(a) A jurisdiction may comply with the requirements of this article by providing a single gray container to each generator that allows for intentional comingling of all collected wastes, including organic waste, provided that the contents of the gray container are transported to a high diversion organic waste processing facility.(b) If the facility that the container is transported to has an annual average mixed waste organic content recovery rate that is lower than required in Section 18982(a)(33) for two (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within three (3) years, the facility shall not qualify as a high diversion organic waste processing facility.(c) If the jurisdiction is in violation of this section due to a facility to which it sends organic waste being unable to meet the required annual average mixed waste organic content recovery rate, the jurisdiction shall be subject to the enforcement process in Section 18996.2, which may include a corrective action plan as specified in that section allowing it time to meet the requirements of this article prior to the Department seeking administrative penalties.(d) Notwithstanding Subdivision (a), the contents of containers may be initially transported to a consolidation site as defined in Section 17402 that complies with the requirements of Section 17409.5.10.(e) A jurisdiction may allow organic waste specified for collection in the gray container to be placed in bags for collection.(f) Nothing in this section is intended to prohibit a jurisdiction from providing an uncontainerized green waste and yard waste collection service to its generators, provided that the service complies with the following: (1) Generators receiving that service must be provided a collection service for the collection of other organic waste in a manner that complies with this section.Cal. Code Regs. Tit. 14, § 18984.3
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). 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 section filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).