Show All Answers

1. Why divert waste?

Organics like food scraps, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills. Organic waste decomposing in landfills is a large source of methane emissions, a climate super pollutant much more potent than carbon dioxide (CO₂).

By diverting organics from the landfill, you will help fight climate change by reducing greenhouse gas (GHG) emissions. Additionally, in Milpitas, food scraps and food-soiled paper are turned into an ingredient used in animal feed. This means more food for all!

2. Who is impacted and how can you comply with the new law?

Single Family

If you have a split-cart for garbage/food scraps, you are already in compliance! Keep up the good work by continuing to separate all food scraps and food soiled paper and placing them in the brown side/food scraps side of your split-cart.

Multi-Family & Businesses

All businesses and multi-family properties will need to have organic waste collection services (yard trimmings and food scraps). Contact Milpitas Sanitation, Inc. to sign up for collection services 408-988-4500 or visit the Milpitas Sanitation website).

Large grocery stores and food distribution businesses must donate edible food to food recovery organizations (such as food banks) with other food businesses starting food donations in 2024. To find out if you are required to donate excess edible food, visit the Santa Clara County Food Recovery Program page.

De Minimis Waiver

If you are a commercial business/multi-family generating only minimal amounts of waste, you may be eligible for the De Minimis Waiver (PDF) to be in compliance.

3. What counts as organic?

Organic waste includes yard trimmings, food scraps, paper, and cardboard.

4. What goes in the green yard trimmings cart/bin?

Your Green Yard Trimmings cart is for yard trimmings and clean wood only:

• Flowers and leaves
• Ivy and weeds
• Grass clippings
• Small branches (less than 6 inches in diameter)
• Tree stumps (smaller than 16 inches in diameter)
• Untreated dimensional lumber (less than 24 inches long)

5. What goes in the food scraps compartment (residences) or dedicated food scraps cart/bin (for businesses/multi-family complexes)?

All fresh, frozen, cooked and moldy food scraps, including:

• Peels, pits and rinds
• Dairy products
• Bread, pasta and other grains
• Coffee grounds and tea leaves
• Meats and bones
• Backyard fruit and vegetables

Food-soiled paper, including:

• Paper plates
• Napkins and paper towels
• Paper coffee cups
• Paper take out containers
• Soiled newspaper and kraft paper bags

You can use a clear plastic bag to collect the food scraps before placing in the cart/bin. Also remember to remove food from the packaging before disposing.

6. What do I need to do?

By January 1, 2022, every business, household, and commercial property (both existing and new) in California will need to subscribe to organic waste (both food scraps and yard trimmings) collection in addition to garbage and recycling. Single-family homes in Milpitas are already compliant due to the split cart system. Businesses, including multi-family dwellings, will need to subscribe to food waste collection. Contact Milpitas Sanitation (MSI) at 408-988-4500 to set up services.

If your business generates a lot of food waste (such as a grocery store, food warehouse, or large restaurant), you may be considered a Commercial Edible Food Generator and are required to set up a food donation program with a local food recovery organization. To find out more information about the edible food recovery portion of SB 1383, along with Santa Clara County's specific efforts, visit the Santa Clara County Food Recovery Program page.

7. What happens if I choose not to participate and do not subscribe to food waste collection?

Unlike other previous legislation for organics collection, SB 1383 authorizes municipalities across California to inspect and enforce for non-compliance. If found to be non-compliant, Milpitas will have the ability to issue citations and penalties.

8. I need help to determine how/if my service is adequate. Who do I contact?

Contact Milpitas Sanitation, Inc. (MSI) to set up an appointment for technical assistance. MSI have staff members who are trained to help you look at your operations to "right size" your containers and collection service levels and can answer questions about the new requirements.

9. I am a business that regularly deals with food. Do I have to donate my edible food?

According to the regulations, there are two tiers of Edible Food Generators. The following graphic from the State (CalRecycle) can help you determine whether you are Tier 1, Tier 2, or neither one. Depending on your Tier, there are different dates for your business to comply that is based on the tier classification of your business.

10. I need more information. Where can I learn more about SB 1383?

To learn more about SB 1383, you can visit the CalRecycle website.

To learn more about Edible Food Recovery and Food Donation, the City of Milpitas is working with the County of Santa Clara to coordinate regional collaboration and focus to businesses. You can learn more at the Santa Clara County Food Recovery Program page.

11. I have questions, is there someone that I can contact in the City of Milpitas?

Our Solid Waste and Recycling Team will be available to answer questions. Inquiries can be sent via email, or you can call 408-586-3342.