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 two (2) 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 organics and 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 (5) units.
3. "Multi-Family Residential Dwelling" means any residential dwelling property with five (5) or more units in the City that generates two (2) cubic yards or more of Commercial Solid Waste per week.
4. "Organic Waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
5. "Source Separate" means the process of removing organics recyclable materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for organics recyclables.
B. Requirements. On or before February 1, 2021, 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 organics recyclable materials from solid waste being discarded, and subscribe with the City's franchise hauler for pickup of organics recyclable materials separately from solid waste.
2. Source Separate organics recyclable materials from solid waste being discarded, and self-haul organics 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 organics recyclable materials. On or before February 1, 2021, tenants of Multi-Family Residential Dwellings shall be required to Source Separate their organics recyclable materials, upon reasonable request by the property owner. Multi-Family Residential Dwellings are not required to have a food waste diversion program.
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 organics recyclable materials pursuant to Public Resources Code Section 41952.
[Ord. No. 620-A, 1/13/21.