Green Waste in California: SB 1383 Bins, Fines, and Waivers

California’s green waste rules require every household, business, and multi-family property to separate organic waste from regular trash and place it in a designated green container for collection. The rule comes from Senate Bill 1383, which took full effect in 2022, and local jurisdictions have been issuing fines to non-compliant generators since January 1, 2024. Organic waste covers far more than lawn clippings: food scraps, food-soiled paper, untreated wood, and yard trimmings all belong in the green bin.

What Belongs in the Green Bin

California’s regulatory definition of organic waste is broad. It covers any solid waste that originated from living organisms, including food, yard and landscaping debris, wood and lumber, paper products, textiles, carpets, manure, and biosolids.1New York Codes, Rules and Regulations. California Code of Regulations Title 14, 18982 – Definitions For everyday sorting, the materials that go in the green container are food scraps of any kind (produce, meat, dairy, bones, bread, leftovers), yard trimmings (grass, leaves, branches, prunings), food-soiled paper that can no longer be recycled (napkins, paper plates, coffee filters), and untreated wood waste.2CalRecycle. Mandatory Commercial Organics Recycling

Some items surprise people. That greasy pizza box counts as organic. So does an old cotton t-shirt, since textiles fall under the state’s definition. But not everything organic-sounding belongs in the green bin. Carpets, non-compostable paper, and hazardous wood waste (treated or painted lumber) are prohibited.3Legal Information Institute. California Code of Regulations Title 14, 18984.1 – Three-Container Organic Waste Collection Services Plastic bags, glass, Styrofoam, and pet waste don’t belong there either.

Compostable plastics that meet the ASTM D6400 standard may be accepted, but only if your local facility has confirmed in writing that it can process them. Check with your hauler before assuming a “compostable” cup or bag is fine.

Contamination matters. A single load of food scraps mixed with plastic can ruin an entire batch of compost, which is why haulers may tag or skip a contaminated green container instead of collecting it.

How the Three-Container System Works

Most jurisdictions provide three color-coded containers, each with a defined role:3Legal Information Institute. California Code of Regulations Title 14, 18984.1 – Three-Container Organic Waste Collection Services

  • Green container: organic waste only, meaning food scraps, yard trimmings, food-soiled paper, and other compostable material.
  • Blue container: recyclables, plus certain organic materials better recovered through recycling than composting, including clean paper, cardboard, printing and writing paper, dry lumber, wood, and textiles.
  • Gray container: everything else that isn’t organic and isn’t recyclable.

One common sorting mistake is putting soiled paper in the blue bin and clean paper in the green bin. It’s the other way around. Clean, dry paper and cardboard go with recyclables; paper contaminated with food or grease goes with the compost.

A minority of jurisdictions use an alternative setup where food waste goes into the gray container, provided the contents are sent to a facility that can recover the organics. If your local program works that way, the gray container will be labeled accordingly.3Legal Information Institute. California Code of Regulations Title 14, 18984.1 – Three-Container Organic Waste Collection Services

Rules for Businesses and Multi-Family Properties

Commercial businesses and multi-family residential complexes with five or more units must either subscribe to the jurisdiction’s organic waste curbside collection or self-haul their organic waste to a composting facility, community composting program, or other approved recovery operation.4CalRecycle. Statewide Mandatory Organic Waste Collection This sits on top of the earlier AB 1826 mandate, which required commercial organics recycling for businesses generating at least two cubic yards of total solid waste per week.2CalRecycle. Mandatory Commercial Organics Recycling

Property owners and managers of multi-family complexes have additional duties. They must provide properly labeled, color-coded containers in all common trash areas, educate tenants and employees on proper sorting at least once per year, and give sorting information to new tenants within 14 days of move-in.4CalRecycle. Statewide Mandatory Organic Waste Collection Businesses must similarly train their employees on sorting at least annually.

Landscapers and other commercial self-haulers who take their own green waste to a composting facility must keep delivery receipts and weight tickets from each facility that receives their material, including the amount in cubic yards or tons.5CalRecycle. SB 1383 Recordkeeping Requirements Jurisdictions can request those records at any time.

Edible Food Recovery for Large Food Businesses

SB 1383 doesn’t stop at composting. Large commercial food generators must also send surplus edible food to food recovery organizations rather than throwing it out, and the penalties for skipping this obligation match the penalties for any other SB 1383 violation.

Tier 1 generators have been required to comply since January 1, 2022. This tier covers supermarkets with $2 million or more in gross annual sales, grocery stores of 10,000 square feet or larger, food service providers operating under contract at institutional or commercial sites, and food distributors and wholesale food vendors.6CalRecycle. How to Identify SB 1383 Commercial Edible Food Generators

Tier 2 generators came under the requirement on January 1, 2024: restaurants with 250 or more seats or 5,000 square feet or larger, hotels with 200 or more rooms and an on-site food facility, health facilities with 100 or more beds and an on-site food facility, large venues and events serving an average of more than 2,000 people per day, state agency cafeterias with 250 or more seats or 5,000 square feet or larger, and any local education agency with an on-site food facility.6CalRecycle. How to Identify SB 1383 Commercial Edible Food Generatorsp>

If your business falls into either tier, you need a written contract or agreement with a food recovery organization or service. Informal donations don’t satisfy the rule.

Fines for Non-Compliance

Local jurisdictions began enforcing SB 1383 against generators on January 1, 2024.7CalRecycle. Jurisdiction Enforcement Enforcement starts with notice: you get a written violation and a deadline to fix the problem before any fine lands. If the issue isn’t corrected, penalties escalate on a per-violation basis within a one-year period:8Legal Information Institute. California Code of Regulations Title 14, 18997.2 – Penalty Amounts

  • First violation: $50 to $100
  • Second violation: $100 to $200
  • Third or subsequent violation: $250 to $500

These amounts apply to residents, businesses, and multi-family property owners alike. The most common violations are failing to subscribe to organic waste collection, contaminating the green container with non-organic material, and failing to provide the required annual sorting education to tenants or employees. The exact fine within each range is set by the local jurisdiction.

Illegal Dumping Carries Much Larger Fines

Dumping green waste or any other waste material on public or private property is a separate offense under California’s Penal Code, and the numbers are far higher than SB 1383 fines. A first conviction carries a mandatory fine of $250 to $1,000, a second conviction $500 to $1,500, and a third or subsequent conviction $750 to $3,000.9California Legislative Information. California Penal Code 374.3

Commercial-quantity dumping is a misdemeanor punishable by up to six months in county jail, plus mandatory fines starting at $1,000 to $3,000 for a first offense and climbing to $6,000 to $10,000 for a third. If the responsible business employs more than ten full-time workers, those fines can reach $5,000 for a first offense and up to $20,000 for a third.9California Legislative Information. California Penal Code 374.3 Courts can also order the person responsible to remove the waste or pay removal costs, and may require at least 12 hours of community cleanup service.

Who Can Get a Waiver

Not every property or jurisdiction has to meet the full requirements. CalRecycle allows waivers in specific situations.10CalRecycle. Department-Issued Waivers

For individual entities, waivers are available where the property generates little or no organic waste (de minimis), where the property physically cannot fit additional containers, or where the entity sits inside a jurisdiction that already holds a waiver. These pathways are limited to non-local entities (federal facilities, state agencies, public universities, prisons, and similar operations not subject to local waste regulations) and local education agencies.

Entire jurisdictions can qualify based on population or geography. Cities and special districts that disposed of less than 5,000 tons of solid waste in 2014 and have fewer than 7,500 residents may qualify, as may unincorporated census tracts with fewer than 75 people per square mile. Jurisdictions located entirely at or above 4,500 feet can apply for a waiver from food waste and food-soiled paper separation requirements. Rural jurisdictions, as defined in Public Resources Code section 42649.8, may adopt a resolution to exempt themselves if they document the need.

If you live in a small mountain community or a sparsely populated rural area, check with your city or county before assuming the green-bin requirement applies to you.