SB 1383 requirements that apply to organic waste generators include, but are not necessarily limited to, the following:
1. All residential premises, except residential premises that meet the self-hauler requirements of SB 1383 and have received a written self-haul waiver from the City, shall subscribe to the City's container collection services for garbage, recyclable materials, and organic waste, including food waste.
2. All commercial premises, except those that have been granted a waiver or an exemption, must make arrangements for the diversion of recyclable materials and organic waste, either through a collection service with a City solid waste franchised hauler, or by self-hauling to a permitted facility meeting the requirements specified in 14 CCR Section 18984.3 and § 8.13.170 of this Chapter. The City 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 premises shall adjust their service level for their collection services as required by the City.
3. All organic waste generators shall place organic waste, including food waste, in the designated organic waste container(s); recyclable materials in the designated recycling container; and garbage in the designated garbage container. Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
4. Property owners of multifamily residential premises and commercial premises shall be responsible for ensuring and demonstrating its compliance with the following requirements:
a. Supply and allow access to adequate number, size and location of waste, recyclable and organic waste collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the City's collection service or, if self-hauling in compliance with self-hauling requirements in § 8.13.170 herein.
b. Except for multifamily residential premises, provide containers for organics and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a commercial premise 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 the City's franchised haulers, 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 premise 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
a) Multifamily residential complexes (less than 5 units) are not required to comply with container placement requirements or labeling requirements in this Section pursuant to 14 CCR Section 18984.9(b).
b) Excluding multifamily residential complexes, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's collection service.
c) Excluding multifamily residential complexes, periodically inspect organic waste, recycling, and garbage 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).
d) Including multifamily residential complexes, annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
e) Including multifamily residential complexes, provide education information before or within fourteen (14) days of occupation of the premises by new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage and the location of containers and the rules governing their use at each property.
f) Including multifamily residential complexes, provide or arrange access for the City or its representative to their properties during all inspections conducted in accordance with SB 1383 to confirm compliance with the requirements of this Chapter.
g) Nothing in this Chapter 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).
(Ord. 2573 §2)