SB 1383 for Businesses

What does SB 1383 mean for my business?

The CalRecycle SB 1383 Organics Regulations will require all businesses to follow certain rules regarding waste sorting, collection, and education. These rules apply to all organizations, including non-profits. An overview guide of these requirements can be viewed here.

SB 1383 Requirements for Businesses

Recycling and Organics Recycling Collection

While having access to recycling and organics recycling service has been required for a number of years by Statewide solid waste laws AB 341 and AB 1826 as well as by City Ordinance, the new statewide regulations under SB 1383: Short-Lived Climate Pollutants will require significant changes to the way that businesses and residents statewide manage their waste. Unlike past statewide solid waste laws that were very generalized about how they could be implemented locally, these regulations are purposefully specific and detailed in their requirements for the City, businesses, and residents. 

What this means for businesses: Businesses must either subscribe to and participate in the City's recycling and organics collection service or self-haul recyclables and organic waste to a recycling or compositing facility.

Adequate Access to Organics Recycling

Businesses must ensure they have adequate access to recycling and organics recycling services for their employees, contractors, and customers, including supplying and allowing access to an adequate number, size, and location of containers with either sufficient labeling or the appropriate color. 

Waste Bin Placement

All businesses must provide recycling and organics bins next to each trash bin (except restrooms) for their employees, contractors, and customers. Businesses must supply and allow access to an adequate number, size, and location of recycling and organics bins to ensure that all organics and recyclables are kept out of the trash. 

Education and Inspection

If you are a property manager or landlord, you must annually provide SB 1383 education to all tenants on how to properly sort recyclables and food scraps into the correct bins. Property management must provide new tenants with information about their SB 1383 requirements to sort waste properly within 14 days of occupation. In addition, businesses should:

  • Inspect trash, recycling, and food scrap recycling containers for contamination periodically and inform employees if containers are contaminated.
  • Instruct employees on how to properly sort materials into the correct trash, recycling, and food scrap recycling containers.
  • Annually educate employees, contractors, tenants, and customers about SB 1383 recycling requirements and proper sorting of recyclable and food scrap material. 

Can I Opt-out of Recycling and Organics Waste Collection Services?

While the SB 1383 regulations do not allow businesses to opt-out of recycling and organics recycling requirements, they have an exemption clause where businesses that meet the de minimis or physical space criteria can be exempted from some of the SB 1383 requirements.

De Minimis Waiver

The City may waive a business obligation to comply with some or all of the recycling and organic waste requirements of this article if the business provides documentation or the City has evidence demonstrating one of the two exceptions:

  • The business generates two cubic yards or more of waste per week (trash, recycling, and organics), and the amount of paper, cardboard and other organic waste generated is less than 20 gallons per week each.
  • The business generates less than two cubic yards of waste per week (trash, recycling and organics), and the amount of paper, cardboard and other organic waste generated is less than 10 gallons per week each.

The City must verify that the business' waste generation meets these waiver thresholds. If the City obtains information at any time that a business that has received a waiver exceeds the waste thresholds specified above, the City is required under the regulations to rescind the waiver. 

Physical Space Waiver

The City may waive a commercial business or property owner's obligation to comply with some or all of the organic waste collection service requirements if the commercial business or property owner provides documentation or the City has evidence from its staff, a hauler, licensed architect, or a licensed engineer demonstrating that the premise lacks adequate space for recycling and organic waste containers. 

The City is required to re-inspect all businesses that receive a waiver at least once every five years to ensure that the business is still meeting the de minimis or physical space waiver requirements.  

Self-Hauling 

SB 1383 regulations allow customers to self-haul their recycling and organic waste if they follow certain rules. To view all self-hauling requirements, please see LNMC Sec. 6-3-707.

Requirements for Self-hauling

Self-haulers must separate recyclables and organic waste on-site and haul the separated materials to a solid waste facility operation, activity, or property that processes or recovers separated organic waste and recyclables. The regulations are very specific on what kinds of facilities qualify to accept this material. 

OR

Haul mixed-waste materials to a high-diversion waste processing facility, where the material will be separated for recycling/composting. The regulations are very specific on what kinds of facilities qualify to accept this material.

Recordkeeping 

Self-haulers must keep a record of the amount of organic waste and recyclables delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste and recyclables. This record shall be subject to inspection by the City and include: 

  • Delivery receipts and weight tickets from the facility accepting the waste.
  • The amount of material in cubic yards or tons transported to each facility.
  • If the material is transported to a facility that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of waste received, the self-hauler is not required to record the weight of material but shall keep a record of the facilities that received the organic waste.