Butte County Municipal Code Art. VIII Compliance with the Act, SB 1383, and the SB 1383 Regulations

All residential premises, multifamily residential complexes, commercial customers, franchised haulers, generators, haulers, licensed haulers, and all other entities subject to the requirements of the Act shall fully comply with the Act and all other applicable laws.

(Ord. No. 4217, § 25, 5-10-22)

Organic waste generators, haulers, and all other entities subject to the requirements of SB 1383 and the SB 1383 regulations shall comply with all applicable requirements, including, but not limited to, those summarized below.

Residential premises, multifamily residential complexes, and commercial customers located in a mandatory service area and/or recycling zone shall be required to subscribe to the licensed hauler's three-container system unless they apply for, qualify for, and receive a written self-haul waiver from the County. Self-haul waiver applications can be obtained from the Solid Waste Manager. Residential premises, multifamily residential complexes, and commercial customers located in a non-mandatory service area, unless located in a recycling zone, shall be exempt from the requirements of SB 1383.

A. Organic Waste Generators. SB 1383 requirements that apply to organic waste generators include, but are not necessarily limited to the following:

1. All residential premises and all commercial premises located in a recycling zone shall be automatically enrolled in the licensed hauler's three-container collection services for solid waste, recyclable materials, and organic waste including food waste, regardless of whether or not any portion of the recycling zone is in a non-mandatory service area.

2. All residential premises, except residential premises that meet the self-hauler requirements of SB 1383 and have received a written self-haul waiver from the Solid Waste Manager, or are located in a non-mandatory service area outside of a recycling zone, or where the County has determined that geographic conditions make the routing of collection vehicles severely impractical or impossible, shall be automatically enrolled in the licensed hauler's three-container collection services for solid waste, recyclable materials, and organic waste including food waste.

3. All commercial premises (including all multifamily residential complexes with five (5) or more units), except those located in a non-mandatory service area outside of a recycling zone, or where the County has determined that geographic conditions make the routing of collection vehicles severely impractical or impossible, must make arrangements for the diversion of recyclable materials and organic waste, either through a collection service with a solid waste franchised hauler, or by self-hauling.

Commercial premises that wish to self-haul material must meet the self-hauler requirements of SB 1383, and must apply for and receive a written self-hauler waiver from the Solid Waste Manager. The County shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial premises shall adjust their service level for their collection services as required by the County.

4. Generators shall place organic waste, including food waste, in the designated organic waste container; recyclable materials in the designated recycling container; and solid waste in the designated solid waste container. Generators shall not place materials designated for the solid waste container into the organic waste container or recycling container.

5. Each commercial premises and multifamily residential complex property owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:

(a) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with a three-container collection service or, if self-hauling in compliance with self-hauling requirements in Subsection B.3. herein.

(b) Excluding multifamily residential complexes, provide containers for the collection of organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial premises does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the County's franchised haulers, with either lids conforming to the color requirements or bodies conforming to the color requirements, or both lids and bodies conforming to color requirements. A commercial premises is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(c) Multifamily residential complexes are not required to comply with container placement requirements or labeling requirements in this Section pursuant to 14 CCR Section 18984.9(b).

(d) Excluding multifamily residential complexes, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per a three-container collection service.

(e) Excluding multifamily residential complexes, periodically inspect organic waste, recycling, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(f) Including multifamily residential complexes, annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.

(g) Including multifamily residential complexes, provide education information before or within fourteen (14) days of occupation of the premises by new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from solid waste and the location of containers and the rules governing their use at each property.

(h) Including multifamily residential complexes, provide or arrange access for the County or its representative to the properties during all inspections conducted in accordance with SB 1383 to confirm compliance with the requirements of this chapter.

(i) Nothing in this chapter prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

6. Waivers for Generators.

(a) County may waive a commercial customer's obligation (including a multifamily residential complex) to comply with some or all of the organic waste requirements of SB 1383 if the commercial customer provides documentation as described below, and the County finds that documentation supports the granting of a waiver.

1. Commercial customers requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:

i. The commercial customer's total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or

ii. The commercial customer's total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste;

iii. Notify County if circumstances change such that commercial customer's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

2. Commercial customers or property owners may request a physical space waiver through the following process:

i. Submit an application specifying the services that they are requesting a waiver from.

ii. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(b) Waivers shall apply for up to, but no longer than five (5) years, as determined by the Director and/or his or her designee.

B. Other entities. SB 1383 requirements that apply to other entities include, but are not necessarily limited to the following:

1. Commercial edible food generators.

a) Tier one commercial edible food generators shall comply with the requirements of 14 CCR Section 18991 commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements 14 CCR Section 18991.3 commencing January 1, 2024.

b) A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of 14 CCR Section 18991.3.

c) Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Shall keep records as specified in 14 CCR Section 18991.4.

5. Shall provide to the County a copy of any of the information they are required to track per Section 18991.4 within thirty (30) days of request by the County.

2. Food recovery organizations and services.

a) Shall maintain records as specified in 14 CCR Section 18991.5, and shall provide a copy of those records to the County within 30 days of request by the County.

3. Self-hauler Requirements.

a) Any party wishing to self-haul material must apply for and receive written approval from the County.

b) Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1, a three-container separation process.

c) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.

1. Self-haulers that are commercial customers (including multifamily residential complexes) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the County. The records shall include the following information:

i. Delivery receipts and weight tickets from the entity accepting the waste.

ii. The amount of material in cubic yards or tons transported by the generator to each entity.

iii. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(Ord. No. 4217, § 25, 5-10-22)