De Minimis Waiver

Please note: Businesses that have received a denial of the de minimis waiver must have at least six months of organics recycling services before they may reapply for a waiver.

State Senate Bill 1383 supersedes all other recycling law requirements where conflict exists. This law requires all generators, both residential and non-residential, to subscribe to a 3-container solid waste collection service. Under this law non-residential entities may apply to local jurisdictions for waivers if they meet the following requirements:

Minimum organic waste generation, where organic waste includes, but is not limited to, food, food soiled papers, grass, leaves, branches, cardboard, and paper products:

• Generates 2 cubic yard or more per week total solid waste (trash, recycling, and organics combined) and generates 20 gallons (2 tall kitchen trash bags) or less of organic waste; or
• Generates less than 2 cubic yards per week total solid waste (trash, recycling, and organics combined) and generates 10 gallons (1 tall kitchen trash bags) or less of organic waste.

The County of Kern may waive a Commercial Business’ obligation to comply with some or all of the organic waste requirements of SB 1383 regulations if the Commercial Business provides documentation that the business generates below a certain amount of organic waste material as described above.

Automatic Waiver Denial

To qualify for an SB 1383 De Minimis Waiver, an entity is only allowed to generate 10 to 20 gallons total organic waste per week. It has been determined that non-residential entities in the following industries generate over the allowed amount and will therefore be denied without an inspection. All other non-residential entities will still need to pass the inspection process. Businesses that will receive denials:

• Businesses with more than 30 employees onsite
• Construction Companies
• Schools with more than 20 people onsite
• Food & Dining including Grocery Stores, Restaurants, Fast Food, Coffee Shops
• Health Facilities that serve food
• Flower Shops
• Landscape & Lawn Services
• Nurseries
• Hotels/Motels/Extended Stay
• Gas Stations/Convenience Stores
• RV Parks
• Large Events & Large Venues
• Multi-Family Dwellings including Mobile Home Parks, Apartment Complexes, RV Parks
• Recreation/Entertainment Venues
• Entities with shared services: Shopping Centers, Strip Malls, Industrial Complexes
• Any entity with 9 cubic yards or more of trash service per week

Application

The following form must be filled out completely, without any missing data for consideration. Keep in mind that County-granted waivers must meet state criteria. The County’s determination on your waiver is final. If waiver is not approved, your business is required to subscribe to mandated service immediately. The County is obligated to conduct a site visit, which includes taking photographic evidence, to confirm and validate information presented in this form.

Please provide the following information to request a De Minimis Waiver.