A. Definitions. For purposes of this Section, the following definitions shall apply, unless the context clearly indicates otherwise:
1. “Business” means any commercial or public entity that generates four cubic yards or more of Commercial Solid Waste per week. Business includes, but is not limited to: a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, industrial facility, school, school district, special district, or a federal, State, local, or regional agency or facility. Business also includes any Multi-Family Residential Dwelling.
2. “Commercial Solid Waste” means and includes all types of solid waste, including recyclable materials that are discarded from Businesses, but does not include waste from single family residences or multi-family residential dwellings of less than five units.
3. “Multi-Family Residential Dwelling” means any residential dwelling property with five or more units in the City, regardless of the amount of Commercial Solid Waste it generates.
4. “Source Separate” means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for recyclables.
B. Requirements. Every Business within the City shall reuse, recycle, compost, or otherwise divert its Commercial Solid Waste from disposal by taking one, or any combination, of the following actions:
1. Source Separate recyclable materials from solid waste being discarded, and subscribe with the City's franchise hauler for pickup of recyclable materials separately from solid waste.
2. Source Separate recyclable materials from solid waste being discarded, and self-haul recyclable materials to a certified Materials Recovery Facility (“MRF”) or other mixed waste processing facility.
C. Multi-Family Residential Dwellings. To comply with the requirements of this Section, property owners of Multi-Family Residential Dwellings may require tenants to Source Separate their recyclable materials. Tenants of Multi-Family Residential Dwellings shall be required to Source Separate their recyclable materials, upon reasonable request by the property owner.
D. Enforcement.
1. Any Business that violates this Section shall be subject to the penalties provided by AMC section 8.01.110, subdivisions (B) through (D).
2. Each Business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section.
3. Each Business shall provide satisfactory proof of acceptable levels of waste diversion to the City, upon reasonable request by the City Manager or the City Manager's designee.
4. Nothing in this Section shall prevent or limit the existing right of any Business to donate, sell, or otherwise dispose of its recyclable materials pursuant to Public Resources Code section 41952.
[APUA Ord. No. 5, Section 2, 6/28/17]