SB 1383 Mandatory Recycling and Organic Waste Collection Requirements for Residential, Businesses, and Multi-Family Communities

Organic materials make up half of California’s total waste in landfills. In 2016, former Governor Brown signed legislation Senate Bill 1383 (SB 1383) to reduce the environmental impacts caused by the release of methane emissions from organic materials decomposing in landfills and increase statewide edible food recovery efforts. The final regulations expand upon AB 341: Mandatory Commercial Recycling and AB 1826: Mandatory Commercial Organics by requiring residential, multi-family communities, and commercial businesses across the state to divert organic waste from landfills.

SB 1383 requires residents, multi-family communities, and commercial businesses to toss unused food, such as meat, bones, dairy, fruit and vegetable scraps, food-soiled paper such as napkins and paper towels, yard clippings, paper, cardboard and more in an organics container, which will be collected on your normal collection day. By recycling food and landscape waste, residents and business owners are contributing to a greener, healthier California, by providing compost valuable to farmers, schools, community gardeners and many others in the agriculture and landscape industry.

On December 31, 2021, the City of Bell Gardens City Council adopted a mandatory recycling and organics collection ordinance to comply with the requirements of SB 1383. Bell Gardens’ ordinance (Ordinance No. 920) requires all organic waste generators, both residential and commercial, to divert organic waste from landfills by participating in an organic waste collection program. The City’s ordinance includes an enforcement process for non-compliant residential and business properties to receive administrative citations and fines of $50 to $500 per violation as described in Municipal Code Section 16.12.129

To ensure full compliance with the City’s mandatory ordinance and the new state legislation, your solid waste and recycling hauler will be contacting you to discuss how you can comply with SB 1383 regulations. By adding recycling and organics collection you may be able to reduce your trash service to partially offset the cost of the new services. Additionally, your solid waste and recycling hauler can discuss opportunities regarding container size options or alternative compliance methods based on your property’s specific needs. Failure to enroll in mandatory recycling and organics recycling requirements will subject you to City enforcement action.

Residential

Who Must Recycle Organic Waste

The City of Bell Gardens offers a 2-container residential collection service provided by an exclusive agreement with Athens Services. Each residential premise shall receive one (1) 96-gallon container for commingled Solid Waste and Recyclable Materials and one (1) 96-gallon container for source-separated Organic Waste. Smaller capacity containers may be available for elderly or disabled residential customers.

Residential customers are required to comply with SB 1383 regulations and Bell Gardens’ ordinance No. 920, requiring single-family home residents to subscribe to an organics collection service and separate green waste, food scraps, and food-soiled paper into their green organics container. For more information on acceptable items for each container, please visit What Goes Where Guide - Athens Services.

Contamination Monitoring

Contamination is when organic waste (food and yard waste) is placed in the wrong cart. The City’s contracted solid waste and recycling hauler, Athens Services, will be conducting ongoing contamination checks on collection days. Residents will receive a notice on their container if contamination is found. SB 1383 also requires formal inspections to be conducted annually for a small percentage of all waste generators. Inspections will occur for some residents at random intervals throughout the year and will be conducted by Athens Services. Please refer to What Goes Where Guide - Athens Services to avoid contamination. If you continue to place organic waste in the wrong carts, contamination fees  may be assessed. For more information, visit CalRecycle Home Page.

Residential - Where to Go for More Information

• Recycling Organics Waste at Home - YouTube

   

• Bell Gardens Residential Food Scrap Collection Flyer 8-11-22

Multi-Family

Who Must Recycle Organic Waste

The City of Bell Gardens provides an exclusive contracted solid waste and recycling hauler, Athens Services, for multi-family communities with 3 units or less.

The City of Bell Gardens offers organic waste recycling services from 6 different solid waste and recycling haulers for multi-family communities with 4 units or more. For more information on the current services provided, please contact the current solid waste and recycling haulers listed on Commercial Waste Service | Bell Gardens, CA.

Multi-family communities are required to comply with SB 1383 regulations and Bell Gardens’ ordinance No. 920, which require multi-family communities to subscribe to an organics collection service and separate green waste, food scraps, and food-soiled paper into their green organics container. For more information on acceptable items for each container, please visit your solid waste and recycling hauler’s webpage for a “What Goes Where?” guide.

Organic waste collection services will automatically begin rolling out to all multi-family communities within the City per the state mandate. Your solid waste and recycling hauler will contact property managers to set up these programs if they do not have them already. For more information regarding this State mandate please visit New Statewide Mandatory Organic Waste Collection - CalRecycle Home Page.

Contamination Monitoring

Contamination is when organic waste (food and yard waste) is placed in the wrong cart. The City’s contracted solid waste and recycling haulers will be conducting ongoing contamination checks on collection days. Multi-family communities will receive a notice on their container if contamination is found. SB 1383 also requires formal inspections to be conducted annually for a small percentage of all waste generators. Inspections will occur for some multi-family communities at random intervals throughout the year and will be conducted by your solid waste and recycling hauler. Please refer to your solid waste and recycling hauler’s “What Goes Where” guide to avoid contamination. For more information, visit CalRecycle Home Page.

Commercial

 Edible Food Generators (EFGs)

SB 1383 requires certain business that are defined as “Tier 1” or “Tier 2” to be compliant in assisting the state recover 20 percent of edible food. Edible food is defined as food not sold because of appearance, age, freshness, grade, surplus, etc.

Entities that meet the requirements for Tier 1 and Tier 2 must comply with edible food recovery requirements. For more information on Tier 1 and Tier 2 threshold requirements, please visit: SB 1383: Edible Food Recovery.

How to Recover Edible Food

Tier 1 and Tier 2 edible food generators must perform the following to meet SB 1383 requirements:

• Recover (for human consumption) the maximum amount of edible food that would otherwise be disposed of.

   

• Give away excess food to employees, take it home for personal use, or give it away to customers, etc.

   

• Do not intentionally spoil edible food that is capable of being recovered.

   

• Establish contracts or written agreements with food recovery organizations and services.

   

• Maintain records of food recovery activities and compliance monitoring requirements. Please visit SB 1383: Edible Food Recovery for more information on required recordkeeping.

   

• Require food facilities operating at large venue or large event to comply with SB 1383 edible food recovery requirements.

  For more information on edible food generator recordkeeping requirements, Tier 1 and Tier 2 edible food generators, and information on food recovery organizations and services, please visit SB 1383: Edible Food Recovery and Jurisdiction Food Recovery Programs - CalRecycle Home Page.  

  Who Must Recycle Organic Waste

  As of January 2022, all commercial customers are required to recycle organic waste. The City of Bell Gardens offers organic waste recycling services from six (6) solid waste and recycling haulers for commercial customers. For more information on the current services provided, please contact the current solid waste and recycling haulers listed on Commercial Waste Service | Bell Gardens, CA.

  Pursuant to 14 CCR Sections 18984.9 and 18984.10 businesses are required to either:

  1. Subscribe to and participate in their jurisdiction’s organics curbside collection service; or
  2. Self-haul organic waste to a specified composting facility, community composting program, or other collection activity or program.

     Note: Businesses are also able  to donate or sell their recyclable materials (Public Resources Code Section 41952).

     SB 1383 requires businesses to provide collection containers for organic waste and recyclables in all areas where disposal containers are provided for customers, except in restrooms. However, if a business does not generate any of the materials that would be collected in a specific container, then it does not have to provide that particular container.

     SB 1383 also requires internal containers to conform to the proper color requirements or labeling requirements. If a business chooses to use containers that are the correct color, internal containers do not need to be replaced until they are no longer functional or until January 1, 2036, whichever comes first.

     Contamination Monitoring

     Contamination is when organic waste (food and yard waste) is placed  in the wrong cart. The City’s contracted solid waste and recycling waste haulers will be conducting ongoing contamination checks on collection days. Commercial customers will receive a notice on their container if contamination is found. SB 1383 also requires formal inspections to be conducted annually for a small percentage of all waste generators. Inspections will occur for some commercial customers at random intervals throughout the year and will be conducted by your solid waste and recycling hauler.

     To reduce contamination, businesses must provide education to employees, contractors, tenants, and customers regarding how to properly sort organic material into the correct containers. Businesses must periodically:

• Inspect organic waste containers for contamination.

   

• Inform employees if containers are contaminated.

    

• Instruct employees about how to properly sort material into the correct containers.

  Employees, contactors, tenants, and customers must properly sort organic materials into the correct containers at business establishments. Businesses must also:

• Annually educate employees, contractors, customers, and tenants on how to properly sort organic waste into the correct bins; and

   

• Provide information to new tenants within 14 days of occupation of the premises.

For more information regarding this State mandate please visit New Statewide Mandatory Organic Waste Collection - CalRecycle Home Page.

Should you have any questions, please contact your Local Assistance and Market Development liaison: Local Assistance and Market Development (LAMD) Contacts - CalRecycle Home Page .

Waivers

Your solid waste and recycling hauler can discuss opportunities regarding container size options or alternative compliance methods based on your property’s specific needs. SB 1383 allows for organics and/or recycling service waivers for commercial generators that meet one or more of the following situations:

• Use of a third-party to divert organics from landfills;
• Generates minimal organic waste (commercial properties only); and/or
• Property does not have adequate space for additional containers

To determine if your business is eligible for such a waiver request, please contact your solid waste and recycling hauler. Please note that all multi-family communities must have a food waste diversion program in place.

Commercial - Where to Go for More Information

For additional information, please visit the California Department of Resources, Recycling and Recovery (CalRecycle) webpages:

• Commercial Organics Recycling - General Questions
• Commercial Organics Recycling - FAQ's
• Commercial Organics Recycling - Food Rescue