Section 18998.1 - Requirements for Performance-Based Source Separated Collection Service(a) If a jurisdiction implements a performance-based source separated organic waste collection service it shall: (1) Provide a three-container organic waste collection service consistent with Section 18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial businesses and 90 percent of the residential sector subject to the jurisdiction's authority.(2) Transport the contents of the source separated organic waste collection stream to a designated source separated organic waste facility.(3) Ensure that the presence of organic waste in the gray container collection stream does not exceed an annual average of 25 percent by weight. (A) The annual average percent of organic waste present in the gray container collection stream shall be determined by the results of waste evaluations performed by the jurisdiction pursuant to Section 18984.5.(B) The annual average percent of organic waste present in a jurisdiction's gray container collection stream is the average of the results of the gray container waste collection stream samples performed by the jurisdiction in the immediately previous four quarters pursuant to Section 18984.5.(4) Provide collection service to organic waste generators subject to their authority. Consistent with Section 18984.1, a jurisdiction shall not require commercial businesses or residents to request solid waste collection service prior to enrollment.(5) Notify the Department pursuant to Section 18998.3.(b) Jurisdictions that delegate collection services to a designee shall include in their contracts or agreements with the designee a requirement that all haulers transport the source separated organic waste collection stream collected from generators subject to the authority of a jurisdiction to a designated source separated organic waste facility.(c) If a jurisdiction fails to meet the requirements of this section after notifying the Department in accordance with Section 18998.3, the jurisdiction shall implement an organic waste collection service that complies with the requirements of Article 3 of this chapter. The jurisdiction shall be subject to the applicable enforcement processes outlined in this chapter until services that comply with Article 3 are provided to generators, and the jurisdiction shall not be eligible for the compliance exceptions in Section 18998.2.(d) A hauler providing a performance-based source separated collection service is not required to comply with the provisions of Section 18988.2 in jurisdictions implementing this service, but shall comply with the following in jurisdictions implementing this service:(1) Only transport the source separated organic waste collection stream to a designated source separated organic waste recycling facility,(2) Keep a record of the documentation of its approval by the jurisdiction.(e) The requirements of Subdivision (d) are not applicable to:(1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, commencing with Section 41950 of the Public Resources Code, transports source separated organic waste to a community composting site; or(2) A hauler that is lawfully transporting construction and demolition debris in compliance with Section 18989.1.Cal. Code Regs. Tit. 14, § 18998.1
1. New article 17 (sections 18998.1-18998.4) and section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45). 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.
1. New article 17 (sections 18998.1-18998.4) and section filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).