Commercial businesses shall comply with the following:
A. Except for commercial businesses that meet the self-hauler requirements of this Code, commercial businesses, shall subscribe to the City's organic waste collection services for all organic waste and comply with requirements of those services as described below in subsection B of this section. The City and its designee shall have the right to review the number and size of a generator's containers, type of collection service, 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 and type of service as required by the City. Commercial businesses may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. Except for commercial businesses that meet the self-hauler requirements of this Code, commercial businesses shall participate in the City's organic waste collection services by placing designated materials in designated containers as described in the options below, as applicable for the commercial businesses' type of service as determined by the City, and/or with respect to multi-family residential dwellings, using the uncontainerized green waste and yard waste collection service for green waste and yard waste, and shall not place prohibited container contaminants in collection containers, bags, or piles, as applicable:
1. Unsegregated Single Container Collection Service: Commercial businesses shall place all solid waste in the gray container.
2. Two (2) Container Collection Service (Gray/Green): Commercial businesses shall place only organic waste, including food waste, in the green container. Generators shall place all other materials (mixed waste) in the gray container.
3. Two (2) Container Collection Service (Gray/Blue): Commercial businesses shall place source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container. Generators shall place all other materials (mixed waste), including food waste, in the gray container.
4. Three (3) Container Collection Service: Commercial businesses shall place only source separated green container organic waste, including food waste, in the green container; source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Commercial businesses shall not place (i) materials designated for the gray container in the green container or blue container; (ii) materials designated for the green container in the gray container or blue container; or (iii) materials designated for the blue container in the gray container or green container.
C. Commercial businesses, except for multi-family residential dwellings, and except for commercial businesses using an unsegregated single container collection system, shall provide containers for the collection of source separated green container organic waste and, if using a three (3) container collections service, source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be adjacent to disposal containers and visible and easily accessible. 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 commercial business shall have either:
1. A body or lid that conforms with the container colors provided through the organic waste collection service provided by the City. 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 this 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; or, as otherwise provided in 14 CCR Section 18984.8.
D. Commercial businesses shall provide or arrange for collection services consistent with this Article for employees, contractors, tenants, and customers and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (c)(1) and (c)(2) above) for employees, contractors, tenants, and customers, consistent with the City's collection services and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
E. Commercial businesses, except for multi-family residential dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City's organic waste collection services pursuant to 14 CCR Section 18984.1(a)(5).
F. Commercial businesses, except for multi-family residential dwellings, shall periodically inspect blue containers, green containers and gray containers, as applicable, for container 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).
G. Commercial businesses shall 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, as applicable.
H. Commercial businesses shall provide information described in subsection G of this section before or within fourteen (14) days of occupation of the premises to new tenants.
I. Commercial businesses shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 6-1-511 of this Article to confirm compliance with the requirements of this article.
J. If a commercial business wants to self-haul, meet the self-hauler requirements in section 6-1-509 of this article.
K. Commercial businesses, if generating two (2) cubic yards or more of total solid waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code.
L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to this article. (Ord. 21-O-2854, eff. 1-21-2022)