Generators that are commercial businesses, including multi-family residential dwellings, shall:
(A) Subscribe to the city's three-container collection services and comply with requirements of those services as described below in § 6.18.030(B), except commercial businesses, or multi-family residential dwellings, that meet the waivers for generators in § 6.18.040 or self-hauler requirements in § 6.18.080 of this chapter. The city, and/or the 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; and, commercial businesses shall adjust their service level for their collection services as requested by the city.
(1) Option 1. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray/black container waste in the gray/black container. Generator shall not place materials designated for the gray/black container into the green container or blue container.
(2) Option 2. If a commercial business/property owner or a multi-family property owner is granted a de minimis or physical space waiver by the city, pursuant to § 6.18.040 of this chapter, then one of the container configurations below in § 6.18.030(B)(2)(a) or § 6.18.030(B)(2)(b) will be implemented for the premises dependent upon the type of waste and materials generated.
(a) Option 2a. Green container and gray/black container: generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials in a gray/black container.
(b) Option 2b. Blue container and gray/black container: generator shall place only source separated recyclable materials in a blue container. Generator shall place all other materials in a gray/black container.
(C) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with § 6.18.030(D)(1) and § 6.18.030(D)(2) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray/black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 6.18.080.
(D) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. 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. Pursuant to 14 CCR § 18984.9(b), 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, 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 division 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. Pursuant to 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in § 6.18.030(D) pursuant to 14 CCR § 18984.9(b).
(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 per the city's blue container, green container, and gray/black container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 6.18.080.
(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray/black containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).
(H) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
(I) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray/black container waste (when applicable depending upon the three-container or two-container configuration) and the location of containers and the rules governing their use at each property.
(J) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with § 6.18.100 of this chapter to confirm compliance with the requirements of this chapter.
(K) Accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with § 6.18.030(B). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray/black containers.
(L) At commercial business's option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray/black containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray/black containers subject to written notification to or approval by the city or its designee.
(M) If a commercial business wants to self-haul, meet the self-hauler requirements in § 6.18.080 of this chapter.
(N) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).
(O) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 6.18.050.
(Ord. 4787, passed 5-24-21)