8.70.030 Requirements for Commercial Business Generators.
Commercial businesses, including multi-family residential dwellings, shall:
   A.   Subscribe to the franchise hauler’s collection services and comply with requirements of those services. The City or City’s designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Commercial businesses shall adjust their service level for their collection services as requested by the City.
   B.   Generator shall place designated materials in the permitted containers. A person or entity is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Commencing January 1, 2022, labels will be placed on each new container or lid provided to generators consistent with the applicable container collection requirements and limitations of this article specifying what materials are allowed to be placed in each container.
   C.   Supply and allow access to adequate number, size and location of collection containers for employees, contractors, tenants, and customers.
   D.   Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. The containers provided by the business shall have either:
      1.   A body or lid that conforms with the container colors provided through the collection service provided by the City’s franchised hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
      2.   Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Container labeling requirements are required on new containers placed into service commencing January 1, 2022.
   E.   Multi-family residential dwellings are not required to comply with container placement or labeling requirements.
   F.   To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials.
   G.   Excluding multi-family residential dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of said containers.
   H.   Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated materials.
   I.   Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separated materials and the location of containers and the rules governing their use at each property.
   J.   Provide or arrange access for City or City’s designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance.
   K.   Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site (14 CCR Section 18984.9(c)).
   L.   Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements.
[Ord. No. 621, 1/18/22.]