Understanding SB 1383

Senate Bill (SB) 1383 requires all California businesses, multifamily properties, and residents to divert recyclable and organic materials from the trash. All entities are required to subscribe to recycling and organics service through your garbage collection company or demonstrate that your divertible materials are being taken to a recycling or composting facility.

To understand the SB 1383 law, the requirements, and how to comply, click here.

• Subscribe to the 3 carts solid waste, recycling, and organics collection program.
  
  
•  Place correct material into the correct bins/ carts, contamination monitoring will be ongoing, and the new law requires the city to enforce those out of compliance. (click here for resource guides and signage).

Business Requirements

If you own a business or apartment/condo complex (of five units or more), you are required to comply with the following requirements unless you apply for and are granted a written waiver by the City.

Divert organic materials from the landfill by either:

• Subscribing to and participating in the organic waste collection service provided by the City OR

• Self-haul organic waste to a specified composting facility, community composting program, or other collection activity or program. To be able to self-haul organic waste you must receive written approval from the City (click here for the Self Reporting Form). If the City approves your self-hauling of organic waste, records of the amount of materials delivered to each facility must be maintained and made available to the City upon request for inspection.

More Business Requirements

Businesses must provide collection containers for organic waste and recyclables in all areas where disposal containers are provided for customers (except in restrooms). However, if a business does not generate any of the materials that would be collected in a specific container, then it does not have to provide that particular container.

Internal containers must conform to the proper color requirements and labeling requirements. If a business chooses to use containers that are the incorrect color, internal containers do not need to be replaced until they are no longer functional or until January 1, 2036, whichever comes first.

To reduce contamination, businesses must provide education to employees, contractors, tenants, and customers regarding how to properly sort organic material into the correct containers, businesses must periodically:

• Inspect organic waste containers for contamination

• Inform employees if containers are contaminated; and

• Instruct employees about how to properly sort materials into the correct containers and keep a record of training and onsite monitoring.

• Businesses must provide organic waste collection services for all employees, tenants, contractors, and customers.

• They must: Supply and allow access to an adequate number, size, and location of containers with the correct labels or container colors;

• Annually educate employees, contractors, customers, and tenants on how to properly sort organic waste into the correct containers ;

• Provide information to new tenants within 14 days of occupation of the premises; and

• Properly sort organic materials into the correct containers at business establishments.

SB 1383 Commercial Wavier Process

Certain businesses may qualify for a limited-term organics waiver. To request a waiver review, see below for the qualifications. If you can demonstrate your waiver qualifications, complete the “SB 1383 wavier request form” (see link below).

Waivers for organics services and Alternative Compliance will be reviewed for the following circumstances, only:

1.) Waivers

a. Generate Minimal Organics (De Minimis Waiver)

De Minimis Waivers will be considered if you can demonstrate that you dispose of less than 20
gallons of organics each week; or 10 gallons per week for a smaller business. Multifamily properties are not eligible for De Minimis Waivers, due to the volume of tenant food waste.

Non-food generating businesses that have landscaping do not qualify for a waiver since they are generating plant debris. Please provide landscaper information in the SB 1383 Self-Reporting Form (see below) under the Alternative Compliance section.

b. Physical Space Waiver

If your business premises lacks adequate space for organics waste containers, you may qualify for a Physical Space Waiver. A site visit will be needed to verify your claim; limited Physical Space Waivers will be granted.

2.) Alternative Compliance

• Large Markets & Manufacturers – Some large food generators utilize alternative diversion methods for food waste and may be compliant with SB 1383 without curbside organics collection. Please submit your information in the SB 1383 Self-Reporting Form (see below) under the Alternative Compliance section, so we can review your generation and practices.

• Non-food Generating Businesses – Some small offices that have a landscaper removing all plant debris can submit your information using the SB 1383 Self-Reporting Form (see below), under the Alternative Compliance section.

• Non-food Generating Businesses – Some small offices that have a landscaper removing all plant debris can submit your information using the SB 1383 Waiver / Self-Reporting Form (see below), under the Alternative Compliance section.

Click here for the SB 1383 Wavier/Self-Reporting Form

Contact the City of Oroville if you have questions regarding the SB 1383 Organics Waiver Request or Alternative Compliance.

Frequently Asked Questions:

Q: Who’s going to pay for all of this?

A: We all are. The City and Recology are currently reviewing the costs to implement SB1383, we will keep you updated.

Q: Isn’t garbage just garbage? Why are California lawmakers requiring us to separate organic waste from the rest of our trash?

A: Scientists have found that organic waste dumped into traditional landfills decomposes and creates methane, a super-pollutant with as much as 80 times the Earth-warming potency of carbon dioxide. To slow the advance of global warming, the state wants to redirect the material to composting centers or anaerobic digestion facilities, where it can help sink carbon back into the Earth or capture natural gas to — for instance — power trash trucks.

Q: When do I need to begin separating my food waste from other trash?

A: The opening date for organic diversion will vary depending on where you live and how much waste you generate. Businesses generating more than 2 yards of trash per week must begin in 2022. All residences and businesses will be required to start participating in 2023.

Q: What if I live in an apartment building/ multifamily complex?

A: All multifamily units must participate in the program. Owners of the property will be responsible to provide each site with the proper collection bins/carts and must provide education and training to all tenants, staff, and contractors on site.

Q: What about food that’s still edible? Where should it go?

A: SB 1383 requires all jurisdictions to recover edible food; the City will be working with the county to expand local food recovery options. Businesses that sell, generate, and/or store food must participate in an edible food recovery program.

Q: Once given the green light to start organics collection, will fruits and vegetables be the only appropriate food waste for the green bin?

A: No, all food scraps can be composted including, all surplus, spoiled or unsold food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells and solid fats, oils & grease.

Q: What if I run a restaurant and have a lot of grease?

A: Grease should continue to be collected separately and collected by Sequential and/or other service providers. Large amounts of liquid grease are not appropriate for the organics collection bin/ carts.

Q: Where should I store my kitchen waste and how do I make sure it doesn’t stink?

A: The City and Recology recommend gathering the scraps in kitchen pails. Frequent emptying (and cleaning) of the pails should limit odors. Some users say lining them with paper towels also soaks up liquid that can raise a stink. Two other odor-reducing techniques: layering food waste with yard trimmings or freezing food scraps in a reusable container prior to collection day. Putting food scrapes in a plastic bag will NOT be allowed.

Q: Can I be penalized if I dump my waste in the wrong place?

A: Yes. Beginning in 2024, there will be fines for those who contaminate any of their 3 carts, i.e., putting organics in the trash or recycling bin/cart, putting recycling in the trash or organics bin/ cart etc. Please refer to the City of Oroville Municipal Code chapter 13.08.370. A first offense could cost you $50 to $100, with third and subsequent offenses costing up to $500.

Resources

ORDINANCE NO. 1861

Public Letter - Issued February 15, 2022

CalRecycle has developed tools to assist jurisdictions with implementing this new short-lived climate pollutant reduction strategy.

On CalRecycle’s Education web page, you’ll find: 

• PowerPoint presentations with talking points 
• Short videos
• Models to assist with implementation
• Model franchise agreements and exhibits
• Model mandatory organics collection service ordinance
• Model procurement policy

For more information about SB 1383 please visit www.CalRecycle.ca.gov/orgaincs/slcp

If you would like to set up a site visit or set up recycling and organics service, please call Recology’s local customers service team at (530) 533-4783.