SB 1383 Regulations on Organic Waste are Finalized

The Senate Bill 1383 regulations to divert organic waste from landfills are final and will take effect on Jan. 1, 2022. The California Department of Resources Recycling and Recovery received a Notice of Approval of Regulatory Action from the Office of Administrative Law earlier this month confirming the effective date. CalRecycle resubmitted the SB 1383 regulations to OAL on Oct. 7 to address OAL comments and comply with Administrative Procedures Act requirements.

While the proposed regulations will not take effect until Jan. 1, 2022, the delayed implementation is intended to provide cities, counties and special districts with time to adopt enforceable mechanisms (ordinances and/or franchise agreements, permits or contracts with waste haulers) and administrative civil penalties to require organic waste generators, waste haulers and other entities to comply with the SB 1383 regulations. A local agency’s failure to adopt, by Jan. 1, 2022, any ordinance or enforceable mechanism for organic waste disposal reduction or include a provision in an agreement that requires a hauler to comply with CalRecycle regulations, among other things, is a major violation punishable by a penalty of $7,500 - $10,000 per violation, per day.

CalRecycle and HF&H Consultants have developed four model tools – a franchise agreement, an edible food recovery agreement, an enforcement ordinance and a procurement policy – that local agencies can use to implement SB 1383 regulations. The model tools, and the recorded webinars and presentations describing how to utilize the tools, are posted on CalRecycle’s website.

The SB 1383 regulations require local agencies to:

Provide source-separated waste collection services or recover organic waste and recyclables from mixed waste
Establish an edible food recovery program
Adopt a procurement policy regarding recovered organic waste
Adopt a reporting/recordkeeping policy to provide information to CalRecycle
Prepare and translate notices to educate waste generators about organic waste separation requirements
Create waiver forms for certain organic waste generators
Establish enforcement mechanisms to investigate complaints, perform inspections and cite organic waste generators and waste haulers that violate the SB 1383 regulations

Additional Reading:

Best Best & Krieger LLP attorneys are available to review existing franchise agreements and ordinances, assist local agencies with the implementation of SB 1383 regulations and work with local agencies to tailor the agreements, ordinances and policies to meet the jurisdiction’s needs.

Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.