CalRecycle is now accepting applications for waivers and exemptions.
Please email your waiver application and questions to: slcp.organics@calrecycle.ca.gov
The Short-Lived Climate Pollutant Reduction Strategy tasks jurisdictions with providing all residents and businesses with mandatory organic waste collection services. If certain conditions are met, CalRecycle may issue waivers to jurisdictions, local education agencies, and non-local entities that exempt them from some or all of these collection requirements.
Rural, Elevation, and Low-Population Jurisdictions
Rural, elevation, and low-population jurisdictions have a small organic waste footprint and face significant challenges to collecting organic material. These jurisdictions can apply to the department a waiver from the organic waste collection requirements that are outlined in Article 3 (14 CCR 18984 – 18984.14) or SB 613 (Seyarto, Chapter 878, Statutes of 2023). Jurisdictions that receive a department-issued waiver will still contribute to the state’s organic waste recovery targets by implementing other sections of the regulations.
Emergency Waivers
Jurisdictions must notify CalRecycle after issuance of a waiver allowing a facility to temporarily dispose of organic waste in the event of unforeseen circumstances at the facility. Additionally, jurisdictions must submit a waiver to the department to authorize the landfill disposal of organic waste collected in disaster debris, such as from wildfires or other natural disasters.
Non-Local Entities and Local Education Agencies
Non-local entities and local education agencies can apply to CalRecycle to waive their obligation to comply with some or all of the organic waste collection requirements [14 CCR 18986.3(a)]. A non-local entity or local education agency may receive a waiver if any of the following circumstances apply:
- If the non-local entity or local education agency generates a de minimis amount of organic material, the entity may receive a waiver from collecting material in the blue and/or green container. For example, if no food waste or green waste is generated on site, then a green collection container for that material would not be necessary. However, a blue recycling container would still need to be provided for the collection of other organic waste, such as paper products and cardboard.
- If a non-local entity or local education agency has space constraints that would prohibit the use of the green and/or blue collection container onsite, the entity may receive a waiver from collecting materials in one or both of those containers. This waiver is only applicable in limited scenarios and should decrease in use over the years.
- If a jurisdiction is granted a low-population, rural, or elevation waiver and the non-local entity or local education agency is located in the area that is waived, then the non-local entity or local education agency does not have to comply with the requirements outlined in 14 CCR 18986.1-18986.3.E
Webinars
CalRecycle held a webinar for non-local entities and state agencies to explain how to submit a waiver from some or all of the organic waste collection services required by SB 1383.
- January 17, 2023: SB 1383 non-local entities and state agencies waiver submittal process: YouTube (1:27:17) | Transcript
- Webinar PowerPoint presentation
Waiver Eligibility and Applications
The tables below provide an overview of each type of department-issued waiver and a link to the related waiver application, notification, and/or recordkeeping.
Please email your waiver application and questions to: slcp.organics@calrecycle.ca.gov
Department-Issued Waivers for Jurisdictions and Jurisdiction Notifications to the Department
Low Population Waiver Application for Cities and Special Districts that Provide Solid Waste Collection Services
A jurisdiction (city or special district providing solid waste collection services) may apply to CalRecycle for a waiver for some or all of its generators from some or all of the requirements of Article 3 (14 CCR 18984-18984.10).
To qualify, the following must apply:
- The jurisdiction disposed less than 5,000 tons of solid waste in 2014.
- The jurisdiction has a total population of less than 7,500 people.
Low Population Waiver Application for Unincorporated Portions of Counties and Special Districts that Provide Solid Waste Collection Services Located in Unincorporated Portions of Counties
Unincorporated counties or special districts providing solid waste collection services and are located in an unincorporated county may apply to CalRecycle for a waiver for all of its generators located within specified census tracts from some or all of the requirements of Article 3 (14 CCR 18984-18984.10).
To qualify, the following must apply:
- The unincorporated census tracts individually have a population density of less than 75 people per square mile.
Elevation Waiver Application
A jurisdiction may apply to CalRecycle for a waiver from the requirement to separate and recover food waste and food-soiled paper if the entire jurisdiction is at or above an elevation of 4,500 feet or for portions of an unincorporated county with specific census tracts that are at or above an elevation of 4,500 feet.
The elevation waiver can be for some or all of its residential and commercial generators located at or above 4,500 feet.
Rural Exemption Application
A rural jurisdiction may apply to CalRecycle for an exemption from complying with the organic waste collection requirements outlined in Article 3 (14 CCR 18984-18984.14)
To qualify, the following must be met:
- The jurisdiction meets the definition of a “Rural Jurisdiction” as defined in PRC Section 42649.8.
- The jurisdiction’s governing body adopts a resolution that includes a finding regarding the purpose of and need for the exemption.
Please note all cities in rural counties will need to submit their own waiver application and pass their own resolution, unless they are located in a rural county that is a Joint Power Authority (JPA) or a Regional Agency (RA) that has passed a countywide resolution and that has been delegated these authorities and obligations. All cities located in a rural county that is a qualifying JPA or a RA that has passed a countywide resolution will need to submit either (1) their own waiver application or (2) evidence of the delegation, unless the JPA or RA has done so on their behalf.
Notification of Emergency Processing Facility Temporary Equipment or Operational Failure Waivers Issuance
CalRecycle must be notified within 10 days of a waiver decision by a jurisdiction per 14 CCR 18984.13(a).
A jurisdiction may issue a waiver to allow the organic waste stream transported to a facility by its hauler(s) to be deposited in a landfill or landfills for up to 90 days in the following circumstances:
- The facility processing the jurisdiction’s organic waste has unforeseen operational restrictions that have been imposed upon it by a regulatory agency or an unforeseen equipment or operational failure has temporarily prevented the facility from processing and recovering organic waste.
This form has been developed as a means to notify CalRecycle.
Disaster and Emergency Notification Submittal
A jurisdiction may obtain a waiver from the department for the landfill disposal of “disaster debris” as defined in CCR Section 17210.1(d) when division of the debris cannot be diverted as defined in CCR 17210.1(e).
- To qualify, the Enforcement Agency must have granted a disaster waiver, pursuant to CCR 17210.4 and 17210.9. For more information, visitGuidance: Emergency Waiver of Standards.
Non-Local Entity Waiver Application
A non-local entity may apply to CalRecycle for a waiver from some or all of the collection requirements of Article 3 the requirements of Article 5 (14 CCR 18986.1).
To qualify, one of the following criteria must apply:
- Inadequate space for containers.
- De minimis amount of generated organic waste.
- The non-local entity is located within a jurisdiction or census tract that has been granted a waiver by CalRecycle.
- A waiver application must be submitted for each location/address of the non-local entity that requests to be waived.
Local Education Agency Waiver Application
A local education agency may apply to CalRecycle for a waiver from some or all of the organic waste collection services requirements of Article 5 (14 CCR 18986.2).
To qualify, one of the following criteria must apply:
- Inadequate space for containers.
- De minimis amount of generated organic waste.
- The local education agency is located within a jurisdiction or census tract that has been granted a waiver by CalRecycle.
- A waiver application must be submitted for each location/address of the local education agency that requests to be waived.
Process for Submitting Waiver Requests & Notification
Jurisdictions, non-local entities, and local education agencies may submit waiver requests to CalRecycle.
Please email your waiver application and questions to: slcp.organics@calrecycle.ca.gov
- CalRecycle will review each request for a waiver or notification to ensure that it is complete and accurate. If the request or notification is not complete or accurate, CalRecycle will contact the person submitting the request for clarification and/or additional information.
- After review of a complete and accurate waiver request, CalRecycle will notify the applicant of the approval and will post approved waivers on this page (see Department Approved Waivers below).
On September 23, 2021, CalRecycle hosted a statewide webinar that reviewed the requirements for jurisdictions, non-local entities, local education agencies, solid waste facilities to be issued a waiver or exemption by the Department. The webinar included a review of the waiver and exemption application forms and a question and answer session.
- SB 1383 Department-Issued Waivers and Exemption Webinar | YouTube (1:03:51)
- PowerPoint Presentation (Coming soon)
Determining Eligibility
The information below will provide basic data that a jurisdiction would need to determine some waiver eligibility based on: total county population for rural designation, unincorporated census tract population density, and jurisdiction population.
- California DoF Census Tract Population Density: Population Density for each tract, sorted by county (Column F)
- Census Tract reference maps available from U.S. Census: Grouped by county
- DoF County and Jurisdiction populations: Sorted by county
- Disposal Reporting System (DRS) Data Reports
- California Census Tracts partially or fully above 4,500 feet elevation in non-rural counties: Sorted by county
For more information contact: Short-Lived Climate Pollutants (SLCP), Organic Waste Methane Emissions Reductions, SLCP.organics@calrecycle.ca.gov