A. The City is required to comply with the applicable provisions of the California Integrated Waste Management Act (AB939 or "Act"), as amended, which is codified in the California Public Resource Code beginning at section 40000. The Act requires that by and after January 1, 2000, fifty percent (50%) of the solid waste generated must be diverted through source reduction, recycling and composting activities. In 2014, the Act was amended by Assembly Bill 1826 which requires that by April 1, 2016 a business that generates eight (8) cubic yards or more of organic waste per week must arrange for recycling services specifically for organic waste; by January 1, 2017, a business that generates four (4) cubic yards or more of organic waste per week must arrange for recycling services specifically for organic waste; by January 1, 2019, a business that generates four (4) cubic yards or more of commercial solid waste per week, must arrange for recycling services specifically for organic waste; by January 1, 2020, if the State determines that statewide disposal of organic waste has not been reduced to fifty percent (50%) of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste must arrange for the organic waste recycling, unless the State determines that this requirement will not result in significant additional reductions of organics disposal.
B. The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for the City to address access to solid waste for source reduction, recycling and composting activities. The State Legislature, in passing the California Solid Waste Reuse and Recycling Access Act of 1991 (AB 1327), required all local agencies to adopt an ordinance relating to adequate areas for collecting and loading recyclable materials in development projects. The City has adopted the State's model ordinance to fit local conditions, in a manner that complies with AB 1327.
C. Assembly Bill 1826 authorizes the City to allow certain exemptions from the organic waste recycling, including, but not limited to, if there is a lack of sufficient space in multifamily complexes or businesses to provide additional organic material recycling bins.
(Ord. 15-2130, § 2 (part), 2015; Ord. 2085, § 2 (part), 2011; Ord. 1671, (part), 1994)