Chapter 14 — SB 1383 WAIVERS FOR GENERATORS

Section

• 46.1401 Purpose.
• 46.1402 De Minimis Waivers.
• 46.1403 Physical Space Waivers.
• 46.1404 Collection Frequency Waivers.
• 46.1405 Review and Approval of Waivers.

This Chapter shall apply to generators subject to the organic waste collection services requirements of the SB 1383 Regulations. (Ord. 4434, passed - -2022)

The County may waive a commercial business' obligation (including multi-family dwellings with five or more units) to comply with some or all of the SB 1383 organic waste requirements of this Chapter if the commercial business provides documentation or the County has evidence demonstrating that the commercial business generates below a certain amount of organic waste material as described below in subsection (a). Commercial businesses granted a de minimis waiver shall: (a) Either provide documentation or confirm that the County has evidence demonstrating that: (1) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container, green container, or brown container comprises less than 20 gallons per week per applicable container of the business' total waste; or (2) The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container, green container, or brown container comprise less than ten gallons per week per applicable container of the business' total waste. (b) Notify the County if circumstances change such that the commercial business' organic waste exceeds the threshold required for a de minimis waiver, in which case the waiver will be rescinded. (Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)

The County may waive a commercial business' or property owner's obligations (including multi-family residential dwellings with five or more units) to comply with some or all of the SB 1383 recyclables and/or organic waste collection service requirements if the County has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the Collection containers required for compliance with the SB 1383 organic waste collection requirements of this Chapter. (Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)

The County, at its discretion and in accordance with 14 CCR § 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the County's three-, three-plus, or two-container SB 1383 organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days rather than once per week. (Ord. 4434, passed - -2022)

The Director, or designee, shall have the authority to issue all waivers. (Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)