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Generators that are commercial businesses, including multi-family residential dwellings, will:
(A) Subscribe to the city's three-container collection services and comply with requirements of those services as described below. The city will 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; commercial businesses will adjust their service level for their collection services as requested by the city.
(B) Participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below. Generator will 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. Generator will 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 for employees, contractors, tenants, and customers, consistent with the city'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 § 18984.9(b), the containers provided by the business will have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, 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 this division 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 § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2023.
(E) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements in division (D) above pursuant to 14 CCR § 18984.9(b).
(F) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service.
(G) Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, 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 § 18984.9(b)(3).
(H) 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.
(I) 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.
(J) Provide or arrange access for city or its agent to their properties during all inspections.
(K) 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 § 18984.9(c).
(L) Commercial businesses that are tier one or tier two commercial edible food generators will comply with food recovery requirements.
(Ord. 943-C.S., passed 2-21-23)
No person will knowingly dispose of any prohibited waste with any garbage, organic waste or recyclable materials. Prohibited wastes will include all current hazardous substances, hazardous wastes, electronic wastes (e-waste), and all future prohibited substances or wastes determined to be hazardous by authorities or legislation. All such prohibited hazardous wastes will be collected, transported and disposed in compliance with all applicable federal, state, and local laws and regulations. A list of prohibited wastes will be available for review at the offices of the Humboldt Waste Management Authority.
(Ord. 943-C.S., passed 2-21-23)
(A) Nothing in this chapter should be interpreted to prevent any person from carrying his or her own solid waste including garbage, recyclable materials, and organic waste to an approved public or private disposal site for which a valid permit is in effect.
(B) It is unlawful for any person transporting solid waste within the city to suffer, allow, or permit any portion of the load to be lost in transit.
(Ord. 943-C.S., passed 2-21-23)
(A) It is unlawful for any person to throw or deposit any solid waste materials, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public place. Except for clean fill, and finished compost, it shall be unlawful to throw or deposit solid waste in or upon any vacant lot or back yard, or to store or keep the same otherwise than in containers or bins as required by this chapter.
(B) It is unlawful to have, store, deposit, or keep solid waste where rodents can have access thereto or feed thereon.
(C) Each day's violation of this section will be treated, considered, and be a separate and distinct offense.
(D) It is unlawful for any person to knowingly deposit in any container for collection by a commercial refuse collector, any of the following materials:
(1) Hazardous wastes or other prohibited waste as defined by state law.
(2) Liquid wastes, including petroleum products or septage.
(3) Automobiles, automobile bodies, automobile frames, engines or engine blocks or portions thereof. Light-gauge automobile parts such as hoods, doors, grilles, or fenders are permitted.
(4) Animal bodies or portions thereof, except for dogs, cats or smaller animals, not exceeding 25 pounds each, on an individual basis or as permitted by local disposal facility.
(5) Hot ashes or burning material.
(6) Fish processing wastes more than four days old.
(Ord. 943-C.S., passed 2-21-23)
The city may provide waivers for generators in the following manner, at the city's discretion:
(A) De minimis waivers. The city may waive a commercial business' obligation to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below.
(B) Commercial businesses requesting a de minimis waiver must:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation that shows total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week per applicable container of the business' total waste.
(2) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(Ord. 943-C.S., passed 2-21-23)
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