(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and some or all its generators from some or all of the requirements of this article if the following apply:
(A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as reported in the Disposal Reporting System.
(B) The jurisdiction has a total population of less than 7,500 people.
(2) A jurisdiction may apply to the Department for a waiver from some or all of the requirements of this article for census tracts that have a population density of less than 75 people per square mile that are served by the jurisdiction and are located in unincorporated portions of a county.
(b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five years and shall be subject to approval by the Department as follows:
(1) A jurisdiction shall submit a request for a waiver with the following information:
(A) The number of generators that will be included in the waiver.
(B) The requested length of the waiver.
(C) If the request for a waiver is submitted by a jurisdiction seeking to waive unincorporated census tracts, the jurisdiction shall identify each census tract that will be waived.
(2) The Department shall review and evaluate and approve or deny a waiver request within 90 days. The Department shall approve a request to grant a waiver if it meets the requirements of this section.
(3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at any time up to 180 days prior to the expiration of an existing waiver.
(c) Rural Exemptions.
(1) The Department shall grant an exemption from complying with the organic waste collection requirements specified in this article for rural jurisdictions that meet the definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if the governing body of the jurisdiction adopts a resolution that includes a finding as to the purpose of and need for the exemption.
(2) An exemption implemented pursuant to this subdivision shall be valid until December 31, 2026 or until five years after the Department makes a determination pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year, whichever is later.
(d) Elevation Waivers.
(1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and some or all of its generators from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is located at or above an elevation of 4,500 feet.
(2) A jurisdiction may apply to the Department for a waiver for some or all of its generators from the requirement to separate and recover food waste and food-soiled paper in census tracts located in unincorporated portions of a county that are located at or above 4,500 feet.
(3) The area of a jurisdiction that is waived pursuant to this section is not required to provide containers to generators as prescribed in Section 18984.7.
(4) Residential and commercial generators located within an area that is waived pursuant to this section may deposit food waste and food-soiled paper in a disposal container.
(5) A jurisdiction shall submit a request for a waiver with the following information:
(A) The number of generators that will be included in the waiver.
(B) If the request for a waiver is submitted by a jurisdiction seeking to waive unincorporated census tracts, the jurisdiction shall identify each census tract that will be waived.
(6) The Department shall review and evaluate and approve or deny a waiver request within 90 days. The Department shall approve a request to grant a waiver if it meets the requirements of this section.
(7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a collection service that collects and recycles the other types of organic wastes specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the requirements of those sections.
(e) Nothing in this section exempts a jurisdiction from complying with the other requirements to promote and provide information to generators about waste prevention, community composting, managing organic waste on-site, and other means of recovering organic waste, or any other requirements of this chapter.
Credits
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
History
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
This database is current through 4/12/24 Register 2024, No. 15.
