Frequently Asked Questions about Implementing SB 1383
CalRecycle has compiled frequently asked questions (FAQ) about statewide implementation of California’s Short-Lived Climate Pollutant (SLCP) Reduction Strategy. To submit a new question, please email: slcp.organics@calrecycle.ca.gov.
Collections
SB 1383 requirements for jurisdictions to provide organic waste collection services to all residents and businesses, unless they have an exemption or waiver.
Enforcement
Questions and answers covering enforcement provisions that support jurisdictions, non-local entities, local education districts, state, and federal facilities.
Food Recovery
Information about food service businesses that must donate unsold food to food recovery organizations.
Procurement
Questions and answers about local governments’ use of the products made from recycled organic material.
Schools and Local Education
FAQs about requirements, and education and outreach information.
Solid Waste Facilities (SWF)
FAQs about SB 1383 state SWF regulations.
Landfill Disposal and Reduction
FAQs about landfill disposal activities and landfill disposal reduction activities.
Article 9
Q: What happens if a jurisdiction has an ordinance restricting or banning land application of biosolids?
Jurisdictions will not be allowed to enforce any ordinance restricting or banning an activity, such as land application of biosolids, that constitutes a reduction in landfill disposal if the activity is conducted in compliance with the requirements in Article 2. Section 18990.1 (b) of the regulations specifies that jurisdictions shall not implement or enforce an ordinance, policy, procedure, permit condition, or initiative that includes provisions that do any of the following:
- (1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and recovery of organic waste through a method identified in Article 2 of this chapter.
(See Title 14 CCR, Division 7, Article 9, Section 18990.1(b)(1). For additional explanation, please see the Final Statement of Purpose and Necessity , Article 9, Section 18990.1, Subdivision (b)(1) pages 139-140.)
Q: Can jurisdictions require haulers to transport organic waste to a solid waste facility or operation that the jurisdiction has an agreement with, even if the facility does not have the ability to process or recover organic waste?
No. Jurisdictions are prohibited from implementing or enforcing an ordinance, policy, procedure, permit condition, or initiative that includes provisions that require a generator or a hauler to transport organic waste to a solid waste facility or operation that does not process or recover organic waste.
(See Title 14 CCR, Division 7, Article 9, Section 18990.1(b)(4).)
- Article 2
Q: Can a jurisdiction restrict haulers from exporting organic waste to facilities outside of California to process and recover the material?
No. Jurisdictions are not allowed to limit the export of organic waste to a facility, operation, property or activity outside of the jurisdiction that recovers the organic waste through a method identified in Article 2 of this chapter.
(See Title 14 CCR, Division 7, Article 9, Section 18990.1(b)(3.)
These guidance tools were developed by CalRecycle as a courtesy for informational and example purposes only. Use of these tools is optional and is not a regulatory requirement. In the event of any conflict with these guidance tools or information herein, applicable statutory and regulatory provisions shall control. These guidance tools and information herein are based on known facts and legal authority as understood by CalRecycle at the time of release. Any analysis, guidance, or other information herein may be subject to change based on changed facts or legal authority, actual or understood, subsequent to the publishing. The provision of these guidance tools and any analysis, guidance, or other information herein shall not be construed as a waiver of any rights or remedies available to CalRecycle. Users are encouraged to seek the assistance of legal counsel to comply with applicable state law based on their pertinent facts and circumstances. CalRecycle makes no representation that use of this tool will ensure compliance with regulatory requirements. The user assumes all risk and CalRecycle accepts no responsibility or liability to any person because of the use of, or reliance upon, this tool or the information herein.
For more information contact: Short-Lived Climate Pollutants (SLCP), Organic Waste Methane Emissions Reductions, SLCP.organics@calrecycle.ca.gov