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Consultant warns SB 1383 compliance will require increased tracking, staff time and possible fines
Summary
A consultant briefed the San Benito County Waste Management Task Force on California’s SB 1383 organics-diversion requirements, procurement and reporting obligations, and task force members voiced concern about staff capacity and potential $10,000-per-day penalties for noncompliance.
A consultant told the San Benito County Waste Management Task Force that complying with California’s SB 1383 organics-diversion law will require significant tracking, procurement changes and ongoing enforcement work, and task force members raised concerns about staff capacity and potential fines.
Marcy, a consultant working with the regional agency, summarized SB 1383’s core requirements: expanded collection of organic materials (yard waste, food waste and food-soiled paper), edible-food recovery obligations for certain businesses, new procurement rules for paper and compostable products, route labeling and sampling, and expanded education and reporting duties to CalRecycle. Marcy said SB 1383 targets methane reductions by diverting organics from landfills and that CalRecycle expects jurisdictions to demonstrate ongoing compliance.
During questions, a task force member asked whether penalties apply for noncompliance; Marcy responded, “Yeah. It’s a $10,000 day,” referring to the potential administrative penalty per day. Task force members and staff pressed on county readiness for the law’s documentation and procurement requirements. A county staff member said there has not yet been comprehensive documentation of purchasing to present to an auditor and that preparing such records would require substantial staff time.
The consultant and staff discussed waivers and rural exemptions that can affect the timing and cost of compliance. The presentation noted that rural extensions and waivers may reduce immediate costs for jurisdictions that qualify, but that procurement buy-in and product-availability issues will still require tracking and administrative work. The consultant recommended using available grant funds and external contractor support to accelerate compliance work and said CalRecycle will expect operating-level demonstration of collection, labeling and route sampling.
Task force members discussed options to use grant funds to hire contractors or temporary staff to prepare procurement documentation and compliance reporting. Staff said some grant funds have been set aside for contract support and that budget adjustments could reallocate money from services and supplies to meet implementation needs. No formal action or vote on hiring contractors or allocating funds was taken at the meeting.
