Solid Waste and Recycling Waivers for SB 1383

On January 1, 2022, all commercial businesses in the City of Lakewood — including multi-unit residential dwellings — must comply with all State of California-mandated recycling and organic waste recycling provisions. Certain commercial businesses may qualify for waivers from these mandatory program requirements. Only businesses who have requested and received a waiver from the City can avoid mandated participation in recycling and organic waste recycling programs through a franchise-hauler program. Individual residents are not eligible for these waivers.

Businesses applying for an exemption can access the required forms below. These forms must be completed in their entirety and contain all the requested information for the City to consider your request. Businesses that are granted waivers will be exempted from that specific state mandate for a five-year period. Waivers must be requested for each type of exemption that you believe applies to your business. State law requires you to provide written verification of eligibility every five years to remain exempt. In addition, state law also requires you to notify the City if circumstances at your business change in the event you exceed the waste-generation threshold for any waiver or any other relevant circumstances change.

De Minimis Waiver 

The City may waive a commercial business’s obligation to comply with some or all of the recycling and organic waste requirements of SB 1383 if the business provides documentation demonstrating that it generates a limited amount of organic waste if:

  • The business’s total solid waste collection service is two cubic yards or more per week, and organic waste subject to collection in a blue container (recycling) or a green container (organic waste recycling) comprises less than 20 gallons per week per applicable container of the business’s total waste.
  • Or, the business’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container (recycling) or a green container (organic waste recycling) comprises less than 10 gallons per week per applicable container of the business’ total waste.

    The City’s determination on your waiver is final. If a waiver is not approved, your business is required to subscribe to mandated service immediately.

    DE MINIMIS WAIVER REQUEST FORM(PDF, 290KB)

    Space Constraint Waiver

    If your site genuinely lacks adequate space to place separate organics recycling containers, you may apply for a space-constraint waiver. To qualify, businesses and property owners must demonstrate space constraints that cannot be addressed through downsizing containers, using split containers, or other solutions. Businesses or property owners must first confer with the City to consider all feasible solutions to the space constraint. State regulations allow the City to waive compliance with some or all of the recyclable materials and/or organic waste collection service requirements only if the City has confirmed through evidence from its own staff, a hauler, licensed architect, or licensed engineer that the premises lacks adequate space for the required containers.

    The City’s determination on your waiver is final. If a waiver is not approved, your business or property is required to subscribe to mandated service immediately.

    SPACE RESTRAINT WAIVER REQUEST FORM(PDF, 290KB)

    Third-Party Recycling or Internal Program Waiver

    A commercial business may opt out of solid waste and recycling collection services provided by a franchise hauler only if it provides sufficient information to the City demonstrating an internal recycling program(s) and/or a program provided by another service provider complies with state recycling laws. By signing and submitting this waiver request, your business attests that it agrees to submit information on a quarterly or annual basis, as determined by the City, to verify ongoing programs.

    Verification of ongoing programs includes:

  • Specify the name of the applicant’s service provider.
  • Providing the name and location of the solid waste facility, operation, activity, or property that received the materials for recovery or processing.
  • Maintaining a record of the quantity, in cubic yards or tons, of organic waste and/or recyclables transported in the form of delivery receipts and weight tickets.
  • These records shall be subject to City inspection upon request.

If a business’s third-party recycling or internal program(s) do not meet state requirements, or accurate records are not provided to the City, the waiver will be rescinded and a franchise hauler is required to provide all mandated programs to your location as a condition of their City franchise. State law requires the City to monitor its commercial businesses to ensure compliance with these state requirements.

The City’s determination on your waiver is final. If a waiver is not approved, your business or property is required to subscribe to mandated service immediately.

THIRD-PARTY RECYCLING OR INTERNAL PROGRAM WAIVER REQUEST FORM(PDF, 863KB)

More Information

If you have additional questions or would like to schedule a free consultation, please email kvivanti@lakewoodcity.org or contact at 562-866-9771 ext. 2507.

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