Commercial businesses, which includes multi-family residential dwellings, shall:
(a) Except commercial businesses that meet the self-hauler requirements in Section 6.02.120 of this Chapter, be automatically enrolled in the jurisdiction's three-container organic waste collection services with a source separated recyclable materials, and with a source separated green container organic waste, approved by the City Manager. Jurisdiction shall have the authority to change the minimum required service levels over time. The commercial business' source separated recyclable materials service level and source separated green container organic waste service level must be sufficient for the amount of source separated recyclable materials and source separated green container organic waste generated by the commercial business. Jurisdiction shall have the right to review the number, size, and location 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 business shall adjust its service level for its collection services as requested by the jurisdiction.
(b) Participate in and comply with the jurisdiction's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers as described below. 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 container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(c) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with divisions (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with jurisdiction's blue container, green container, and gray container collection service.
(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 Section 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 jurisdiction, 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. Pursuant to 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.
(e) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the jurisdiction's organic waste, non-organic recyclables, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures.
(f) Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray 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).
(g) 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.
(h) 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 container waste (when applicable) and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for jurisdiction or its agent to their properties during all inspections conducted in accordance with Section 6.02.160 of this Chapter to confirm compliance with the requirements of this Chapter.
(j) Accommodate and cooperate with jurisdiction'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 Section 6.02.060(b). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
(k) At commercial business' option and subject to any approval required from the jurisdiction, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray 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 containers subject to written notification to or approval by the jurisdiction or its designee.
(l) If a commercial business wants to self haul, meet the self-hauler requirements in Section 6.02.120 of this Chapter.
(m) 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 Section 18984.9(c).
(n) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 6.02.090.
(Ord. 210, passed 10-6-2021)