§ 50.17  MANDATORY COMMERCIAL AND RESIDENTIAL RECYCLING.
   (A)   Definitions. The following words or phrases, whenever used in this chapter, shall be constructed as defined in this section:
      CUSTOMER.  A generator that contracts for solid waste removal services and enters into a service agreement with a franchised authorized hauler for solid waste collection services.
      GENERATOR. An owner or responsible party of a commercial property which generates solid waste as a result of its business, commercial activity or other property activity. Generators may include tenants, property managers, and employees and contractors of generators.
      LARGE EVENT.  An event that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, including, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event, including, but not limited to, a sporting event or a flea market.
      LARGE VENUE.  A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site is a single large venue.
      ORGANIC WASTE.  Food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-solid paper waste that is mixed in with food waste.
      The definitions set forth in § 50.01 and § 50.17 shall also apply to this chapter.
   (B)   Commercial generators. Each commercial generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. Each commercial generator shall:
      (1)   Ensure the segregation of recyclable materials and organic material from garbage by placing each type of material in a separate designated receptacle or container, and ensure that employees, contractors, volunteer, customers, visitors, and other persons on site segregate recyclable materials and organic materials.
      (2)   Provide an adequate number and type of labeled receptacles needed for segregating and storing recyclable materials and organic materials, and provide adequate access to these receptacles.
      (3)   Post and maintain signs containing information and instructions on the proper segregating and storage of recyclable materials and organic materials in areas where receptacles are located.
      (4)   Ensure that all receptacles used for collecting and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to clearly differentiate which receptacles are used for recyclable materials, organic material, and garbage to minimize the contamination of material placed in receptacles.
      (5)   Provide adequate instructions to employees, contractors, and volunteers of the requirements of this chapter, including:
         (a)   The requirement and procedures to ensure the segregation of recyclable materials and organic materials from garbage;
         (b)   The employee's, contractor's, and volunteer's responsibilities regarding compliance with this chapter; and
         (c)   The types and location of receptacles and containers for recyclable material, organic materials, and garbage.
      (6)   Ensure that instructions or training materials provided to employees, contractors and volunteers are promptly made available to the city upon request.
      (7)   Ensure that the contents of receptacles are deposited in the proper container and ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers. Commercial generators shall be assessed a premium fee based on the size of the container for recyclable material and organic material containers that are collected for garbage disposal by the franchisee if the contents of their recyclable material and organic material containers contain unacceptable levels of contamination.
   (C)   Large events and large venues. Large events and large venues shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter. In addition to other requirements in this chapter and municipal code, each large event and large venue shall:
      (1)   Segregate recyclable materials and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site segregate recyclable materials.
      (2)   Ensure the large event and large venue has access to an adequate number and type of containers needed for collecting and storing recyclable materials.
      (3)   Provide or ensure the provision of adequate receptacles throughout the large event and large venue location to make the segregation of recyclable materials and organic materials convenient for employees, volunteers, contractors, vendors, exhibitors, presenters, visitors, attendees, customers, and other persons on site.
      (4)   Ensure that all receptacles used for segregating and storing recyclable materials, organic materials, and garbage are affixed with signs or labels that display the appropriate information to enable users to accurately segregate solid waste and to clearly differentiate which receptacles are used for recyclable materials, organic materials, and garbage, to minimize the contamination of material placed in receptacles.
      (5)   Ensure that the contents of the receptacles for recyclable materials and organic materials are not delivered to garbage containers unless they include unacceptable levels of contamination.
   (D)   Provisions for self-haulers.
      (1)   Nothing in this chapter shall preclude any person, solid waste customer, commercial generator, multi-family generator, or large event and large venue from self-hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility.
      (2)   Self-haulers shall:
         (a)   Comply with the requirements in this chapter by delivering for recycling those items that can be recycled by local recycling facilities and establishments and shall comply by delivering for organics processing those items that are accepted by local organics processing facilities.
         (b)   Provide proof of compliance with this chapter, upon request by the city; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered and an application for exemption from the necessity for refuse collection.
   (E)   Authorized haulers.
      (1)   Authorized haulers shall obtain and maintain a business license with the city.
      (2)   Authorized haulers shall keep separate garbage, recyclable materials, and organic materials that have been segregated into separate containers by commercial generators, multi-family generators, or large event and large venues.
      (3)   Authorized haulers shall ensure that segregated recyclable materials are delivered to a recycling facility and that segregated organic materials are delivered to an organics processing facility, except that a container that contains unacceptable levels of contamination may be delivered for garbage disposal if the solid waste collector notifies the city of the occurrence; the date of the occurrence; and the account name, primary contact, phone number, billing address, and service address for the solid waste customer at which the container is located.
   (F)   Exclusions. Solid waste customers that subscribe to less than four cubic yards of garbage collection service per week shall be excluded from the requirements of this chapter.
   (G)   Exemptions. Solid waste customers, commercial generators, and large event and large venues that can document using the methods described in division (C) of this section that the circumstances described in divisions (A) and (B) of this section pertain to their operations shall be exempt from the requirements of this chapter.
      (1)   No generation of recyclable materials. Solid waste customers, commercial generators, and large event and large venues may be exempt from the requirements of this chapter if the solid waste customer, commercial generator, or large event and large venue demonstrates to the city that no recyclable material or organic materials are generated on site.
      (2)   Space constraints and zoning considerations. Solid waste customers may be exempt from the requirements of this chapter if the city determines that either:
         (a)   There is inadequate space for a solid waste customer to store containers for recyclable materials or organic materials on site and that it is infeasible for the solid waste customer to share recyclable materials or organic material containers with adjacent commercial facilities or multi-family dwellings; or
         (b)   Compliance with this chapter will result in violating city zoning or other regulations.
      (3)   Commercial generators, multi-family generators, and large event and large venues may be exempt from the requirements of this chapter if the city determines that either:
         (a)   There is inadequate space for the commercial generator or large event and large venue to store receptacles for recyclable materials or organic materials on site and that it is infeasible for the commercial generator or large event and large venue to deposit recyclable or organic material directly into containers without an intermediate receptacle; or
         (b)   Compliance with this chapter will result in violating city zoning or other regulations.
      (4)   Verification of exemption. The solid waste customer shall petition the city with a written request for an exemption documenting the circumstances of a claimed exemption. The city may visit the solid waste customer's site; examine the receptacles for garbage, recyclable materials, or organic materials; or take other actions to verify the circumstances identified in the petition. The solid waste customer, commercial generator, or large event and large venue requesting an exemption shall not be granted an exemption from the requirements of this chapter if the city determines that: (1) recyclable material or organic material are generated on site; (2) it is feasible for containers and receptacles for recyclable materials, and necessary, for organic materials to be place on site; and (3) it is feasible to share recycling containers with an adjacent commercial facility or multi-family dwelling. The city may require the solid waste customer or commercial generator that is granted exemption for the requirements of this chapter to submit a renewal of its petition for an exemption every two years from the date the exemption was granted by the city.
   (H)   City authority. The city or its designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the city or its designee may inspect any collection container at a commercial facility, multi-family dwelling, or large event and large venue and any solid waste collector's load for garbage, recyclable materials, or organic material. To the extent permitted by law, the city or its designee may also inspect the premises of any commercial facility, multi-family dwelling, or large event and large venue to determine compliance with provisions of this chapter.
   (I)   Administrative appeal. Unless otherwise expressly provided by this municipal code, any person adversely and directly affected by any determination made or action taken by the city pursuant to the provisions of this chapter may file an administrative appeal with the City Clerk. If no appeal is filed within ten days the determination of the city shall be final.
   (J)   Enforcement goals. The city shall enforce this chapter with the goal of maximizing participation in the program and ensuring that recyclable materials and organic material that haven’t been property segregated by the solid waste customer, commercial generator, multifamily generator, or large event and large venue are correctly collected and delivered to recycling and organics processing facilities. The city or its designee shall conduct the following activities to enforce this chapter.
      (1)   Develop and disseminate public education and promotional materials relating to the importance of recycling and organics processing and the availability of recycling and organics processing opportunities available to solid waste customers, commercial generators, multifamily generators, and large event and large venues;
      (2)   Provide technical assistance and training to solid waste customers, commercial generators, multifamily generators, and large event and large venues to increase recycling;
      (3)   Enforce provisions of the franchise agreement for collection of recyclable materials, organic materials, and garbage with franchisee to stimulate demand for recyclable material and organic material collection service.
   (K)   Enforcement for contamination.
      (1)   Enforcement of this chapter regarding contamination in containers for garbage, recyclable material, and organic material shall be carried out by the waste hauler. The waste hauler will notify city of customers with excessive or ongoing contamination.
      (2)   Solid waste collectors shall not be held liable for the failure of solid waste customers to comply with this chapter, unless specified in the franchise, contract, registration certificate, or permit issued by the city.
   (L)   Penalties. The city may issue administrative fines for violating this chapter or any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement, collection, and review of administrative citation issued to enforce this chapter and any rule or regulations adopted pursuant to this chapter.
   (M)   Implementation schedule. The schedule for enforcement of this chapter shall be implemented in accordance with the timeline specified in Table 1.
 
Date
Entities Affected
Material Covered
Effective immediately upon adoption
Recyclable materials: All commercial and multi-family solid waste customers that subscribe to four cubic yards or more of garbage collection service per week.
Recyclable materials
April 1, 2016
Organic materials: All commercial and multi- family solid waste customers that generate eight cubic yards of organic waste per week shall arrange for organic waste recycling services.
Organic materials
January 1, 2017
Organic materials: All commercial and multi- family solid waste customers that generate four cubic yards of organic waste per week shall arrange for organic waste recycling services.
Organic materials
January 1, 2019
Organic materials: Businesses that generate four cubic yards or more of commercial solid waste per week shall arrange for organic waste recycling services.
Organic materials
 
   (N)   Other provisions.
      (1)   No other power affected. This chapter does not do any of the following:
         (a)   Otherwise affect the authority of the city or its designee to take any other action authorized by any other provision of law.
         (b)   Restrict the power of a City Attorney, District Attorney, or the Attorney General to bring in the name of the people of California any criminal proceeding otherwise authorized by law.
         (c)   Prevent the city or designee from cooperating with, or participating in, a proceeding.
         (d)   Affect in any way existing contractual arrangements including franchises, permits, or licenses previously granted or entered into between the solid waste collectors and city.
      (2)   Cumulative remedies. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its solid waste operators to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its solid waste operators. The fees and penalties imposed under this chapter shall constitute a civil debt and liability owning to the city from the person, firms, or corporations using or chargeable for such services and shall be collectible in the manner provided by law.
      (3)   Liability. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).
   (O)   Disclaimer of liability. The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standard and do not imply that compliance will ensure safe handling of recyclable materials, organic materials, or garbage. This chapter shall not create liability on the part of the city, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling solid waste within the boundaries of the city should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the city is assuming an undertaking only to promote the general welfare, It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
   (P)   Duties discretionary. Subject to the limitations of due process and applicable requirement of state or federal laws, and notwithstanding any other provisions of this chapter, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Ord. 1406, passed 5-2-18)