.010 Responsible Parties of Commercial Businesses (which does not include Multi-Family Residential Dwellings and that do not meet the Self-Hauler requirements in Chapter 10.10.040) shall:
(1) Subscribe to the Franchisee’s Three-Container System or, if made available by Franchisee, Two-Container System for all Discarded Materials generated. City Manager or their 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; and, Commercial Businesses shall adjust its service level for its collection services as requested by the City Manager or their Designee.
(2) Participate in the Franchisee’s Discarded Materials collection service(s) by placing designated materials in designated Containers.
(3) Supply and allow access to adequate number, size, and location of collection Containers with sufficient labels or colors (conforming with Chapters 10.10.110 (e)(i) and (e)(ii) below) for employees, contractors, tenants, and customers, consistent with Franchisee’s Discarded Materials collection service.
(4) Except Commercial Businesses that meet the Self-Hauler requirements of Chapter 10.10.040, shall participate in the Franchisee’s Discarded Materials collection service(s) by placing Discarded Materials in designated Containers based on the available program.
(5) Not place and/or direct its Generators to not place Prohibited Container Contaminants in collection containers dependent on the Franchisee’s available program.
(6) Provide Containers for the collection of Source Separated Organic Material and Source Separated Recyclable Materials in all indoor and outdoor areas where 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 Section 18984.9(b), the Containers provided by the business shall have either:
(i) A body or lid that conforms with the Container colors provided through the collection service provided by Franchisee, 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.
(ii) 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 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.
(7) Prohibit employees from placing materials in a Discarded Materials Container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures.
(8) Annually inspect 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 Section 18984.9(b)(3).
(9) Annually provide information to employees, contractors, tenants, and customers about Organic Material Recovery requirements and about proper sorting of Source Separated Organic Material and Source Separated Recyclable Materials into Recyclable Material.
(10) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Material and Source Separated Recyclable Materials separate from Solid Waste and the location of Containers and the rules governing their use at each property.
(11) Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with Chapter 10.10.190 to confirm compliance with the requirements of this ordinance.
(12) Meet the Self-Hauler requirements in Chapter 10.10.040 if a Commercial Business wants to Self-Haul.
(13) Not prohibit a generator from preventing or reducing waste generation, managing Organic Material on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(14) Be the duty of every person in possession, charge or control of any boarding home, Restaurant, hotel, apartment, Commercial occupancy, industrial occupancy, eating house or vacant lot within the City to keep the premises in their control in a “sanitary condition”, which is hereby defined to mean that all parts thereof are free and clean of any accumulation of Discarded Material.
(15) Comply, if a Commercial Business that is Tier One or Tier Two Edible Food Generators, with Food Recovery requirements pursuant to Chapter 10.10.210. (Ord. 6519 § 1 (part); December 11, 2021.)