that the residual is 10% or more of the total per month, or 26 that the amount of putrescible wastes is 1% or more of the total per month, the 27 burden of proof shall be on the owner or operator to demonstrate otherwise. 28 (A) A business that accepts loads of material that are not separated for reuse or 29 source separated does not qualify as a recycling center. 30 (B) If the EA has reason to believe that a business is accepting material that is not 31 separated for reuse or source separated due to averaging or combining of those 32 loads with other loads of separated for reuse material, the burden of proof will be 33 on the business to demonstrate that it is not accepting loads of mixed solid waste. 34 (C) If the EA has reason to believe that a business is accepting material that is not 35 separated for reuse or source separated due to the separation of portions of the 36 material at consecutive sites, each of which removes less than 10% residual, the 37 burden of proof will be on the business to demonstrate that it is not accepting 38 loads of mixed solid waste. 39
(D) If the EA determines that a business has exhibited a pattern and practice of 40 failing to comply with the provisions of this subsection, the EA may issue a Notice 41 and Order requiring the business to obtain a Registration Permit or Full Permit or 42 comply with the Enforcement Agency Notification requirements as made 43 applicable in sections 17403 through 17403.7 of this Article. 44 (E) At the time that the EA requires a recycling center to provide evidence that it is 45 in compliance with this subdivision, the EA shall provide the recycling center with a 46

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written description of the information that has caused the EA to believe that the 1 recycling center is not in compliance. Nothing in this requirement is intended to 2 require the EA to identify the name or other identifying information regarding any 3 individual(s) who have complained about the recycling center. 4 (F) Nothing in this section precludes the enforcement agency or the board 5 Department from the following: inspecting a business to verify that it is conducted 6 in a manner that meets the provisions of this subsection; or, from taking any 7 appropriate enforcement action, including the use of a Notice and Order as 8 provided in Section 18304. 9
(8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) 10 of this section but which qualify as a Limited Volume Transfer Operation, shall 11 comply with the requirements of section 17403.3 within one month of March 5, 1999. 12 (9) recycling center operators may voluntarily report their residual percentage to the 13 EA and the CIWMB Department using form CIWMB 607 (located in Appendix A). 14 (10) If the EA determines that a person or business entity purporting to operate a 15 recycling center is not in compliance with this subsection and issues an enforcement 16 order, that person or business entity may appeal that order in accordance with Public 17 Resources Code section 44307. 18
(e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) 19 of this Division, handles material that fails to meet the definition of green material due to 20 contamination as set forth in section 17852(a)(21) of this Division, the operation or 21 facility shall not be considered to be a recycling center as set forth in subsections (c) or 22 (d) of section 17402.5 23
Note: 24
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 25 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 26 Section 39730.6, Health and Safety Code. 27
Section 17403.0. Regulatory Tiers Requirements for Transfer/Processing 28 Operations and Facilities. 29
Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, 30 Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 31 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of 32 Regulations (commencing with section 21570) that apply to specified types of 33 transfer/processing operations and facilities. These requirements are summarized in 34 Table 1. 35
Note: 36
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 37 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 38 Section 39730.6, Health and Safety Code. 39

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Table 1. Transfer/Processing Operations and Facilities Placement into the 1 Regulatory Tiers 2
Not Subject to
Articles 6.0, 6.1, 6.2,

6.3 and 6.35
Excluded Tier Enforcement Agency
Notification Tier
Registration
Permit Tier
Full Solid Waste
Facility Permit
Auto Dismantler
Section 17402.5(c)(1)
Locations where
<15 cubic yards of
combined
container volume is
provided to serve
as multi-residence
receptacles for
residential refuse
at the place of
generation. Section
17403.1(a)(1)
Emergency
Transfer/Processing
Operations
Section 17403.5

Medium Volume
Transfer/Processing
Facility Section 17403.6

Large Volume
Transfer/Processing
Facility Section 17403.7
Auto Shredder
Operations Section
17402.5(c)(2)
Locations where
<15 cubic yards of
combined
container volume is
handled for
recycling. Section
17403.1(a)(2)
Secondary Material
Processing Operations
Section 17403.3.2
Direct Transfer Facility
Section 17403.4

Buy Back Centers
Section 17402.5(c)(3)
Storage receptacle
at the place of
generation for
waste from multi-
residential
buildings or for
commercial solid
wastes. Section
17403.1(a)(3)
Sealed Container
Transfer Operations
Section 17403.2
Secondary Material
Processing Facility
Section 17403.3.3

Drop-off Centers
Section 17402.5(c)(4)
Containers used to
store construction
or demolition
wastes at the place
Limited Volume
Transfer Operations
Section 17403.3

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Not Subject to
Articles 6.0, 6.1, 6.2,

6.3 and 6.35
Excluded Tier Enforcement Agency
Notification Tier
Registration
Permit Tier
Full Solid Waste
Facility Permit
of generation.

Section 17403(a)(4)
Manufacturers
Section 17402.5(c)(5)
Containers used to
store salvaged
materials. Section
17403.1(a)(5)

Recycling Centers
Section 17402.5(d)
Waste Hauling Yard
Operations. Section
17403.1(a)(6)

Regional Organic
Distribution Centers
Section 17402.5(c)(6)
Storage of Other
Wastes. Section
17403(1)(a)(7)

Rendering Plants
Activities Section
17402.5(c)(67)

Reuse Salvage
Operations (includes
furniture and
mattress dismantlers
and
demanufacturers)
Section
17402.5(c)(78)

Scrap Metal
Recyclers and Dealers
Section
17402.5(c)(89)

Wire Choppers
Section
17402.5(c)(910)

Wood, Paper, or
Wood Product
Manufacturer Section
17402.5(c)(1011)

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Note: There are no operations or facilities placed within the Standardized tier. 1 Article 6.2 Operating Standards. 2
Section 17409.5. Loadchecking—Prohibited Wastes. 3
(a) The operator of an attended operation or facility shall implement a loadchecking 4 program to prevent the acceptance of waste which is prohibited by this Article. This 5 program must include at a minimum: 6
(1) the number of random loadchecks to be performed; 7
(2) a location for the storage of prohibited wastes removed during the loadchecking 8 process that is separately secured or isolated; 9
(3) records of loadchecks and the training of personnel in the recognition, proper 10 handling, and disposition of prohibited waste. A copy of the loadchecking program 11 and copies of the loadchecking records for the last year shall be maintained in the 12 operating record and be available for review by the appropriate regulatory agencies. 13 Note: 14
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 15 Reference: Sections 40053, 42652.5, 43020, and 43021, Public Resources Code and 16 Section 39730.6, Health and Safety Code. 17
Section 17409.5.1. Organic Waste Recovery Efficiency. 18 (a) This section applies to transfer/processing facilities and operations that conduct 19 processing activities. 20
(b) For the purposes of compliance with the reporting requirements in Section 18815.5, 21 and demonstrating that the facility is a “high diversion organic waste processing facility” 22 as defined in Section 18982(a)(33) that meets or exceeds an annual average mixed 23 waste organic content recovery rate of 50 percent on and after January 1, 2022 and 75 24 percent on and after January 1, 2025 as determined in Section 18815.5(e), the operator 25 shall conduct the measurements described in this section. 26 (c) The operator shall: 27
(1) Determine the sum of outgoing weights of organic waste recovered from the 28 mixed waste organic collection stream by adding together the weights determined 29 pursuant to Section 17409.5.2(b)(6) for each operating day that measurements were 30 conducted during the reporting period. 31
(2) Determine the sum of outgoing weights of organic waste removed from the mixed 32 waste organic collection stream for landfill disposal by adding together the weights as 33 measured pursuant to Section 17409.5.3(b)(5) for each operating day that 34 measurements were conducted during the reporting period. 35 (3) Report the sums of Subdivisions (c)(1) and (c)(2) to the Department pursuant to 36 Section 18815.5. 37
(d) The operator shall additionally: 38
(1) Determine the sum of outgoing weights of organic waste recovered from the 39 source separated organic waste collection stream by adding together the weights 40 determined pursuant to Section 17409.5.4(b)(6) for each operating day that 41 measurements were conducted during the reporting period. 42

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(2) Determine the sum of outgoing weights of organic waste removed from the source 1 separated organic waste collection stream that is sent for landfill disposal by adding 2 together the weights as measured pursuant to Section 17409.5.5(b)(5) for each 3 operating day that measurements were conducted during the reporting period. 4 (3) Report the sums of Subdivisions (d)(1) and (d)(2) to the Department pursuant to 5 Section 18815.5. 6
(e) The operator shall maintain records demonstrating compliance with this section in a 7 manner approved by the EA and as described in Section 17414.2(a). 8 Note: 9
Authority cited: Sections 40502, 43020, and 43021 Public Resources Code. 10 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 11 Section 39730.6, Health and Safety Code. 12
Section 17409.5.2. Measuring Organic Waste Recovered from Mixed Waste 13 Organic Collection Stream. 14
(a) The operator of an attended operation or facility that accepts a mixed waste organic 15 collection stream shall measure the amount by weight of organic waste separated from 16 the mixed waste organic collection stream after processing for end-use, recovery or 17 further processing. 18
(1) The measurements required pursuant to this section shall be conducted at the 19 following frequency: 20
(A) For each reporting period, the operator shall perform the sampling protocol 21 required in Subdivision (b) over ten (10) consecutive operating days. 22 (B) An operator may use the results of samples conducted over a period of more 23 than 10 days if the following apply: 24

1. If less than 10 additional days are sampled in the reporting period, the 25 additional operating days where sampling is performed shall be a 26 consecutive continuation of the original 10 consecutive days of sampling. 27

2. If 10 additional operating days or more are selected for sampling, the 28 additional operating days shall be conducted on consecutive days but may be 29 performed during a different part of the reporting period and are not required to 30 be a continuation of the original 10 operating days. 31 (b) The operator shall comply with Subdivision (a) by using the following protocol: 32 (1) On each sampling day take one sample of at least two hundred (200) pounds 33 from each organic waste type separated after processing at the operation or facility 34 on that operating day prior to sending to a destination for end-use, recovery, or 35 further processing. Each sample shall be: 36
(A) Representative of a typical operating day; and 37
(B) A random, composite sample taken either from various times during the 38 operating day or from various locations within each pile of each of the organic 39 waste types separated after processing. 40
(2) Record the weight of each sample from each organic waste type. If the total 41 weight of a single organic waste type processed in a single operating day is less than 42 200 pounds, the operator shall sample all of that organic waste type that is separated 43 after processing for end-use, recovery or further processing. 44

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(3) For each sample, remove any incompatible material and determine the remaining 1 weight of organic waste in that sample. 2
(4) Then determine a ratio for each type of organic waste in the mixed waste organic 3 collection stream by dividing the total weight from Subdivision (b)(3) by the total 4 weight recorded in Subdivision (b)(2). 5
(5) Multiply the ratio determined for each type of organic waste type pursuant to 6 Subdivision (b)(4) by the total weight of all of the same type of organic waste 7 separated after processing and destined for end-use, recovery or further processing 8 (6) Determine the total weight of organic waste separated from the mixed waste 9 organic collection stream for recovery by adding the sum of all the weights calculated 10 pursuant to Subdivision (b)(5). 11
(c) The operator shall conduct a measurement in the presence of the EA when 12 requested. 13
(d) If it is determined by the EA that the measurements do not accurately reflect the 14 records, the EA may require the operator to increase the frequency of measurements, 15 revise the measurement protocol, or both to improve accuracy. 16 (e) If the operator sends any material to a POTW that is not authorized to receive, 17 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 18 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 19 be added to the total weight calculated pursuant to Section 17409.5.3. 20 Note: 21
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 22 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 23 Section 39730.6, Health and Safety Code. 24
Section 17409.5.3. Measuring Organic Waste in Material Removed from Mixed 25 Waste Organic Collection Stream for Disposal. 26
(a) The operator of an attended operation or facility that accepts a mixed waste organic 27 collection stream shall measure the amount by weight of organic waste present in the 28 material removed from the mixed waste organic collection stream after processing that 29 is sent to disposal. 30
(1) The measurements required pursuant to this section shall be conducted at the 31 following frequency: 32
(A) For each reporting period, the operator shall perform the sampling protocol 33 required in Subdivision (b) over ten (10) consecutive operating days. 34 (B) An operator may use the results of samples conducted over a period of more 35 than 10 days if the following apply: 36

1. If less than 10 additional days are sampled in the reporting period, the 37 additional operating days where sampling is performed shall be a consecutive 38 continuation of the original 10 consecutive days of sampling. 39

2. If 10 additional operating days or more are selected for sampling, the 40 additional operating days shall be conducted on consecutive days but may be 41 performed during a different part of the reporting period and are not required to 42 be a continuation of the original 10 operating days. 43 (b) The operator shall comply with Subdivision (a) by using the following protocol: 44

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(1) On each sampling day, take one sample of at least two hundred (200) pounds of 1 the material removed from mixed waste organic collection stream at the operation or 2 facility on that operating day prior to sending to disposal. Each sample shall be: 3 (A) Representative of a typical operating day; and 4
(B) A random, composite sample taken either from various times during the 5 operating day or from various locations within the pile(s) of material that will be 6 sent to disposal. 7
(2) Record the total weight of the sample. If the total weight of the materials removed 8 from the mixed waste organic collection stream in a single operating day is less than 9 200 pounds, the operator shall sample the stream that will be sent to disposal. 10 (3) Remove any incompatible material and determine the remaining weight of the 11 organic waste in the sample. 12
(4) Then determine the ratio of organic waste present in the materials removed from 13 the mixed waste organic collection stream for disposal by dividing the total weight 14 from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 15 (5) Determine the total weight of organic waste removed from the mixed organic 16 collection stream that is sent to disposal by multiplying the ratio determined pursuant 17 to Subdivision (b)(4) by the total weight of the materials removed from the mixed 18 waste organic collection stream for disposal. 19
(c) The operator shall conduct a measurement in the presence of the EA when 20 requested. 21
(d) If it is determined by the EA that the measurements do not accurately reflect the 22 records, the EA may require the operator to increase the frequency of measurements, 23 revise the measurement protocol, or both to improve accuracy. 24 (e)The operator shall maintain records of measurements and the training of personnel in 25 evaluating the amount of organic waste in the material removed from mixed waste 26 organic collection stream for disposal. 27
(f) For the purposes of this section “disposal” has the same meaning as “Activities that 28 constitute landfill disposal” as defined in Section 18982. 29 Note: 30
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 31 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 32 Section 39730.6, Health and Safety Code. 33
Section 17409.5.4. Measuring Organic Waste Recovered from Source Separated 34 Organic Waste Collection Stream. 35
(a) The operator of an attended operation or facility that accepts source separated 36 organic waste shall measure the amount by weight of organic waste separated from the 37 source separated organic waste collection stream after processing for end-use, 38 recovery or further processing. 39
(1) The measurements required pursuant to this section shall be conducted at the 40 following frequency: 41
(A) For each reporting period, the operator shall perform the sampling protocol 42 required in Subdivision (b) over ten (10) consecutive operating days. 43

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(B) An operator may use the results of samples conducted over a period of more 1 than 10 days if the following apply: 2

1. If less than 10 additional days are sampled in the reporting period, the 3 additional operating days where sampling is performed shall be a consecutive 4 continuation of the original 10 consecutive days of sampling. 5

2. If 10 additional operating days or more are selected for sampling, the 6 additional operating days shall be conducted on consecutive days but may be 7 performed during a different part of the reporting period and are not required to 8 be a continuation of the original 10 operating days. 9 (b) The operator shall comply with Subdivision (a) by using the following protocol: 10 (1) On each sampling day take one sample of at least two hundred (200) pounds 11 from each organic waste type separated after processing at the operation or facility 12 on that operating day prior to sending to a destination for end-use, recovery, or 13 further processing. Each sample shall be: 14
(A) Representative of a typical operating day; and 15
(B) A random, composite sample taken either from various times during the 16 operating day or from various locations within each pile of each of the organic 17 waste types separated after processing. 18
(2) Record the weight of each sample from each organic waste type. If the total 19 weight of a single organic waste type processed in a single operating day is less than 20 200 pounds, the operator shall sample all of that organic waste type that is separated 21 after processing for end-use, recovery or further processing. 22 (3) For each sample, remove any incompatible material and determine the remaining 23 weight of organic waste in that sample. 24
(4) Then determine a ratio for each type of organic waste in the source separated 25 organic waste collection stream by dividing the total weight from Subdivision (b)(3) by 26 the total weight recorded in Subdivision (b)(2). 27
(5) Multiply the ratio determined for each type of organic waste type pursuant to 28 Subdivision (b)(4) by the total weight of all of the same type of organic waste 29 separated after processing and destined for end-use, recovery or further processing. 30 (6) Determine the total weight of organic waste separated from the source separated 31 organic waste collection stream for recovery by adding the sum of all the weights 32 calculated pursuant to Subdivision (b)(5). 33
(c) The operator shall conduct a measurement in the presence of the EA when 34 requested. 35
(d) If it is determined by the EA that the measurements do not accurately reflect the 36 records, the EA may require the operator to increase the frequency of measurements, 37 revise the measurement protocol, or both to improve accuracy. 38 (e) If the operator sends any material to a POTW that is not authorized to receive, 39 pursuant to Section 17896.6(a)(1)(C) or (D), that material shall be deemed to constitute 40 landfill disposal pursuant to Section 18983.1(a)(3), and the weight of that material shall 41 be added to the total weight calculated pursuant to Section 17409.5.5. 42 Note: 43
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 44

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Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1 Section 39730.6, Health and Safety Code. 2
Section 17409.5.5. Measuring Organic Waste in Materials Removed from Source 3 Separated Organic Waste Collection Stream For Disposal. 4 (a) The operator of an attended operation or facility that accepts a source separated 5 organic waste shall measure the amount of organic waste by weight present in the 6 materials removed from the source separated organic waste collection stream after 7 processing that is sent to disposal. 8
(1) The measurements required pursuant to this section shall be conducted at the 9 following frequency: 10
(A) For each reporting period, the operator shall perform the sampling protocol 11 required in Subdivision (b) over ten (10) consecutive operating days. 12 (B) An operator may use the results of samples conducted over a period of more 13 than 10 days if the following apply: 14

1. If less than 10 additional days are sampled in the reporting period, the 15 additional operating days where sampling is performed shall be a consecutive 16 continuation of the original 10 consecutive days of sampling. 17

2. If 10 additional operating days or more are selected for sampling, the 18 additional operating days shall be conducted on consecutive days but may be 19 performed during a different part of the reporting period and are not required to 20 be a continuation of the original 10 operating days. 21 (b) The operator shall comply with Subdivision (a) by using the following protocol: 22 (1) On each sampling day take one sample of at least two hundred (200) pounds of 23 the materials removed from source separated organic waste collection stream at the 24 operation or facility on that operating day prior to sending to disposal. Each sample 25 shall be: 26
(A) Representative of a typical operating day; and 27
(B) A random, composite sample taken either from various times during the 28 operating day or from various locations within the pile(s) of material that will be 29 sent to disposal. 30
(2) Record the total weight of the sample. If the total weight of the materials removed 31 from the source separated organic waste collection stream in a single operating day 32 is less than 200 pounds, the operator shall sample the stream that will be sent to 33 disposal. 34
(3) Remove any incompatible material and determine the remaining weight of the 35 organic waste in the sample. 36
(4) Then determine the ratio of organic waste present in the material removed from 37 the source separated organic waste collection stream for disposal by dividing the 38 total weight from Subdivision (b)(3) by the total weight recorded in Subdivision (b)(2). 39 (5) Determine the total weight of organic waste removed from the source separated 40 organic waste collection stream that is sent to disposal by multiplying the ratio 41 determined pursuant to Subdivision (b)(4) by the total weight of the materials 42 removed from the source separated organic waste collection stream for disposal. 43 (c) The operator shall conduct a measurement in the presence of the EA when 44 requested. 45

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(d) If it is determined by the EA that the measurements do not accurately reflect the 1 records, the EA may require the operator to increase the frequency of measurements, 2 revise the measurement protocol, or both to improve accuracy. 3 (e) For the purposes of this section “disposal” has the same meaning as “Activities that 4 constitute landfill disposal” as defined in Section 18982. 5 Note: 6
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 7 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 8 Section 39730.6, Health and Safety Code. 9
Section 17409.5.6. Source Separated Organic Waste Handling. 10 (a) Source separated organic waste processing shall be kept separate from other solid 11 waste streams. 12
(1) Remnant organic material separated from the gray container collection stream for 13 recovery can be combined with organic material removed from the source separated 14 organic waste collection stream for recovery once the material from the source 15 separated organic waste collection stream has gone through the measurement 16 protocol described in Section 17409.5.4. 17
(2) Construction and Demolition Debris, as defined in Section 17381, shall be kept 18 separate from the source separated organic waste collection stream and the mixed 19 waste organic collection stream and shall not be included in the measurements 20 required pursuant to Sections 17409.5.1- 17409.5.5 and 17409.5.8. 21 (b) Source separated organic waste and organic waste removed from a mixed waste 22 organic collection service for recovery shall be: 23
(1) Stored away from other activity areas in specified, clearly identifiable areas as 24 described in the Facility Plan or Transfer/Processing Report; and 25 (2) Removed from the site consistent with Section 17410.1 and either: 26 (A) Transported only to another solid waste facility or operation for additional 27 processing, composting, in-vessel digestion, or other recovery as specified in 28 Section 18983.1; or 29
(B) Used in a manner approved by local, state, and federal agencies having 30 appropriate jurisdiction. 31
Note: 32
Authority cited: Sections 40502, 43020 and 43021 Public Resources Code. 33 Reference: Sections 40053, 42652.5, 43020 and 43021 Public Resources Code and 34 Section 39730.6, Health and Safety Code. 35
Section 17409.5.7. Gray Container Waste Evaluations. 36 (a) Commencing July 1, 2022, the operator of an attended operation or facility that 37 receives a gray container collection stream, and more than 500 tons of solid waste from 38 at least one jurisdiction annually, shall conduct waste evaluations on the gray container 39 collection stream consistent with this section. 40
(b) The operator shall perform one gray container waste evaluation per quarter. 41

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(c) The operator shall use the following measurement protocol to comply with this 1 section: 2
(1) Take one sample of at least 200 pounds from the incoming gray container 3 collection stream received by the facility. Each sample shall be: 4 (A) Representative of a typical operating day; and 5
(B) A random, composite sample taken from various times during the operating 6 day. 7
(2) Record the weight of the sample. 8
(3) For that sample, remove any remnant organic material and determine the weight 9 of that remnant organic material. 10
(4) Then determine the ratio of remnant organic material in the sample by dividing the 11 total weight from Subdivision (a)(3) by the total weight recorded in Subdivision (a)(2). 12 (d) Upon written notification to the applicable EA, the operator may conduct offsite gray 13 container waste evaluations at an alternative, permitted or authorized solid waste facility 14 or operation provided that the operator subject to this section does not process the 15 material prior to its transfer offsite for the waste evaluation. 16 (1) The results of an offsite gray container waste evaluation performed under 17 Subdivision (d) shall be reported by the transfer/processing operation or facility 18 subject to this section as required in Section 18815.5 and shall not be reported by the 19 alternative solid waste facility or operation. 20
(e) The operator shall conduct a measurement in the presence of the EA when 21 requested. 22
(f) If it is determined by the EA that the measurements do not accurately reflect the 23 records, the EA may require the operator to increase the frequency of measurements, 24 revise the measurement protocol, or both to improve accuracy. 25 (g)The operator shall maintain records of waste evaluations and the training of 26 personnel in evaluating the amount of remnant organic material. These records shall be 27 maintained for five (5) years in the operating record and be available for review by the 28 EA and other duly authorized regulatory agencies. 29
30 Note: 31
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 32 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 33 39730.6, Health and Safety Code. 34
Section 17409.5.8. Incompatible Materials Limit in Recovered Organic Waste. 35 (a) A transfer/processing facility or operation shall only send offsite that organic waste 36 recovered after processing from the source separated organic waste stream and from 37 the mixed waste organic collection stream that meets the following requirements: 38 (1) On and after January 1, 2022 with no more than 20 percent of incompatible 39 material by weight; and 40
(2) On and after January 1, 2024 with no more than 10 percent of incompatible 41 material by weight. 42
(b) The operator shall measure compliance with Subdivision (a) by using the following 43 protocol: 44

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(1) Use the same samples taken to comply with Sections 17409.5.2 and 17409.5.4 1 and the same total weight of each of those samples. 2
(2) For each sample, remove any incompatible material and determine the weight of 3 the incompatibles in that sample. 4
(3) Then determine a ratio of the incompatible material for each type of organic waste 5 in the mixed waste organic collection stream and the source separated organic waste 6 collection waste stream by dividing the total from Subdivision (b)(2) by the total from 7 Subdivision (b)(1). 8
(4) Multiply the ratio determined pursuant to Subdivision (b)(3) for each type of 9 organic waste by the total weight of all of the same type of organic waste separated 10 after processing and destined for end-use, recovery or further processing. 11 (5) Determine the total weight of incompatible materials separated from the mixed 12 waste organic collection stream and from the source separated organic waste stream 13 by adding the sum of all the weights calculated pursuant to Subdivision (b)(4). 14 (6) Determine the ratio of incompatible materials by taking the total weight of 15 incompatible materials determined pursuant to Subdivision (b)(5) and dividing by the 16 sum of the outgoing weights of the materials recovered from the mixed waste organic 17 collection stream and from the source separated organic waste stream. 18 (7) Determine the percentage of incompatible materials by multiplying the ratio 19 determined pursuant to Subdivision (b)(6) by 100. 20
(c) The recovered organic waste stream shall not be subject to Section 17409.5.8(a) if 21 the recovered organic waste is sent to one or more of the following types of facilities 22 that will further process that waste: 23
(1) A transfer/processing facility or operation that complies with Section 17409.5.8(a). 24 (2) A compostable material handling facility or operation that, pursuant to Section 25 17867(a)(16), demonstrates that the percentage of organic waste in the materials 26 sent to disposal is: 27
(A) On and after January 1, 2022, less than 20 percent. 28 (B) On and after January 1, 2024, less than 10 percent. 29 (3) An in-vessel digestion facility or operation that, pursuant to Section 17896.44.1, 30 demonstrates that the percentage of organic waste in the materials sent to disposal 31 is: 32
(A) On and after January 1, 2022, less than 20 percent. 33 (B) On and after January 1, 2024, less than 10 percent. 34 (4) An activity that meets the definition of a recycling center as described in Section 35 17402.5(d). 36
(d) The operator shall conduct a measurement in the presence of the EA when 37 requested. 38
(e) If it is determined by the EA that the measurements do not accurately reflect the 39 records, the EA may require the operator to increase the frequency of measurements, 40 revise the measurement protocol, or both to improve accuracy. 41 (f) For the purposes of this section “disposal” has the same meaning as “Activities that 42 constitute landfill disposal” as defined in Section 18982. 43 Note: 44
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 45

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Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 1 Section 39730.6, Health and Safety Code. 2
Section 17409.5.9. Alternatives to Measurement Protocols. 3 (a) The EA may approve, with concurrence by the Department, alternative 4 measurement protocols to the requirements of Sections 17409.5.2, 17409.5.3, 5 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8, as long as they will still ensure that 6 the measurements will be as accurate. The Department shall concur with the EA 7 approval if it finds that the alternative measurement protocols will ensure that the 8 measurements will be as accurate. For the purposes of this section, alternative 9 measurement protocols may include, but are not limited to, measurements made with a 10 different sampling frequency and/or weight than those specified in this article. 11 (b) When required by this article, the operator shall report tonnages using a scale. If 12 scales are not accessible, the EA may approve, with written notification to the 13 Department, the operator to report the tonnages using a method described in Section 14 18815.9(g). 15
(c) The EA may approve, with written concurrence by the Department, a substitute to 16 certain requirements to sample and measure specific types of organic waste that are 17 designated for an organic waste recovery activity with a quality standard imposed on the 18 operator by the person, entity, or solid waste facility or operation accepting that organic 19 waste type as specified in this subdivision. The Department shall concur with the EA 20 approval if it verifies that there is a quality standard imposed on the operator by the 21 person, entity, or solid waste facility or operation accepting that organic waste type as 22 specified in this subdivision and that the standard meets the requirements in 23 Subdivision (c)(1)(A) through (G), below. 24
(1) The EA may waive the requirements in Sections 17409.5.2,17409.5.4 and 25 17409.5.8 to sample a type of organic waste that the operator recovered from the 26 source separated organic waste collection stream or from the mixed waste organic 27 collection stream if the following apply: 28
(A) The person, entity, or solid waste facility or operation accepting that organic 29 waste type requires the operator to demonstrate that the presence of incompatible 30 materials in the organic waste type is less than or equal to the level of 31 incompatible materials specified in Section 17409.5.8(a); 32 (B) The person, entity, or solid waste facility or operation accepting that organic 33 waste type requires the operator to demonstrate the presence of incompatible 34 materials through sampling; 35
(C) The sampling protocol that is used to meet the quality standard of the person, 36 entity, or solid waste facility or operation accepting that organic waste type is 37 designed to accurately reveal the percentage of incompatible material by weight 38 that is present in the samples; 39
(D) The end-user and the operator have a contract or written agreement specifying 40 the sampling protocol and the maximum level of incompatible materials allowed in 41 the organic material before it is accepted by the end-user; 42 (E) The contract or written agreement is available for review by the EA; 43 (F) The sampling protocol is at least as effective as the sampling required in 44 Sections 17409.5.2, 17409.5.4 and 17409.5.8; and 45

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(G) The operator allows the EA to observe sampling upon request. 1 (d) An operator that is authorized to substitute a quality standard for sampling 2 requirements as specified in Subdivision (c) for a specific type of recovered organic 3 waste type shall apply the weight of incompatible materials as measured in the quality 4 standard to total weight of that organic waste type for the purposes of determining 5 organic waste recovery efficiency as specified in Section 17409.5.1. 6 Note: 7
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 8 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 9 Section 39730.6, Health and Safety Code. 10
Section 17409.5.10. Solid Waste Handling at Consolidation Sites. 11 (a) Consolidation sites are not subject to the requirements of Sections 17409.5.1 12 through 17409.5.9. 13
(b) Consolidation sites are not subject to the recordkeeping and reporting requirements 14 of Section 17414.2. 15
(c) Consolidation sites shall keep source separated organic waste streams separate 16 from other solid waste streams. 17
(d) Materials shall be transported only to transfer/processing facilities or operations that 18 comply with Section 17409.5.1. 19
Note: 20
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 21 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 22 Section 39730.6, Health and Safety Code. 23
Section 17409.5.10.5. Solid Waste Handling at Co-Located Facilities or 24 Operations. 25
(a) The operator of an attended solid waste facility or operation that is permitted or 26 authorized and accepts a mixed waste organic collection stream, a source separated 27 organic waste collection stream, or both for processing and directly transfers the organic 28 waste recovered from either collection stream to a co-located activity within the 29 boundary of the facility for processing is subject to the following requirements: 30 (1) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 31 17896.44.1, whichever is applicable, demonstrates the percent of the material 32 removed for disposal that is organic waste is less than the percent specified in 33 Section 17409.5.8(c)(2) then only the organic waste that is sent off-site for further 34 processing and landfill disposal are subject to the requirements of Sections 35 17409.5.1 through 17409.5.8. 36
(2) If sampling performed pursuant to Section 17409.5.3, 17409.5.5, 17867, or 37 17896.44.1, whichever is applicable, demonstrates that the percent of the material for 38 disposal that is organic waste is more than the percent specified in Section 39 17409.5.8(c)(2) then the organic waste removed after processing and sent for further 40 processing on-site or off-site and landfill disposal are subject to the requirements of 41 Sections 17409.5.1 through 17409.5.8. 42

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1 Note: 2
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 3 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 4 Section 39730.6, Health and Safety Code. 5
6 Section 17409.5.11. Remnant Organic Material Separated From Gray Container 7 Processing. 8
(a) Remnant organic material separated from the gray container collection stream for 9 recovery is not subject to the requirements of Sections 17409.5.1 and 17409.5.8. 10 (1) Remnant organic material removed from the gray container collection stream for 11 recovery can be combined with organic material removed from the source separated 12 organic waste collection stream for recovery once the material from the source 13 separated organic waste collection stream has gone through the measurement 14 protocol described in Section 17409.5.4. 15
Note: 16
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 17 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 18 Section 39730.6, Health and Safety Code. 19
Section 17409.5.12. Transfer/Processing EA Verification Requirements. 20 (a) The operator shall provide the EA all requested information and other assistance so 21 that the EA can verify that the measurements conducted by the operator are consistent 22 with the requirements of Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 23 17409.5.7, and 17409.5.8. 24
(b) The EA shall conduct such verification through: 25 (1) The review of records required by Section 17414.2; and 26 (2) The periodic, direct observation of measurements at a frequency necessary to 27 ensure that the operator is performing such measurements in a manner consistent 28 with Sections 17409.5.2, 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 29 17409.5.8. 30
(c) If, at any time, the EA determines that the records under Section 17414.2(b) indicate 31 that compostable material is sent offsite to any destination(s) other than an authorized 32 permitted solid waste facility or operation, the EA shall directly observe any 33 compostable material onsite designated for such offsite destination(s). If physical 34 contaminants, based on visual observation, clearly exceed the limits in Section 35 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 36 37 Note: 38
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 39 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 40 Section 39730.6 Health and Safety Code. 41

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Article 6.3. Record Keeping Requirements 1
Section 17414.2. Recordkeeping and Reporting Requirements - Organic Waste 2 Recovery. 3
(a) The operator shall keep the following records: 4
(1) The results of each sample conducted pursuant to Sections 17409.5.2, 5 17409.5.3, 17409.5.4, 17409.5.5, 17409.5.7, and 17409.5.8. 6 (2) The daily outgoing weights of material recovered from the mixed organic waste 7 stream. 8
(3) The daily outgoing weights of materials removed from the mixed organic waste 9 stream and sent to landfill disposal. 10
(4) The daily outgoing weights of material recovered from the source separated 11 organic waste stream. 12
(5) The daily outgoing weights of material removed from the source separated, 13 organic-waste stream and sent to landfill disposal. 14 (6) The daily incoming weights of mixed organic waste. 15 (7) The daily incoming weights of source separated organic waste. 16 (8) The results of the formula calculated pursuant to Section 17409.5.8(b)(7). 17 (9) If the operator complies with the incompatible material requirements in Section 18 17409.5.8 by sending material to a facility that meets the requirements of Section 19 17409.5.8(c), the operator shall keep a record of: 20
(A) The name, address, location, and if applicable the RDRS number, of each 21 facility that material is sent to. 22
(B) The daily outgoing weights of material sent to each facility by type. 23 (10) The results of the waste evaluations conducted pursuant to Section 17409.5.7. 24 (A) A copy of the notification if the waste evaluation was performed at an 25 alternative solid waste facility. 26
(b) The operator shall record and maintain the following records regarding compostable 27 material that is sent offsite to any destination(s) other than an authorized permitted solid 28 waste facility or operation: 29
(1) The level of incompatible materials in that material as measured pursuant to 30 17409.5.8; and 31
(2) The total weights of that material per day. 32
(c) The records required in Subdivisions (a) and (b) shall be: 33 (1) Adequate for overall planning and control purposes. 34 (2) As current and accurate as practicable. 35
(d) All records required by this article shall be kept by the operator in one location and 36 accessible for five (5) years and shall be available for inspection by the EA and other 37 duly authorized regulatory agencies during normal working hours. 38 (e) The operator shall submit copies of specified records to the EA upon request or at a 39 frequency approved by the EA. 40
(f) Each operator shall maintain records in accordance with Title 14, California Code of 41 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 42 shall be available for inspections as authorized by that article during normal business 43 hours and retained in the operating record near the site or in an alternative location 44 approved by the EA. 45

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Note: 1
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 2 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 3 Section 39730.6, Health and Safety Code. 4
Chapter 3.1. Composting Operations Regulatory 5
Requirements 6
Article 2. Regulatory Tiers for Composting Operations and Facilities. 7 Section 17855. Excluded Activities. 8
(a) Except as provided otherwise in this Chapter, the activities listed in this section do 9 not constitute compostable material handling operations or facilities and are not 10 required to meet the requirements set forth herein. Nothing in this section precludes the 11 EA or the Department from inspecting an excluded activity to verify that the activity is 12 being conducted in a manner that qualifies as an excluded activity or from taking any 13 appropriate enforcement action. 14
(1) An activity is excluded if it handles agricultural material, derived from an 15 agricultural site, and returns a similar amount of the material produced to that same 16 agricultural site, or an agricultural site owned or leased by the owner, parent, or 17 subsidiary of the composting activity. No more than an incidental amount of up to 18 1,000 cubic yards of compost product may be given away or sold annually. 19 (2) Vermicomposting is an excluded activity. The handling of compostable material 20 prior to and after its use as a growth medium during the vermicomposting process is 21 not an excluded activity and is subject to the requirements of this chapter or the 22 Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 23 California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 24 applicable, as follows: 25
(A) when the compostable material is active compost or is likely to become active 26 compost, as determined by the EA, the requirements of this chapter apply; 27 (B) at all other times when it is not being used as a growth medium during 28 vermicomposting, the compostable material is subject to the Transfer/Processing 29 Operations and Facilities Regulatory Requirements. 30
(3) Mushroom farming is an excluded activity. The handling of compostable material 31 prior to and after its use as a growth medium during the mushroom farming process 32 is not an excluded activity and is subject to the requirements of this chapter or the 33 Transfer/Processing Operations and Facilities Regulatory Requirements (Title 14, 34 California Code of Regulations, Division 7, Chapter 3, Article 6.0-6.35), whichever is 35 applicable, as follows: 36
(A) when the compostable material is active compost or is likely to become active 37 compost, as determined by the EA, the requirements of this chapter apply; 38 (B) at all other times when it is not being used as a growth medium during 39 mushroom farming, the compostable material is subject to the Transfer/Processing 40 Operations and Facilities Regulatory Requirements. 41

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(4) Composting green material, agricultural material, food material, and vegetative 1 food material, alone or in combination, is an excluded activity if the total amount of 2 feedstock and compost on-site at any one time does not exceed 100 cubic yards and 3 750 square feet.[Note: Persons handling compostable material under the above 4 exclusion are obligated to obtain all permits, licenses, or other clearances that may 5 be required by other regulatory agencies including, but not limited to local health 6 entities and local land use authorities.] 7
(5) The handling of compostable materials is an excluded activity if: 8 (A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that 9 has a tiered or full permit as defined in section 18101, 10

1.has a Report of Facility Information which is completed and submitted to the 11 EA that identifies and describes the activity and meets the requirements of 12 Titles 14 or 27; and, 13

2.will only use the material on the facility site, or 14 (B) the activity is solely for the temporary storage of biosolids sludge at a Publicly 15 Owned Treatment Works (POTW), or 16
(C) the activity is located at the site of biomass conversion and is for use in 17 biomass conversion as defined in Public Resources Code section 40106; or 18 (D) the activity is part of a silvicultural operation or a wood, paper, or wood product 19 manufacturing operation; or 20
(E) the activity is part of an agricultural operation and is used to temporarily store 21 or process agricultural material not used in the production of compost or mulch; or 22 (F) the activity is part of an operation used to chip and grind materials derived from 23 and applied to lands owned or leased by the owner, parent, or subsidiary of the 24 operation; or 25
(G) the activity is part of an agricultural operation used to chip and grind 26 agricultural material produced on lands owned or leased by the owner, parent, or 27 subsidiary of the agricultural operation, for use in biomass conversion; or 28 (H) the activity is part of a licensed animal food manufacturing or a licensed 29 rendering operation. An activity that is a licensed animal food manufacturing 30 activity, or a rendering activity which is authorized by the California Department of 31 Food and Agriculture pursuant to Section 19300 of the Food and Agricultural 32 Code, and in which no solid waste feedstock bypasses the manufacturing or 33 rendering process; or 34
(I) the activity is the storage of yard trimmings at a publicly designated site for the 35 collection of lot clearing necessary for fire protection provided that the public 36 agency designating the site has notified the fire protection agency; or 37 (J) the materials are handled in such a way to preclude their reaching 38 temperatures at or above 122 degrees Fahrenheit as determined by the EA; or 39 (6) Storage of bagged products from compostable material is an excluded activity 40 provided that such bags are no greater than 5 cubic yards. 41 Note: 42
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 44 39730.6, Health and Safety Code. 45

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Article 6. Composting Operating Standards 1
Section 17867. General Operating Standards. 2
(a) All compostable materials handling operations and facilities shall meet the following 3 requirements: 4
(1) All handling activities are prohibited from composting any material specified in 5 section 17855.2 of this Chapter. 6
(2) All handling activities shall be conducted in a manner that minimizes odor impacts 7 so as to not cause a nuisance. 8
(3) All handling activities shall be conducted in a manner that minimizes vectors, 9 litter, hazards, nuisances, and noise impacts; and minimizes human contact with, 10 inhalation, ingestion, and transportation of dust, particulates, and pathogenic 11 organisms. 12
(4) Random load checks of feedstocks, additives, and amendments for contaminants 13 shall be conducted. 14
(5) Contamination of compostable materials that has undergone pathogen reduction, 15 pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that 16 have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, 17 or additives shall be prevented. 18
(6) Unauthorized human or animal access to the facility shall be prevented. 19 (7) Traffic flow into, on, and out of the composting operation or facility shall be 20 controlled in a safe manner. 21
(8) All compostable materials handling operations and facilities that are open for 22 public business shall post legible signs at all public entrances. These signs shall 23 include the following information: 24
(A) name of the operation or facility, 25
(B) name of the operator, 26
(C) facility hours of operation, 27
(D) materials that will and will not be accepted, if applicable, 28 (E) schedule of charges, if applicable, and 29
(F) phone number where operator or designee can be reached in case of an 30 emergency. 31
(9) The operator shall provide fire prevention, protection and control measures, 32 including, but not limited to, temperature monitoring of windrows and piles, adequate 33 water supply for fire suppression, and the isolation of potential ignition sources from 34 combustible materials. Firelanes shall be provided to allow fire control equipment 35 access to all operation areas. 36
(10) The operator shall provide telephone or radio communication capability for 37 emergency purposes. 38
(11) Physical Contaminants and refuse removed from feedstock, compost, or chipped 39 and ground material shall be removed from the site within 7 days and transported to 40 an appropriate facility. 41
(12) Enclosed operations and facilities shall provide ventilation to prevent adverse 42 public health effects from decomposition gases. 43
(13) The operator shall ensure that leachate is controlled to prevent contact with the 44 public. 45

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(14) The operator shall prevent or remove physical contaminants in compost and 1 chipped and ground materials that may cause injury to humans. 2 (15) An attendant shall be on duty during business hours if the operation or facility is 3 open to the public. 4
(16) The operator shall determine the quarterly percentage of organic waste 5 contained in materials sent to landfill disposal. 6
(A) To determine the percentage, the operator shall measure the amount of 7 organic waste by weight present in the materials sent to landfill disposal. 8

1.The measurements required pursuant to this section shall be conducted at the 9 following frequency: 10
i. For each reporting period, the operator shall perform the sampling protocol 11 required in Subdivision (a)(16)(B) over at least ten (10) consecutive operating 12 days. 13
ii. An operator may use the results of samples conducted over a period of 14 more than 10 days if the following apply: 15

1. If less than 10 additional days are sampled in the reporting period, the 16 additional operating days where sampling is performed shall be a 17 consecutive continuation of the original 10 consecutive days of sampling. 18

2. If 10 additional operating days or more are selected for sampling, the 19 additional operating days shall be conducted on consecutive days but may 20 be performed during a different part of the reporting period and are not 21 required to be a continuation of the original 10 operating days. 22 (B) The operator shall comply with Subdivision (a)(16)(A) by using the following 23 protocol: 24

1. Take one sample of at least two hundred (200) pounds of the materials that 25 the operation or facility is sending to landfill disposal on that operating day. 26 Each sample shall be: 27
i. Representative of a typical operating day; and 28
ii. A random, composite sample taken either from various times during the 29 operating day or from various locations within the pile(s) of material that will 30 be sent to disposal. 31

2. Record the weight of the sample. If the total weight of material sent to landfill 32 disposal in a single operating day is less than 200 pounds, the operator shall 33 sample all of the material that is sent to landfill disposal that day. 34

3. Remove any material that is not organic waste and determine the remaining 35 weight of the organic waste in the sample. 36

4. Then determine the ratio of organic waste present in the materials removed 37 for landfill disposal by dividing the total from Subdivision (a)(16)(B)3 by the total 38 from Subdivision (a)(16)(B)2. 39

5. Determine the total weight of organic waste that is sent to landfill disposal by 40 multiplying the ratio determined pursuant to Subdivision (a)(16)(B)4 by the total 41 weight of the materials sent to landfill disposal. 42

6. Determine the sum of outgoing weights of organic waste present in the 43 materials that is sent to landfill disposal as determined pursuant to Subdivision 44 (a)(16)(B)5. 45

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7. Determine the ratio of organic waste sent to landfill disposal by dividing the 1 total from Subdivision (a)(16)(B)6 by the total outgoing weights of material that 2 is sent to landfill disposal. 3

8. Determine the percentage of organic waste present in the material sent to 4 landfill disposal by multiplying the ratio as determined pursuant to Subdivision 5 (a)(16)(B)7 by 100. 6
(C) The operator shall conduct a measurement in the presence of the EA when 7 requested. 8
(D) If it is determined by the EA that the measurements do not accurately reflect 9 the records, the EA may require the operator to increase the frequency of 10 measurements, revise the measurement protocol, or both to improve accuracy. 11 (E) An alternative measurement protocol for determining the amount of organic 12 waste sent to landfill disposal may be approved by the EA, with concurrence by 13 the Department. For the purposes of this section, alternative measurement 14 protocols may include, but are not limited to, measurements made with a different 15 sampling frequency and/or weight than those specified in this article. The 16 Department shall concur with EA approval if it finds that the alternative 17 measurement protocol will ensure that the measurements will be as accurate as 18 those in Subsection (a)(16)(A) and (B), above. 19
(F) For the purposes of the measurements required by this Subdivision, organic 20 waste that are textiles, carpet, hazardous wood waste, non-compostable paper, 21 human or pet waste, and material subject to a quarantine on movement issued by 22 a county agricultural commissioner, is not required to be measured as organic 23 waste. 24
(G) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute 25 landfill disposal. 26
Note: 27
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 28 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 29 39730.6, Health and Safety Code. 30
Article 8. Composting Operation and Facility Records 31 Section 17869. General Record Keeping and Reporting Requirements. 32 Except as provided in subsection (d), all compostable materials handling operations and 33 facilities shall meet the following requirements: 34
(a) All records required by this Chapter shall be kept in one location and accessible for 35 five (5) years and shall be available for inspection by authorized representatives of the 36 Department, EA, local health entity, and other duly authorized regulatory and EAs 37 during normal working hours. 38
(b) The operator shall record any special occurrences encountered during operation and 39 methods used to resolve problems arising from these events, including details of all 40 incidents that required implementing emergency procedures. 41 (c) The operator shall record any public complaints received by the operator, including: 42 (1) the nature of the complaint, 43

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(2) the date the complaint was received, 1
(3) if available, the name, address, and telephone number of the person or persons 2 making the complaint, and 3
(4) any actions taken to respond to the complaint. 4
(d) The operator shall record the quantity and type of feedstock received and quantity of 5 compost and chipped and ground material produced. maintain records listed in this 6 subdivision in a form and manner approved by the EA. Agricultural compostable 7 materials handling operations shall maintain records only for compostable material 8 accepted from off-site. Such records shall be adequate for overall planning and control 9 purposes and be as current and accurate as practicable. The records shall be 10 maintained for five (5) years in the operating record and be available for review by the 11 appropriate jurisdiction of origin, haulers, and other duly authorized regulatory agencies. 12 (e) The operator shall maintain the following records under this section 13 (1) The quarterly percentage of organic waste contained in materials sent to landfill 14 disposal as calculated pursuant to Section 17867(a)(16). 15 (2) Daily outgoing weights of material sent to disposal. 16 (3) Daily outgoing weights of compost or chipped and ground material produced. 17 (4) Daily incoming weights by material type. 18
(5) The weight of compostable material sent offsite to any destination(s) other than 19 an authorized permitted solid waste facility or operation. 20 (e) The operator shall record the number of load checks performed and loads rejected. 21 (f) The operator shall record all test results generated by compliance with Article 7 of 22 this Chapter, including but not limited to, metal concentrations, physical contamination 23 limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 24 dates of windrow turnings; chipping and grinding operations and facilities must record 25 the determinations of the percentage of physical contaminants required by 17862.1(d). 26 (1) The operator shall retain records detailing pathogen reduction methods. 27 (g) The operator shall record and retain records of any serious injury to the public 28 occurring on-site and any complaint of adverse health effects to the public attributed to 29 operations. Serious injury means any injury that requires inpatient hospitalization for a 30 period in excess of 24 hours or in which a member of the public suffers a loss of any 31 member of the body or suffers any degree of permanent disfigurement. 32 (h) The operator shall retain a record of training and instruction completed in 33 accordance with section 17867.5. 34
(i) Each operator shall maintain records in accordance with Title 14, California Code of 35 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815.1 et. seq. The records 36 shall be available for inspections as authorized by that article during normal business 37 hours and retained in the operating record near the site or in an alternative location 38 approved by the Local Enforcement Agency. 39
(j) The operator shall provide the EA all requested information and other assistance so 40 that the EA can verify that the measurements conducted by the operator are consistent 41 with the requirements of Section 17867(a)(16). The EA shall conduct such verification 42 through: 43
(1) The review of records required by this section; and 44

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(2) The periodic, direct observation of measurements at a frequency necessary to 1 ensure that the operator is performing such measurements in a manner consistent 2 with this section. 3
(k) If, at any time, the EA determines that the records required by this section indicate 4 that compostable material is sent offsite to any destination(s) other than an authorized 5 permitted solid waste facility or operation, the EA shall directly observe any 6 compostable material onsite designated for such offsite destination(s). If physical 7 contaminants, based on visual observation, clearly exceed the limits in Section 8 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 9 Note: 10
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 11 Reference: Sections 42652.5, 43020 and 43021, Public Resources Code and Section 12 39730.6, Health and Safety Code. 13
14 Chapter 3.2. In-Vessel Digestion Operations and Facilities 15 Regulatory Requirements 16
Article 1. In-Vessel Digestion Operations and Facilities Regulatory 17 Requirements 18
Section 17896.6. Excluded Activities. 19
(a) The activities listed in this section are not subject to the in-vessel digestion 20 requirements set forth in this Chapter. Nothing in this section precludes the EA or the 21 Department from inspecting an excluded activity to verify that the activity is being 22 conducted in a manner that qualifies as an excluded activity or from taking any 23 appropriate enforcement action. 24
(1) A Publicly Owned Treatment Works Treatment Plant (POTW Treatment Plant), as 25 defined in section 403.3(r) of Title 40 of the Code of Federal Regulations, that receives 26 vehicle-transported solid waste that is an anaerobically digestible material for the 27 purpose of anaerobic co-digestion with POTW Treatment Plant wastewater, is excluded 28 under the following conditions: 29
(A) Anaerobically digestible materials must be trucked or hauled into a POTW 30 Treatment Plant. Once on-site, the anaerobically digestible material must be pumped or 31 off-loaded directly into a covered, leak-proof container and then pumped, or diluted or 32 slurried and then pumped, and co-digested in an anaerobic digester(s) at the POTW 33 Treatment Plant. The pumped material may be screened, otherwise separated or 34 treated prior to anaerobic digestion, but must be processed and conveyed in a 35 contained system. Any separated material at the POTW that is not suitable for 36 anaerobic digestion and has no beneficial use shall be further managed as a solid 37 waste. 38
(B) The POTW Treatment Plant has developed Standard Operating Procedures for the 39 acceptance of anaerobically digestible material, the POTW Treatment Plant has notified 40 the Regional Water Quality Control Board that those Standard Operating Procedures 41

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are being implemented, and a Standard Provision (permit condition) that reflects the 1 acceptance of anaerobically digestible material: 2

1. has been incorporated into the POTW Treatment Plant's Waste Discharge 3 Requirements or National Pollutant Discharge Elimination System permit; or 4

2. will be incorporated into the POTW Treatment Plant's Waste Discharge 5 Requirements or National Pollutant Discharge Elimination System permit no later than 6 the next permit renewal. 7
(C) For the purpose of this exclusion, “anaerobically digestible material” means: inedible 8 kitchen grease as defined in section 19216 of the Food and Agricultural Code, food 9 material as defined in Title 14, CCR, section 17896.2(a)(12) and vegetative food 10 material as defined in Title 14, CCR, section 17896.2(a)(12)(A). 11 (D) For the purpose of this exclusion, the Department, in consultation with the State 12 Water Resources Control Board and the California Department of Food and Agriculture, 13 will on a case-by-case basis, review and consider approval of additional types of 14 organic materials as potential “anaerobically digestible material” beyond those specified 15 in section 17896.6(a)(1)(C) in accordance with the following: 16

1. Receipt of a written request to the Department from the General Manager or 17 designee of a POTW Treatment Plant. 18
a. The written request must contain the following information: 19 i. The purpose of the request. 20
ii. Identification of the POTW Treatment Plant proposing to anaerobically co-digest the 21 organic waste material with the POTW wastewater. 22
iii. Types of organic material requested for classification as an anaerobically digestible 23 material. 24
iv. The source(s) of the waste material. 25
v. A description of how the waste material will be handled, processed, stored and 26 transported (before and after receipt at the POTW Treatment Plant). 27 vi. A map identifying all proposed physical changes proposed at the POTW Treatment 28 Plant to accommodate the new waste materials. 29
vii. Available laboratory test results, engineering reports, research or study to support 30 the request. 31
viii. Data and/or reports if this waste material has been used without incident at a 32 different POTW Treatment Plant. 33
ix. The name, addresses and phone numbers for the General Manager and designee of 34 the POTW Treatment Plant. 35
b. Upon receipt of the written request, the Department will communicate and coordinate 36 the request with and between the State Water Resources Control Board and the 37 California Department of Food and Agriculture and will complete the following actions: 38 i. Within 10 days of receipt, send written confirmation to the General Manager and 39 designee of the POTW Treatment Plant indicating receipt of the letter and distribute the 40 letter to appropriate Department staff, as well as to the State Water Resources Control 41 Board and California Department of Food and Agriculture staff contacts for review; 42 ii. Within 15 days of receipt, schedule a meeting with State Water Resources Control 43 Board and California Department of Food and Agriculture staff contacts; 44 iii. Prior to the meeting, Department staff will review the letter and identify questions 45 and/or issues with the request and make a list of recommendations; 46

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iv. Within 40 days of receipt, conduct a meeting on the request. If an agency 1 representative does not attend the meeting, comments will be accepted by the 2 Department up to close of business on the 45th day after receipt; 3 v. Within 60 days of receipt, the Department will provide a written decision to the 4 General Manager and designee of the POTW Treatment Plant stating one of the 5 following: 6
I. The waste type has or has not been determined to be an anaerobically digestible 7 material excluded from both the In-Vessel Digestion Operations and Facilities 8 Regulatory Requirements (pursuant to section 17896.6(a)(1)(C) and the 9 Transfer/Processing Operations and Facility Regulatory Requirements (pursuant to 10 section 17403.1(a)(8)); 11
II. The agencies, based on the information provided, were unable to reach a 12 determination and additional information is required before a determination can be 13 made; or 14
III. The agencies have determined that additional research or study will need to be 15 conducted and the results analyzed prior to a determination made by the agencies. 16 IV. If additional information, research or study is necessary, the Department will consult 17 with the General Manager or designee of the POTW, the State Water Resources 18 Control Board and California Department of Food and Agriculture contacts, for the 19 purpose of developing a timeline for either reviewing the additional information or for 20 reviewing a proposed scope of work and timeline for additional research or study. 21

2. For the purpose of this exclusion, if an organic waste material is determined by the 22 Department to be an anaerobically digestible material for the purpose of co-digestion 23 with the POTW wastewater, the POTW Treatment Plant must comply with section 24 17896.6(a)(1)(A) prior to receipt of the material at the POTW Treatment Plant. 25 (2) In-vessel digestion of agricultural material derived from an agricultural site and the 26 digestate or compost produced from digestate is returned to that same agricultural site, 27 or an agricultural site owned or leased by the owner, parent, or subsidiary of the 28 agricultural site on which the in-vessel digester is located. No more than an incidental 29 amount of up to 1,000 cubic yards of compost produced from digestate may be given 30 away or sold annually. Digestate that is not composted may not be given away or sold. 31 (3) In-vessel digestion at a dairy involving the co-digestion of manure with agricultural 32 material derived on-site, imported agricultural material, and/or imported vegetative food 33 material in accordance with Waste Discharge Requirements issued by a Regional 34 Water Quality Control Board. 35
(A) Any imported materials delivered to the dairy must be pumped or off-loaded directly 36 into a covered, leak-proof container and then pumped, or diluted or slurried and then 37 pumped, and co-digested in an in-vessel digester at a dairy. The pumped material may 38 be screened, otherwise separated or treated prior to in-vessel digestion, but must be 39 processed and conveyed in a contained system. Any separated material at the dairy 40 that is not suitable for in-vessel digestion and has no beneficial use shall be further 41 managed as a solid waste. 42
(B) No more than an incidental amount of up to 1,000 cubic yards of compost produced 43 from digestate may be given away or sold annually. Digestate that is not composted 44 may not be given away or sold. 45

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(4) In-vessel digestion activities with less than a total of 100 cubic yards of solid waste, 1 feedstock, and digestate on-site are excluded. 2
[NOTE: Persons handling solid waste under the above exclusion are obligated to obtain 3 all permits, licenses, or other clearances that may be required by other regulatory 4 agencies including, but not limited to local health entities and local land use authorities.] 5 (5) Rendering activities, authorized by the California Department of Food and 6 Agriculture pursuant to section 19300 of the Food and Agricultural Code, or an activity 7 that is a licensed animal food manufacturing activity, and in which no solid waste 8 feedstock bypasses the rendering process. 9
(6) Other discrete handling activities that are already subject to more stringent handling 10 requirements under Federal or State law, as determined by the EA in consultation with 11 the Department, are excluded. 12
Note: 13
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 14 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 15 Section 39730.6, Health and Safety Code. 16
Article 3. Operating Standards for In-Vessel Digestion Operations and 17 Facilities 18
Section 17896.44.1. Measuring Organic Waste in Material Sent to Disposal. 19 (a) The operator shall determine the quarterly percentage of organic waste contained in 20 materials sent to landfill disposal. 21
(1) To determine the percentage, the operator shall, measure the amount of organic 22 waste by weight present in the materials sent to landfill disposal. 23 (A) The measurements required pursuant to this section shall be conducted at the 24 following frequency: 25

1. For each reporting period, the operator shall perform the sampling protocol 26 required in Subdivision (a)(2) over at least ten (10) consecutive operating days. 27

2. An operator may use the results of samples conducted over a period of more 28 than 10 days if the following apply: 29
i. If less than 10 additional days are sampled in the reporting period, the 30 additional operating days where sampling is performed shall be a 31 consecutive continuation of the original 10 consecutive days of sampling. 32 ii. If 10 additional operating days or more are selected for sampling, the 33 additional operating days shall be conducted on consecutive days but may 34 be performed during a different part of the reporting period and are not 35 required to be a continuation of the original 10 operating days. 36 (2) The operator shall comply with Subdivision (a)(1) by using the following protocol: 37 (A) Take one sample of at least two hundred (200) pounds of the materials that the 38 operation or facility is sending to landfill disposal on that operating day. Each 39 sample shall be: 40

1.Representative of a typical operating day; and 41

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2. A random, composite sample taken either from various times during the 1 operating day or from various locations within the pile(s) of material that will be 2 sent to disposal. 3
(B) Record the weight of the sample. If the total weight of material sent to landfill 4 disposal in a single operating day is less than 200 pounds, the operator shall 5 sample all of the material that is sent to landfill disposal that day. 6 (C) Remove any material that is not organic waste and determine the remaining 7 weight of the organic waste in the sample. 8
(D) Then determine the ratio of organic waste present in the materials removed for 9 landfill disposal by dividing the total from Subdivision (a)(2)(C) by the total from 10 Subdivision (a)(2)(B). 11
(E) Determine the total weight of organic waste that is sent for landfill disposal by 12 multiplying the ratio determined pursuant to Subdivision (a)(2)(D) by the total 13 weight of the materials removed for landfill disposal from the source separated 14 organic waste collection stream after processing. 15
(F) Determine the sum of outgoing weights of organic waste present in material 16 that is sent to landfill disposal as determined pursuant to Subdivision (a)(2)(E). 17 (G) Determine the ratio of organic waste present in the material sent to landfill 18 disposal by dividing the total from Subdivision (a)(2)(F) by the total monthly 19 outgoing weights of residuals removed that is sent for landfill disposal. 20 (H) Determine the percentage of organic waste present in the material sent to 21 landfill disposal by multiplying the monthly ratio as determined pursuant to 22 Subdivision (a)(2)(G) by 100. 23
(b) The operator shall conduct a measurement in the presence of the EA when 24 requested. 25
(c) If it is determined by the EA that the measurements do not accurately reflect the 26 records, the EA may require the operator to increase the frequency of measurements, 27 revise the measurement protocol, or both to the improve accuracy. 28 (d) An alternative measurement protocol for determining the amount of organic waste 29 contained in the residual may be approved by the EA, with concurrence by the 30 Department. For the purposes of this section, alternative measurement protocols may 31 include, but are not limited to, measurements made with a different sampling frequency 32 and/or weight than those specified in this article. The Department shall concur with EA 33 approval if it finds that the alternative measurement protocol will ensure that the 34 measurements will be as accurate as those described in Subsection (a)(1) and (2), 35 above. 36
(e) Organic waste that are textiles, carpet, hazardous wood waste, non-compostable 37 paper and material subject to a quarantine on movement issued by a county agricultural 38 commissioner is not required to be measured as organic waste. 39 (f) Organic waste sent to an activity listed in Section 18983.1(a) shall constitute landfill 40 disposal. 41
Note: 42
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 43 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 44 Section 39730.6, Health and Safety Code. 45

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Article 4. Record Keeping Requirements. 1
Section 17896.45. Record Keeping and Reporting Requirements. 2 Each operator shall meet the following requirements: 3
(a) Each operator shall maintain records of incoming weights or volumes and outgoing 4 salvage or residual weights or volumes listed in this subdivision in a form and manner 5 approved by the EA. Such records shall besubmitted to the EA or the Department upon 6 request; be adequate for overall planning and control purposes; and, be as current and 7 accurate as practicable. 8
(1) The quarterly percentage of organic waste contained in material sent to landfill 9 disposal as calculated pursuant to Section 17896.44.1. 10 (2) The outgoing weights or volumes of material sent to disposal. 11 (3) Daily outgoing weights or volumes of organic waste recovered and produced. 12 (4) Daily outgoing weights or volumes of salvaged materials. 13 (5) Daily incoming weights of material. 14
(6) The weight of compostable material sent offsite to any destination(s) other than 15 an authorized permitted solid waste facility or operation. 16 (b) All records required by this Chapter shall be kept by the operator in one location and 17 accessible for five (5) years and shall be available for inspection by the EA and other 18 duly authorized regulatory agencies during normal working hours. 19 (c) The operator shall submit copies of specified records to the EA upon request or at a 20 frequency approved by the EA; 21
(d) The operator shall maintain a daily log book or file of special occurrences 22 encountered during operations and methods used to resolve problems arising from 23 these events, including details of all incidents that required implementing emergency 24 procedures. Special occurrences shall include but are not limited to: fires, injury and 25 property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack 26 of sufficient number of personnel pursuant to section 17896.42, flooding, earthquake 27 damage and other unusual occurrences. In addition, the operator shall notify the EA by 28 telephone within 24 hours of all incidents requiring the implementation of emergency 29 procedures, unless the EA determines that a less immediate form of notification will be 30 sufficient to protect public health and safety and the environment; 31 (e) The operator shall record any written public complaints received by the operator, 32 including: 33
(1) the nature of the complaint, 34
(2) the date the complaint was received, 35
(3) if available, the name, address, and telephone number of the person or persons 36 making the complaint, and 37
(4) any actions taken to respond to the complaint; 38
(f) The operator shall maintain a copy of the written notification to the EA and local 39 health agency of the name, address and telephone number of the operator or other 40 person(s) responsible for the operations as required by section 17896.42; 41 (g) The operator shall maintain records of employee training as required by section 42 17896.43; 43
(h) all in-vessel digestion operations and facilities shall maintain records as required by 44 section 18809 et seq. 45

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(i) The operator shall record all test results generated by compliance with Article 6 of 1 this Chapter, including but not limited to, metal concentrations, physical contamination 2 limits, fecal coliform and Salmonella sp. densities, temperature measurements, and 3 dates of windrow turnings. 4
(1) The operator shall retain records detailing pathogen reduction methods. 5 (j) Each operator shall maintain records in accordance with Title 14, California Code of 6 Regulations, Division 7, Chapter 9, Article 9.25, Section 18815 et. seq. The records 7 shall be available for inspections as authorized by that article during normal business 8 hours and retained in the operating record near the site or in an alternative location 9 approved by the Local Enforcement Agency. 10
(k) The operator shall provide the EA all requested information and other assistance so 11 that the EA can verify that the measurements conducted by the operator are consistent 12 with the requirements of Sections 17896.44.1. The EA shall conduct such verification 13 through: 14
(1) The review of records required by this section; and 15 (2) The periodic, direct observation of measurements at a frequency necessary to 16 ensure that the operator is performing such measurements in a manner consistent 17 with this section. 18
(l) If, at any time, the EA determines that the records required by this section indicate 19 that compostable material is sent offsite to any destination(s) other than an authorized 20 permitted solid waste facility or operation, the EA shall directly observe any 21 compostable material onsite designated for such offsite destination(s). If physical 22 contaminants, based on visual observation, clearly exceed the limits in Section 23 17852(a)(24.5)(A)1., the EA may require the operator to further process such material. 24 Note: 25
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 26 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 27 Section 39730.6, Health and Safety Code. 28
Article 6. Digestate Handling Standards 29
17896.57. Digestate Handling. 30
(a) Digestate not contained in an in-vessel digester shall, within 24 hours, be: 31 (1) stored or processed on-site in a sealed container or sealed structure unless the 32 EA approves an alternative handling method after determining the alternative method 33 will not pose an additional risk to public health and safety or the environment; or 34 (2) incorporated in an on-site aerobic compost process. 35 (A) On-site aerobic composting of digestate is allowable only at large volume in-36 vessel digestion facilities that have obtained an In-vessel Digestion Facility Permit 37 pursuant to section 17896.13. 38
(B) All in-vessel digestion facilities that compost on-site shall comply with the 39 sampling requirements of section 17896.58, maximum metal concentrations 40 requirements of section 17896.59, the maximum acceptable pathogen 41 concentrations requirements of section 17896.60(b)(1), and physical 42 contamination limits of section 17896.61; or 43

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(3) removed from the site and eitherone of the following: 1 (A) transported only to another solid waste facility or operation for additional 2 processing, composting, or disposal; or 3

1. Digestate that is transported to another solid waste facility or operation for 4 additional processing or composting shall only be transported to one of the 5 following facilities: 6
i. A transfer/processing facility or operation that complies with Section 7 17409.5.8(a); or 8
ii. A compostable material handling facility or operation that, pursuant to 9 Section 17867(a)(16), demonstrates that the percentage of organic waste in 10 the materials sent to disposal is: 11
I. On and after January 1, 2022, less than 20 percent. 12 II. On and after January 1, 2024, less than 10 percent. 13 (B) used in a manner approved by local, state, and federal agencies having 14 appropriate jurisdiction. Any digestate that will be land applied must meet the 15 requirements of sSection 17852(a)(24.5); 16
(C) disposed in a manner as set forth in the Consolidated Regulations for 17 Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 18 27, California Code of Regulations, section 20005). 19
(b) Digestate that has not been analyzed for metal concentration pursuant to section 20 17896.59, pathogen concentration pursuant to section 17896.60(b)(1), and physical 21 contaminants pursuant to section 17896.61 or is known to contain any metal in amounts 22 that exceed the maximum metal concentrations described in section 17896.59, 23 pathogens that exceed the maximum acceptable pathogen concentrations described in 24 section 17896.60(b)(1), or physical contaminants that exceed the maximum physical 25 contamination limits described in section 17896.61 shall be designated for disposal, 26 additional processing, or other use as approved by local, state agencies having 27 appropriate jurisdiction. 28
Note: Authority cited: Sections 40502, 43020 and 43021, Public 29 Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public 30 Resources Code, and Section 39730.6, Health and Safety Code. 31 Chapter 5. Enforcement of Solid Waste Standards and 32 Administration of Solid Waste Facility Permits; Loan 33 Guarantees 34
Article 2.2. LEA Performance Standards, Evaluation Criteria, and 35 Duties and Responsibilities 36
Section 18083. LEA Duties and Responsibilities for Inspections. 37 (a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 38 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, 39 the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, 40 solid waste facilities, operations and disposal sites and equipment to verify compliance 41

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with the state minimum standards, solid waste facilities permits, and related state solid 1 waste laws and regulations within their purview for the protection of the environment 2 and the public health and safety. The LEA/EA shall perform these inspections and 3 related duties as required below, and forward inspection reports to the operator, and/or 4 owner, and the Department within 30 days of the inspection: 5 (1) weekly, for sites operating on performance standards pursuant to 27 CCR Section 6 20695; 7
(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, 8 pending abatement by enforcement action(s); 9
(3) at the frequency required by the state minimum standards for each type of 10 operation specified in 14 CCR Sections 17383.9., 17403.5., and 17896.9. All other 11 operations regulated under the EA Notification tier shall be inspected by the EA at 12 least once every three (3) months unless the EA approves, with Department 13 concurrence, a reduced inspection frequency. The EA may approve a reduced 14 inspection frequency only if it will not pose an additional risk to public health and 15 safety or the environment, and in no case shall the inspection frequency be less than 16 once per calendar year. The EA shall submit a copy of the EA-proposed approval to 17 the Department. The Department shall concur in the EA-proposed approval only if it 18 finds that the reduced inspection frequency will not pose an additional risk to public 19 health and safety or the environment in light of the specific circumstances at the 20 operation in question. The Department shall concur or deny the EA-proposed 21 approval within thirty (30) days from receipt. 22
(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 23 CCR Section 21565. For closed sites, inspections shall be made until no potential 24 threat exists to public health and safety or the environment. This determination shall 25 be subject to Department approval. For the purposes of this subsection, the 26 enumeration, and the workload analysis, a closed site means a site that has ceased 27 accepting waste and, should be closed, is undergoing closure, or has met applicable 28 closure requirements; 29
(A) the Department may approve an alternate inspection frequency for these sites 30 where such an action will not result in adverse impact on public health and safety 31 and the environment. 32
(5) if an LEA has been designated as the EA for waste tire facilities or entered into an 33 agreement with the Department through a grant program to inspect tire facilities, 34 major waste tire facilities shall be inspected annually, minor waste tire facilities shall 35 be inspected at least once every two and a half years pursuant to 14 CCR Section 36 18443; 37
(6) upon receipt of a complaint or emergency notification which cannot be resolved 38 off-site; 39
(7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit 40 application, revision, review, RFI amendment, or closure/postclosure plan; and 41 (8) pursuant to the EPP, for solid waste handling and collection equipment.; and 42 (9) at the frequency described in Sections 17409.5.12, 17869(j), and 17896.45(k). 43 (b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any 44 of the above inspections, whenever possible, without prior notice to the owner or 45

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operator, on randomly selected days, during normal business hours or the site's 1 operating hours. 2
Note: 3
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 4 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 5 Section 39730.6, Health and Safety Code. 6
Chapter 9. Planning Guidelines and Procedures for Preparing 7 and Revising Countywide Integrated Waste Management 8
Plans 9
Article 9.25 Recycling and Disposal Reporting System 10 Section 18815.4 Reporting Requirements for Haulers. 11
(a) A self-hauler shall provide the jurisdiction of origin for all material delivered to each 12 transfer/processor or disposal facility. A self-hauler does not have to report to the 13 Department, unless they are a food waste self-hauler. 14 (b) Food waste self-haulers shall report to the Department the tons of food waste sent 15 as follows: 16
(1) To a reporting entity inside California, report the tons of each material type, 17 pursuant to section 18815.9 of this article, and their contact information and RDRS 18 number. 19
(2) To an end user inside or outside California, report the tons of each material type, 20 pursuant to section 18815.9 of this article, sent to each end user category, by region, 21 pursuant to section 18815.3(k) of this article. 22
(3) To a recycling or composting facility or operation outside California, report the 23 tons of each material type, pursuant to section 18815.9 of this article, by region, 24 pursuant to section 18815.3(l) of this article. 25
(4) To each transfer/processor or disposal facility outside California, report the tons of 26 each material type, pursuant to section 18815.9 of this article, sent to each person, 27 and their contact information. 28
(c) A contract hauler shall provide the following information to a receiving reporting 29 entity for all tons delivered, using the methods described in section 18815.9 of this 30 article. A hauler shall provide the information at the time of delivery, unless both the 31 hauler and receiving facility have previously agreed to periodic reports in lieu of 32 providing information at the time of delivery. In all cases, the hauler shall provide the 33 information to the receiving reporting entity within 30 days of the end of the reporting 34 period. 35
(1) For solid waste hauled: 36
(A) A hauler shall provide the jurisdiction of origin for all material sent to each 37 transfer/processor or disposal facility; and 38
(B) If requested by a transfer/processor or disposal facility, then a hauler shall 39 provide the source sector for all material delivered to each broker or transporter, 40

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transfer/processor, or disposal facility, in tons or by percentage using the methods 1 provided in section 18815.9 of this article. 2
(d) A contract hauler who takes material directly from a generator and hauls it to land 3 application or to a person outside the state shall report to the Department. In their report 4 to the Department, a contract hauler shall provide the following information for tons 5 hauled, using the methods described in section 18815.9 of this article: 6 (1) Directly from a generator to land application, the tons of each material type sent 7 by region, pursuant to section 18815.3(k) of this article. 8 (2) Directly from a generator to a person outside the state: 9 (A) For solid waste, the total tons by jurisdiction of origin for all material sent to a 10 disposal facility or transfer/processor, their contact information, and an estimate of 11 the overall source sector tons or percentages for waste sent. 12 (B) For green material sent to each transfer/processor or disposal facility for 13 potential beneficial reuse, the tons by jurisdiction of origin, and the contact 14 information of the receiving facility. 15
(C) For non-green material sent to each transfer/processor or disposal facility for 16 potential beneficial reuse, the tons by material type, pursuant to section 18815.9, 17 and the contact information of the receiving facility. 18 (D) For disaster debris and designated waste sent to each transfer/processor or 19 disposal facility, the tons of each stream, and the contact information of the 20 receiving facility. 21
(E) For material sent to recycling or composting facilities or operations, the tons of 22 each material type sent by region. 23
(F) To end users, the tons of each material sent to each end user category by 24 region, pursuant to section 18815.3(k) of this article. 25 (3) A hauler shall submit their report to the Department by the following due dates for 26 each reporting period: 27
(A) Reporting period 1 due April 30, 28
(B) Reporting period 2 due July 31, 29
(C) Reporting period 3 due October 31, and 30
(D) Reporting period 4 due January 31. 31
(e) For the purposes of RDRS reporting, the Department shall not require a hauler to 32 submit information regarding specific collection locations or customers when providing 33 jurisdiction of origin, material type or source sector information to other reporting entities 34 or to the Department as part of a quarterly report. 35
(1) A jurisdiction is not precluded from requiring this information through franchise 36 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 37 Code, or other authority it may have. 38
(2) The Department may require a hauler to submit this information in lieu of an audit, 39 or as part of an audit or administrative proceeding. 40 (f) Commencing January 1, 2022, a hauler providing an organic waste collection service 41 pursuant to Article 3, Chapter 12 of this division shall identify, for all materials delivered 42 to each receiving reporting entity, whether the material is: 43 (1) Collected from a “source separated organic waste collection stream” as defined in 44 Section 17402 (a)(26.6) of this division. 45

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(2) Collected from “mixed waste organics collection stream” as defined in in Section 1 17402 (a)(11.5) of this division that is required to be transported to a high diversion 2 organic waste processing facility. 3
(g) Notwithstanding Subdivision (b), a hauler shall provide the information required by 4 Subdivision (f) at the time of delivery. 5
Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 6 Reference: Sections 41821.5, and 41821.6, and 42652.5, Public Resources Code and 7 Section 39730.6, Health and Safety Code. 8
Section 18815.5 Reporting Requirements for Transfer/Processors. 9 (a) In their report to the Department, a transfer/processor shall provide the following 10 information, using the methods in described in section 18815.9 of this article: 11 (1) For all tons accepted: 12
(A) From another transfer/processor, report the tons of each of the following 13 streams: solid waste, disaster debris, designated waste, green material potential 14 beneficial reuse, and all other potential beneficial reuse accepted from each 15 facility. Report the sending facility's contact information and RDRS number, if 16 applicable. 17
(B) For direct-hauled material, report the total aggregated tons of each of the 18 following streams: solid waste, disaster debris, designated waste, green material 19 potential beneficial reuse, and all other potential beneficial reuse. The tonnages for 20 solid waste and green material potential beneficial reuse shall be further divided by 21 jurisdiction of origin. 22
(C) Include accepted residuals generated by a recycling or composting facility or 23 operation that is reporting under the same RDRS number as a transfer/processing 24 facility or operation, pursuant to section 18815.3(d)(4) of this article, in the total 25 tons accepted as direct-hauled, pursuant to subsection (1)(B), assigning the tons 26 to the jurisdiction within which the site is located. 27 (2) For all tons sent to recyclers, composters, brokers, transporters, or end users 28 pursuant to section 18815.9 of this article: 29
(A) To a recycling or composting facility or operation with a different RDRS 30 number inside California, report the tons by material type, pursuant to section 31 18815.9(a) of this article, and their contact information and RDRS number, if 32 applicable. 33
(B) To an end user, report the tons of each material type, pursuant to section 34 18815.9(a) of this article, sent to each end user category by region, pursuant to 35 section 18815.3(k) of this article. 36
(C) To a broker or transporter: 37
(i) In cases where the final destination of the material is determined by the 38 reporting transfer/processor, report pursuant to subsections (a)(2)(A), (a)(2)(B), 39 and (a)(2)(E). 40
(ii) In cases where the final destination of the material is not determined by the 41 reporting transfer/processor, report tons of each material type, pursuant to 42 section 18815.9(a) of this article, sent to each broker or transporter and their 43 contact information and RDRS number, if applicable. 44

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(D) To a recycling or composting facility or operation with the same RDRS 1 number, report pursuant to section 18815.9(h) of this article. 2 (E) To a recycling or composting facility or operation outside California, report the 3 tons of each material type by region. 4
(3) For all tons sent to transfer/processors or disposal facilities inside or outside 5 California of each of the following streams: recycling and composting, solid waste, 6 disaster debris, designated waste, green material potential beneficial reuse, and all 7 other potential beneficial reuse: 8
(A) To each transfer/processor or disposal facility, report the tons of each stream, 9 and their contact information and RDRS number, if applicable. Report the 10 percentage of solid waste and green material potential beneficial reuse received 11 from each transfer/processor, and the total percentage of materials that were 12 direct-hauled, pursuant to subsection (a)(1)(B). The percentage that was direct-13 hauled shall be further divided into the jurisdictions of origin of solid waste and 14 green material potential beneficial reuse. 15
(B) For all tons of solid waste, the percentage that was direct-hauled, pursuant to 16 subsection (a)(1)(B), shall be divided into source sectors, using methods 17 described in section 18815.9(c) of this article. Source sector shall be reported to 18 the department as a facility-wide estimate. 19
(C) For all other material sent for potential beneficial reuse to a landfill or other 20 transfer/processor inside or outside California, report the tons sent to each facility 21 by material type, pursuant to section 18815.9(a)(3) of this article, and the facility's 22 contact information and RDRS number, if applicable. 23
(D) For material sent for recycling to each transfer/processor or disposal facility 24 with a different RDRS number inside California, report the tons by material type, 25 and the facility's contact information and RDRS number, if applicable. 26 (E) For material sent for recycling to each transfer/processor or disposal facility 27 outside California, report the tons by material type and region. 28 (b) A transfer/processor shall report to the Department by the following due dates for 29 each reporting period: 30
(1) Reporting period 1 due May 31, 31
(2) Reporting period 2 due August 31, 32
(3) Reporting period 3 due November 30, and 33
(4) Reporting period 4 due February 28. 34
(c) With the exception of reporting entities who fail to provide required information, for 35 the purposes of RDRS reporting, the Department shall not require a transfer/processor 36 to submit information regarding the identities of individual haulers when providing 37 jurisdiction of origin, or source sector information to the Department as part of a 38 quarterly report. The Department shall not require a transfer/processor to submit 39 information regarding the identities of individual end users when providing material type 40 or region to the Department as part of their report. 41 (1) A jurisdiction is not precluded from requiring this information through franchise 42 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 43 Code, or other authority it may have. 44
(2) The Department may require a transfer/processor to submit this information in lieu 45 of an audit, or as part of an audit or administrative proceeding. 46

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(d) Commencing with the first reporting period in 2022, and in each subsequent 1 reporting period thereafter: 2
(1) A reporting receiving facility that receives material from a “mixed waste organic 3 collection stream” as defined in Section 17402 (a)(11.5) of this division shall, for the 4 purposes of determining the annual average organic content recovery rate for 5 organic waste received from the mixed waste organic collection stream as specified 6 in Sections 18984.3 and 17409.5.1 of this division, report the following to the 7 Department: 8
(A) The sum of outgoing weights of organic waste recovered from the mixed waste 9 organic collection stream as determined pursuant to Section 17409.5.1(c)(1) of 10 this division. 11
(B)The sum of outgoing weights of organic waste from the mixed waste organic 12 collection stream that is sent to disposal as determined pursuant to Section 13 17409.5.1(c)(2) of this division. 14
(C)The sum of records in Sections 17414.2(a)(2), 17414.2(a)(3), and 17414.2 15 (a)(6) of outgoing and incoming weights of material from the mixed waste organic 16 collection stream. 17
(2) A reporting receiving facility that receives material from a “source separated 18 organic waste collection stream” as defined in Section 17402(a)(26.6) shall report the 19 following to the Department: 20
(A) The sum of outgoing weights of organic waste recovered from the source 21 separated organic collection stream as determined pursuant to Section 17409.5.1 22 (d)(1) of this division. 23
(B) The sum of outgoing weights of organic waste recovered from the source 24 separated organic collection stream as determined pursuant to Section 25 17409.5.1(d)(2) of this division. 26
(C) The sum of weights required to be recorded pursuant to Sections 17414.2 27 (a)(4), 17414.2(a)(5), and 17414.2 (a)(7) of outgoing and incoming weights of 28 material from the source separate organic waste collection stream. 29 (e) The Department shall determine if a facility meets or exceeds the recovery efficiency 30 percentages as specified in the definition of a “high diversion organic waste processing 31 facility” in Section 18982(a)(33) in the following manner: 32 (1) The Department shall determine the quarterly recovery efficiency by dividing the 33 total weight of recovered organic waste reported in Subdivision (d)(1)(A) [Recovered 34 Organics (RO)] by the combined total weight of recovered and disposed organic 35 waste reported in Subdivision (d)(1)(A) and Subdivision (d)(1)(B) [Total Available 36 Mixed Waste Organics(TAMWO)]: RO/TAMWO = Recovery Efficiency. 37 (2) The Department shall use the total weights for the immediately previous four 38 quarters to determine the facility’s annual recovery efficiency which shall constitute 39 the annual average mixed waste organic content recovery rate for the purposes of 40 section 18984.3 of this division. 41
(3) The annual average mixed waste organic content recovery rate shall be 42 determined by using the last four quarterly rates. A new annual average shall be 43 calculated each quarter. 44
(f) The Department shall determine if a facility meets or exceeds the annual average 45 source separated organic content recovery rates specified for a “designated source 46

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separated organic waste facility” as defined in Section 18982(a)(14.5) of this division in 1 the following manner: 2
(1) The Department shall determine the quarterly recovery efficiency by dividing the 3 total weight of recovered organic waste reported in Subdivision (d)(2)(A)[Recovered 4 Organics (RO)] by the combined total weight of recovered and disposed organic 5 waste reported in Subdivision (d)(2)(A) and Subdivision (d)(2)(B) [Total Available 6 Source Separated Organic Waste (TASSOW)]: RO/TASSOW = Recovery Efficiency. 7 (2) The Department shall use the total weights for the immediately previous four 8 quarters to determine the facility’s annual recovery efficiency which shall constitute 9 the annual average source separated organic content recovery rate for the purposes 10 of Sections 18982(a)(14.5) and 18998.1 of this division. A new annual average shall 11 be calculated each quarter. 12
(g) A reporting receiving facility subject to the requirements of Section 17409.5.7 shall 13 report the following to the Department: 14
(1) The average ratio of remnant organic waste to non-organic waste measured in 15 the gray container waste evaluation samples performed by the facility pursuant to 16 Section 17409.5.7. 17
18 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 19 Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code, and 20 Section 39730.6, Health and Safety Code. 21
Section 18815.7 Reporting Requirements for Recycling and Composting Facilities 22 and Operations. 23
(a) In their report to the Department, a recycling or composting facility or operation shall 24 provide the following information for all tons handled, using the methods described in 25 section 18815.9 of this article: 26
(1) For materials sent for disposal or potential beneficial reuse to each 27 transfer/processor or disposal facility with a different RDRS number inside or outside 28 California, report the tons of each material type, pursuant to section 18815.9(a) of 29 this article, and their contact information and RDRS number, if applicable. 30 (2) For materials sent to each recycling or composting facility or operation with a 31 different RDRS number, or for recycling at each transfer/processor with a different 32 RDRS number inside California, report the tons of each material type, pursuant to 33 section 18815.9(a) of this article, and their contact information and RDRS number, if 34 applicable. 35
(3) For materials sent to a recycling or composting facility or operation with the same 36 RDRS number, report pursuant to section 18815.9(h) of this article. 37 (4) For intermediate products sent to end users inside or outside California, report the 38 tons of each material type, pursuant to section 18815.9(a) of this article, sent to each 39 end user category by region, pursuant to section 18815.3(k) of this article. 40 (5) For materials sent to a broker or transporter: 41
(A) In cases where the final destination of the material is determined by the 42 reporting recycling or composting facility or operation, report pursuant to 43 subsections (a)(1), (a)(2), (a)(4), and (a)(6), as applicable. 44

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(B) In cases where the final destination of the material is not determined by the 1 reporting recycling or composting facility or operation, report tons of each material 2 type, pursuant to section 18815.9(a) of this article, sent to each broker or 3 transporter and their contact information and RDRS number, if applicable. 4 (6) For materials sent to each recycling or composting facility or operation outside 5 California, or for recycling at a transfer/processor outside California, report the tons of 6 each material type by region. 7
(b) A recycling or composting facility or operation is not required to report on material 8 sold for reuse or transferred for reuse. 9
(c) A recycler who handles business-to-business post-industrial materials, but also 10 handles materials that do not meet the criteria in section 18815.2(a)(8) of this article, 11 shall: 12
(1) Report as a recycler pursuant to this section for all materials that do not meet the 13 criteria for business-to-business post-industrial recycling, and 14 (2) Not include information or tonnages associated with the business-to-business 15 post-industrial materials recycled as defined in section 18815.2(a)(8) of this article. 16 (d) A recycling or composting facility or operation shall report to the Department by the 17 following due dates for each reporting period: 18
(1) Reporting period 1 due May 31, 19
(2) Reporting period 2 due August 31, 20
(3) Reporting period 3 due November 30, and 21
(4) Reporting period 4 due February 28. 22
(e) With the exception of other reporting entities, for the purposes of RDRS reporting, 23 the Department shall not require a recycling and composting facility or operation to 24 submit information regarding the identities of individual end users, suppliers, or 25 customers when providing material type information to the Department as part of a 26 quarterly report. 27
(1) A jurisdiction is not precluded from requiring this information through franchise 28 agreements, contracts, local ordinances, section 41821.5(g) of the Public Resources 29 Code, or other authority it may have. 30
(2) The Department may require that a recycler/composter submit this information in 31 lieu of an audit, or as part of an audit or administrative proceeding. 32 (f) Commencing with first reporting period in 2022, and in each subsequent reporting 33 period thereafter: 34
(1) A recycling or compost facility or operation shall, if applicable, additionally report 35 the following to the Department: 36
(A) The percentage of organic waste contained in materials sent to landfill disposal 37 as calculated pursuant to Section 17869(e)(1) or 17896.45(a)(1). 38 Note: Authority Cited: Sections 40502 and 41821.5, Public Resources Code. 39 Reference: Sections 41821.5, and 41821.6 and 42652.5, Public Resources Code and 40 39730.6, Health and Safety Code. 41
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Chapter 12: Short-lived Climate Pollutants 1
General Provisions 2
Section 18981. 1. Scope of Chapter. 3
(a) This chapter establishes the regulatory requirements for jurisdictions, generators, 4 haulers, solid waste facilities, and other entities to achieve the organic waste disposal 5 reduction targets codified in Section 39730.6 of the Health and Safety Code and 6 Chapter 13.1 of Division 30 of the Public Resources Code. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Sections 40002, 42652.5, 42654; and Health and 9 Safety Code Section 39730.6. 10
Section 18981. 2. Implementation Requirement on Jurisdictions. 11 (a) By January 1, 2022, a jurisdiction shall adopt enforceable ordinance(s), or similarly 12 enforceable mechanisms that are consistent with the requirements of this chapter, to 13 mandate that organic waste generators, haulers, and other entities subject to the 14 requirements of this chapter that are subject to the jurisdiction’s authority comply with 15 the requirements of this chapter. 16
(b) A jurisdiction may designate a public or private entity to fulfill its responsibilities 17 under this chapter. A designation shall be made through any one or more of the 18 following: 19
(1) Contracts with haulers or other private entities; or 20 (2) Agreements such as MOUs with other jurisdictions, entities, regional agencies as 21 defined in Public Resources Code Section 40181, or other government entities, 22 including environmental health departments. 23
(c) Notwithstanding Subdivision (b) of this section, a jurisdiction shall remain ultimately 24 responsible for compliance with the requirements of this chapter. 25 (d) Nothing in this chapter authorizes a jurisdiction to delegate its authority to impose 26 civil penalties, or to maintain an action to impose civil penalties, to a private entity. 27 (e)If a jurisdiction designates another entity as allowed in Subdivision (b) of this section, 28 the jurisdiction shall include copies of all agreements and contracts in the 29 Implementation Record required by Section 18995.2. 30
(f) Nothing in this section authorizes a jurisdiction to require a public or private entity to 31 fulfill its obligations under this chapter without designating the entity through a 32 mechanism authorized in Subdivision (b) of this Section. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 35 Code Section 39730.6. 36

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Article 1. Definitions 1
Section 18982. Definitions. 2
(a) Except as otherwise provided, the following definitions shall govern the provisions of 3 this chapter: 4
(1) “Activities that constitute landfill disposal” are activities described in Subdivision 5 (a) of Section 18983.1. 6
(2) "Alternative daily cover (ADC)" has the same meaning as in Section 20690 of Title 7 27 of the California Code of Regulations (CCR). 8
(3) "Alternative intermediate cover (AIC)" has the same meaning as in Section 20700 9 of Title 27 of the California Code of Regulations. 10
(3.5) “Biomass conversion” has the same meaning as in Public Resources Code, 11 Section 40106. 12
(4) “Biosolids” has the same meaning as Section 17852(a)(9) of this division. 13 (5) “Blue container” means a container where either: 14 (A) The lid of the container is blue in color. 15
(B) The body of the container is blue in color and the lid is either blue, gray, or 16 black in color. Hardware such as hinges and wheels on a blue container may be 17 any color. 18
(5.5) “Brown container” means a container where either: 19 (A) The lid of the container is brown in color. 20
(B) The body of the container is brown in color and the lid is either brown, gray, or 21 black in color. Hardware such as hinges and wheels on a brown container may be 22 any color. 23
(6) “Commercial business” means a firm, partnership, proprietorship, joint-stock 24 company, corporation, or association, whether for-profit or nonprofit, strip mall, 25 industrial facility, or a multifamily residential dwelling. 26 (A) A multifamily residential dwelling that consists of fewer than five units is not a 27 commercial business for the purposes of this chapter. 28 (7) “Commercial edible food generator” includes a Tier One or a Tier Two 29 commercial edible food generator as defined in Subdivisions (a)(73) and (a)(74) of 30 this section. For the purposes of this chapter, food recovery organizations and food 31 recovery services are not commercial edible food generators. 32 (8) “Community composting” means any activity that composts green material, 33 agricultural material, food material, and vegetative food material, alone or in 34 combination, and the total amount of feedstock and compost on-site at any one time 35 does not exceed 100 cubic yards and 750 square feet, as specified in Section 36 17855(a)(4). 37
(9) “Compliance review” means a review of records by a jurisdiction or the 38 Department to determine compliance with subscribing to an organic waste collection 39 service as required by this chapter. 40
(10) “Compost” has the same meaning as in Section 17896.2(a)(4). 41 (11) "Compostable material" has the same meaning as in Section 17852(a)(11). 42 (12) "Compostable material handling operation" or “facility" has the same meaning as 43 in Section 17852(a)(12). 44

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(13) “Consumer” has the same meaning as in Section 113757 of the Health and 1 Safety Code. 2
(14) “Container contamination” or “contaminated container” means a container, 3 regardless of color, that contains prohibited container contaminants as defined in 4 Subdivision (a)(55). 5
(14.5) “Designated source separated organic waste facility” means a solid waste 6 facility that accepts a source separated organic waste collection stream as defined in 7 Section 17402(a)(26.6) and complies with one of the following: 8 (A) The facility is a “transfer/processor,” as defined in Section 18815.2(a)(62), that 9 is in compliance with the reporting requirements of Section 18815.5(d), and meets 10 or exceeds an annual average source separated organic content recovery rate of 11 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on 12 and after January 1, 2025 as calculated pursuant to Section 18815.5(f) for organic 13 waste received from the source separated organic waste collection stream. 14

1. If a transfer/processor has an annual average source separated organic 15 content recovery rate lower than the rate required in paragraph (A) of this 16 section for two (2) consecutive reporting periods, or three (3) reporting periods 17 within three (3) years, the facility shall not qualify as a “Designated source 18 separated organic waste facility.” 19
(B) The facility is a “composting operation” or “composting facility” as defined in 20 Section 18815.2(a)(13) that pursuant to the reports submitted under Section 21 18815.7 demonstrates that the percent of the material removed for landfill disposal 22 that is organic waste is less than the percent specified in Section 17409.5.8(c)(2) 23 or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the 24 digestate handling requirements specified in Section 17896.57. 25

1. If the percent of the material removed for landfill disposal that is organic 26 waste is more than the percent specified in Section 17409.5.8(c)(2) or 27 17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting 28 periods within three (3) years, the facility shall not qualify as a “Designated 29 source separated organic waste facility.” 30
(15) “Designee” means an entity that a jurisdiction contracts with or otherwise 31 arranges to carry out any responsibilities of this chapter, as authorized in Section 32 18981. 2 of this chapter. A designee may be a government entity, a hauler, a private 33 entity, or a combination of those entities. 34
(16) “Diesel gallon equivalent” means the amount of renewable gas transportation 35 fuel that has the equivalent energy content of one gallon of conventional diesel. 36 (16.5) “Digestate” means the solid and/or liquid material remaining after organic 37 material has been processed in an in-vessel digester. 38 (17) “Direct service provider” means a person, company, agency, district, or other 39 entity that provides a service or services to a jurisdiction pursuant to a contract or 40 other written agreement. 41
(18) “Edible food” means food intended for human consumption. 42 (A) For the purposes of this chapter, “edible food” is not solid waste if it is 43 recovered and not discarded. 44
(B) Nothing in this chapter requires or authorizes the recovery of edible food that 45 does not meet the food safety requirements of the California Retail Food Code. 46

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(19) “Enforcement action" means an action of a jurisdiction or the Department to 1 ensure compliance with this chapter, including, but not limited to, issuing notices of 2 violation, accusations, or other remedies. 3
(20) “Facility that recovers source separated organic waste” means a facility that 4 handles source separated organic waste separately from any other wastes as 5 required in Section 17409.5.6. 6
(21) “Food” has the same meaning as in Section 113781 of the Health and Safety 7 Code. 8
(22) “Food distributor” means a company that distributes food to entities including, 9 but not limited to, supermarkets and grocery stores. 10 (23) “Food facility” has the same meaning as in Section 113789 of the Health and 11 Safety Code. 12
(24) “Food recovery” means actions to collect and distribute food for human 13 consumption which otherwise would be disposed. 14
(25) “Food recovery organization” means an entity that engages in the collection or 15 receipt of edible food from commercial edible food generators and distributes that 16 edible food to the public for food recovery either directly or through other entities 17 including, but not limited to: 18
(A) A food bank as defined in Section 113783 of the Health and Safety Code; 19 (B) A nonprofit charitable organization as defined in Section 113841 of the Health 20 and Safety code; and, 21
(C) A nonprofit charitable temporary food facility as defined in Section 113842 of 22 the Health and Safety Code. 23
(26) “Food recovery service” means a person or entity that collects and transports 24 edible food from a commercial edible food generator to a food recovery organization 25 or other entities for food recovery. 26
(27) “Food service provider” means an entity primarily engaged in providing food 27 services to institutional, governmental, commercial, or industrial locations of others 28 based on contractual arrangements with these types of organizations. 29 (27.5) “Fluorinated greenhouse gas” or “fluorinated GHG” means sulfur hexafluoride 30 (SF6), nitrogen trifluoride (NF3), and any fluorocarbon except for controlled 31 substances as defined at 40 CFR Part 82, Subpart A, (May 1995), which is hereby 32 incorporated by reference, and substances with vapor pressures of less than 1 mm of 33 Hg absolute at 25 °C. With these exceptions, “fluorinated GHG” includes any 34 hydrofluorocarbon, any perfluorocarbon, any fully fluorinated linear, branched or 35 cyclic alkane, ether, tertiary amine or aminoether, any perfluoropolyether, and any 36 hydrofluoropolyether. 37
(27.6) “Global warming potential” or “GWP" means the ratio of the time-integrated 38 radiative forcing from the instantaneous release of one kilogram of a trace substance 39 relative to that of one kilogram of a reference gas (i.e., CO₂). The GWP values are as 40 specified in the Table A-1 to Subpart A of Title 40 Code of Federal Regulations Part 41 98 as published in the CFR on 12/11/2014, which is hereby incorporated by 42 reference. 43
(28) “Gray container” means a container where either: 44 (A) The lid of the container is gray or black in color. 45

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(B) The body of the container is entirely gray or black in color and the lid is gray or 1 black in color. Hardware such as hinges and wheels on a gray container may be 2 any color. 3
(28.5) “Gray container collection stream” has the same meaning as defined in 4 Section 17402. 5
(29) “Green container” means a container where either: 6 (A) The lid of the container is green in color. 7
(B) The body of the container is green in color and the lid is green, gray, or black 8 in color. Hardware such as hinges and wheels on a green container may be any 9 color. 10
(29.5) “Greenhouse gas” means carbon dioxide (CO2), methane (CH4), nitrous oxide 11 (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), 12 and other fluorinated greenhouse gases as defined in this section. 13 (29.6) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means a 14 calculated decrease in greenhouse gas emissions relative to a project baseline over 15 a specified period of time. 16
(30) “Grocery store” means a store primarily engaged in the retail sale of canned 17 food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any 18 area that is not separately owned within the store where the food is prepared and 19 served, including a bakery, deli, and meat and seafood departments. 20 (30.5) “Hazardous wood waste” means wood that falls within the definition of 21 “Treated wood” or “Treated wood waste” in Section 67386.4 of Title 22 of the 22 California Code of Regulations. 23
(31) “Hauler” has the same meaning as in Section 18815.2(a)(32). 24 (31.5) “Hauler route” means the designated itinerary or sequence of stops for each 25 segment of the jurisdiction’s collection service area. 26 (32) “Health facility” has the same meaning as in Section 1250 of the Health and 27 Safety Code. 28
(33) “High diversion organic waste processing facility” means a facility that is in 29 compliance with the reporting requirements of Section 18815.5(d) and meets or 30 exceeds an annual average mixed waste organic content recovery rate of 50 percent 31 between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 32 2025 as calculated pursuant to Section 18815.5(e) for organic waste received from 33 the “Mixed Waste Organic Collection Stream” as defined in Section 17402 (a)(11.5). 34 (34) “Hotel” has the same meaning as in Section 17210 of the Business and 35 Professions code. 36
(35) “Inspection” means a site visit where a jurisdiction or the Department reviews 37 records, containers, and an entity’s collection, handling, recycling, or landfill disposal 38 of organic waste or edible food handling to determine if the entity is complying with 39 requirements set forth in this chapter. 40
(36) “Jurisdiction” means a city, county, a city and county, or a special district that 41 provides solid waste collection services. A city, county, a city and county, or a special 42 district may utilize a Joint Powers Authority to comply with the requirements of this 43 chapter, except that the individual city, county, city and county, or special district shall 44 remain ultimately responsible for compliance. 45

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(37) “Jurisdiction of residence” means the jurisdiction where a generator who is a 1 self-hauler generated organic waste. 2
(38) “Large event” means an event, including, but not limited to, a sporting event or a 3 flea market, that charges an admission price, or is operated by a local agency, and 4 serves an average of more than 2,000 individuals per day of operation of the event, 5 at a location that includes, but is not limited to, a public, nonprofit, or privately owned 6 park, parking lot, golf course, street system, or other open space when being used for 7 an event. 8
(39) “Large venue” means a permanent venue facility that annually seats or serves 9 an average of more than 2,000 individuals within the grounds of the facility per day of 10 operation of the venue facility. For the purposes of this chapter, a venue facility 11 includes, but is not limited to, a public, nonprofit, or privately owned or operated 12 stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, 13 aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, 14 theater, or other public attraction facility. For the purposes of this chapter, a site 15 under common ownership or control that includes more than one large venue that is 16 contiguous with other large venues in the site, is a single large venue. 17 (39.5) “Lifecycle greenhouse gas emissions” or “Lifecycle GHG emissions” means 18 the aggregate quantity of greenhouse gas emissions (including direct and indirect 19 emissions), related to the full lifecycle of the technology or process that an applicant 20 wishes to have assessed as a possible means to reduce landfill disposal of 21 organic waste. The lifecycle analysis of emissions includes all stages of organic 22 waste processing and distribution, including collection from a recovery location, 23 waste processing, delivery, use of any finished material by the ultimate consumer, 24 ultimate use of any processing materials. The mass values for all greenhouse gases 25 shall be adjusted to account for their relative global warming potential. 26 (40) “Local education agency” means a school district, charter school, or county 27 office of education that is not subject to the control of city or county regulations 28 related to solid waste. 29
(41) “Non-compostable paper” includes, but is not limited, to paper that is coated in a 30 plastic material that will not breakdown in the composting process. 31 (42) “Non-local entity” means an entity that is an organic waste generator but is not 32 subject to the control of a jurisdiction’s regulations related to solid waste. These 33 entities may include, but are not limited to, special districts, federal facilities, prisons, 34 facilities operated by the state parks system, public universities, including community 35 colleges, county fairgrounds, and state agencies. 36
(43) “Non-organic recyclables” means non-putrescible and non-hazardous recyclable 37 wastes, including, but not limited to, bottles, cans, metals, plastics, and glass. 38 (44) “Notice and Order to Correct (NOTC)" means a notice that a violation has 39 occurred and that failure to correct the violation may result in a penalty. 40 (45) “Notice of Violation (NOV)” means a notice that a violation has occurred that 41 includes a compliance date to avoid an action to seek penalties. 42 (46) “Organic waste” means solid wastes containing material originated from living 43 organisms and their metabolic waste products including, but not limited to, food, 44 green material, landscape and pruning waste, organic textiles and carpets, lumber, 45

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wood, paper products, printing and writing paper, manure, biosolids, digestate, and 1 sludges. 2
(47) “Organic waste disposal reduction target” is the statewide target to reduce the 3 disposal of organic waste by 50 percent by 2020 and 75 percent by 2025, based on 4 the 2014 organic waste disposal baseline, set forth in Section 39730.6 of the Health 5 and Safety Code. 6
(48) “Organic waste generator” means a person or entity that is responsible for the 7 initial creation of organic waste. 8
(49) “Organic waste recovery activities” or “recovery” means any activity or process 9 described in Section 18983.1(b). 10
(50) "Organic Waste Recovery Noncompliance Inventory" means a list of entities that 11 have uncorrected violations of the standards contained in this chapter. 12 (51) “Paper products” include, but are not limited to, paper janitorial supplies, cartons, 13 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 14 toweling. 15
(52) Paper purchase” means all purchases by a jurisdiction of items in the following 16 categories: 17
(A) Paper products. 18
(B) Printing and writing papers. 19
(52.5) “Performance-based source separated collection service” means a solid waste 20 collection service that meets the requirements of Section 18998.1(a). 21 ((52.6) “Permanent” means, in the context of the determination of processes or 22 technologies that constitute a reduction in landfill disposal, that greenhouse gas 23 emissions reductions are not reversible, or when these emissions reductions may be 24 reversible, that mechanisms are in place to replace any reversed greenhouse gas 25 emissions reductions to ensure that all reductions endure for at least 100 years. 26 (53) “Person” has the same meaning as in Section 40170 of the Public Resources 27 Code. 28
(54) “Printing and writing papers” include, but are not limited to, copy, xerographic, 29 watermark, cotton fiber, offset, forms, computer printout paper, white wove 30 envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and 31 other uncoated writing papers, posters, index cards, calendars, brochures, reports, 32 magazines, and publications. 33
(55) “Prohibited container contaminants” means any of the following, but does not 34 include organic waste specifically allowed for collection in a container that is required 35 to be transported to a high diversion organic waste processing facility if the waste is 36 specifically identified as acceptable for collection in that container in a manner that 37 complies with the requirements of Section 18984.1, 18984.2, or 18984.3. 38 (A) Non-organic waste placed in a green container that is part of an organic waste 39 collection service provided pursuant to Section 18984.1 or 18984.2. 40 (B) Organic wastes that are, carpet, hazardous wood waste, or non-compostable 41 paper placed in the green container that is part of an organic waste collection 42 service provided pursuant to Section 18984.1 or 18984.2. 43 (C) Organic wastes, placed in a gray container, that pursuant to Section 18984.1 44 or 18984.2 were intended to be collected separately in the green container or blue 45 container. 46

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(D) Organic wastes placed in the blue container shall be considered prohibited 1 container contaminants when those wastes were specifically identified in this 2 chapter or through a local ordinance for collection in the green container for 3 recovery. Paper products, printing and writing paper, wood and dry lumber may be 4 considered acceptable and not considered prohibited container contaminants if 5 they are placed in the blue container. 6
(56) “Processing” has the same meaning as in Section 17402(a)(20). 7 (56.5) “Project baseline” means, in the context of “greenhouse gas emission 8 reduction” or “greenhouse gas reduction,” and in the context of an application 9 submitted pursuant to Section 18983.2, a conservative estimate of the business-as-10 usual greenhouse gas emissions that would have occurred if the organic waste 11 proposed for recovery was disposed in an activity that constitutes landfill disposal. 12 This estimate may include greenhouse gas emissions associated with the production 13 and use of products replaced by a Section 18983.2 technology or process. 14 (57) “Property owner” means the owner of real property. 15 (58) “Publicly owned treatment works” or “POTW” has the same meaning as in 16 Section 403.3(r) of Title 40 of the Code of Federal Regulations. 17 (59) “Recovered organic waste product procurement target” means the amount of 18 organic waste in the form of a recovered organic waste product which a jurisdiction is 19 required to procure annually. 20
(60) “Recovered organic waste products” means products made from California, 21 landfill-diverted recovered organic waste processed at a permitted or otherwise 22 authorized operation or facility. 23
(60.5) “Recovery location” includes the closest aggregating hub used to recover the 24 organic waste after collection. This could include but is not limited to a transfer 25 facility, recycling facility, or recovery facility. 26
(61) “Recycled content paper” means paper products and printing and writing paper 27 that consists of at least 30 percent, by fiber weight, postconsumer fiber. 28 (62) “Renewable gas” means gas derived from organic waste that has been diverted 29 from a landfill and processed at an in-vessel digestion facility that is permitted or 30 otherwise authorized by Title 14 to recover organic waste. 31 (63) “Residual organic waste” means waste that remains after organic waste has 32 been processed which is then sent to landfill disposal. 33 (64) “Restaurant” means an establishment primarily engaged in the retail sale of food 34 and drinks for on-premises or immediate consumption. 35 (65) “Route review” means a visual inspection of containers along a hauler route for 36 the purpose of determining container contamination and may include mechanical 37 inspection methods such as the use of cameras. 38
(66) “Self-hauler” means a person who hauls solid waste, organic waste or recovered 39 material he or she has generated to another person. Self-hauler also includes a 40 person who back-hauls waste. 41
(A) “Back-haul” means generating and transporting organic waste to a destination 42 owned and operated by the generator using the generator’s own employees and 43 equipment. 44
(67) “Sewage sludge” means the solid, semisolid, or liquid residue generated during 45 the treatment of domestic sewage in a municipal wastewater treatment facility. 46

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Sewage sludge includes solids removed or used during primary, secondary, or 1 advanced wastewater treatment processes. Sewage sludge does not include grit or 2 screening material generated during preliminary treatment of domestic sewage at a 3 POTW. 4
(68) “Share table” has the same meaning as in Section 114079 of the Health and 5 Safety Code. 6
(68.5) “Source sector” has the same meaning as in Section 18815.2(a)(58). 7 (69) “Source separated organic waste” means organic waste that is placed in a 8 container that is specifically intended for the separate collection of organic waste by 9 the generator. 10
(70) “Source separated organic waste collection stream” has the same meaning as 11 defined in Section 17402(a)(26.6). 12
(70.5) “Special district” has the same meaning as Section 41821.2 of the Public 13 Resources Code. 14
(71) “Supermarket” means a full-line, self-service retail store with gross annual sales 15 of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 16 canned goods, or nonfood items and some perishable items. 17 (72) “The 2014 organic waste disposal baseline” means the total tons of organic 18 waste disposed statewide in 2014 as calculated by the Department. 19 (73) “Tier one commercial edible food generator” means a commercial edible food 20 generator that is one of the following: 21
(A) Supermarket. 22
(B) Grocery store with a total facility size equal to or greater than 10,000 square 23 feet. 24
(C) Food service provider. 25
(D) Food distributor. 26
(E) Wholesale food vendor. 27
(74) “Tier two commercial edible food generator” means a commercial edible food 28 generator that is one of the following: 29
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater 30 than 5,000 square feet. 31
(B) Hotel with an on-site food facility and 200 or more rooms. 32 (C) Health facility with an on-site food facility and 100 or more beds. 33 (D) Large venue. 34
(E) Large event. 35
(F) A state agency with a cafeteria with 250 or more seats or a total cafeteria 36 facility size equal to or greater than 5,000 square feet. 37 (G) A local education agency with an on-site food facility. 38 (75) “Uncontainerized green waste and yard waste collection service” or 39 “uncontainerized service” means a collection service that collects green waste and 40 yard waste that is placed in a pile or bagged for collection on the street in front of a 41 generator’s house or place of business for collection and transport to a facility that 42 recovers source separated organic waste. 43
(76) “Wholesale food vendor” means a business or establishment engaged in the 44 merchant wholesale distribution of food, where food (including fruits and vegetables) 45

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is received, shipped, stored, prepared for distribution to a retailer, warehouse, 1 distributor, or other destination. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 4 Code Sections 39730.6and 39730.8. 5
Article 2. Landfill Disposal and Reductions in Landfill Disposal 6 Section 18983.1 Landfill Disposal and Recovery. 7
(a) The following dispositions of organic waste shall be deemed to constitute landfill 8 disposal: 9
(1) Final deposition at a landfill. 10
(2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill. 11 (A) The use of non-organic material as landfill cover shall not constitute landfill 12 disposal of organic waste. 13
(3) Any other disposition not listed in Subdivision (b) of this section. 14 (b) Organic waste sent to one of the following facilities, operations, or used for one of 15 the following activities, and not subsequently sent for landfill disposal, shall be deemed 16 to constitute a reduction of landfill disposal. 17
(1) An operation that qualifies as a “Recycling Center” as set forth in Section 18 17402.5(d) or is listed in Section 17402.5(c) of this division. 19 (2) A “Compostable Material Handling Operation or Facility” as defined in Section 20 17852(a)(12) of this division, small composting activities that would otherwise be 21 excluded from that definition pursuant to Section 17855(a)(4) of this division, or 22 community composting as defined in Section 18982(a)(8). 23 (3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this 24 division, or activities that would otherwise not be subject to the in-vessel digestion 25 requirements pursuant to Section 17896.6 of this division. 26 (4) A Biomass Conversion operation or facility as defined in Section 40106 of the 27 Public Resources Code. 28
(5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or 29 landscaping at a landfill, when the material is used in a manner that complies with the 30 following criteria: 31
(A) The material has been processed at a solid waste facility, as defined in Section 32 40194 of the Public Resources Code; and 33
(B) The use shall be: 34

1. Restricted to those organic wastes appropriate for the specific use and in 35 accordance with engineering, industry guidelines or other standard practices 36 specified in the Report of Disposal Site Information, as required by 27 CCR, 37 Section 21600(b)(6). 38

2. Restricted to quantities of solid wastes no more than necessary to meet the 39 minimum requirements of Subdivision (b)(5)(B)1. 40

3. Stored and handled in a manner to protect public health and safety and the 41 environment, and control vectors, fires, odors, and nuisances. 42 (C) The material applied is never more than 12 inches in depth. 43

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(6) Land application, of compostable material consistent with Section 17852(a)(24.5) 1 of this division, is subject to the following conditions on particular types of 2 compostable material used for land application: 3
(A) Green waste or green material used for land application shall meet the 4 definition of Section 17852(a)(21) and shall have been processed at a solid waste 5 facility, as defined by Section 40194 of the Public Resources Code. 6 (B) Biosolids used for land application shall: 7

1. Have undergone anaerobic digestion or composting, as defined in Part 503, 8 Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and 9 (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; 10 and 11

2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for 12 beneficial reuse of biosolids. 13
(C) Digestate used for land application shall: 14

1. Have been anaerobically digested at an in-vessel digestion operation or 15 facility, as described in Sections 17896.8 through 17896.13; and 16

2. Meet the land application requirements described in Section 17852(a)(24.5) 17 A. 18

3. Have obtained applicable approvals from the State and/or Regional Water 19 Quality Control Board requirements. 20
(7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural 21 Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 22 2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California 23 Regulations. 24
(8) Other operations or facilities with processes that reduce short-lived climate 25 pollutants as determined in accordance with Section 18983.2. 26 (c) For the purposes of this section, the term “landfill” includes permitted landfills, 27 landfills that require a permit, export out of California for disposal, or any other disposal 28 of waste as defined by Section 40192(c) of the Public Resources Code. 29 (d) For the purposes of this section, edible food that would otherwise be disposed that is 30 recovered for human consumption shall constitute a reduction of landfill disposal. 31 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32 Reference: Public Resources Code Sections 40106, 40116, 40116.1, 40192 and 33 42652.5; and Health and Safety Code Sections 39730.6 and 39730.8. 34 Section 18983.2 Determination of Technologies That Constitute a Reduction in 35 Landfill Disposal. 36
(a) For operations, facilities or activities not expressly identified in Section 18983.1, as 37 reducing landfill disposal, the following process shall be used to determine if processes 38 or technologies shall be deemed to constitute a reduction of landfill disposal: 39 (1) The applicant shall submit the following information to the Department: 40 (A) Name and contact information for the person responsible for the information in 41 the report. 42
(B) Detailed explanation of each of the processes or technologies proposed by the 43 applicant for use to reduce landfill disposal. 44

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(C) For each process or technology noted in Section 18983.2(a)(1)(B), the mass in 1 short tons of organic waste, differentiated by type (i.e., food, leaves and grass, 2 woody material (not including lumber or agricultural crop residues), lumber, 3 agricultural crop residues, manure, sewage sludge (not including digestate), 4 digestate, organic textiles and carpet, paper products, and remainder/composite 5 organic), that will be processed each year. 6
(D) For any material produced from the proposed process or technology, a 7 description of each end use or landfill disposal location to which the material will 8 be sent. For each end use or landfill disposal location, the applicant must submit 9 the expected mass in short tons and characteristics of the material. 10 (E) For each of the processes or technologies described pursuant to Section 11 18983.2(a)(1)(B), each calculation, assumption, and emission factor used by the 12 applicant to calculate the greenhouse gas emissions as well as the expected 13 permanent greenhouse gas emissions reduction of the proposed operation, 14 including the estimated greenhouse gas emissions and permanent greenhouse 15 gas emissions reductions of any end uses or landfill disposal of material described 16 in Section 18983.2(a)(1)(D). All calculations must be clearly laid out such that the 17 Department is able to follow and understand the calculation of greenhouse gas 18 emissions reduction potential. 19
(F) For each greenhouse gas emission factor or greenhouse gas emission 20 reduction factor used pursuant to Section 18983.2(a)(1)(E), documentation 21 demonstrating that the emission factor or emission reduction factor has been peer 22 reviewed or subjected to other scientifically rigorous review methods. 23 (G) A detailed explanation of how the proposed technology or process will result in 24 a permanent reduction in greenhouse gas emissions. 25
(H) A written attestation that the information supplied is true, accurate, and 26 complete. 27
(I) The director of the Department may request additional information from the 28 applicant if required to validate the information submitted pursuant to this section. 29 (2) The Department shall consult with the Executive Office of the California Air 30 Resources Board (CARB) to evaluate if the information submitted by the applicant is 31 sufficient to estimate the greenhouse gas emissions and permanent lifecycle GHG 32 emissions reduction of the proposed recovery process or operation. Within 30 days of 33 receiving the application, the Department shall inform the applicant if they have not 34 submitted sufficient information to estimate the greenhouse gas emissions and 35 permanent lifecycle greenhouse gas emissions reductions associated with the 36 proposed recovery process or operation. For further consideration of any application 37 submitted without sufficient information, the applicant is required to submit the 38 requested information. The Department shall provide a response to the applicant 39 within 180 days of receiving all necessary information as to whether or not the 40 proposed recovery process or operation results in a permanent reduction in 41 greenhouse gas emissions, and therefore counts as a reduction in landfill disposal. 42 (3) To determine if the proposed operation counts as a permanent reduction in landfill 43 disposal, the Department, in consultation with CARB’s Executive Office, shall 44 compare the permanent lifecycle GHG emissions reduction of metric tons of carbon 45 dioxide equivalent (MTCO2e) per short ton organic waste reduced by the process or 46

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technology, with the emissions reduction from composting organic waste (0.30 1 MTCO2e/short ton organic waste). The Department shall only deem a proposed 2 operation to constitute a reduction in landfill disposal if the process or technology 3 results in a permanent reduction in lifecycle greenhouse gas emissions equal to or 4 greater than the 0.30 MTCO2e/short ton of organic waste. 5 (b) If the Department determines that a proposed process or technology results in a 6 reduction in landfill disposal, the Department shall post to its website the results of the 7 determination and include a description of the operation. 8 (c) Upon request of the applicant, as part of determination of activities that constitute a 9 reduction in landfill disposal, the Department may consider additional information 10 provided by the applicant that demonstrates that the proposed activity is identical or 11 equivalent to a proposed activity the Department has determined pursuant to Section 12 18983.2(a) results in a reduction in landfill disposal. 13 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 14 Reference: Public Resources Code Sections 40192 and 42652.5; and Health and 15 Safety Code Section 39730.6. 16
Article 3. Organic Waste Collection Services 17
Section 18984. Combined Organic Waste Collection Services. 18 A jurisdiction may provide any combination of organic waste collection services 19 specified in Sections 18984.1, 18984.2, and 18984.3 to generators subject to its 20 authority. 21
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24
Section 18984.1. Three-container Organic Waste Collection Services. 25 (a) A jurisdiction may comply with the requirements of this article by implementing a 26 three-container organic waste collection service and providing a green container, a blue 27 container, and a gray container to each generator in the following manner: 28 (1) The green container shall be provided for the collection of organic waste. The 29 green container shall be intended for the collection of organic waste only and not 30 non-organic waste. The contents of the green container shall be transported to a 31 facility that recovers source separated organic waste. 32 (A) Compostable plastics may be placed in the green container if the material 33 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 34 published May, 2019, which is hereby incorporated by reference, and the contents 35 of the green containers are transported to compostable material handling 36 operations or facilities or in-vessel digestion operations or facilities that have 37 provided written notification annually to the jurisdiction stating that the facility can 38 process and recover that material. 39
(2) The blue container shall be provided for the collection of non-organic recyclables 40 only but may include the following types of organic wastes: paper products, printing 41

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and writing paper, wood and dry lumber and textiles. The contents of the blue 1 container shall be transported to a facility that recovers the materials designated for 2 collection in the blue container. 3
(3) The gray container shall be for the collection of non-organic waste only. 4 (4) A jurisdiction may comply with this section by providing a container or containers 5 that are split or divided into segregated sections, instead of an entire container, as 6 long as the lids of the separate sections of a split container comply with the container 7 color requirements and material limitations specified in this section. 8 (5) Materials specified in this paragraph shall be subject to the following restrictions: 9 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 10 collected in the green container. 11
(B) Hazardous wood waste shall not be collected in the blue container or gray 12 container. 13
(6) A jurisdiction may require additional segregation of source separated organic 14 waste by providing additional containers or additional sections of split containers in 15 addition to the green container and blue container. The following types of additional 16 containers can be provided pursuant to this paragraph. 17 (A) A brown container, or a brown section of a split container that is limited to the 18 collection of separated food waste. 19
(B) If a jurisdiction segregates the contents of a blue container into an additional 20 container or additional section of a split container in order to separate organic 21 wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction 22 may use a darker shade of blue for the container or section of the container 23 designated for the collection of organic waste, and a lighter shade of blue, or any 24 color not already designated for other materials specified in this section, for the 25 collection of non-organic recyclables. 26
(C) Additional containers, or sections of split containers provided for collection of 27 additionally separated organic waste not specified in this section, may be provided 28 in any color provided that the colors do not conflict with the container color 29 requirements of this section. 30
(b) A jurisdiction that provides a three-container organic waste collection service that 31 complies with Subdivision (a) may transport the contents of the gray container to a 32 facility that processes and recovers organic waste. A jurisdiction that complies with 33 Subdivision (a) is not required to transport the contents of the gray container to a facility 34 that meets or exceeds the organic waste content recovery standard specified in Section 35 18984.3. A jurisdiction will not be considered out of compliance with Subdivision (a) if it 36 allows carpet and textiles to be placed in the gray container. 37 (c) Notwithstanding Subdivision (a), a jurisdiction providing a three-container organic 38 waste collection service may allow organic waste, such as food waste, to be collected in 39 the gray container provided that the collection program complies with the following: 40 (1) The contents of the gray container shall be transported to a facility that meets or 41 exceeds the organic waste content recovery requirements specified in Section 42 18984.3. 43
(2) The gray container is labeled in a manner consistent with Section 18984.8 that 44 identifies the types of organic waste content accepted in the gray container. 45

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(3) The jurisdiction otherwise provides green and blue containers in a manner that 1 complies with the requirements and limitations specified in Subdivision (a) of this 2 section. 3
(d) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 4 the green container provided that allowing the use of bags does not inhibit the ability of 5 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 6 that recover source separated organic waste for the jurisdiction annually provide written 7 notice to the jurisdiction indicating that the facility can process and remove plastic bags 8 when it recovers source separated organic waste. 9
(e) Nothing in this section is intended to prohibit a jurisdiction from providing an 10 uncontainerized green waste and yard waste collection service to its generators, 11 provided that the three container service complies with the following: 12 (1) If an uncontainerized green waste and yard waste collection service is provided 13 intermittently or on a seasonal basis, a green container is still provided for collection 14 of organic waste as required in Subdivision (a)(1) whenever the uncontainerized 15 service is not provided. 16
(2) If an uncontainerized green waste and yard waste collection service is provided 17 year-round, generators receiving that service must be provided a collection service 18 for the collection of other organic waste in a manner that complies with this section. 19 (f) Notwithstanding Subdivision (a), the contents of containers may be initially 20 transported to a consolidation site as defined in Section 17402 that complies with the 21 requirements of Section 17409.5.10. 22
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5and Health and Safety Code 24 Section 39730.6. 25
Section 18984.2. Two-container Organic Waste Collection Services. 26 (a) A jurisdiction may comply with the requirements of this article by implementing a 27 two-container organic waste collection service as provided below: 28 (1) A two container system where a green container and a gray container are 29 provided and: 30
(A) The green container is limited to the collection of organic waste only. The 31 contents of the green container shall be transported to a facility that specifically 32 recovers source separated organic waste. 33
(B) The gray container allows for intentional comingling of all collected wastes, 34 including organic waste that is not designated for collection in the green container, 35 provided that the contents of the gray container are transported to a facility that 36 meets or exceeds the organic waste content recovery requirements specified in 37 Section 18984.3. 38
(C) Compostable plastics may be placed in the green container if the material 39 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 40 published May, 2019, which is hereby incorporated by reference, and contents of 41 the green containers are transported to compostable material handling operations 42 or facilities or in-vessel digestion operations or facilities that have provided written 43

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notification annually to the jurisdiction stating that the facility can process and 1 recover that material; or 2
(2) A two container system where a blue container and a gray container are provided 3 and: 4
(A) The blue container is limited to the collection of non-organic recyclables only, 5 but may include the following types of organic wastes: paper products, printing and 6 writing paper, wood and dry lumber, and textiles. The contents of the blue 7 container shall be transported to a facility that recovers the materials designated 8 for collection in the blue container. 9
(B) The gray container allows for intentional comingling of all collected wastes, 10 including organic waste that is not designated for collection in the blue container, 11 provided that the contents of the gray container are transported to a facility that 12 meets or exceeds the organic waste content recovery requirements specified in 13 Section 18984.3. 14
(b) A jurisdiction shall, consistent with Section 18984.8 of this article, clearly identify the 15 types of wastes accepted in each container and which container shall be used for the 16 collection of any unidentified materials. 17
(c) Materials specified in this Subdivision shall be subject to the following restrictions: 18 (1) Carpets, non-compostable paper, and hazardous wood waste shall not be 19 collected in the green container. 20
(2) Hazardous wood waste shall not be collected in the blue or gray container. 21 (d) A jurisdiction may comply with this section by providing a container or containers 22 that are split or divided into segregated sections, instead of an entire container, as long 23 as the lids of the separate sections of a split container comply with the container color 24 requirements and material limitations specified in this section. 25 (1) If a jurisdiction segregates the contents of a blue container into an additional 26 container or additional section of a split container in order to separate organic wastes 27 specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use 28 a darker shade of blue for the container or section of the container designated for the 29 collection of organic waste, and a lighter shade of blue, or any color not already 30 designated for other materials specified in this section, for the collection of non-31 organic recyclables. 32
(e) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 33 the green container provided that allowing the use of bags does not inhibit the ability of 34 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 35 that recover source separated organic waste for the jurisdiction annually provide written 36 notice to the jurisdiction indicating that the facility can process and remove plastic bags 37 when it recovers source separated organic waste. 38
(f) Nothing in this section is intended to prohibit a jurisdiction from providing an 39 uncontainerized green waste and yard waste collection service to its generators, 40 provided that the two container service complies with the following: 41 (1) If an uncontainerized green waste and yard waste collection service is provided 42 intermittently or on a seasonal basis, a container is still provided for collection of 43 organic waste as required in Subdivision (a) whenever the uncontainerized service is 44 not provided. 45

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(2) If an uncontainerized green waste and yard waste collection service is provided 1 year-round, generators receiving that service must be provided a collection service 2 for the collection of other organic waste in a manner that complies with this section. 3 (g) Notwithstanding Subdivision (a), the contents of containers may be initially 4 transported to a consolidation site as defined in Section17402 that complies with the 5 requirements of Section 17409.5.10. 6
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5; and Health and Safety Code 8 Section 39730.6. 9
Section 18984.3. Unsegregated Single-Container Collection Services. 10 (a) A jurisdiction may comply with the requirements of this article by providing a single 11 gray container to each generator that allows for intentional comingling of all collected 12 wastes, including organic waste, provided that the contents of the gray container are 13 transported to a high diversion organic waste processing facility. 14 (b) If the facility that the container is transported to has an annual average mixed waste 15 organic content recovery rate that is lower than required in Section 18982(a)(33) for two 16 (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within 17 three (3) years, the facility shall not qualify as a high diversion organic waste processing 18 facility. 19
(c) If the jurisdiction is in violation of this section due to a facility to which it sends 20 organic waste being unable to meet the required annual average mixed waste organic 21 content recovery rate, the jurisdiction shall be subject to the enforcement process in 22 Section 18996.2, which may include a corrective action plan as specified in that section 23 allowing it time to meet the requirements of this article prior to the Department seeking 24 administrative penalties. 25
(d) Notwithstanding Subdivision (a), the contents of containers may be initially 26 transported to a consolidation site as defined in Section 17402 that complies with the 27 requirements of Section 17409.5.10. 28
(e) A jurisdiction may allow organic waste specified for collection in the gray container to 29 be placed in bags for collection. 30
(f) Nothing in this section is intended to prohibit a jurisdiction from providing an 31 uncontainerized green waste and yard waste collection service to its generators, 32 provided that the service complies with the following: 33 (1) Generators receiving that service must be provided a collection service for the 34 collection of other organic waste in a manner that complies with this section. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38
Section 18984.4. Recordkeeping Requirements for Compliance with Organic 39 Waste Collection Services. 40
(a) A jurisdiction shall include the following information and documents in the 41 Implementation Record required by Section 18995.2: 42

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(1) A description of which collection method(s) it will use to comply with this article. 1 (2) The geographical area for each collection method. 2 (3) If the jurisdiction is using a service that requires the contents of containers 3 provided by the jurisdiction to be transported to a high diversion organic waste 4 processing facility, the jurisdiction shall at a minimum: 5 (A) List all high diversion organic waste processing facilities used by the 6 jurisdiction. 7
(B) List all approved haulers in the jurisdiction that are allowed to take organic 8 waste to the jurisdiction’s identified high diversion organic waste processing facility 9 or facilities. 10
(C) The geographical area the hauler(s) serves, the routes serviced, or a list of 11 addresses served. 12
(4) If the jurisdiction allows compostable plastics to be placed in the green container 13 pursuant to Section 18984.1 or 18984.2, a copy of written notification received from 14 each facility serving the jurisdiction indicating that the facility recovers that material. 15 (5) If the jurisdiction allows organic waste to be collected in plastic bags pursuant to 16 Section 18984.1 or 18984.2, a copy of written notification received from each facility 17 serving the jurisdiction indicating that the facility can process and remove plastic 18 bags when it recovers source separated organic waste. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section42652.5 and Health and Safety Code 21 Section 39730.6. 22
Section 18984.5. Container Contamination Minimization. 23 (a) A generator shall not place prohibited container contaminants in a collection 24 container. A jurisdiction shall monitor the containers provided to generators using a 25 three-container or two-container organic waste collection service pursuant to Section 26 18984.1 or 18984.2 to minimize prohibited container contaminants in a manner that 27 complies with either the provisions of Subdivision (b) or the provisions of Subdivision (c) 28 of this section. 29
(1) A jurisdiction that implements a performance-based source separated collection 30 service pursuant to Section 18998.1 shall monitor containers through waste 31 evaluations as specified in the provisions of Subdivision (c). 32 (b) A jurisdiction may meet its container contamination minimization requirements by 33 conducting a route review for prohibited container contaminants on containers in a 34 manner that results in all hauler routes being reviewed annually. Containers may be 35 randomly selected along a hauler route. This section should not be construed to require 36 that every container on a hauler route must be sampled annually. 37 (1) Upon finding prohibited container contaminants in a container, the jurisdiction, 38 shall notify the generator of the violation. 39
(A) The notice shall, at a minimum, include information regarding the generator’s 40 requirement to properly separate materials into the appropriate containers and may 41 include photographic evidence of the violation. 42

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(B) The notice may be left on the generator’s container, gate, or door at the time the 1 violation occurs, and/or be mailed, e-mailed, or electronically messaged to the 2 generator. 3
(2) If a jurisdiction observes prohibited container contaminants in a generator’s 4 collection container(s), it may dispose of the container’s contents. 5 (3) Notwithstanding Section 18995.1(a)(5), this chapter does not require a jurisdiction 6 to impose administrative civil penalties on generators in violation of the prohibited 7 container contaminants requirement in Subdivision (a), above. 8 (c) A jurisdiction may meet its container contamination minimization requirements by 9 conducting waste evaluations that meet the following standards: 10 (1) The jurisdiction shall conduct waste evaluations for prohibited container 11 contaminants in the following manner: 12
(A) A jurisdiction that implements a three-container or two-container organic waste 13 collection service pursuant to Sections 18984.1 or 18984.2 shall conduct waste 14 evaluations at least twice per year and the studies shall occur in two distinct 15 seasons of the year. 16
(B) A jurisdiction that implements a performance-based source separated 17 collection service pursuant to Section 18998.1 shall conduct waste evaluations at 18 least twice per year for the blue and green containers and once per quarter for the 19 gray container. 20
(C) The waste evaluations shall include samples of each container type served by 21 the jurisdiction. 22
(D) The waste evaluations shall include samples taken from different areas in the 23 jurisdiction that are representative of the jurisdiction’s waste stream. 24 (E) The waste evaluations shall include at least the following minimum number of 25 samples from all the hauler routes included in the studies: 26

1. For routes with less than 1,500 generators the study shall include a minimum 27 of 25 samples. 28

2. For routes with 1,500-3,999 generators the study shall include a minimum of 29 30 samples. 30

3. For routes with 4,000- 6,999 generators the study shall include a minimum of 31 35 samples. 32

4. For routes with 7,000 or more generators the study shall include a minimum 33 of 40 samples. 34
(F) All of the material collected for sampling must be transported to a sorting area 35 at a permitted solid waste facility where the presence of prohibited container 36 contaminants for each container type is measured to determine the ratio of 37 prohibited container contaminants present in each container type by weight. To 38 determine the ratio of prohibited container contaminants the jurisdiction shall use 39 the following protocol: 40

1. Take one sample of at least 200 pounds from the material collected from 41 each container stream for sampling (e.g. a 200 pound sample taken from the 42 contents of all of the green containers collected for sampling). 43

2. The 200 pound sample shall be randomly selected from different areas of the 44 pile of collected material for that container type. 45

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3. For each 200 pound sample, remove any prohibited container contaminants 1 and determine the weight of prohibited container contaminants. 2

4. Then determine the ratio of prohibited container contaminants in the sample 3 by dividing the total weight of prohibited container contaminants by the total 4 weight of the sample. 5
(2) If the sampled weight of prohibited container contaminants exceeds 25 percent of 6 the measured sample for any container type, the jurisdiction shall perform one of the 7 following: 8
(A) Notify all generators on the sampled hauler routes of their requirement to 9 properly separate materials into the appropriate containers. The jurisdiction may 10 provide this information by placing a notice on the generator’s container, gate, or 11 door, and/or by mail, e-mail, or electronic message to the generator. 12 (B) Perform a targeted route review of containers on the routes sampled for waste 13 evaluations to determine the sources of contamination and notify those generators 14 of their obligation to properly separate materials. The jurisdiction may provide this 15 information to these generators by placing a notice on the generator’s container 16 gate, or door, and/or by mail, e-mail, or electronic message to the applicable 17 generators. 18
(d) A jurisdiction that implements a performance-based source separated collection 19 service pursuant to Section 18998.1 shall notify the department within 30 days of finding 20 prohibited container contaminants in the gray container collection stream that exceed 25 21 percent of the measured sample by weight in each of two consecutive waste 22 evaluations performed on gray containers pursuant to the requirements of Subdivision 23 (c), above. 24
(1) A jurisdiction that implements a performance-based source separated collection 25 service pursuant to Section 18998.1 that exceeds an annual average of 25 percent 26 by weight of prohibited container contaminants in the gray container collection shall 27 be subject to the process described in Section 18998.1(c). 28 (e) A jurisdiction that implements a performance-based source separated collection 29 service pursuant to Section 18998.1 shall, upon request, allow a representative of the 30 department to oversee its next scheduled quarterly sampling of the gray container. 31 (f) For the purposes of demonstrating compliance with 18998.1, organic waste that is 32 textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to 33 a quarantine on movement issued by a county agricultural commissioner, is not required 34 to be measured as organic waste. 35
(g) Nothing in this section limits a jurisdiction from adopting contamination standards, 36 fees, sampling methodologies, or noticing protocols that are more stringent or rigorous 37 than the requirements of this section. 38
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6. 41

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Section 18984.6. Recordkeeping Requirements for Container Contamination 1 Minimization. 2
(a) A jurisdiction shall include the following information and documents related to its 3 compliance with Section 18984.5, in the Implementation Record required by Section 4 18995.2 of this chapter. 5
(1) A description of the jurisdiction’s process for determining the level of container 6 contamination. 7
(2) Documentation of route reviews conducted pursuant to Section 18984.5(b), as 8 described in Section 18995.1 of this chapter, if applicable. 9 (3) If applicable, documentation of waste evaluations performed pursuant to Section 10 18984.5(c), including information on targeted route reviews conducted as a result of 11 the studies. The documentation shall at a minimum include dates of the studies, the 12 location of the solid waste facility where the study was performed, routes, source 13 sector (e.g. commercial or residential), number of samples, weights and ratio of 14 prohibited container contaminants and total sample size. 15 (4) Copies of all notices issued to generators with prohibited container contaminants. 16 (5) Documentation of the number of containers where the contents were disposed 17 due to observation of prohibited container contaminants. 18 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6. 21
Section 18984.7. Container Color Requirements. 22
(a)A jurisdiction shall provide containers, for collection services, to generators that 23 comply with the container color requirements specified in this article. 24 (b) Notwithstanding Subdivision (a), a jurisdiction is not required to replace functional 25 containers, including containers purchased prior to January 1, 2022, that do not comply 26 with the color requirements of this article prior to the end of the useful life of those 27 containers, or prior to January 1, 2036, whichever comes first. 28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6. 31
Section 18984.8. Container Labeling Requirements. 32
(a) Commencing January 1, 2022, a jurisdiction shall place a label on each new 33 container or lid provided to generators consistent with the applicable container collection 34 requirements and limitations of this article specifying what materials are allowed to be 35 placed in each container. 36
(b) A jurisdiction may comply with this section by: 37
(1) Placing labels on containers that include language or graphic images or both that 38 indicate the primary materials accepted and the primary materials prohibited in that 39 container; or 40
(2) Providing containers with imprinted text or graphic images that indicate the 41 primary materials accepted and the primary materials prohibited in that container. 42

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(c) Labels shall clearly indicate primary items that are prohibited container contaminants 1 for each container. 2
(d) A jurisdiction may comply with this section by using model labeling provided by the 3 Department. 4
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 5 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 6 Section 39730.6. 7
Section 18984.9 Organic Waste Generator Requirements. 8 (a) Organic waste generators shall comply with applicable local requirements adopted 9 pursuant to this article for the collection and recovery of organic waste, by either: 10 (1) Subscribing to and complying with the requirements of the organic waste 11 collection service provided by their jurisdiction; or 12 (2) Self-hauling organic waste in a manner that complies with the requirements of 13 Article 7 of this chapter. 14
(b) Generators that are commercial businesses, except for multifamily residential 15 dwellings, shall also: 16
(1) Provide containers for the collection of organic waste and non-organic recyclables 17 in all areas where disposal containers are provided for customers, except for 18 restrooms. The containers provided by the business shall have either: 19 (A) A body or lid that conforms with the container colors provided through the 20 organic waste collection service provided by their jurisdiction; or 21 (B) Container labels that comply with the requirements of Section 18984.8. 22 (2) Prohibit their employees from placing organic waste in a container not designated 23 to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c). 24 (3) Periodically inspect organic waste containers for contamination and inform 25 employees if containers are contaminated and of the requirement to only use those 26 containers for organic waste. 27
(c) Nothing in this section prohibits a generator from preventing or reducing waste 28 generation, managing organic waste on site, or using a community composting site. 29 (d) A commercial business is not required to replace functional containers, including 30 containers purchased prior to January 1, 2022, that do not comply with the requirements 31 of this article prior to the end of the useful life of those containers, or prior to January 1, 32 2036, whichever comes first. 33
(e) If a business does not generate any of the materials that would be collected in one 34 type of container, then the business does not have to provide that particular container in 35 all areas where disposal containers are provided for customers. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6. 39
Section 18984.10. Commercial Business Owner Responsibilities. 40 (a) Commercial businesses shall provide or arrange for organic waste collection 41 services consistent with this article and local requirements, for employees, contractors, 42

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tenants, and customers, including supplying and allowing access to an adequate 1 number, size, and location of containers with sufficient labels or container color. 2 (b) Commercial businesses shall annually provide information to employees, 3 contractors, tenants, and customers about organic waste recovery requirements and 4 about proper sorting of organic waste. 5
(1) Commercial businesses shall provide information to new tenants before or within 6 14 days of occupation of the premises. 7
(c) Commercial businesses shall provide or arrange for access to their properties during 8 all inspections conducted pursuant to Article 14 of this chapter (commencing with 9 Section 18995.1). 10
(1) This subdivision is not intended to permit an employee or agent of the 11 Department, or a jurisdiction, to enter the interior of a private residential property. 12 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6. 15
Section 18984.11. Waivers Granted by a Jurisdiction. 16 (a) A jurisdiction may grant one or more of the following types of waivers to a generator 17 of organic waste: 18
(1) De Minimis Waivers. 19
(A) A jurisdiction may waive a commercial business’ obligation to comply with 20 some or all of the organic waste requirements of this article if the commercial 21 business provides documentation or the jurisdiction has evidence demonstrating 22 that: 23

1. The commercial business’ total solid waste collection service is two cubic 24 yards or more per week and organic waste subject to collection in a blue 25 container or a green container as specified in Section 18984.1(a) comprises 26 less than 20 gallons per week per applicable container of the business’ total 27 waste. 28

2.The commercial business’ total solid waste collection service is less than two 29 cubic yards per week and organic waste subject to collection in a blue container 30 or a green container as specified in Section 18984.1(a) comprises less than 10 31 gallons per week per applicable container of the business’ total waste. 32 (B) A jurisdiction shall, consistent with Section 18995.1, verify that the commercial 33 business’ organic waste generation meets the waiver thresholds set forth in this 34 subdivision. 35
(C) If a jurisdiction obtains information at any time that a commercial business that 36 has received a waiver is exceeding the organic waste thresholds specified in 37 Subsection (A)1. or (A)2., the jurisdiction shall rescind the waiver. 38 (2) Physical Space Waivers. 39
(A) A jurisdiction may waive a commercial business’ or property owner’s obligation 40 to comply with some or all of the organic waste collection service requirements of 41 this article if the commercial business or property owner provides documentation, 42 or the jurisdiction has evidence from its staff, a hauler, licensed architect, or 43

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licensed engineer demonstrating that the premises lack adequate space for any of 1 the organic waste container configurations allowed under 18984.1(a) or 18984.2. 2 (3) Collection Frequency Waivers. 3
(A) A jurisdiction may allow the owner or tenant of any residence, premises, 4 business establishment or industry that subscribes to a three-container or two-5 container organic waste collection service to arrange for the collection of solid 6 waste in a blue container, a gray container, or both once every fourteen days, 7 provided that: 8

1.The jurisdiction, or its authorized hauler, demonstrates to the enforcement 9 agency, as defined in Public Resources Code 40130 that less frequent 10 collection than required by Section 17331 of Title 14 of the California Code of 11 Regulations will not cause receiving solid waste facilities, operations, or both to 12 be in violation of applicable state minimum standards described in Subchapter 4 13 of Chapter 3 of Subdivision 1 of Title 27 or Title 14, Sections 17200 et seq. 14 (b) Nothing in this section allows a jurisdiction to exempt a business subject to the 15 requirements of Section 42649.81 of the Public Resources Code from compliance with 16 that section. 17
(c) Notwithstanding Section 18981.2, the authority to issue a waiver authorized by this 18 section cannot be delegated to a private entity. 19
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6. 22
Section 18984.12. Waivers and Exemptions Granted by the Department. 23 (a) Low population waivers. 24
(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 25 some or all its generators from some or all of the requirements of this article if the 26 following apply: 27
(A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as 28 reported in the Disposal Reporting System. 29
(B) The jurisdiction has a total population of less than 7,500 people. 30 (2) A jurisdiction may apply to the Department for a waiver from some or all of the 31 requirements of this article for census tracts that have a population density of less 32 than 75 people per square mile that are served by the jurisdiction and are located in 33 unincorporated portions of a county. 34
(b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five 35 years and shall be subject to approval by the Department as follows: 36 (1) A jurisdiction shall submit a request for a waiver with the following information: 37 (A)The number of generators that will be included in the waiver. 38 (B) The requested length of the waiver. 39
(C) If the request for a waiver is submitted by a jurisdiction seeking to waive 40 unincorporated census tracts, the jurisdiction shall identify each census tract that 41 will be waived. 42

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(2) The Department shall review and evaluate and approve or deny a waiver request 1 within 90 days. The Department shall approve a request to grant a waiver if it meets 2 the requirements of this section.enforc 3
(3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at 4 any time up to 180 days prior to the expiration of an existing waiver. 5 (c) Rural Exemptions. 6
(1)The Department shall grant an exemption from complying with the organic waste 7 collection requirements specified in this article for rural jurisdictions that meet the 8 definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if 9 the governing body of the jurisdiction adopts a resolution that includes a finding as to 10 the purpose of and need for the exemption. 11
(2) An exemption implemented pursuant to this subdivision shall be valid until 12 December 31, 2026 or until five years after the Department makes a determination 13 pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste 14 has not been reduced to 50 percent of the level of disposal during the 2014 calendar 15 year, whichever is later. 16
(d) Elevation Waivers. 17
(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 18 some or all of its generators from the requirement to separate and recover food 19 waste and food-soiled paper if the entire jurisdiction is located at or above an 20 elevation of 4,500 feet. 21
(2) A jurisdiction may apply to the Department for a waiver for some or all of its 22 generators from the requirement to separate and recover food waste and food-soiled 23 paper in census tracts located in unincorporated portions of a county that are located 24 at or above 4,500 feet. 25
(3) The area of a jurisdiction that is waived pursuant to this section is not required to 26 provide containers to generators as prescribed in Section 18984.7. 27 (4) Residential and commercial generators located within an area that is waived 28 pursuant to this section may deposit food waste and food-soiled paper in a disposal 29 container. 30
(5) A jurisdiction shall submit a request for a waiver with the following information: 31 (A)The number of generators that will be included in the waiver. 32 (B) If the request for a waiver is submitted by a jurisdiction seeking to waive 33 unincorporated census tracts, the jurisdiction shall identify each census tract that 34 will be waived. 35
(6) The Department shall review and evaluate and approve or deny a waiver request 36 within 90 days. The Department shall approve a request to grant a waiver if it meets 37 the requirements of this section. 38
(7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a 39 collection service that collects and recycles the other types of organic wastes 40 specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the 41 requirements of those sections. 42
(e) Nothing in this section exempts a jurisdiction from complying with the other 43 requirements to promote and provide information to generators about waste prevention, 44 community composting, managing organic waste on-site, and other means of 45 recovering organic waste, or any other requirements of this chapter. 46

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Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3
Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials 4 and Federally Regulated Waste. 5
(a) Emergency Processing Facility Temporary Equipment or Operational Failure 6 Waivers. 7
(1) If the facility processing a jurisdiction’s organic waste notifies the jurisdiction that 8 unforeseen operational restrictions have been imposed upon it by a regulatory 9 agency or that an unforeseen equipment or operational failure will temporarily 10 prevent the facility from processing and recovering organic waste, the jurisdiction 11 may allow the organic waste stream transported to that facility to be deposited in a 12 landfill or landfills for up to 90 days from the date of the restriction or failure. 13 (2) A jurisdiction shall notify the Department in writing within 10 days of a waiver 14 decision pursuant to Subdivision (a)(1). The notice sent to the Department shall 15 include a description of the equipment failure or operational restriction that occurred 16 at the facility, the period of time that the jurisdiction will allow the organic waste 17 stream to be deposited in a landfill or landfills, and the Recycling and Disposal 18 Reporting System Number of the facility that experienced the temporary equipment 19 or operational failure preventing it from receiving some or all of the jurisdiction’s 20 waste. 21
(b) Disasters and emergency waivers. 22
(1) A jurisdiction may submit a request for a waiver for the landfill disposal of 23 “disaster debris” as defined in Section 17210.1(d) of this division that cannot be 24 diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have 25 been granted pursuant to Sections 17210.4 and 17210.9 of this division. 26 (2) If a waiver or waivers have been granted pursuant to Subsection (1) the 27 Department shall waive the organic waste collection requirements of this article in the 28 affected areas for the duration of the waiver. 29
(3) A jurisdiction may dispose of sediment debris removed from dams, culverts, 30 reservoirs, channels and other flood control infrastructure if the material is subject to 31 a waste discharge requirement issued by the regional water quality control board that 32 requires the average organic content of the debris to be less than five percent. 33 (c) A jurisdiction is not required to separate or recover organic waste that is removed 34 from homeless encampments and illegal disposal sites as part of an abatement activity 35 to protect public health and safety. If the total amount of solid waste removed for landfill 36 disposal pursuant to this subdivision is expected to exceed 100 tons annually the 37 jurisdiction shall record the amount of material removed. 38 (d) A jurisdiction may dispose of specific types of organic waste that are subject to 39 quarantine and meet the following requirements: 40
(1) The organic waste is generated from within the boundaries of an established 41 interior or exterior quarantine area defined by the California Department of Food and 42 Agriculture for that type of organic waste. 43
(2) The California Department of Food and Agriculture or the County Agricultural 44 Commissioner determines that the organic waste must be disposed at a solid waste 45

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landfill and the organic waste cannot be safely recovered through any of the recovery 1 activities identified in Article 2 of this chapter. 2
(3) The jurisdiction retains a copy of the California Department of Food and 3 Agriculture approved compliance agreement for each shipment stating that the 4 material must be transported to a solid waste landfill operating under the terms of its 5 own compliance agreement for the pest or disease of concern. 6 (e) Nothing in this chapter requires generators, jurisdictions or other entities subject to 7 these regulations to manage and recover organic waste that federal law explicitly 8 requires to be managed in a manner that constitutes landfill disposal as defined in this 9 chapter. 10
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13
Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions. 14 (a) A jurisdiction shall include the following information and documents in the 15 Implementation Record required by Section 18995.2: 16
(1) A copy of all correspondence received from a facility that triggered a Processing 17 Facility Temporary Equipment or Operational Failure Waiver and documentation 18 setting forth the date of issuance of the waiver, the timeframe for the waiver, and the 19 locations or routes affected by the waiver. 20
(2) A description of the jurisdiction’s process for issuing waivers and frequency of 21 inspections by the jurisdiction to verify the validity of waivers. 22 (3) A copy of all De Minimis Waivers, including the location, date issued, and name of 23 generators. 24
(4) A copy of all Physical Space Waivers, including the location, date issued, and 25 name of generators. 26
(5) A copy of all collection frequency waivers, including the location, date issued, and 27 name of generators. 28
(6) A record of the amount of sediment debris that is disposed pursuant to Section 29 18984.13 on an annual basis. 30
(7) A record of the amount of solid waste removed from homeless encampments and 31 illegal disposal sites as part of an abatement activities if the total amount of material 32 removed exceeds 100 tons. 33
(8) A copy of all compliance agreements for quarantined organic waste that is 34 disposed, including the name of generator, date issued, location of final disposition, 35 and the amount of organic waste that was required to be disposed at a solid waste 36 landfill. 37
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6. 40

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Article 4. Education and Outreach 1
Section 18985.1. Organic Waste Recovery Education and Outreach. 2 (a) Prior to February 1, 2022, and annually thereafter, a jurisdiction shall provide the 3 following to organic waste generators that are provided an organic waste collection 4 service pursuant to Article 3 of this chapter: 5
(1) Information on the organic waste generator’s requirements to properly separate 6 materials in appropriate containers pursuant to this chapter. 7 (2) Information on methods for: the prevention of organic waste generation, recycling 8 organic waste on-site, sending organic waste to community composting, and any 9 other local requirements regarding organic waste. 10
(3) Information regarding the methane reduction benefits of reducing the landfill 11 disposal of organic waste, and the methods of organic waste recovery the organic 12 waste collection service uses. 13
(4) Information regarding how to recover organic waste and a list of approved 14 haulers. 15
(5) Information related to the public health and safety and environmental impacts 16 associated with the landfill disposal of organic waste. 17 (6) Information regarding programs for the donation of edible food. 18 (7) If a jurisdiction allows generators subject to its authority to self-haul organic waste 19 pursuant to Section 18988.1, information regarding self-hauling requirements shall be 20 included in education and outreach material. 21
(b) A jurisdiction providing an unsegregated single container collection service to 22 organic waste generators is not required to include the information required in 23 Subdivision (a)(1), but shall include information indicating that organic waste is being 24 processed at a high diversion organic waste processing facility. 25 (c) A jurisdiction may comply with the requirements by providing the information 26 required by this section through print or electronic media. In addition to providing 27 information through print and electronic media, a jurisdiction may conduct outreach 28 through direct contact with generators through workshops, meetings, or on-site visits. 29 (d) Consistent with Section 18981.2, a jurisdiction may comply with the requirements of 30 this section through use of a designee. 31
(e) Consistent with Section 7295 of the Government Code, jurisdictions shall translate 32 educational materials required by this chapter into any non-English language spoken by 33 a substantial number of the public provided organic waste collection services by the 34 jurisdiction. 35
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38
Section 18985.2. Edible Food Recovery Education and Outreach. 39 (a) On or before February 1, 2022 a jurisdiction shall: 40 (1) Develop a list of food recovery organizations identified in Section 41 18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction and 42 maintain the list on the jurisdiction’s website. The list shall be updated annually. The 43

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list shall include, at a minimum, the following information about each food recovery 1 organization and each food recovery service: 2
(A) Name and physical address. 3
(B) Contact information. 4
(C) Collection service area. 5
(D) An indication of types of food the food recovery service or organization can 6 accept for food recovery. 7
(b) At least annually a jurisdiction shall: 8
(1) Provide commercial edible food generators with the following information: 9 (A) Information about the jurisdiction’s edible food recovery program established 10 pursuant to Section 18991.1. 11
(B) Information about the commercial edible food generator requirements specified 12 in Article 10 of this chapter. 13
(C) Information about food recovery organizations and food recovery services 14 operating within the jurisdiction, and where a list of those food recovery 15 organizations and food recovery services can be found. 16 (D) Information about actions that commercial edible food generators can take to 17 prevent the creation of food waste. 18
(2) The jurisdiction may provide this information by including it with regularly 19 scheduled notices to those commercial businesses, including the notices provided 20 pursuant to Section 18985.1. 21
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24
Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance 25 with Education and Outreach Requirements. 26
(a) A jurisdiction shall include all relevant documents supporting its compliance with this 27 article in the Implementation Record required by Section 18995.2 of this chapter, 28 including, but not limited to: 29
(1) Copies of the information provided to comply with this article, including: flyers, 30 brochures, newsletters, invoice messaging, and website and social media postings. 31 (2) The date, and to whom the information was disseminated or direct contact made. 32 If a jurisdiction provides mass distribution through mailings, or bill inserts, it shall 33 provide the date, a copy of the information, and the type and number of accounts 34 receiving the information. 35
(3) If the requirements of this article were met solely through the use of electronic 36 media, the record shall include a copy, with dates posted, of social media posts, e-37 mails or other electronic messages. 38
(4) If a jurisdiction relies on a designee, as allowed in Section 18981.2, to comply 39 with this section, it shall include a copy of the materials distributed by the designee. 40 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6. 43

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Article 5. Generators of Organic Waste 1
Section 18986.1. Non-Local Entities Requirements. 2
(a) Non-local entities shall comply with the requirements of this chapter to prevent and 3 reduce the generation of organic waste by: 4
(1) Subscribing to and complying with the requirements of an organic waste collection 5 service that meets the requirements of Article 3 of this chapter; or 6 (2) Self-hauling organic waste in a manner that complies with the requirements of 7 Article 7 of this chapter. 8
(b) Non-local entities shall provide containers for the collection of organic waste and 9 non-organic recyclables in all areas where disposal containers are located, except 10 restrooms. The containers provided shall conform to the requirements of the containers 11 provided through an organic waste recovery service authorized under Article 3 of this 12 chapter. 13
(c) Non-local entities shall prohibit their employees from placing organic waste in a 14 container not designated to receive organic waste. 15
(1) Materials specified in this paragraph shall be subject to the following restrictions: 16 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 17 collected in the green container. 18
(B) Hazardous wood waste shall not be collected in the blue or gray container. 19 (d) Non-local entities shall periodically inspect organic waste containers for 20 contamination and inform employees if containers are contaminated and of the 21 requirement to only use those containers for organic waste. 22 (e) Non-local entities shall provide information to employees on methods for the 23 prevention of organic waste generation. 24
(f) Nothing in this section prohibits a non-local entity from preventing waste generation, 25 managing organic waste on site, or using a community composting site. 26 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 27 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 28 Section 39730.6. 29
Section 18986.2. Local Education Agencies Requirements. 30 (a) Local education agencies shall comply with the requirements of this chapter to 31 prevent and reduce the generation of organic waste by: 32 (1) Subscribing and complying with the requirements of an organic waste collection 33 service that meets the requirements of Article 3 of this chapter; or 34 (2) Self-hauling organic waste in a manner that complies with the requirements of 35 Article 7 of this chapter. 36
(b) Local education agencies shall provide containers for the collection of organic waste 37 and non-organic recyclables in all areas where disposal containers are located, except 38 restrooms. The containers provided shall conform to the requirements of the containers 39 provided through an organic waste recovery service authorized under Article 3 of this 40 chapter. 41
(c) Local education agencies shall prohibit their employees from placing organic waste 42 in a container not designated to receive organic waste. 43

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(1) Materials specified in this paragraph shall be subject to the following restrictions: 1 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 2 collected in the green container. 3
(B) Hazardous wood waste shall not be collected in the blue or gray container. 4 (d) Local education agencies shall periodically inspect organic waste containers for 5 contamination and inform employees if containers are contaminated and of the 6 requirement to only use those containers for organic waste. 7 (e) Local education agencies shall provide information to employees and students on 8 methods for the prevention of organic waste generation. 9 (f) Nothing in this section prohibits a local education agency from preventing waste 10 generation, managing organic waste on site, and/or using a community composting site. 11 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13 Section 39730.6. 14
Section 18986.3. Waivers for Non-Local Entities and Local Education Agencies. 15 (a) The Department shall waive a non-local entity’s or local education agency’s 16 obligation to comply with some or all of organic waste collection service requirements of 17 this article if the entity or agency provides documentation demonstrating that any of the 18 following apply: 19
(1) The total solid waste collection service subscribed to is two cubic yards or more 20 per week and organic waste subject to collection in a blue container or a green 21 container as specified in Section 18984.1(a) comprises less than 20 gallons per week 22 per applicable container of the non-local entity’s or local education agency’s total 23 waste. 24
(2) The total solid waste collection service subscribed to is less than two cubic yards 25 per week and organic waste subject to collection in a blue container or a green 26 container as specified in Section 18984.1(a) comprises less than 10 gallons per week 27 per applicable container of the non-local entity’s or local education agency’s total 28 waste. 29
(3) A hauler, licensed architect, or licensed engineer has determined that there is not 30 adequate space for separate organic waste containers. 31 (4) The entity is located within a jurisdiction or census tract that has been granted a 32 waiver by the Department pursuant to Section 18984.12. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36
Article 6. Biosolids Generated at a Publicly Owned Treatment Works 37 (POTW) 38
Section 18987.1. Biosolids Generation at a POTW. 39
(a) A POTW generating biosolids is not subject to the following: 40 (1) The generator requirements set forth in Section 18984.9. 41

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(2) The organic waste recovery and measurement requirements described in 1 Sections 17409.5.1 through 17409.5.8 of this division. 2 (3) The recordkeeping and reporting requirement described in Section 17414.2 of this 3 division. 4
(b) Material received at a POTW that it is not allowed to accept pursuant to Section 5 17896.6(a)(1)(C) or (D) shall be deemed to constitute landfill disposal pursuant to 6 Section 18983.1(a)(3). 7
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6. 10
Article 7. Regulation of Haulers 11
Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers. 12 (a) A jurisdiction shall require haulers providing residential, commercial, or industrial 13 organic waste collection services to generators within its boundaries to meet the 14 requirements and standards of this chapter as a condition of approval of a contract, 15 agreement, or other authorization to collect organic waste. 16 (1) A jurisdiction shall require haulers to identify the facilities to which they will 17 transport organic waste as a requirement for approval. 18 (2) A jurisdiction shall require haulers providing an organic waste collection service to 19 comply with the applicable requirements of Article 3 of this chapter. 20 (b) If a jurisdiction allows generators subject to its authority to self-haul organic waste, it 21 shall adopt an ordinance or a similarly enforceable mechanism that requires compliance 22 with the requirements in Section 18988.3 of this article. 23 (c) Notwithstanding Subdivision (a), this section is not applicable to: 24 (1) A hauler that is consistent with Article 1, Chapter 9, Part 2, Division 30, 25 commencing with Section 41950 of the Public Resources Code, transporting source 26 separated organic waste to a community composting site; or 27 (2) A hauler that is lawfully transporting construction and demolition debris in 28 compliance with Section 18989.1. 29
(d) Jurisdictions that are exempt from the organic waste collection requirements 30 pursuant to Section 18984.12, and haulers and self-haulers operating or located within 31 exempt areas of those jurisdictions, are not required to comply with the provisions of 32 this article for the duration of an exemption issued pursuant to Section 18984.12. 33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36
Section 18988.2. Haulers of Organic Waste Requirements. 37 (a) A hauler providing residential, commercial, or industrial organic waste collection 38 services shall comply with all of the following: 39
(1) Organic waste collected by the hauler shall be transported to a facility, operation, 40 activity or property that recovers organic waste as defined in Article 2 of this chapter. 41

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(2) Obtain applicable approval issued by the jurisdiction pursuant to Section 18988.1. 1 (b) The hauler shall keep a record of the documentation of its approval by the 2 jurisdiction. 3
(c) Notwithstanding (a), this section is not applicable to: 4 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing 5 with Section 41950 of the Public Resources Code, transports source separated 6 organic waste to a community composting site; or 7
(2) A hauler that is lawfully transporting construction and demolition debris in 8 compliance with Section 18989.1. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12
Section 18988.3. Self-haulers of Organic Waste. 13
(a) Generators of organic waste may, in compliance with Section 18988.1 of this 14 division, self-haul their own organic waste. 15
(b) A generator who is a self-hauler of organic waste shall comply with the following: 16 (1) The generator shall source separate all organic waste generated on site in a 17 manner consistent with Sections 18984.1 and 18984.2, or haul organic waste to a 18 high diversion organic waste processing facility as specified in Section 18984.3. 19 (2) The generator shall haul source separated organic waste to a solid waste facility 20 operation, activity, or property that processes or recovers source separated organic 21 waste. 22
(3) The generator shall keep a record of the amount of organic waste delivered to 23 each solid waste facility, operation, activity, or property that processes or recovers 24 organic waste; this record shall be subject to inspection by the jurisdiction. 25 (A) The records shall include delivery receipts and weight tickets from the entity 26 accepting the waste. 27
(B) The record shall indicate the amount of material in cubic yards or tons 28 transported by the generator to each entity. 29
(C) Notwithstanding Subdivision (b)(3)(A), if the material is transported to an entity 30 that does not have scales on-site, or employs scales incapable of weighing the 31 self-hauler’s vehicle in a manner that allows it to determine the weight of waste 32 received, the self-hauler is not required to record the weight of material but shall 33 keep a record of the entities that received the organic waste. 34 (4) A residential organic waste generator that self-hauls organic waste is not required 35 to record or report the information identified in Subdivision (b)(3). 36 (c) A generator that is located in a jurisdiction or area that received a waiver under 37 Section 18984.12 of this division and is not a business subject to the requirements of 38 Section 42649.81 of the Public Resources Code is not required to comply with the 39 requirements of this section. 40
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6. 43

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Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction 1 Hauler Program. 2
(a) A jurisdiction shall include all relevant documents supporting its compliance with this 3 article in the Implementation Record required by Article 14 of this chapter. Records 4 maintained shall include but are not limited to copies of: 5 (1) Ordinances, contracts, franchise agreements, policies, procedures, or programs 6 relevant to this section. 7
(2) A description of the jurisdiction’s hauler program including: 8 (A) Type(s) of hauler system(s) the jurisdiction uses. 9 (B) Type(s) and condition(s) of approvals per type of hauler, and criteria for 10 approvals, denials and revocations. 11
(C) The process for issuing, revoking, and denying written approvals. 12 (D) Any requirements associated with self-hauling and back-hauling. 13 (3) A record of hauler compliance with local ordinance(s) and the requirements of this 14 article including the following information: 15
(A) Copies of all reports required from haulers. 16
(B) Copies of all written approvals, denials, and revocations. 17 (b) All records required by this article shall include the date of action, the name of the 18 hauler, and the type of the action taken by the jurisdiction. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6. 22
Article 8. CALGreen Building Standards and Model Water Efficient 23 Landscape Ordinance 24
Section 18989.1. CALGreen Building Codes. 25
(a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 26 requires compliance with the following provisions of the California Green Building 27 Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 28 2019 and effective January 1, 2020: 29
(1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 30 Recycling by Occupants Non-residential. 31
(2) For organic waste commingled with construction and demolition debris, Section 32

4.408.1 Construction Waste Management Residential and Section 5.408.1 33 Construction Waste Management non-residential. 34
(b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 35 county. 36
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6. 39

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Section 18989.2 Model Water Efficient Landscape Ordinance. 1 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 2 requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water 3 Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code 4 of Regulations as amended September 15, 2015. 5
(b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 6 county. 7
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6. 10
Article 9. Locally Adopted Standards and Policies 11
Section 18990.1. Organic Waste Recovery Standards and Policies. 12 (a) Nothing in this chapter is intended to limit the authority of a jurisdiction to adopt 13 standards that are more stringent than the requirements of this chapter, except as 14 provided in Subdivision (b) of this section. 15
(b) A jurisdiction shall not implement or enforce an ordinance, policy, procedure, permit 16 condition, or initiative that includes provisions that do any of the following: 17 (1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and 18 recovery of organic waste through a method identified in Article 2 of this chapter. 19 (2) Limit a particular solid waste facility, operation, property, or activity from accepting 20 organic waste imported from outside of the jurisdiction for processing or recovery. 21 (3) Limit the export of organic waste to a facility, operation, property or activity 22 outside of the jurisdiction that recovers the organic waste through a method identified 23 in Article 2 of this chapter. 24
(4) Require a generator or a hauler to transport organic waste to a solid waste facility 25 or operation that does not process or recover organic waste. 26 (5) Require a generator to use an organic waste collection service or combination of 27 services that do not recover at least the same types of organic waste recovered by a 28 service the generator previously had in place. 29
(c) This section does not do any of the following: 30
(1) Require a solid waste facility or operation to accept organic waste that does not 31 meet the quality standards established by the solid waste facility or operation. 32 (2) Prohibit a jurisdiction from arranging with a solid waste facility or operation to 33 guarantee permitted capacity for organic waste from the jurisdiction. 34 (3) Supersede or otherwise affect: the land use authority of a jurisdiction, including, 35 but not limited to, planning, zoning, and permitting; or an ordinance lawfully adopted 36 pursuant to that land use authority consistent with this section. 37 (4) Prohibit a jurisdiction from arranging through a contract or franchise for a hauler to 38 transport organic waste to a particular solid waste facility or operation for processing 39 or recovery. 40
(5) Exempt a jurisdiction, generator, or hauler from compliance with Division 4.5 of 41 Title 22 of the California Code of Regulations relative to the proper handling of 42 hazardous or universal waste or Title 3, Section 1180.48 of the California Code of 43

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Regulations relative to Disposal of Parts and Products of Animals Not Intended for 1 Use as Human Food. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 40001, 40002, 40059, and 42652.5 and 4 Health and Safety Code Section 39730.6. 5
Section 18990.2. Edible Food Recovery Standards and Policies. 6 (a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that 7 prohibits the ability of a generator, food recovery organization, or food recovery service 8 to recover edible food that could be recovered for human consumption. 9 (b) A local education agency shall not implement or enforce an ordinance, policy, or 10 procedure that prohibits share tables or requires schools to adhere to a food safety 11 standard not specified in Part 7 of Division 104 of the Health and Safety Code. 12 (c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the 13 California Good Samaritan Food Donation Act of 2017 (the act). Specifically: 14 (1) Nothing in this chapter shall be construed to limit the amount or types of foods 15 that may be donated under the act. 16
(2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner 17 or food facility to donate food as provided for in Sections 114432 and 114433 of the 18 Health and Safety Code. 19
(3) Nothing in this chapter shall be construed to reduce the immunities provided by 20 the California Good Samaritan Food Donation Act as specified in Section 114434 of 21 the Health and Safety Code. 22
(d) Nothing in this chapter prohibits a food recovery service or organization from 23 refusing to accept edible food from a commercial edible food generator. 24 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 25 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 26 Sections 39730.6, 114432, 114433 and 114434 27
Article 10. Jurisdiction Edible Food Recovery Programs, Food 28 Generators, and Food Recovery 29
Section 18991.1. Jurisdiction Edible Food Recovery Program. 30 (a) A jurisdiction shall implement an edible food recovery program that shall include the 31 actions that the jurisdiction will take to accomplish each of the following: 32 (1) Educate commercial edible food generators as set forth in Section 18985.2. 33 (2) Increase commercial edible food generator access to food recovery organizations 34 and food recovery services. 35
(3) Monitor commercial edible food generator compliance as required in Article 14 of 36 this chapter. 37
(4) Increase edible food recovery capacity if the analysis required by Section 18992.2 38 indicates that the jurisdiction does not have sufficient capacity to meet its edible food 39 recovery needs. 40

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(b) A jurisdiction may fund the actions taken to comply with this section through 1 franchise fees, local assessments, or other funding mechanisms. 2 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 4 Section 39730.6. 5
Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food 6 Recovery Program. 7
(a) A jurisdiction shall include all documents supporting its compliance with Section 8 18991.1 in the Implementation Record required by Section 18995.2 and shall also 9 include at a minimum: 10
(1) A list of commercial edible food generators in the jurisdiction that have a contract 11 or written agreement with food recovery organizations or services pursuant to Section 12 18991.3(b). 13
(2) A list of food recovery organizations and food recovery services in the jurisdiction 14 and their edible food recovery capacity. 15
(3) Documentation of the actions the jurisdiction has taken to increase edible food 16 recovery capacity. 17
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 18 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 19 Section 39730.6. 20
Section 18991.3. Commercial Edible Food Generators. 21
(a) Tier One commercial edible food generators shall comply with the requirements of 22 this section commencing January 1, 2022. Tier two commercial edible food generators 23 shall comply with the requirements of this section commencing January 1, 2024. 24 (b) Commercial edible food generators shall arrange to recover the maximum amount of 25 edible food that would otherwise be disposed. A commercial edible food generator shall 26 comply with the requirements of this section through a contract or written agreement 27 with any or all of the following: 28
(1) Food recovery organizations or services that will collect their edible food for food 29 recovery. 30
(2) Food recovery organizations that will accept the edible food that the commercial 31 edible food generator self-hauls to the food recovery organization for food recovery. 32 (c) A large venue or large event operator that does not provide food services, but allows 33 for food to be provided, shall require food facilities operating at the large venue or large 34 event to comply with the requirements of this section. 35 (d) A commercial edible food generator shall comply with the requirements of this 36 section unless the commercial edible food generator demonstrates the existence of 37 extraordinary circumstances beyond its control that make such compliance 38 impracticable. If an enforcement action is commenced against a commercial edible food 39 generator for noncompliance, the burden of proof shall be upon the commercial edible 40 food generator to demonstrate extraordinary circumstances. For the purposes of this 41 section extraordinary circumstances are: 42

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(1) A failure by the jurisdiction to increase edible food recovery capacity as required 1 in Section 18991.1. 2
(2) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or 3 natural disasters. 4
(e) An edible food generator shall not intentionally spoil edible food that is capable of 5 being recovered by a food recovery organization or service. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8 Section 39730.6. 9
Section 18991.4. Recordkeeping Requirements For Commercial Edible Food 10 Generators. 11
(a) A commercial edible food generator subject to the requirements in this article shall 12 keep a record that includes the following: 13
(1) A list of each food recovery service or organization that collects or receives its 14 edible food pursuant to a contract or written agreement established under Section 15 18991.3(b). 16
(2) A copy of contracts or written agreements between the commercial edible food 17 generator and a food recovery service or organization. 18 (3) A record of the following for each food recovery organization or service that the 19 commercial edible food generator has a contract or written agreement with pursuant 20 to Section 18991.3(b): 21
(A) The name, address and contact information of the service or organization. 22 (B) The types of food that will be collected by or self-hauled to the service or 23 organization. 24
(C) The established frequency that food will be collected or self-hauled. 25 (D) The quantity of food collected or self-hauled to a service or organization for 26 food recovery. The quantity shall be measured in pounds recovered per month. 27 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6. 30
Section 18991.5. Food Recovery Services and Organizations. 31 (a) A food recovery organization or service that has established a contract or written 32 agreement to collect or receive edible food directly from commercial edible food 33 generators pursuant to Section 18991.3(b) shall maintain records specified in this 34 section: 35
(1) A food recovery service shall maintain a record of: 36 (A) The name, address and contact information for each commercial edible food 37 generator that the service collects edible food from. 38 (B) The quantity in pounds of edible food collected from each commercial edible 39 food generator per month. 40
(C) The quantity in pounds of edible food transported to each food recovery 41 organization per month. 42

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(D) The name, address and contact information for each food recovery 1 organization that the service transports edible food to for food recovery. 2 (2) A food recovery organization shall maintain a record of: 3 (A) The name, address and contact information for each commercial edible food 4 generator that the organization receives edible food from. 5 (B) The quantity in pounds of edible food received from each commercial edible 6 food generator per month. 7
(C) The name, address and contact information for each food recovery service that 8 the organization receives edible food from for food recovery. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12
Article 11. Organic Waste Recycling Capacity Planning 13 Section 18992.1. Organic Waste Recycling Capacity Planning. 14 (a) Counties, in coordination with jurisdictions and regional agencies located within the 15 county, shall: 16
(1) Estimate the amount of all organic waste in tons that will be disposed by the 17 county and jurisdictions within the county by: 18
(A) Multiplying the percentage of organic waste reported as disposed in the 19 Department’s most recent waste characterization study by the total amount of 20 landfill disposal attributed to the county and each jurisdiction located within the 21 county by the Recycling and Disposal Reporting System; or 22 (B) Using a waste characterization study or studies performed by jurisdictions 23 located within the county and applying the results of those studies to the total 24 amount of landfill disposal attributed to the county and each jurisdiction located 25 within the county by the Recycling and Disposal Reporting System. Local studies 26 may be used if the studies: 27

1.Were performed within the last five years, 28

2. Include at least the same categories of organic waste as the Department’s 29 most recent waste characterization study that was available at the time the local 30 study or studies were performed, and, 31

3.Include a statistically significant sampling of solid waste disposed by the 32 jurisdiction conducting the study. 33
(2) A county may incorporate the findings of a published report generated by the 34 appropriate solid waste management entities within the county that provides organic 35 waste disposal tonnages or percentages for specific organic waste material types 36 that are not covered in the Department’s most recent waste characterization study. 37 This may include, but is not limited to, reports on tons of biosolids or digestate 38 disposed in the county. 39
(3) Identify the amount in tons of existing organic waste recycling infrastructure 40 capacity, located both in the county and outside of the county, that is verifiably 41 available to the county and jurisdictions located within the county. 42

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(A) A county can demonstrate the capacity is verifiably available to the county or 1 its jurisdictions through a contract, franchise, or other documentation of existing, 2 new, or expanded capacity at a facility, activity, operation or property that recovers 3 organic waste that will be available to the county or its jurisdiction prior to the end 4 of the reporting period. 5
(4) Estimate the amount of new or expanded organic waste recycling facility capacity 6 that will be needed to process the organic waste identified pursuant to Subdivision 7 (a)(1) in addition to the existing capacity identified in Subdivision (a)(3). 8 (b) A jurisdiction or regional agency contacted by a county pursuant to Subdivision (a) 9 shall respond to the county’s request for the information necessary to comply with the 10 requirements of this article within 120 days of receiving the request from the county. 11 (1) If a jurisdiction or regional agency fails to provide the information necessary to 12 comply with the requirements of this article within 120 days, the county is not 13 required to include estimates for that jurisdiction in the report it submits pursuant to 14 Section 18992.3. 15
(2) In the report submitted pursuant to Section 18992.3 the county shall identify any 16 jurisdiction that did not provide the information necessary to comply with the 17 requirements of this article within 120 days of receiving a request from the county. 18 (c) In complying with this section, the county in coordination with jurisdictions and 19 regional agencies located within the county shall: 20
(1) Consult with the Enforcement Agency and the local task force created pursuant to 21 Section 40950 of the Public Resources Code on the status of locations for new or 22 expanded solid waste facilities including the potential capacity increase each facility 23 may provide if approved. 24
(2) Consult with haulers and owners of facilities, operations, and activities that 25 recover organic waste including, but not limited to, compost facilities, in-vessel 26 digestion facilities, and Publicly Owned Treatment Works to gather information on the 27 existing capacity and potential new or expanded capacity at those facilities, 28 operations, and activities. 29
(A) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 30 days regarding available and potential new or expanded capacity at their facilities, 31 operations, and activities, including information about throughput and permitted 32 capacity necessary for planning purposes. 33
(3) Conduct community outreach regarding locations being considered for new or 34 expanded facilities, operations, or activities to seek feedback on the benefits and 35 impacts that may be associated with new or expanded facilities, operations, or 36 activities. The community outreach shall: 37
(A) Include at least one of the following forms of communication: public workshops 38 or meetings, print noticing, and electronic noticing. 39 (B) If applicable be conducted in coordination with potential solid waste facility 40 operators that may use the location identified by the county and the jurisdictions 41 and regional agencies located within the county. 42
(C) Include communication to disadvantaged communities that may be impacted 43 by the development of new facilities at the locations identified by the county and 44 the jurisdictions and regional agencies located within the county. 45

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(D) Communication required by this section must be provided in non-English 1 languages spoken by a substantial number of the public in the applicable 2 jurisdiction in a manner that conforms with the requirements of Section 18985.1(e). 3 (4) Consult with community composting operators to estimate the amount of organic 4 waste the county, and the jurisdictions and regional agencies located within the 5 county, anticipate will be handled at community composting activities. 6 (d) If a county determines that organic waste recycling capacity, in addition to the 7 available and proposed capacity identified pursuant to Subdivision (a), is needed within 8 that county, the county shall notify the jurisdiction or jurisdictions that lack sufficient 9 capacity that it is required to: 10
(1) Submit an implementation schedule to the Department that demonstrates how it 11 will ensure there is enough available capacity to recover the organic waste currently 12 disposed by generators within their jurisdiction by the end of the report period. 13 (A) The implementation schedule shall include timelines and milestones for 14 planning efforts to access capacity including, but not limited to: 15

1. Obtaining funding for organic waste recycling infrastructure including, but not 16 limited to, modifying franchise agreements or demonstrating other means of 17 financially supporting the expansion of organic waste recycling. 18

2. Identification of facilities, operations, and activities that could be used for 19 additional capacity. 20
(2) Identify proposed new or expanded organic waste recycling facilities that will be 21 used to process the organic waste identified pursuant to Subdivision (a)(3). 22 (e) The notice the county provides jurisdictions pursuant to Subdivision (d) shall be 23 provided on or before the county submits the report required pursuant to Section 24 18992.3. 25
(f) For the purposes of this section, only the following type of organic waste shall be 26 included in estimates: food, green waste, landscape and pruning waste, wood, paper 27 products, printing and writing paper, digestate and biosolids. 28 (g) For the purposes of conducting the estimates required by this section, a county may 29 subtract the waste generated in an area subject to a waiver granted by the Department 30 pursuant to Section 18984.12. A county is not required to obtain information from a 31 jurisdiction that is waived from all of the organic waste collection requirements of this 32 chapter. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6. 36
Section 18992.2. Edible Food Recovery Capacity. 37
(a) Counties, in coordination with jurisdictions and regional agencies located within the 38 county, shall: 39
(1) Estimate the amount of edible food that will be disposed by commercial edible 40 food generators that are located within the county and jurisdictions within the county. 41 (2) Identify existing capacity at food recovery organizations identified in Section 42 18982(a)(25)(A)–(B) that is available to commercial edible food generators located 43 within the county and jurisdictions within the county. 44

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(3) Identify proposed new or expanded food recovery organizations and food 1 recovery services that will be used to recover edible food identified pursuant to 2 Subdivision (a)(1). 3
(4) Identify the amount of new or expanded capacity, if any, at food recovery 4 organizations and food recovery services that is necessary to recover the edible food 5 that is estimated to be disposed by commercial edible food generators in (a)(1). 6 (b) In complying with this section the county in coordination with jurisdictions and 7 regional agencies located within the county shall consult with food recovery 8 organizations and food recovery services regarding existing, or proposed new and 9 expanded, capacity that could be accessed by the jurisdiction and its commercial edible 10 food generators. 11
(1) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days 12 regarding available and potential new or expanded capacity. 13 (c) If a county identifies that new or expanded capacity is needed to recover the amount 14 of edible food identified in Subdivision (a), then each jurisdiction within that county that 15 lacks capacity shall: 16
(1) Submit an implementation schedule to the Department that demonstrates how it 17 will ensure there is enough new or expanded capacity to recover the edible food 18 currently disposed by commercial edible food generators within its jurisdiction by the 19 end of the reporting period set forth in Section 18992.3 of this article. 20 (A) The implementation schedule shall include timelines and milestones for 21 planning efforts to access additional new or expanded capacity including, but not 22 limited to: 23

1. Obtaining funding for edible food recovery infrastructure including, but not 24 limited to, modifying franchise agreements or demonstrating other means of 25 financially supporting the expansion of edible food recovery capacity. 26

2. Identification of facilities, operations, and activities inside the county that 27 could be used for additional capacity. 28
(2) Consult with food recovery organizations and food recovery services regarding 29 existing, or proposed new and expanded, capacity that could be accessed by the 30 jurisdiction and its commercial edible food generators. 31 (d) If a county finds that new or expanded capacity is needed pursuant to Subdivision 32 (c) then on or before the county submits the report required pursuant to Section 33 18992.3, the county shall notify the jurisdiction or jurisdictions that lack sufficient 34 capacity. 35
(e) A jurisdiction or regional agency contacted by a county pursuant to this section shall 36 respond to the county’s request for the information necessary to comply with the 37 requirements of this section within 120 days of receiving the request from the county. 38 (1) If a jurisdiction or regional agency fails to provide the information necessary to 39 comply with the requirements of this article within 120 days, the county is not 40 required to include estimates for that jurisdiction in the report it submits pursuant to 41 Section 18992.3. 42
(2) In the report submitted pursuant to Section 18992.3 the county shall identify any 43 jurisdiction that did not provide the information necessary to comply with the 44 requirements of this section within 120 days of receiving a request from the county. 45

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Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3
Section 18992.3. Schedule For Reporting. 4
(a) Counties, in coordination with jurisdictions and regional agencies located within the 5 county, shall conduct the planning requirements of Sections 18992.1 and 18992.2, on 6 the following schedule: 7
(1) August 1, 2022 counties shall report to the Department on the period covering 8 January 1, 2022 through December 31, 2024. 9
(A) Jurisdictions that are exempt from the organic waste collection requirements 10 pursuant to Section 18984.12, are not required to conduct the capacity planning 11 required in Section 18992.1 and are not required to include capacity plans 12 required by Section 18992.1 in the first reporting period. 13 (2) August 1, 2024 counties shall report to the Department on the period covering 14 January 1, 2025 through December 31, 2034. 15
(3) August 1, 2029 counties shall report to the Department on the period covering 16 January 1, 2030 through December 31, 2039. 17
(4) August 1, 2034 counties shall report to the Department on the period covering 18 January 1, 2035 through December 31, 2044. 19
(b) If a jurisdiction is required to submit an implementation schedule pursuant to Section 20 18992.1 or 18992.2 the implementation schedule shall be submitted 120 days following 21 the date the county submitted the report to the Department. 22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24 Section 39730.6. 25
Article 12. Procurement of Recovered Organic Waste Products 26 Section 18993.1. Recovered Organic Waste Product Procurement Target. 27 (a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall 28 annually procure a quantity of recovered organic waste products that meets or exceeds 29 its current annual recovered organic waste product procurement target as determined 30 by this article. For the purposes of this section, “jurisdiction” means a city, a county or a 31 city and county. 32
(b) On or before January 1, 2022, and on or before January 1 every five years 33 thereafter, the Department shall recalculate the annual recovered organic waste product 34 procurement target for each jurisdiction according to the requirements of Subdivision 35 (c). 36
(c). Each jurisdiction’s recovered organic waste product procurement target shall be 37 calculated by multiplying the per capita procurement target by the jurisdiction population 38 where: 39
(1) Per capita procurement target = 0.08 tons of organic waste per California resident 40 per year. 41

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(2) Jurisdiction population equals the number of residents in a jurisdiction, using the 1 most recent annual data reported by the California Department of Finance. 2 (d) Annually, the Department shall provide notice to each jurisdiction of its annual 3 recovered organic waste product procurement target by posting such information on the 4 Department’s website and providing written notice directly to the jurisdiction. 5 (e) A jurisdiction shall comply with Subdivision (a) by one or both of the following: 6 (1) Directly procuring recovered organic waste products for use or giveaway. 7 (2) Requiring, through a written contract or agreement, that a direct service provider 8 to the jurisdiction procure recovered organic waste products and provide written 9 documentation of such procurement to the jurisdiction. 10 (f) For the purposes of this article, the recovered organic waste products that a 11 jurisdiction may procure to comply with this article are: 12 (1) Compost, subject to any applicable limitations of Public Contract Code Section 13 22150, that is produced at: 14
(A) A compostable material handling operation or facility permitted or authorized 15 under Chapter 3.1 of this division; or 16
(B) A large volume in-vessel digestion facility as defined and permitted under 17 Chapter 3.2 of this division that composts on-site. [NOTE: Digestate, as defined in 18 Section 18982(a)(16.5), is a distinct material from compost and is thus not a 19 recovered organic waste product eligible for use in complying with this Article.] 20 (2) Renewable gas used for fuel for transportation, electricity, or heating applications. 21 (3) Electricity from biomass conversion. 22
(4) Mulch, provided that the following conditions are met for the duration of the 23 applicable procurement compliance year: 24
(A) The jurisdiction has an enforceable ordinance, or similarly enforceable 25 mechanism, that requires the mulch procured by the jurisdiction to comply with this 26 article to meet or exceed the physical contamination, maximum metal 27 concentration, and pathogen density standards for land application specified in 28 Section 17852(a)(24.5)(A)1. through 3. of this division; and 29 (B) The mulch is produced at one or more of the following: 30

1. A compostable material handling operation or facility as defined in Section 31 17852(a)(12), other than a chipping and grinding operation or facility as defined 32 in Section 17852(a)(10), that is permitted or authorized under this division; or 33

2. A transfer/processing facility or transfer/processing operation as defined in 34 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized 35 under this division; or 36

3. A solid waste landfill as defined in Public Resources Code Section 40195.1 37 that is permitted under Division 2 of Title 27 of the California Code of 38 Regulations. 39
(g) The following conversion factors shall be used to convert tonnage in the annual 40 recovered organic waste product procurement target for each jurisdiction to equivalent 41 amounts of recovered organic waste products: 42
(1) One ton of organic waste in a recovered organic waste product procurement 43 target shall constitute: 44
(A) 21 diesel gallon equivalents, or “DGE,” of renewable gas in the form of 45 transportation fuel. 46

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(B) 242 kilowatt-hours of electricity derived from renewable gas. 1 (C) 22 therms for heating derived from renewable gas. 2 (D) 650 kilowatt-hours of electricity derived from biomass conversion. 3 (E) 0.58 tons of compost or 1.45 cubic yards of compost. 4 (F) One ton of mulch. 5
(h) Renewable gas procured from a POTW may only count toward a jurisdiction’s 6 recovered organic waste product procurement target provided the following conditions 7 are met for the applicable procurement compliance year: 8 (1) The POTW receives organic waste directly from one or more of the following: 9 (A) A compostable material handling operation or facility as defined in Section 10 17852(a)(12), other than a chipping and grinding operation or facility as defined in 11 Section 17852(a)(10), that is permitted or authorized under this division; or 12 (B) A transfer/processing facility or transfer/processing operation as defined in 13 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 this division; or 15
(C) A solid waste landfill as defined in Public Resources Code Section 40195.1 16 that is permitted under Division 2 of Title 27 of the California Code of Regulations. 17 (2) The POTW is in compliance with the exclusion described in Section 18 17896.6(a)(1). 19
(3) The jurisdiction receives a record from the POTW documenting the tons of 20 organic waste received by the POTW from all solid waste facilities described in 21 subsection (h)(1) above. 22
(4) The amount of renewable gas a jurisdiction or jurisdictions procured from the 23 POTW for fuel, electricity or heating applications is less than or equal to the POTW’s 24 production capacity of renewable gas generated from organic waste received at the 25 POTW directly from solid waste facilities as determined using the relevant conversion 26 factors in Subdivision (g). 27
(5) The POTW transported less than 25 percent of the biosolids it produced to 28 activities that constitute landfill disposal. 29
(i) Electricity procured from a biomass conversion facility may only count toward a 30 jurisdiction’s recovered organic waste product procurement target if the biomass 31 conversion facility receives feedstock directly from one or more of the following during 32 the duration of the applicable procurement compliance year: 33 (1) A compostable material handling operation or facility as defined in Section 34 17852(a)(12), other than a chipping and grinding operation or facility as defined in 35 Section 17852(a)(10), that is permitted or authorized under this division; or 36 (2) A transfer/processing facility or transfer/processing operation as defined in 37 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 38 this division; or 39
(3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is 40 permitted under Division 2 of Title 27 of the California Code of Regulations. 41 (j) If a jurisdiction’s annual recovered organic waste product procurement target 42 exceeds the jurisdiction’s total procurement of transportation fuel, electricity, and gas for 43 heating applications from the previous calendar year as determined by the conversion 44 factors in Subdivision (g), the target shall be adjusted to an amount equal to its total 45

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procurement of those products as converted to their recovered organic waste product 1 equivalent from the previous year consistent with Subdivision (g). 2 (k) A jurisdiction shall identify additional procurement opportunities within the 3 jurisdiction’s departments and divisions for expanding the use of recovered organic 4 waste products. 5
(l) Rural counties, and jurisdictions located within rural counties that are exempt from 6 the organic waste collection requirements pursuant to Section 18984.12(c), are not 7 required to comply with the procurement requirements in this Section from January 1, 8 2022-December 31, 2026. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Sections 39730.6 and 39730.8. 12
Section 18993.2. Recordkeeping Requirements For Recovered Organic Waste 13 Procurement Target. 14
(a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its 15 compliance with this article in the implementation record required by Section 18995.2 of 16 this chapter including, but not limited to, the following: 17 (1) A description of how the jurisdiction will comply with the requirements of this 18 article. 19
(2) The name, physical location, and contact information of each entity, operation, or 20 facility from whom the recovered organic waste products were procured, and a 21 general description of how the product was used, and if applicable, where the 22 product was applied. 23
(3) All invoices or similar records evidencing all procurement. 24 (4) If a jurisdiction will include procurement of recovered organic waste products 25 made by a direct service provider to comply with the procurement requirements of 26 Section 18993.1(a), the jurisdiction shall include all records of procurement of 27 recovered organic waste products made by the direct service provider on behalf of 28 the jurisdiction including invoices or similar records evidencing procurement. 29 (5) If a jurisdiction will include renewable gas procured from a POTW for any of the 30 uses identified in 18993.1(f)(2) to comply with the procurement mandate of Section 31 18993.1(a), a written certification by an authorized representative of the POTW, 32 under penalty of perjury in a form and manner determined by the jurisdiction, 33 attesting to the following for the applicable procurement compliance year: 34 (A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1); 35 (B) The total tons of organic waste received from the types of solid waste facilities 36 listed in Section 18993.1(h)(1); and 37
(C) The percentage of biosolids that the POTW produced and transported to 38 activities that constitute landfill disposal. 39
(6) If a jurisdiction will include electricity procured from a biomass conversion facility 40 to comply with the procurement mandate of Section 18993.1(a), a written certification 41 by an authorized representative of the biomass conversion facility certifying that 42 biomass feedstock was received from a permitted solid waste facility identified in 43

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18993.1(i) shall be provided to the jurisdiction. The certification shall be furnished 1 under penalty of perjury in a form and manner determined by the jurisdiction. 2 (7) If the jurisdiction is implementing the procurement requirements of Section 3 18993.1 through an adjusted recovered organic waste product procurement target 4 pursuant to Section 18993.1(j), the jurisdiction shall include records evidencing the 5 total amount of transportation fuel, electricity, and gas for heating applications 6 procured during the calendar year prior to the applicable reporting period. 7 (8) For jurisdictions complying with the requirements of Section 18993.1, through the 8 procurement of mulch, a copy of the ordinance or similarly enforceable mechanism 9 the jurisdiction has adopted requiring that mulch procured by the jurisdiction or a 10 direct service provider meets the land application standards specified in Section 11 18993.1. 12
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6. 15
Section 18993.3. Recycled Content Paper Procurement Requirements. 16 (a) A jurisdiction shall procure paper products, and printing and writing paper, consistent 17 with the requirements of Sections 22150-22154 of the Public Contract Code. 18 (b) In addition to meeting the requirements of Subdivision (a), paper products and 19 printing and writing paper shall be eligible to be labeled with an unqualified recyclable 20 label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published 21 January 1, 2013, which is hereby incorporated by reference. 22 (c) A jurisdiction shall require all businesses from whom it purchases paper products 23 and printing and writing paper to certify in writing: 24 (1) The minimum percentage, if not the exact percentage, of postconsumer material 25 in the paper products and printing and writing paper offered or sold to the jurisdiction. 26 The certification shall be furnished under penalty of perjury in a form and manner 27 determined by the jurisdiction. A jurisdiction may waive the certification requirement if 28 the percentage of postconsumer material in the paper products, printing and writing 29 paper, or both can be verified by a product label, catalog, invoice, or a manufacturer 30 or vendor Internet website. 31
(2) That the paper products and printing and writing paper offered or sold to the 32 jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 33 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated 34 by reference. 35
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 36 and Health and Safety Code Section 39730.6. 37
Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 38 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 39

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Section 18993.4. Recordkeeping Requirements for Recycled Content Paper 1 Procurement. 2
(a) A jurisdiction shall include all documents supporting its compliance with this article in 3 the implementation record required by Section 18995.2 of this chapter including, but not 4 limited to, the following: 5
(1) Copies of invoices, receipts or other proof of purchase that describe the 6 procurement of paper products by volume and type for all paper purchases. 7 (2) Copies of all certifications or other verification required under Section 18993.3. 8 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 9 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 10 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 11 Article 13. Reporting 12
Section 18994.1. Initial Jurisdiction Compliance Report. 13 (a) Each jurisdiction shall report to the Department on its implementation and 14 compliance with the requirements of this chapter. Each jurisdiction shall report to the 15 Department by April 1, 2022 the following information: 16 (1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this 17 chapter. 18
(2) The reporting items identified in Section 18994.2(b). 19 (3) The following contact information: 20
(A) The name, mailing address, phone number, and email address of the 21 employee of the jurisdiction that the jurisdiction has designated as the primary 22 contact person for the purposes of receiving communications regarding 23 compliance with this chapter. 24
(B) The name and address of the agent designated by the jurisdiction for the 25 receipt of service of process from the Department for the purposes of enforcement 26 of this chapter if different from (A) above. 27
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6. 30
Section 18994.2. Jurisdiction Annual Reporting. 31
(a) A jurisdiction shall report the information required in this section to the Department 32 according to the following schedule: 33
(1) On or before October 1, 2022, a jurisdiction shall report for the period of January 34 1, 2022 through June 30, 2022. 35
(2) On or before August 1, 2023, and on or before August 1 each year thereafter, a 36 jurisdiction shall report for the period covering the entire previous calendar year. 37 (b) Each jurisdiction shall report the following, relative to its implementation of the 38 organic waste collection requirements of Article 3 of this chapter: 39 (1) The type of organic waste collection service(s) provided by the jurisdiction to its 40 generators. 41

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(2) The total number of generators that receive each type of organic waste collection 1 service provided by the jurisdiction. 2
(3) If the jurisdiction is implementing an organic waste collection service that requires 3 transport of the contents of containers to a high diversion organic waste processing 4 facility, the jurisdiction shall identify the Recycling and Disposal Reporting System 5 number of each facility that receives organic waste from the jurisdiction. 6 (4) If the jurisdiction allows placement of compostable plastics in containers pursuant 7 to Section 18984.1 or 18984.2, the jurisdiction shall identify each facility that has 8 notified the jurisdiction that it accepts and recovers that material. 9 (5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in 10 containers pursuant to Section 18984.1 or 18984.2 the jurisdiction shall identify each 11 facility that has notified the jurisdiction that it can accept and remove plastic bags 12 when it recovers source separated organic waste. 13
(c) Each jurisdiction shall report the following, relative to its implementation of the 14 contamination monitoring requirements of Article 3 of this chapter: 15 (1) The number of route reviews conducted for prohibited container contaminants. 16 (2) The number of times notices, violations, or targeted education materials were 17 issued to generators for prohibited container contaminants. 18 (3) The results of waste evaluations performed to meet the container contamination 19 minimization requirements and the number of resulting targeted route reviews. 20 (d) Each jurisdiction shall report the following relative to its implementation of waivers 21 pursuant to Article 3 of this chapter: 22
(1) The number of days an emergency circumstances waiver as allowed in Section 23 18984.13 was in effect and the type of waiver issued. 24 (2) The tons of organic waste that were disposed as a result of waivers identified in 25 Subsection (1), except disaster and emergency waivers granted in Section 26 18984.13(b). 27
(3) The number of generators issued a de-minimis waiver. 28 (4) The number of generators issued a physical space waiver. 29 (5) A jurisdiction that receives a waiver from the Department pursuant to Section 30 18984.12 of Article 3 of this chapter shall report the following information for each 31 year the waiver is in effect: 32
(A) The number of generators waived from the requirement to subscribe to an 33 organic waste collection service. 34
(e) A jurisdiction shall report the following regarding its implementation of education and 35 outreach required in Article 4 of this chapter: 36
(1) The number of organic waste generators and edible food generators that received 37 information and the type of education and outreach used. 38 (f) A jurisdiction shall report the following regarding its implementation of the hauler 39 oversight requirements of Article 7 of this chapter: 40 (1) The number of haulers approved to collect organic waste in the jurisdiction. 41 (2) The Recycling and Disposal Reporting System number of each facility that is 42 receiving organic waste from haulers approved by the jurisdiction. 43 (3) The number of haulers that have had their approval revoked or denied. 44

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(g) A jurisdiction subject to article 8 shall report the following regarding its 1 implementation of the CALGreen Building Standards and Model Water Efficient 2 Landscape Ordinance as required in Article 8 of this chapter: 3 (1) The number of construction and demolition debris removal activities conducted in 4 compliance with Section 18989.1. 5
(2) The number of projects subject to Section 18989.2. 6 (h) A jurisdiction shall report the following regarding its implementation of the edible 7 food recovery requirements of Article 10 of this chapter: 8 (1) The number of commercial edible food generators located within the jurisdiction. 9 (2) The number of food recovery services and organizations located and operating 10 within the jurisdiction that contract with or have written agreements with commercial 11 edible food generators for food recovery. 12
(A) A jurisdiction shall require food recovery organizations and services that are 13 located within the jurisdiction and contract with or have written agreements with 14 commercial edible food generators pursuant to Section 18991.3 (b) to report the 15 amount of edible food in pounds recovered by the service or organization in the 16 previous calendar year to the jurisdiction. 17
(3) The jurisdiction shall report on the total pounds of edible food recovered by food 18 recovery organizations and services pursuant to Subdivision (h)(2)(A). 19 (i) A jurisdiction shall report the following regarding its implementation of the organic 20 waste recycling capacity planning and edible food recovery capacity planning 21 requirements of Article 11 of this chapter: 22
(1) A county shall report: 23
(A) The tons estimated to be generated for landfill disposal. 24 (B) The amount of capacity verifiably available to the county and cities within the 25 county. 26
(C) The amount of new capacity needed. 27
(D) The locations identified for new or expanded facilities. 28 (E) The jurisdictions that are required to submit implementation schedules. 29 (F) The jurisdictions that did not provide information required by Article 11 of this 30 chapter to the county within 120 days. 31
(2) Notwithstanding Subdivision (a), the information required by this subdivision shall 32 be reported on the schedule specified in Section 18992.3. 33 (j) A jurisdiction, as defined in Sections 18993.1, shall report the following regarding its 34 implementation of the procurement requirements of Article 12 of this chapter: 35 (1) The amount of each recovered organic waste product procured directly by the 36 city, county, or through direct service providers, or both during the prior calendar 37 year. 38
(2) If the jurisdiction is implementing the procurement requirements of Section 39 18993.1 through an adjusted recovered organic waste product procurement target 40 pursuant to Section 18993.1(j), the jurisdiction shall include in its report the total 41 amount of transportation fuel, electricity, and gas for heating applications procured 42 during the calendar year prior to the applicable reporting period. 43 (k) A jurisdiction shall report the following regarding its implementation of the 44 compliance, monitoring, and enforcement requirements specified in Articles 14-16 of 45 this chapter: 46

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(1) The number of commercial businesses that were included in a compliance review 1 performed by the jurisdiction pursuant to Section 18995.1(a)(1). As well as the 2 number of violations found and corrected through compliance reviews if different from 3 the amount reported in Subdivision (k)(5). 4
(2) The number of route reviews conducted. 5
(3) The number of inspections conducted by type for commercial edible food 6 generators, food recovery organizations, and commercial businesses. 7 (4) The number of complaints pursuant to Section 18995.3 that were received and 8 investigated, and the number of Notices of Violation issued based on investigation of 9 those complaints. 10
(5) The number of Notices of Violation issued, categorized by type of entity subject to 11 this chapter. 12
(6) The number of penalty orders issued, categorized by type of entity subject to this 13 chapter. 14
(7) The number of enforcement actions that were resolved, categorized by type of 15 regulated entity. 16
(l) A jurisdiction shall report any changes to the information described in Sections 17 18994.1(a)(1) and 18994.1(a)(3). 18
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6. 21
Article 14 Enforcement Requirements 22
Section 18995.1. Jurisdiction Inspection Requirements. 23 (a) On or before January 1, 2022, a jurisdiction shall have an inspection and 24 enforcement program that is designed to ensure overall compliance with this chapter 25 and that, at a minimum, includes the following requirements: 26 (1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall 27 conduct the following: 28
(A) If the jurisdiction is using the compliance method described in Section 18984.1 29 or 18984.2 of this division, the jurisdiction shall complete a compliance review of 30 all solid waste collection accounts for commercial businesses that are subject to its 31 authority and that generate two cubic yards or more per week of solid waste, 32 including organic waste. 33

1. The jurisdiction shall also determine compliance with: 34 i. Organic waste generator requirements set forth in Section 18984.9(a). 35 ii. Self-haul requirements set forth in Section 18988.3, including whether a 36 business is complying through back-hauling organic waste. 37

2. Beginning April 1, 2022, the jurisdiction shall either: 38 i. Conduct annual route reviews of commercial businesses and residential 39 generators for compliance with organic waste generator requirements set 40 forth in Section 18984.9(a) and container contamination requirements set 41 forth in Section 18984.5; or 42

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ii. Perform waste evaluations consistent with Section 18984.5(c) to verify 1 commercial businesses and residential generators compliance with organic 2 waste generator requirements set forth in Section 18984.9(a). 3 (B) If a jurisdiction is using the compliance method described in Section 18984.3, 4 the jurisdiction shall conduct a compliance review of all solid waste collection 5 accounts for commercial businesses that are subject to its authority and generate 6 two cubic yards or more per week of solid waste, including organic waste. 7

1. The jurisdiction shall also determine compliance with: 8 i. Organic waste generator requirements set forth in Section 18984.9(a) and 9 document if the business is transporting the contents to a high diversion 10 organic waste processing facility; or 11
ii. Self-hauling requirements pursuant to Section 18988.3, including whether 12 a business is complying through back-hauling organic waste. 13 (2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible 14 food generators and food recovery organizations and services for compliance with 15 this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial 16 edible food generators for compliance with Article 10 of this chapter. 17 (3) Beginning January 1, 2022, investigate complaints as required under Section 18 18995.3. 19
(4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall 20 provide educational material describing the applicable requirements of this chapter in 21 response to violations. 22
(5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to 23 Sections 18995.4 and 18997.2 in response to violations. 24 (6) At least every five years from the date of issuance, verify through inspection that 25 commercial businesses are meeting de minimis and physical space waivers for 26 compliance consistent with the requirements of Section 18984.11. 27 (b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of 28 entities described in this section to adequately determine overall compliance with this 29 chapter. A jurisdiction may prioritize inspections of entities that it determines are more 30 likely to be out of compliance. 31
(c) A jurisdiction shall generate a written or electronic record for each inspection, route 32 review, and compliance review conducted pursuant to this chapter. Each record shall 33 include, at a minimum, the following information: 34
(1) Identifying information for the subject or subjects of the inspection, route review or 35 compliance review, such as, but not limited to: 36
(A) The name or account name of each person or entity. 37 (B) A description of the hauler route and addresses covered by a route review. 38 (C) A list of accounts reviewed for each compliance review. 39 (2) The date or dates the inspection, route review, or compliance review was 40 conducted. 41
(3) The person or persons who conducted the action. 42 (4) The jurisdiction’s findings regarding compliance with this chapter, including any 43 Notices of Violation or educational materials that were issued. 44 (5) Any relevant evidence supporting the findings in Subsection (4) above, such as, 45 but not limited to, photographs and account records. 46

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(6) Route review records shall also include a description of the locations of the route 1 review(s) and the addresses where prohibited container contaminants are found, if 2 any. 3
(d) Documentation of route reviews, compliance reviews, and inspections, as well as all 4 other records of enforcement conducted pursuant to this chapter shall be maintained in 5 the Implementation Record required by Section 18995.2 of this chapter, and shall 6 include, but not be limited to: 7
(1) Copies of all documentation of route reviews, compliance reviews, and 8 inspections. 9
(2) Copies of all enforcement actions required by Section 18995.4 of this chapter, 10 including Notices of Violation and penalty orders. 11
(3) A list of the date(s) that the jurisdiction determined an entity complied with a 12 Notice of Violation and the evidence that supports that compliance determination. 13 (4) Copies of notices and educational material provided as required by this section. 14 (e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct 15 inspections required by this section. 16
(f) Any records obtained by a jurisdiction through its implementation and enforcement of 17 the requirements of this chapter shall be subject to the requirements and applicable 18 disclosure exemptions of the Public Records Act as set forth in Government Code 19 Section 6250 et seq. 20
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 22 Section 39730.6. 23
Section 18995.2. Implementation Record and Recordkeeping Requirements. 24 (a) A jurisdiction shall maintain all records required by this chapter in the 25 Implementation Record. 26
(b) The Implementation Record shall be stored in one central location, physical or 27 electronic, that can be readily accessed by the Department. 28 (c) Upon request by the Department, the jurisdiction shall provide access to the 29 Implementation Record within ten business days. 30
(d) All records and information shall be included in the Implementation Record within 60 31 days of the creation of the record or information. 32
(e) All records shall be retained by the jurisdiction for five years. 33 (f) At a minimum, the following shall be included in the Implementation Record: 34 (1) A copy of all ordinances or other similarly enforceable mechanisms, contracts, 35 and agreements, as required by this chapter. 36
(2) A written description of the jurisdiction's inspection and enforcement program that 37 it uses to comply with Sections 18995.1 and 18995.4. 38 (3) All organic waste collection service records required by Section 18984.4. 39 (4) All contamination minimization records required by Section 18984.6. 40 (5) All waiver and exemption records required by Section 18984.14. 41 (6) All education and outreach records required by Section 18985.3. 42 (7) All hauler program records required by Section 18988.4. 43 (8) All jurisdiction edible food recovery program records required by Section 18991.2. 44

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(9) All recovered organic waste procurement target records required by Section 1 18993.2. 2
(10) All recycled content paper procurement records required by Section 18993.4. 3 (11) All inspection, route review, and compliance review documents generated 4 pursuant to the requirements of Section 18995.1(d). 5
(12) All records of enforcement actions undertaken pursuant to this chapter. 6 (13) All records of complaints and investigations of complaints required by Section 7 18995.3 and compliance with the jurisdiction’s inspection and enforcement 8 requirements of Sections 18995.1. 9
(14) All records required by Section 18998.4 if the jurisdiction is implementing a 10 performance-based source separated organic waste collection service under Article 11 17 of this chapter. 12
(g) All records maintained in the Implementation Record shall be subject to the 13 requirements and applicable disclosure exemptions of the Public Records Act as set 14 forth in Government Code Section 6250 et seq. 15
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 16 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 17 Section 39730.6. 18
Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations. 19 (a) A jurisdiction shall provide a procedure for the receipt and investigation of written 20 complaints of alleged violations of this chapter. The jurisdiction shall allow for the 21 submission of anonymous complaints. 22
(b) The procedure shall provide that complaints be in writing and include the following 23 information: 24
(1) If the complaint is not anonymous, the name and contact information of the 25 complainant. 26
(2) The identity of the alleged violator, if known. 27 (3) A description of the alleged violation including location(s) and all other relevant 28 facts known to the complainant. 29
(4) Any relevant photographic or documentary evidence to support the allegations in 30 the complaint. 31
(5) The identity of any witnesses, if known. 32
(c) A jurisdiction shall commence an investigation within 90 days of receiving a 33 complaint that meets the requirements of Subdivision (b) if the jurisdiction determines 34 that the allegations, if true, would constitute a violation of this chapter. The jurisdiction 35 may decline to investigate a complaint if, in its judgment, investigation is unwarranted 36 because the allegations are contrary to facts known to the jurisdiction. 37 (d)The jurisdiction shall provide a procedure to notify a complainant of the results of 38 their complaint if the identity and contact information of the complainant are known. 39 (e) The jurisdiction shall maintain records of all complaints and responses pursuant to 40 this section in the Implementation Record set forth in Section 18995.2. The records 41 shall include the complaint as received and the jurisdiction’s determination of 42 compliance or notice of violations issued. 43

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Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 1 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 2 Section 39730.6. 3
Section 18995.4. Enforcement by a Jurisdiction. 4
(a) With the exception of violations of the prohibited container contaminants provisions 5 in Section 18984.5(a), which a jurisdiction shall enforce through the notice provisions of 6 Section 18984.5(b), for violations of this chapter occurring on or after January 1, 2024, 7 the jurisdiction shall take enforcement action as set forth in this section. 8 (1) The jurisdiction shall issue a Notice of Violation requiring compliance within 60 9 days of the issuance of that notice. 10
(2) Absent compliance by the respondent within the deadline set forth in the Notice 11 of Violation, the jurisdiction shall commence an action to impose penalties pursuant 12 to Article 16 of this chapter. 13
(b) The jurisdiction may extend the compliance deadlines set forth in a Notice of 14 Violation issued pursuant to Subdivision (a) if it finds that extenuating circumstances 15 beyond the control of the respondent make compliance within the deadlines 16 impracticable. For purposes of this section, extenuating circumstances are: 17 (1) Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or 18 natural disasters; 19
(2) Delays in obtaining discretionary permits or other government agency approvals; 20 and 21
(3) Deficiencies in organic waste recycling capacity infrastructure or edible food 22 recovery capacity, and the relevant jurisdiction is under a Corrective Action Plan 23 pursuant to Section 18996.2 due to those deficiencies. 24 (c) A Notice of Violation shall include the following information: 25 (1) The name(s), or account name(s) if different, of each person or entity to whom it 26 is directed. 27
(2) A factual description of the violations of this chapter, including the regulatory 28 section(s) being violated. 29
(3) A compliance date by which the operator is to take specified action(s). 30 (4) The penalty for not complying within the specified compliance date. 31 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 32 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 33 Section 39730.6. 34
Article 15. Enforcement Oversight by the Department 35
Section 18996.1. Department Evaluation of Jurisdiction Compliance. 36 (a) The Department shall evaluate a jurisdiction’s compliance with this chapter as set 37 forth in this article. 38
(b) In conducting a compliance evaluation, the Department shall review the jurisdiction’s 39 Implementation Record and may conduct inspections, compliance reviews, and route 40 reviews. 41

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(c) The Department shall notify the jurisdiction prior to conducting a compliance 1 evaluation. 2
(d) The Department shall provide its findings to the jurisdiction in writing. 3 (e) If the Department determines at any time that an ordinance adopted by a jurisdiction 4 is inconsistent with or does not meet the requirements set forth in this chapter, the 5 Department shall notify the jurisdiction and provide an explanation of the deficiencies. 6 The jurisdiction shall have 180 days from that notice to correct the deficiencies. If the 7 jurisdiction does not, the Department shall commence enforcement actions as set forth 8 in Section 18996.2. 9
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12
Section 18996.2. Department Enforcement Action Over Jurisdictions. 13 (a) The Department shall enforce this chapter according to the following procedures: 14 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 15 issuance of that notice. The Department shall grant an extension for up to a total of 16 180 days from the date of issuance of the Notice of Violation if it finds that additional 17 time is necessary for the jurisdiction to comply. 18
(2) The Department shall extend the deadline for a jurisdiction to comply beyond the 19 maximum compliance deadline allowed in Subdivision (a)(1) by issuing a Corrective 20 Action Plan setting forth the actions a jurisdiction shall take to correct the violation(s). 21 A Corrective Action Plan shall be issued if the Department finds that additional time is 22 necessary for the jurisdiction to comply and the jurisdiction has made a substantial 23 effort to meet the maximum compliance deadline but extenuating circumstances 24 beyond the control of the jurisdiction make compliance impracticable. The 25 Department shall base its finding on available evidence, including relevant evidence 26 provided by the jurisdiction. 27
(A) If a jurisdiction is unable to comply with the maximum compliance deadline 28 allowed in Subdivision (a)(1) due to deficiencies in organic waste recycling 29 capacity infrastructure, the Department shall issue a Corrective Action Plan for 30 such violations upon making a finding that: 31

1. Additional time is necessary for the jurisdiction to comply; and 32

2. The jurisdiction has provided organic waste collection service to all hauler 33 routes where it is practicable and the inability to comply with the maximum 34 compliance deadline in Subdivision (a)(1) is limited to only those hauler routes 35 where organic waste recycling capacity infrastructure deficiencies have caused 36 the provision of organic waste collection service to be impracticable. 37

3. The Department shall, if applicable, consider implementation schedules, as 38 described in Section 18992.1, for purposes of developing a Corrective Action 39 Plan but shall not be restricted in mandating actions to remedy violation(s) and 40 developing applicable compliance deadline(s) to those provided in the 41 Implementation Schedule. 42
(B) For the purposes of this section, “substantial effort” means that a jurisdiction 43 has taken all practicable actions to comply. Substantial effort does not include 44

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circumstances where a decision-making body of a jurisdiction has not taken the 1 necessary steps to comply with the chapter including, but not limited to, a failure to 2 provide adequate staff resources to meet its obligations under this chapter, a 3 failure to provide sufficient funding to ensure compliance, or failure to adopt the 4 ordinance(s) or similarly enforceable mechanisms under Section 18981.2. 5 (C) For the purposes of this section, “extenuating circumstances” are: 6

1. Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 7 emergencies or natural disasters. 8

2. Delays in obtaining discretionary permits or other government agency 9 approvals. 10

3. An organic waste recycling infrastructure capacity deficiency requiring more 11 than 180 days to cure. 12
(3) A Corrective Action Plan shall be issued by the Department with a maximum 13 compliance deadline no more than 24 months from the date of the original Notice of 14 Violation and shall include a description of each action the jurisdiction shall take to 15 remedy the violation(s) and the applicable compliance deadline(s) for each action. 16 The Corrective Action Plan shall describe the penalties that may be imposed if a 17 jurisdiction fails to comply. 18
(A) An initial Corrective Action Plan issued due to inadequate organic waste 19 recycling infrastructure capacity may be extended for a period of up to 12 months 20 if the department finds that the jurisdiction has demonstrated substantial effort. 21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6. 24
Section 18996.3. Department Enforcement When Jurisdiction Fails to Enforce. 25 The Department shall take direct enforcement action against an entity subject to a 26 jurisdiction’s enforcement authority under this chapter consistent with the following 27 requirements: 28
(a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension 29 thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as 30 required by this chapter, the Department shall take direct enforcement action against 31 that entity pursuant to Section 18996.9 upon the Department’s compliance with 32 Subdivision (b). 33
(b) Prior to initiating enforcement action under Section 18996.9 against the entity, the 34 Department shall notify the jurisdiction in writing of its intent to do so and shall include a 35 general description of the grounds for the Department’s action. 36 (c) Nothing in this section shall be construed as a limitation on the Department taking 37 enforcement action against the jurisdiction for a failure to comply with the requirements 38 of this chapter. 39
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 40 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 41 Section 39730.6. 42

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Section 18996.4. Access for Inspection by the Department. 1 (a) Upon presentation of proper credentials, an authorized Department employee or 2 agent shall be allowed to enter the premises of any entity subject to this chapter during 3 normal working hours to conduct inspections and investigations in order to examine 4 organic waste recovery activities, edible food recovery activities, and records in order to 5 determine compliance with this chapter. Methods may include, but are not limited to, 6 allowing the review or copying or both, of any paper, electronic, or other records 7 required by this chapter. 8
(1) This subdivision is not intended to permit an employee or agent of the Department 9 to enter a residential property. 10
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13
Section 18996.5. Enforcement Actions Against Organic Waste Generators 14 Located In Multiple Jurisdictions. 15
(a) In matters of substantial statewide concern, where multiple jurisdictions determine 16 that Department enforcement may be more effective at achieving the intent of this 17 chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, 18 together, file a joint enforcement referral under this section. 19 (b) The joint referral may request that the Department take enforcement action in lieu of 20 those jurisdictions against an organic waste generator or generators, including a 21 commercial edible food generator or generators, with locations, at minimum, in each of 22 those jurisdictions. 23
(c) The joint referral shall be filed with the director of CalRecycle and shall include: 24 (1) A statement of facts that includes a description of the following: 25 (A) The relevant locations of the organic waste generator or generators at issue; 26 (B) The alleged violations of this chapter, the locations of those violations, and the 27 relevant regulatory sections; and 28
(C) All evidence known to the jurisdictions that supports the allegations in the 29 statement of facts. 30
(2) An analysis of the following issues: 31
(A) Why the relevant enforcement matter is of substantial statewide concern; and 32 (B) The basis of the finding by the jurisdictions that Department enforcement 33 against the relevant organic waste generator or generators will be more effective 34 at achieving the intent of this chapter than separate enforcement by each 35 jurisdiction. 36
(3) A signature from the person in each jurisdiction responsible for compliance with 37 this chapter, as currently reported to the Department in Article 13, certifying that the 38 allegations contained in the referral are true and correct to the best of their 39 knowledge. 40
(d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to 41 this section and Section 18996.9 upon a finding that: 42 (1) The referral meets the requirements of this section and includes credible evidence 43 supporting all of the factual allegations therein; 44

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(2) The relevant enforcement matter described in the joint referral is of substantial 1 regional or statewide concern; and 2
(3) Department enforcement action against the relevant organic waste generator will 3 be more effective at achieving the goals of this chapter than separate enforcement by 4 each jurisdiction. 5
(e) The Department shall respond, in writing, to the joint referral with a determination as 6 to whether it will take enforcement action against the relevant generator in lieu of the 7 jurisdictions. 8
(1) If the Department agrees to take enforcement action pursuant to a joint referral, 9 the Department shall issue a written order to the relevant jurisdictions mandating 10 suspension of their individual enforcement actions against the relevant organic waste 11 generator or generators. 12
(2) If the Department fails to respond to a joint referral within 90 days of receipt, the 13 joint referral shall be deemed denied. 14
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 15 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 16 Section 39730.6. 17
Section 18996.6. Department Enforcement Action Regarding State Agencies. 18 (a) If the Department finds that a state agency is violating Article 5 or Article 10 of this 19 chapter, then the Department shall take the following actions: 20 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 21 issuance of that notice. The Department shall grant an additional extension up to 180 22 days fro m the date of issuance of the Notice of Violation if it finds that additional time 23 is necessary for the state agency to comply. The Department shall base its finding on 24 available evidence, including relevant evidence provided by the state agency. 25 (2) If a state agency fails to comply by the final deadline in a Notice of Violation, the 26 Department shall take the following actions: 27
(A) List the state agency on the Organic Waste Recovery Noncompliance 28 Inventory on the Department’s website until such time as the Department finds that 29 the state agency is no longer in violation. 30
(B) Notify the Governor. 31
(C) Notify the Legislature. 32
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 33 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 34 Section 39730.6. 35
Section 18996.7. Department Enforcement Action Regarding Local Education 36 Agencies and Federal Facilities. 37
(a) If the Department finds that a local education agency or federal facility is violating 38 this chapter, the Department shall issue a Notice of Violation requiring compliance 39 within 90 days. The Department shall grant an additional extension up to 180 days from 40 the date of issuance of the Notice of Violation if it finds that additional time is necessary 41 for the local education agency or federal facility to comply. The Department shall base 42

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its finding on available evidence, including relevant evidence provided by the local 1 education agency or federal facility. If the local education agency or federal facility fails 2 to comply with the final deadline in a Notice of Violation, the Department shall list the 3 local education agency or federal facility on the Organic Waste Recovery 4 Noncompliance Inventory on its website until such time as the Department determines 5 that the local education agency or federal facility is no longer in violation. 6 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 7 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 8 Section 39730.6. 9
Section 18996.8. Department Investigation of Complaints of Alleged Violations. 10 (a) The Department shall receive and investigate written complaints of alleged violations 11 of this chapter according to the requirements of this section. 12 (b) Complaints may be submitted anonymously, shall be submitted in writing, and shall 13 include the following information. 14
(1) If the complaint is not anonymous, the name and contact information of the 15 complainant. 16
(2) The identity of the alleged violator, if known. 17 (3) A description of the alleged violation including location(s) and all other relevant 18 facts known to the complainant. 19
(4) Any relevant photographic or documentary evidence to support the allegations in 20 the complaint. 21
(5) The identity of any witnesses, if known. 22
(c) The Department shall commence an investigation within 90 days of receiving a 23 complaint that meets the requirements of Subdivision (b) if the Department determines 24 the allegations, if true, would constitute a violation of this chapter subject to the 25 enforcement authority of the Department. The Department may decline to investigate a 26 complaint if, in its judgment, investigation is unwarranted because the allegations are 27 contrary to facts known to the Department. The Department shall notify the complainant 28 of the results of the investigation if the identity and contact information of the 29 complainant are known. 30
(d) If the Department receives a complaint about a violation within the enforcement 31 authority of a jurisdiction, it shall refer the complaint to the jurisdiction for investigation 32 under Section 18995.3. 33
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5and Health and Safety Code 35 Section 39730.6. 36
Section 18996.9. Department Enforcement Actions Against Entities. 37 (a) The Department shall take enforcement action against the following entities pursuant 38 to the requirements of this section when a jurisdiction has failed to enforce this chapter 39 as determined under Section 18996.3, or lacks the authority to enforce this chapter: 40 (1) Organic waste generators, commercial edible food generators, haulers, and food 41 recovery organizations and services; and 42

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(2) A non-local entity that is not subject to Section 18996.6 or 18996.7. 1 (b) Violations of this chapter that are subject to this section shall be enforced as follows: 2 (1) For a first violation: 3
(A) The Department shall issue a Notice of Violation requiring compliance within 4 60 days of the issuance of that notice. 5
(B) If the violation continues after the compliance deadline in the Notice of 6 Violation, the Department shall issue a Notice and Order to Correct requiring 7 compliance within 30 days of issuance of that Notice and Order. The Notice and 8 Order to Correct shall inform the respondent that the Department shall impose 9 penalties upon failure to comply by the deadline in that Notice and Order. 10 (C) If the violation continues after the compliance deadline in the Notice and Order 11 to Correct, the Department shall commence action to impose penalties pursuant to 12 Section 18997.5. 13
(2) For a second or subsequent violation occurring within 5 years of a first violation: 14 (A) The Department shall issue a Notice and Order to Correct requiring 15 compliance within 30 days of the issuance of that Notice and Order. The Notice 16 and Order to Correct shall inform the respondent that the Department may impose 17 penalties upon failure to comply by the deadline in that Notice and Order. 18 (B) If the violation continues after the compliance deadline in the Notice and Order 19 to Correct, the Department shall commence action to impose penalties pursuant to 20 Section 18997.5. 21
(c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes 22 the following findings based on available evidence, including relevant evidence provided 23 by the respondent: 24
(1) Additional time is necessary to comply. 25
(2) Extenuating circumstances beyond the control of the respondent make 26 compliance impracticable. For the purposes of this section, “extenuating 27 circumstances” are: 28
(A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 29 emergencies or natural disasters. 30
(B) Delays in obtaining discretionary permits or other government agency 31 approvals. 32
(C) An organic waste recycling infrastructure capacity deficiency and the 33 jurisdiction within which the respondent is located is subject to a Corrective Action 34 Plan pursuant to Section 18996.2 due to such deficiencies. 35 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 36 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 37 Section 39730.6. 38
Article 16. Administrative Civil Penalties 39
Section 18997.1. Scope. 40
(a) Administrative civil penalties for violations of this chapter shall be imposed 41 consistent with the requirements of this Article as authorized by Public Resources Code 42 Section 42652.5. 43

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(b) A jurisdiction shall adopt ordinance(s) or enforceable mechanisms to impose 1 penalties as prescribed in Section 18997.2. 2
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 3 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 4 Code Section 39730.6 5
Section 18997.2. Penalty Amounts. 6
(a) A jurisdiction shall impose penalties for violations of the requirements of this chapter 7 consistent with the applicable requirements prescribed in Government Code Sections 8 53069.4, 25132 and 36900. The penalty levels shall be as follows: 9 (1) For a first violation, the amount of the base penalty shall be $50-$100 per 10 violation. 11
(2) For a second violation, the amount of the base penalty shall be $100-$200 per 12 violation. 13
(3) For a third or subsequent violation, the amount of the base penalty shall be $250-14 $500 per violation. 15
(b) Nothing in this section shall be construed as preventing a jurisdiction from revoking, 16 suspending, or denying a permit, registration, license, or other authorization consistent 17 with local requirements outside the scope of this chapter in addition to the imposition of 18 penalties authorized under this section. 19
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5, Health and Safety Code Section 21 39730.6 and Government Code Sections 25132, 36900 and 53069.4. 22 Section 18997.3 Department Penalty Amounts. 23
(a) Penalties shall be imposed administratively in accordance with the requirements set 24 forth in this section. 25
(b) Penalties, except for violations specified in subdivision (d), shall be assessed as 26 follows: 27
(1) A “Minor” violation means a violation involving minimal deviation from the 28 standards in this chapter, where the entity failed to implement some aspects of a 29 requirement but has otherwise not deviated from the requirement. The penalties for 30 this type of violation shall be no less than five hundred dollars ($500) per violation 31 and no more than four thousand dollars ($4,000) per violation per day. 32 (2) A “Moderate” violation means a violation involving moderate deviation from the 33 standards in this chapter. A violation which is not a minor violation or a major 34 violation shall be a moderate violation. The penalties for this type of violation shall be 35 no less than four thousand dollars ($4,000) per violation and shall be no more than 36 seven thousand five hundred dollars ($7,500) per violation per day. 37 (3) A “Major” violation means a violation that is a substantial deviation from the 38 standards in this chapter that may also be knowing, willful or intentional or a chronic 39 violation by a recalcitrant violator as evidenced by a pattern or practice of 40 noncompliance. The penalties for this type of violation shall be no less than seven 41 thousand five hundred dollars ($7,500) per violation per day and no more than ten 42

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thousand dollars ($10,000) per violation per day. For purposes of this subsection, a 1 major violation shall always be deemed to include the following types of violations: 2 (A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism 3 for organic waste disposal reduction and edible food recovery. 4 (B) A jurisdiction fails to have a provision in a contract, agreement, or other 5 authorization that requires a hauler to comply with the requirements of this 6 chapter. 7
(C) A jurisdiction fails to have an edible food recovery program. 8 (D) A jurisdiction fails to have any Implementation Record. 9 (E) A jurisdiction implements or enforces an ordinance, policy, procedure, 10 condition, or initiative that is prohibited under Sections 18990.1 or 18990.2. 11 (F) A jurisdiction fails to submit the reports required in Sections 18994.1 and 12 18994.2. 13
(c) Once the penalty range has been determined pursuant to Subdivision (b), the 14 following factors shall be used to determine the amount of the penalty for each violation 15 within that range: 16
(1) The nature, circumstances, and severity of the violation(s). 17 (2) The violator’s ability to pay. 18
(3) The willfulness of the violator's misconduct. 19
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. 20 (5) Evidence of any economic benefit resulting from the violation(s). 21 (6) The deterrent effect of the penalty on the violator. 22 (7) Whether the violation(s) were due to conditions outside the control of the violator. 23 (d) For violations of the Recovered Organic Waste Product Procurement requirements 24 in Section 18993.1, where a jurisdiction fails to procure a quantity of recovered organic 25 waste products that meets or exceeds its recovered organic waste product procurement 26 target, the Department shall determine penalties under this Subdivision (d) based on the 27 following: 28
(1) The Department shall calculate the jurisdiction’s daily procurement target 29 equivalent by dividing the procurement target by 365 days. 30 (2) The Department shall determine the number of days a jurisdiction was in 31 compliance by dividing the total amount of recovered organic waste products 32 procured by the daily procurement target equivalent. 33 (3) The Department shall determine the number of days a jurisdiction was out of 34 compliance with the procurement target by subtracting the number of days calculated 35 in Subdivision (d)(2) from 365 days. 36
(4) The penalty amount shall be calculated by determining a penalty based on the 37 factors in Subdivision (c) above, and multiplying that number by the number of days 38 determined according to Subdivision (d)(3). The penalty amount shall not exceed 39 $10,000 per day. 40
(e) Notwithstanding Subdivisions (a)-(d) if the Department sets a penalty amount for 41 multiple violations of this chapter, the aggregated penalty amount for all violations shall 42 not exceed the amount authorized in Section 42652.5 of the Public Resources Code. 43 (f) Nothing in this section shall be construed as authorizing the Department to impose 44 penalties on residential organic waste generators. 45
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 46

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Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 1 Code Section 39730.6. 2
Section 18997.4. Organic Waste Recovery Noncompliance Inventory. 3 (a) If the Department finds that a state agency, local education agency, or federal facility 4 has failed to meet the final deadline in a Notice of Violation issued under this chapter, 5 the Department shall send a notice stating that the Department has placed the 6 respondent on the Organic Waste Recovery Noncompliance Inventory listed on its 7 website. The Department may remove the respondent from the Organic Waste 8 Recovery Noncompliance Inventory upon a finding, based on available evidence, that 9 the respondent is no longer in violation of this chapter. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6. 13
Section 18997.5. Department Procedure for Imposing Administrative Civil 14 Penalties. 15
(a) The Department shall commence an action to impose administrative civil penalties 16 by serving an accusation on a jurisdiction, person and/or entity, and a notice informing 17 the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to 18 Section 18997.6. 19
(b) The accusation and all accompanying documents may be served on the 20 respondent(s) by one of the following means: 21
(1) Personal service; 22
(2) Substitute service by using the same service procedures as described in Section 23 415.20 of the Code of Civil Procedure; 24
(3) Certified Mail or registered mail; or 25
(4) Electronically, with the consent of the respondent(s). 26 (c) Upon receipt of the accusation, the respondent shall file a request for hearing with 27 the director of the Department within 15 days or the respondent will be deemed to have 28 waived its right to a hearing. 29
(d) The Department shall schedule a hearing within 30 days of receipt of a request for 30 hearing that complies with the requirements of this section. 31 (e) The hearing shall be held before the director of the Department, or the director’s 32 designee, within 90 days of the scheduling date. 33
(f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a 34 penalty order in the amount described in the accusation. 35 (g) The director of the Department, or the director’s designee, shall issue a written 36 decision within 60 days of the conclusion of the hearing. 37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6. 40

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Section 18997.6. Department Procedures for Hearings and Penalty Orders. 1 (a) A hearing required under this chapter shall be conducted by the director of the 2 Department, or the director’s designee, in accordance with the informal hearing 3 requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of 4 Division 3 of Title 2 of the Government Code. 5
(b) A penalty order issued under Section 18997.5 shall become effective and final upon 6 issuance thereof, and payment shall be due within 30 days of issuance, unless 7 otherwise ordered by the director or the director’s designee. A penalty order may be 8 served by any method described in Section 18997.5(b). 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 11 Section 39730.6. 12
Article 17: Performance-Based Source Separated Organic Waste 13 Collection Service 14
Section 18998.1. Requirements for Performance-Based Source Separated 15 Collection Service. 16
(a) If a jurisdiction implements a performance-based source separated organic waste 17 collection service it shall: 18
(1) Provide a three-container organic waste collection service consistent with Section 19 18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial 20 businesses and 90 percent of the residential sector subject to the jurisdiction’s 21 authority. 22
(2) Transport the contents of the source separated organic waste collection stream to 23 a designated source separated organic waste facility. 24 (3) Ensure that the presence of organic waste in the gray container collection stream 25 does not exceed an annual average of 25 percent by weight. 26 (A) The annual average percent of organic waste present in the gray container 27 collection stream shall be determined by the results of waste evaluations 28 performed by the jurisdiction pursuant to Section 18984.5. 29 (B) The annual average percent of organic waste present in a jurisdiction’s gray 30 container collection stream is the average of the results of the gray container 31 waste collection stream samples performed by the jurisdiction in the immediately 32 previous four quarters pursuant to Section 18984.5. 33
(4) Provide collection service to organic waste generators subject to their authority. 34 Consistent with Section 18984.1, a jurisdiction shall not require commercial 35 businesses or residents to request solid waste collection service prior to enrollment. 36 (5) Notify the Department pursuant to Section 18998.3. 37 (b) Jurisdictions that delegate collection services to a designee shall include in their 38 contracts or agreements with the designee a requirement that all haulers transport the 39 source separated organic waste collection stream collected from generators subject to 40 the authority of a jurisdiction to a designated source separated organic waste facility. 41 (c) If a jurisdiction fails to meet the requirements of this section after notifying the 42 Department in accordance with Section 18998.3, the jurisdiction shall implement an 43 organic waste collection service that complies with the requirements of Article 3 of this 44

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chapter. The jurisdiction shall be subject to the applicable enforcement processes 1 outlined in this chapter until services that comply with Article 3 are provided to 2 generators, and the jurisdiction shall not be eligible for the compliance exceptions in 3 Section 18998.2. 4
(d) A hauler providing a performance-based source separated collection service is not 5 required to comply with the provisions of Section 18988.2 in jurisdictions implementing 6 this service, but shall comply with the following in jurisdictions implementing this service: 7 (1) Only transport the source separated organic waste collection stream to a 8 designated source separated organic waste recycling facility, 9 (2) Keep a record of the documentation of its approval by the jurisdiction. 10 (e) The requirements of Subdivision (d) are not applicable to: 11 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, 12 commencing with Section 41950 of the Public Resources Code, transports source 13 separated organic waste to a community composting site; or 14 (2) A hauler that is lawfully transporting construction and demolition debris in 15 compliance with Section 18989.1. 16
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 17 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 18 Section 39730.6. 19
Section 18998.2. Compliance Exceptions. 20
(a) If a jurisdiction implements a performance-based source separated collection service 21 that meets the requirements of Section 18998.1(a), the jurisdiction shall not be subject 22 to the following: 23
(1) The collection requirements in Sections 18984.2 and 18984.3. 24 (2) The container labeling requirements in Section 18984.8, and waivers in Section 25 18984.11. 26
(3) The recordkeeping requirements in Sections 18984.4, and 18984.14. 27 (4) The organic waste recovery education and outreach requirements in Section 28 18985.1. 29
(5) The recordkeeping requirements in Section 18985.3 except as related to edible 30 food recovery education and outreach performed under Section 18985.2. 31 (6) The regulation of haulers in Article 7 of this chapter. 32 (7) The jurisdiction annual reporting requirements in Section 18994.2(c)(1)-(2), (d)-(f) 33 and (k). 34
(8) The jurisdiction inspection and enforcement requirements in Sections 18995.1, 35 except for the provisions related to edible food generators and food recovery 36 organizations and services in that section. 37
(9) The implementation record and recordkeeping requirements in Section 38 18995.2(f)(3)-(7). Implementation Records requirements in Section 18995.2(f)(11)-39 (13) shall only be required for inspections and enforcement related to edible food 40 generators and food recovery organizations and services. 41 (10) The jurisdiction investigation of complaints of alleged violations requirements in 42 Section 18995.3, except as it pertains to entities subject to the edible food recovery 43 requirements of Article 10 of this chapter. 44

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(11) The jurisdiction enforcement requirements in Section 18995.4, except as it 1 pertains to entities subject to the edible food recovery requirements of Article 10 of 2 this chapter. 3
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 5 Section 39730.6. 6
Section 18998.3. Notification to Department. 7
(a) A jurisdiction that will implement a performance-based source separated collection 8 service beginning in 2022 shall notify the Department on or before January 1, 2022. A 9 jurisdiction that will implement a performance-based source separated collection system 10 in any subsequent year shall notify the Department on or before January 1 of that year. 11 (b) The notification shall include the following information: 12 (1) The name of the jurisdiction. 13
(2) Date the jurisdiction will start providing the performance-based source -separated 14 collection service. 15
(3) Contact information for the jurisdiction, including the name, address and 16 telephone number of the representative of the jurisdiction with primary responsibility 17 for ensuring compliance with this article. 18
(4) The address within the jurisdiction where all records required by this chapter are 19 maintained. 20
(5) A list of each designated source separated organic waste facility, landfill disposal 21 facility and any other solid waste facility and their Recycling and Disposal Reporting 22 System number for any facility that will be receiving solid waste directly from the 23 jurisdiction. 24
(6) The name of any designee the jurisdiction has delegated responsibilities to 25 pursuant to Section 18998.1 and any relevant documentation demonstrating the 26 designee’s obligation to comply with the provisions of this article. 27 (7) A statement by the representative of the jurisdiction with primary responsibility for 28 ensuring compliance with this article, under penalty of perjury, that all information 29 contained in the notification is true and correct to the best of their knowledge and 30 belief. 31
(8) The percent of commercial businesses and the percent of the residential sector 32 currently enrolled in organic waste collection services provided by the jurisdiction. 33 (c) In the initial report to the department required in Section 18994.1, a jurisdiction 34 implementing a performance-based source separated organic waste collection service 35 shall certify that at least 90 percent of the commercial businesses and 90 percent of the 36 residential sector subject to the jurisdiction’s authority are enrolled in a collection service 37 that complies with the requirements of Section 18998.1. 38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6. 41

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Section 18998.4. Recordkeeping. 1
A jurisdiction implementing a performance-based source separated organic waste 2 collection service pursuant to this article shall maintain the following information and 3 documents in the Implementation Record required by Section 18995.2: 4 (a) The geographical area each designee serves. 5
(b) If a designee is used, a copy of the contract or agreement for each designee 6 specifying the requirement that all haulers transport the source separated organic waste 7 collection stream collected from generators subject to the jurisdiction’s authority to a 8 designated source separated organic waste facility. 9
(c) Records evidencing compliance with Section 18998.1(a) including, but not limited to: 10 (1) A current list of generator addresses subject to the authority of the jurisdiction. 11 (2) A current list of generator addresses subject to the authority of the jurisdiction that 12 are served with a performance-based source separated organic waste collection 13 service. 14
(3) A current list of generator addresses within the jurisdiction that the jurisdiction 15 does not require to use the performance-based source separated organic waste 16 collection service. 17
(4) Documentation of the enrollment system used by the jurisdiction consistent with 18 Section 18998.1(a)(4). 19
(d) A jurisdiction implementing a performance-based source separated organic waste 20 collection service is still required to maintain the following records specified in Section 21 18995.2: 22
(1) Records required by (f)(1). 23
(2) Records required by (f)(2) and (6) as they pertain to the edible food recovery 24 requirements chapter. 25
(3) Records required by (f)(8)-(10). 26
(4) Records required by (f)(11)-(13) as they pertain to the edible food recovery 27 requirements of this chapter. 28
Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6. 31
Title 27. Environmental Protection 32
Division 2. Solid Waste 33
34 Chapter 3. Criteria for All Waste Management Units, 35 Facilities, and Disposal Sites 36
Subchapter 4. Criteria for Landfills and Disposal Sites 37

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Article 3: CIWMBCalRecycle—Handling, Equipment, and Maintenance 1 §20750.1. CalRecycle– Organic Waste Handling. 2
(a) For new or expanding solid waste landfills, the operator shall implement organic 3 waste recovery activities, as approved by the EA. Organic waste recovery activities 4 shall be confined to specified, clearly identifiable areas of the site and shall be arranged 5 to minimize health and safety hazard, vector harborage, or other hazard or nuisance, 6 and be limited to a volume and storage time as approved by the EA. 7 (1) An operator only accepting solid wastes that have already been processed 8 through a high diversion organic waste processing facility or a designated source 9 separated organic waste facility does not need to implement organic waste recovery 10 activities. 11
(b) For the purposes of this section “organic waste recovery activities” means activities 12 that divert organic waste from landfill disposal to activities that constitute a reduction of 13 landfill disposal of organic waste as defined in Article 2 of Chapter 12 of Division 7 of 14 Title 14 of the California Code of Regulations (commencing with Section 18983.1), 15 either on-site or transport to another site where those activities occur. 16 (c) For the purposes of the section, “expanding” means a solid waste landfill proposing 17 to make a significant change to the design or operation as determined by the EA 18 pursuant to 27 CCR Section 21665. 19
(1) Changing the hours of operation of a landfill is not considered an expansion 20 pursuant to 27 CCR Section 20750.1(c). 21
Note: 22
Authority cited: Section 40502 and 43020, Public Resources Code. 23 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 24 Section 39730.6, Health and Safety Code. 25
Chapter 4. Documentation and Reporting for Regulatory 26 Tiers, Permits, WDRs, and Plans 27
Subchapter 3: Development of Waste Discharge Requirements 28 (WDRs) and Solid Waste Facility Permits 29
Article 2. CalRecycle— Applicant Requirements 30
§21570. CalRecycle—Filing Requirements. 31
(a) Any operator of a disposal site who is required to have a full solid waste facilities 32 permit and waste discharge requirements pursuant to Public Resources Code, Division 33 31 and §20080(f) shall submit an application package for a solid waste facilities permit 34 in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit 35 one copy of the application form and the Joint Technical Document (JTD) to the 36 Regional Water Quality Control Board (RWQCB) and one copy of the application form 37 to the director of the local agency that oversees local land use planning for the 38

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jurisdiction in which the site is located. The applicant shall ensure demonstration of 1 financial assurances to CalRecycle pursuant to Chapter 6 of this Subdivision. 2 (b) All other applicants who are required to have a full solid waste facilities permit shall 3 submit an application package for a solid waste facilities permit in duplicate to the EA 4 pursuant to ¶(f) and one copy of the application form to the director of the local agency 5 that oversees local land use planning for the jurisdiction in which the site is located. The 6 applicant shall also simultaneously submit one copy of the application form to the 7 RWQCB. 8
(c) Any application package submitted to the EA shall be accompanied by the fee 9 specified by the EA pursuant to Public Resources Code §44006(c). 10 (d) The application package shall require that information be supplied in adequate detail 11 to permit thorough evaluation of the environmental effects of the facility and to permit 12 estimation of the likelihood that the facility will be able to conform to the standards over 13 the useful economic life of the facility. The application package shall require, among 14 other things, that the applicant and the owner give the address at which process may be 15 served upon them. 16
(e) All information in the application package shall be certified by the applicant and the 17 owner of the site as being true and accurate to the best knowledge and belief of each. 18 The applicant, owner of the facility, or both, shall supply additional information as 19 deemed necessary by the EA. 20
(f) A complete and correct application package shall include, but not necessarily be 21 limited to, the following items: 22
(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements 23 Form CIWMBCalRecycle E-1-77 (Version 11-15 8-04) (Appendix 1); and 24 (2) Complete and correct Report of Facility Information. In the case of disposal sites, 25 this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or ana 26 Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and 27 (3) California Environmental Quality Act (CEQA) compliance information as follows: 28 (A) Evidence that there has been compliance with the CEQA, Division 13 29 (commencing with §21000) of the Public Resources Code, regarding the facility; or 30 (B) Information on the status of the application’s compliance with the CEQA 31 regarding the facility, including the proposed project description. Once there has 32 been compliance with the CEQA regarding the facility, evidence of compliance 33 shall be submitted to the EA; and 34
(4) Any CEQA Mitigation Monitoring Implementation Schedule; and 35 (5) Conformance finding information, including one of the following: 36 (A) Until a countywide or regional agency integrated waste management plan has 37 been approved by CalRecycle, the application shall include statements that: the 38 facility is identified and described in or conforms with the County Solid Waste 39 Management Plan, or otherwise complies with Public Resources Code §50000; 40 and that the facility is consistent with the city or county General Plan and 41 compatible with surrounding land use, in accordance with Public Resources Code 42 §50000.5; or 43
(B) After a countywide or regional agency integrated waste management plan has 44 been approved by CalRecycle, the application shall include a statement that: the 45 facility is identified in either the countywide siting element, the nondisposal facility 46

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element, or in the Source Reduction and Recycling Element for the jurisdiction in 1 which it is located; or, that the facility is not required to be identified in any of these 2 elements pursuant to Public Resources Code §50001; and 3 (6) For disposal sites, completeness determination of Preliminary or Final 4 Closure/Postclosure Maintenance Plan as specified in §§21780, 21865, and 21890 5 (Subchapter 4 of this chapter); and 6
[Note: The operator has the option of submitting the preliminary closure plan with the 7 JTD, in which case the EA, RWQCB, and CalRecycle would review it at the same 8 time. If deemed complete by the reviewing agencies, the solid waste facilities permit 9 application package could then be accepted for filing if all other information in the 10 JTD is accepted by the EA. Or the operator can submit a stand alone preliminary 11 closure plan to be deemed complete by reviewing agencies before the application 12 package is submitted to the EA. For CalRecycle purposes, all final 13 closure/postclosure plans are stand alone documents but can be processed jointly 14 with a proposed solid waste facilities permit revision as long as the final plan is 15 determined complete prior to approval of the proposed solid waste facilities permit. 16 The JTD Index prepared for the EA should show where each closure requirement is 17 addressed in the closure/post-closure plan.] 18
(7) For disposal sites, a copy of the most recently submitted detailed written estimate 19 or latest approved estimate, whichever identifies the greatest cost, to cover the cost 20 of known or reasonably foreseeable corrective action activities, pursuant to §22101; 21 (8) For disposal sites, current documentation of acceptable funding levels for required 22 closure, postclosure maintenance, and corrective action Financial Assurance 23 Mechanisms (in accordance with Chapter 6, Division 2); and 24 (9) For disposal sites, current documentation of compliance with operating liability 25 requirements in accordance with Chapter 6; 26
(10) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial 27 survey to be completed at least once every five years or more frequently as 28 determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a 29 ground or aerial survey must be completed at least once every ten years. Survey 30 results must be submitted as a CADD or vector graphics data file including at least 31 two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a 32 stratum showing the existing and finished ground surfaces. For disposal sites where 33 a change in permitted volume is proposed, a third stratum showing the base and 34 proposed finished ground surface must be included. For each stratum the following 35 information shall be included: site name, stratum name, surface1 name, surface2 36 name, volume calculation method (grid, composite, section), expansion (cut) factor, 37 compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be 38 reported in cubic yards. If the base ground surface is uncertain, the operator is 39 allowed to provide the best available information as a substitute for the actual as-built 40 contours. If selecting this substitute method, the operator must provide an 41 explanation of the basis for using the substitute base ground surface. For the 42 purposes of this section the following definitions apply: 43 (A) "base ground surface" - the best available excavation plan surface that existed 44 prior to the placement of any waste; 45
(B) "CADD" - computer aided design and drafting; 46

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(C) "compaction (fill) factor" - the factor used to correct for expected compaction of 1 fill material; this factor should normally be unity (one); if the factor is not unity 2 (one), an explanation must be provided for the basis of the volumetric correction; 3 (D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface 4 to achieve the upper surface; 5
(E) "existing ground surface" - the topography that exists at the time of the subject 6 survey; 7
(F) "expansion (cut) factor" - the factor used to correct for expected expansion of a 8 cut surface; this factor should normally be unity (one); if the factor is not unity 9 (one), an explanation must be provided for the basis of the volumetric correction; 10 (G) "fill volume" - for any stratum, the volume bound between the upper and lower 11 surfaces; 12
(H) "finished ground surface" - the final fill plan surface as shown in the approved 13 closure plan for the disposal site; 14
(I) "net volume" - the fill volume less the cut volume; 15 (J) "site name" - the name of the disposal site for which the survey information is 16 being submitted; 17
(K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by 18 specified upper and lower surfaces; 19
(L) "stratum name" - a descriptive name for the stratum for which volumetric 20 information is being submitted, e.g., total volume including proposed expansion; 21 (M) "surface names" - names for the pair of surfaces that define a named stratum, 22 e.g., base ground surface and proposed finished ground surface; 23 (N) "survey" - a comprehensive examination of the disposal site under the 24 direction of registered civil engineer or licensed land surveyor for purposes of 25 determining the topography of the base, existing and finished ground surfaces, 26 and the volumes bound by those surfaces; 27
(O) "vector graphics" - computer generated images comprised of lines and shapes 28 of given origin, direction, thickness, color and other attributes; 29 (P) "volume calculation method" - grid, composite, section or other method 30 approved by the enforcement agency. 31
(11) For disposal sites, one of the following: 32
(A) 33
(i) In-place density (pounds of waste per cubic yard of waste). The in-place 34 density is the estimated or measured density of in-place waste material 35 achieved by mechanical or other means in the development of the current lift of 36 the current operating waste cell, and 37
(ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio 38 estimate is a unit-less expression of the proportion of the volumes of waste and 39 cover that comprise a volume of compacted fill material, e.g. 4:1. The cover 40 portion of the waste-to-cover ratio estimate should include only soil or approved 41 daily or intermediate alternative cover that is not considered a waste material, 42 i.e., payment of fees to CalRecycle is not required. The waste portion of the 43 waste-to-cover ratio estimate should include only waste material for which 44 payment of fees to CalRecycle is reported, or 45

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(B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). 1 The airspace utilization factor (AUF) is the effective density of waste material in 2 the landfill. The AUF is recorded as the total weight of waste material passing over 3 the landfill scales that is placed in a known volume of landfill airspace in a given 4 period of time. The waste portion of the AUF should include only waste material for 5 which payment of fees to CalRecycle is reported. 6
(12) List of all public hearings and other meetings open to the public that have been 7 held or copies of notices distributed that are applicable to the proposed solid waste 8 facilities permit action. 9
(g) For new or expanded solid waste facilities, hold a public meeting with any affected 10 disadvantaged communities within 180 days of submittal of the permit application 11 package. 12
(1) Provide copies (hard copy or electronic) of notices distributed to the affected 13 disadvantaged communities. 14
(2) Provide a summary of the comments received at the public meeting, responses to 15 any public comments, and any other steps taken by the applicant relative to those 16 comments. 17
(3) For the purposes of this section “affected disadvantaged communities” means 18 communities identified by the California Environmental Protection Agency pursuant to 19 Section 39711 of the Health and Safety Code as disadvantaged that are located 20 within one mile of the facility. 21
Note: 22
Authority cited: Section 40002, 40502 and 43020, Public Resources Code. 23 Reference: Sections 43103, 42652.5, 44001-44017, 44100-44101, 44300-44301, 24 44500-44503 and 44813-44816, Public Resources Code and Section 39730.6, Health 25 and Safety Code. 26
§21590. CIWMBCalRecycle—Joint Technical Document for Disposal Facilities. 27 Any operator of a disposal site which is required to submit a RDSI, closure/postclosure 28 maintenance plan, and/or a ROWD or any other report that addresses similar regulatory 29 concerns, may address those requirements under one JTD. The JTD will be used in 30 place of the RDSI only if it meets all the requirements set forth in §21600 and lists 31 where each requirement has been satisfied in the document in the form of a JTD index, 32 pursuant to ¶(c). 33
(a) After July 18, 1997, any operator of an existing facility who submits an application 34 package to the EA, pursuant to §21570, which proposes to change the facility's 35 operations, or to change the SWFP shall do one of the following: 36 (1) Submit the updated information as an amendment to the existing JTD along with, 37 a JTD index as described in ¶(c), referencing the new or updated information; or 38 (2) Submit a complete JTD as described in §21600 along with a JTD index as 39 described in subsection (c). 40
(b) After July 18, 1997, any operator of a new facility that submits an application 41 package to the EA pursuant to §21570, shall submit a complete JTD pursuant to 42 §21600, and an index of the topics addressed in the JTD to be used by the EA as 43 described in ¶(c). 44

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(c) As of July 18, 1997, the operator shall include with the JTD a copy of an index 1 specifically for use by the EA. The page number or the first line number within the JTD 2 which addresses the topic shall be noted next to that topic in the index. The EA shall 3 make available to the operator either in hard copy and/or on magnetic media an 4 electronic copy a JTD index listing, (Index found in Appendix 2) showing each topic 5 which the JTD must address to provide the EA with relevant facility information for 6 writing or revising the facility permit. 7
(d) These requirements do not apply to those facilities which have filed a ROWD or 8 RDSI and application for SWFP prior to July 18, 1997. In the event the EA determines 9 the application package for an RDSI first submitted prior to the effective date of these 10 regulations to be incomplete, additional information requested shall be submitted as part 11 of the RDSI and/or application for SWFP, as appropriate. 12 Note: 13
Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 14 Reference: Sections 42652.5, 43000-45082, Public Resources Code and Section 15 39730.6, Health and Safety Code. 16
Article 3: CIWMBCalRecycle—Enforcement Ag ency (EA) 17
Requirements 18
§21650. CIWMBCalRecycle--EA Processing Requirements. (T14:§18203) 19 (a) Upon its receipt, the EA shall stamp the application package with the date of receipt. 20 The EA shall examine the application package to determine whether it meets the 21 requirements of §21570. If the EA finds the package meets the requirements of §21570, 22 the application package shall be accepted and stamped with the date of acceptance. 23 Notwithstanding any other provision of this division, the application package shall be 24 deemed filed on the date of acceptance. 25
(b) The EA shall either accept or reject the application package within thirty days of its 26 receipt. 27
(c) Within five days of filing, the EA shall notify the CIWMBCalRecycle, and the RWQCB 28 if applicable, of its determination. The EA shall submit as its notification to the CIWMB 29 CalRecycle a copy of the accepted application form. The EA shall also forward a copy 30 of the application form to the RWQCB if applicable. 31
(d) If the EA determines that the application package does not meet the requirements of 32 §21570, it shall reject and not file the application, and it shall, within five days of 33 determination, so notify the applicant, the CIWMB CalRecycle, and the RWQCB if 34 applicable, enumerating the grounds for rejection. The EA shall include in its notification 35 to the CIWMB CalRecycle a copy of the rejected application form. The application 36 package, together with the notice of rejection, shall be kept in the EA's file. 37 (e) After acceptance of an application for a new or revised full solid waste facilities 38 permit as complete and correct and within 60 days of receipt of the application by the 39 EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 40 and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as 41 required by §21660.3 after finding the permit application complete and correct and 42 within 60 days of receipt of the application by the EA. 43

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(f) Upon request of the applicant, the EA may accept an incomplete application 1 package. As a condition of acceptance, the operator and the EA shall waive the 2 statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is 3 the section for processing the applicant’s waiver of timeframes and timing for noticing 4 and holding an informational meeting after the EA deems a previously submitted 5 incomplete package to be complete.] The EA shall notify the applicant within 30 days if 6 the applicant's request for review under this subsection has been accepted. If the 7 application package does not conform with the requirements of §21570 within 180 days 8 from the date of the EA agreeing to accept the package as incomplete the EA shall 9 reject the application package, pursuant to ¶(d). If the EA finds the application package 10 meets the requirements of §21570, the application package shall be accepted pursuant 11 to ¶(c). 12
(g) No later than 60 days after the application package has been accepted as complete 13 and correct and after conducting an informational meeting if required by §§21660.2 and 14 21660.3, the EA shall mail to the CIWMB CalRecycle the following: 15 (1) A copy of the proposed solid waste facilities permit; 16 (2) The accepted application package; 17
(3) A certification from the EA that the solid waste facilities permit application 18 package is complete and correct, including a statement that the RFI meets the 19 requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 20 18227. 21
(4) Documentation, if applicable, of the applicant's compliance with any RWQCB 22 enforcement order or the status of the applicant's WDRs, as described in Public 23 Resources Code §44009; 24
(5) Any written public comments received on a pending application and a summary of 25 comments received at the informational meeting, responses to any public comments, 26 and, where applicable, any other steps taken by the EA relative to those comments. 27 Subsequent to the transmittal of the proposed solid waste facilities permit, the EA 28 shall, within five (5) days of receipt, provide a copy of any additional written public 29 comments and response to comments to the CIWMBCalRecycle. 30 (6) A solid waste facilities permit review report which has been prepared pursuant to 31 §21675, within the last five years. 32
(7) EA finding that the proposed solid waste facilities permit is consistent with and is 33 supported by existing CEQA analysis, or information regarding the progress toward 34 CEQA compliance. 35
(h) At the time the EA submits the proposed solid waste facilities permit to the 36 CIWMBCalRecycle, the EA shall submit a copy of the proposed solid waste facilities 37 permit to the applicant, the RWQCB if applicable, and any person so requesting in 38 writing. The copy of the proposed solid waste facilities permit provided to the applicant 39 shall also be accompanied by a form for request for hearing, which the applicant may 40 use to obtain a hearing before a hearing panel or hearing officer to challenge any 41 condition in the solid waste facilities permit. In cases where a hearing panel or hearing 42 officer may be requested, the EA shall notify the CIWMB CalRecycle within seven days 43 of being noticed by the operator. 44
(i) The proposed solid waste facilities permit shall contain the EA's conditions. The 45 proposed solid waste facilities permit shall not contain conditions pertaining solely to air 46

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or water quality, nor shall the conditions conflict with conditions from WDRs issued by 1 the RWQCB. 2
[Note: The process to obtain a full solid waste facilities permit might not include the 3 RWQCB if the facility is other than a landfill or disposal site. Therefore, EA submittals of 4 forms and documents to the RWQCB will be made if applicable to the type of facility. 5 When writing conditions pursuant to 21650(i) the EA shall take into consideration PRC 6 §44012, which requires the EA to ensure that primary consideration is given to 7 protecting public health and safety and preventing environmental damage, and the long-8 term protection of the environment. The EA may also take into consideration other 9 permits, entitlements and approvals when writing terms and conditions (e.g., conditional 10 use permit, zoning, Air Pollution Control District/Air Quality Management District permits 11 to construct and operate, Department of Toxic Substances Control hazardous waste 12 facility permit, Department of Fish and GameWildlife permits, Coastal Commission 13 approvals, Army Corps of Engineers permit, Federal Aviation Administration notification, 14 and other required local and county ordinances/permits)] 15 Note: 16
Authority cited: Sections 40502 and 43020, Public Resources Code. 17 Reference: Sections 40055, 42652.5, and 43000-45802, Public Resources Code and 18 Section 39730.6, Health and Safety Code. 19
§21660.2. Informational Meeting for New and Revised Full Solid Waste Facilities 20 Permit Applications. 21
(a) EA shall conduct an informational meeting for all new and revised full solid waste 22 facilities permit applications as determined by §21665. The EA shall hold an 23 informational meeting on an application for a new full solid waste facilities permit or an 24 application for a full solid waste facilities permit revision required under this article. The 25 EA may require the operator(s) of the facility or facilities that are the subject of the 26 informational meeting to pay all costs incurred by the EA in connection with the meeting. 27 The informational meeting may be combined with another public meeting in which the 28 EA participates that meets the criteria as specified in §§21660.2(b) and 21660.2(c). 29 (b) The informational meeting shall be held after acceptance of the application package 30 as complete and correct by the EA and within 60 days of receipt of the application by 31 the EA. The EA shall submit to the Board CalRecycle a copy of the informational 32 meeting notice at time of issuance. The Board CalRecycle shall post the notice on its 33 web site as a way to further inform the public. 34
(c) The informational meeting shall meet the following criteria: 35 (1) The meeting shall be held in a suitable location not more than one (1) mile from 36 the facility that is the subject of the meeting; if no suitable and available location 37 exists within one (1) mile of the facility, as determined by the EA, the EA may 38 designate an alternative suitable location that is as close to the facility and affected 39 disadvantaged communities as reasonably practical. 40
(2) The meeting shall be held on a day and at a time that the EA determines will 41 enable attendance by residents, especially those of affected disadvantaged 42 communities, living in the vicinity of the facility that is the subject of the meeting. 43

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(3) EAs may undertake additional measures to increase public notice and to 1 encourage attendance by any persons who may be interested in the facility that is the 2 subject of the meeting, including which may include, but not be limited to, additional 3 posting at the facility entrance, noticing beyond 300 feet if the nearest residence or 4 business is not within 300 feet of the site, posting in a local newspaper of general 5 circulation, and multilingual notice and translation and, multiple meeting dates, times 6 and locations. 7
(d) The EA may substitute a previous public meeting or hearing for the requirements in 8 this Section pursuant to §21660.4 if the applicant does not object. 9 (e) For the purposes of this section “affected disadvantaged communities” means 10 communities identified by the California Environmental Protection Agency pursuant to 11 Section 39711 of the Health and Safety Code as disadvantaged that are located within 12 one mile of the facility. 13
Note: 14
Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 15 Reference: Sections 42652.5, 43103, 43213, 44004, and 44012, Public Resources 16 Code and Section 39730.6, Health and Safety Code. 17
Article 3.2. CIWMBCalRecycle—Other Requirements 18
19 §21695. CalRecycle—Organic Disposal Reduction Status Impact Report . 20 (a) Operators of a solid waste landfills shall submit a Status Impact Report (SIR) to 21 CalRecycle that provides an analysis of the potential impacts to the landfill resulting 22 from the implementation of the organic disposal reduction requirements of Public 23 Resources Code §Section 42652.5. 24
(b) The SIR shall be prepared by a California licensed civil engineer or licensed 25 engineering geologist. 26
(c) The SIR shall describe the potential impacts to the landfill including the expected 27 timing of the impacts. The analysis shall include, but not be limited to, changes to the 28 following: 29
(1) Site development; 30
(2) Waste types/volumes; 31
(3) Daily and intermediate cover and beneficial use: 32 (A) For intermediate cover the analysis shall also include: 33

1. A description and/or map of the area(s) that have or will have intermediate 34 cover. 35

2. The length of time that the intermediate cover has been used and expected 36 time that it will be used for each defined area. 37

3. A description of how the intermediate cover will be maintained to continue to 38 meet the control criteria of Section 20700(a). 39

4. Information on all instantaneous surface readings for methane of 500 ppmv 40 or greater in the area(s) of intermediate cover that has or will be in place for 41 more than 12 months. 42

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i. This information shall be as reflected in the most recent annual report filed 1 pursuant to 17 CCR Section 95470(b)(3). 2
ii. The location of each such exceedance shall be identified consistent with 3 the monitoring requirements of 17 CCR Section 95469(a)(1)(A). 4 (4) Volumetric capacity based on the disposal site experiencing a reduction of 5 organic waste disposal of 50 percent by 2020 and 75 percent by 2025; 6 (5) Waste handling methods; 7
(6) Gas control and monitoring systems; 8
(7) Gas generation; 9
(8) Operation and closure design (individual cells and overall site geometry); 10 (9) Final grading plan; 11
(10) Site life estimate; 12
(11) Ancillary facilities; 13
(12) Cost estimates for closure and postclosure; and 14 (13) Financial assurance mechanisms for closure, postclosure, and non-water 15 corrective action requirements. 16
(d) The SIR shall be submitted to CalRecycle no later than one year (365 days) from the 17 effective date of this regulation. 18
(e) Within 30 days of receipt of a SIR, CalRecycle shall make a determination as to the 19 completeness of the SIR based on the requirements of Subdivisions (b) and (c). If a SIR 20 is determined to be incomplete, CalRecycle shall provide to the operator, in writing, the 21 reasons for the determination. 22
(f) For a SIR determined to be incomplete, the operator shall submit a revised SIR 23 addressing any enumerated deficiencies within 30 days of receipt of notice from 24 CalRecycle of an incomplete SIR. 25
(g) Within 60 days of a determination of completeness, CalRecycle shall submit its 26 findings to the EA regarding amendments, if any, to the Joint Technical Document as a 27 result of the SIR. 28
(1) If amendments are required, the EA shall direct the operator to submit an updated 29 Joint Technical Document including updated closure and postclosure maintenance 30 plans that includes the information from the SIR. 31
(2) The EA shall notify the operator within 30 days of receipt of CalRecycle’s findings. 32 (h) Within 120 days of being directed by the EA, pursuant to Subdivision (g), the 33 operator shall submit to the EA an updated Joint Technical Document including updated 34 closure and postclosure maintenance plans that includes the information from the SIR. 35 Note: 36
Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. 37 Reference: Sections 42652.5, 43103 and 44015, Public Resources Code, and Section 38 39730.6, Health and Safety Code. 39
40