Beginning January 1, 2022, California Senate Bill (SB) 1383 requires all businesses and multi-family complexes (hereinafter referred to as Property/ies) to arrange for organic waste recycling services (i.e., food waste and green waste). Certain properties may qualify for waivers from these mandatory programs; however, only those who have requested and received a waiver from the City can avoid mandated participation. If a waiver is not approved by the City, your property will be required to participate in mandated services.

To apply for exemption, contact environmentalservices@cityoffullerton.com to be provided necessary forms. Waivers may be requested for each type of exemption you believe applies to your property. There are three types of waiver requests:

1. Third-Party Waiver for Properties with Landscape Contractors/Organics Recyclers

• Properties that have organics recycling by a landscaper or other third-party recycler may apply.
• Third-party recyclers must maintain disposal/recycling records and divert organics from landfills as required by state law.
• Your Property must agree to submit information to the City periodically to verify ongoing programs (copy of agreement specifying organic waste is diverted).

2. Waiver for Properties with Minimal Organic Waste (i.e., "De Minimis Waiver")

Properties that generate a limited amount of organic waste may apply for a low-generator "de minimis" waiver if they have:
A) Total solid waste collection of two cubic yards or more per week (i.e., equal to at least 12 large or 24 regular trash bags, or about two-thirds of a standard dumpster), and organic waste of less than 20 gallons per week (i.e., about 2 tall kitchen bags); or
B) Total solid waste collection of less than two cubic yards per week and collected organic waste of less than 10 gallons per week.

3. Space Constraint Waiver

• Properties lacking space for separate or additional green waste or food waste collection containers may request a space-constraint waiver.
• To qualify, you must demonstrate that space constraints cannot be resolved by downsizing containers, using split containers, or other solutions. You must first work with the City to consider solutions to space constraints.
• State regulations allow the City to waive compliance only if the City's own staff, a licensed architect, or a licensed engineer confirms the lack of adequate container space on premises.

4. Self Haul Waiver

To receive a Self-Haul Waiver, you must obtain a City of Fullerton self-hauler permit and operate in accordance with the City of Fullerton Municipal Code Section 5.14.030. To register as a self-hauler, applications must be completed, approved and renewed annually by the City. For more information, please contact the City of Fullerton via email (environmentalservices@cityoffullerton.com) or by phone at (714) 738-6897.

NOTE: Properties granted waivers will be exempted for a five (5)-year period from state requirements. To remain exempt, state law requires you to submit written verification of eligibility to the City every five (5) years. During each five-year exemption period, state law also requires that you notify the City any time the waste generated at your property exceeds the qualifying waste-generation amount for any waiver granted or of any other relevant changes.

To apply for a waiver, please complete a SB 1383 Waiver Request. Waivers will be sent out by request to environmentalservices@cityoffullerton.com. Please note that granting waivers is not a common practice and a proper investigation of the site will be completed before any waivers are granted. 

Self-Haul and Back-Haul Guidelines