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(A) Any individual, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed $500 or by imprisonment of not more than six months, or by both the fine and imprisonment.
(B) Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in division (A) above.
(Prior Code, § 8.08.120) (Ord. 556, passed - -1986; Am. Ord. 859, passed 12-1-2021)
(A) The town finds that the State of California through its California Waste Management Act of 1989 ("Act"), Cal. Public Resources Code § 40000, et seq., as amended, supplemented, superseded and replaced from time to time), as implemented by regulations of CalRecycle, require the town to reduce, reuse, and recycle (including composting), solid waste generated in the town to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. The Act and Alternative Compliance Act of 2008 (SB 1016, Statutes of 2008), requires that each local jurisdiction in the state to divert 50% of discarded materials from the landfill on a per capita basis.
(B) The town finds that every city and county in California, including the town, could face fines for not meeting the above mandated goal.
(C) The town finds that Mandatory Commercial Recycling was one of the measures adopted in the Assembly Bill 32 Scoping Plan by the Air Resources Board (ARB) pursuant to the California Global Warming Solutions Act (Chapter 488, Statutes of 2006). The Mandatory Commercial Recycling Measure focuses on increased commercial waste diversion as a method to reduce greenhouse gas emissions. It is designed to achieve a reduction in greenhouse gas emissions of 5,000,000 metric tons of carbon dioxide (CO2) equivalents. To achieve the measure’s objective, an additional 2,000,000 to 3,000,000 tons of materials annually will need to be recycled from the commercial sector by the year 2020 and beyond.
(D) AB 341 (Chapter 476, Statutes of 2011) that required any business that generates four cubic yards or more of commercial solid waste per week or is a multi-family residential dwelling with five or more units to arrange for recycling collection services.
(E) Assembly Bill 1826 of 2014 requires businesses and certain multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic materials per week to arrange for recyclable materials and organic waste collection services for that waste and requires the town to implement a mandatory commercial organics recycling program for designated commercial property owners.
(F) SB 1383 required CalRecycle to develop regulations to reduce organics in landfills and methane emissions. The SB 1383 Regulations require the town, residential households, commercial businesses, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
(G) The town continues to make progress in maintaining the disposal reduction requirements of the state recycling law, but additional efforts, particularly in the diversion of organic materials and the recycling of paper, cardboard, glass, and other recyclable materials generated by commercial businesses, will assist the town in maintaining and exceeding the goal of diverting waste from landfill disposal. The town desires to implement a program to further the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) goal to increase the diversion of materials from the landfill and transformation facilities to achieve an 94% diversion goal by 2025, ensure that resources are used to their highest potential, reduce upstream waste and reduce Marin's ecological footprint.
(H) The town finds that organic materials that are buried in the anaerobic conditions of landfills creates methane gas and leachate that may impact air and water quality. Reductions or capture of methane is critical as methane gas from the decomposition of waste is a source of renewable energy, but if not collected and controlled is at least 21 times as potent as carbon dioxide in contributing to climate change.
(I) The town finds that reductions in greenhouse gas emissions from solid waste management can be realized by recovering traditional recyclable materials from the waste stream to use in the manufacturing of products from these materials. Traditional recyclable materials have significant intrinsic energy value that displaces fossil fuel energy requirements when introduced back into the manufacturing cycle. Additionally, by remanufacturing products using recycled materials, additional reductions in greenhouse gas emissions are realized through reduced fossil fuel demands in transportation and avoided methane emissions at landfills.
(J) The town finds that efforts by the town and the private sector to encourage voluntary diversion of commercial and special event recyclables materials have not achieved desired levels of diversion.
(K) The town finds that mandatory commercial recycling programs in other cities and counties in California, similar to the one implemented by this § 8.08.130, have proven successful.
(L) The town agrees to be subject to the terms of this chapter for all of the town's commercial facilities and properties, including parks and town buildings, as well as town-sponsored or partnered special events.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
(A) Each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. Each generator shall:
(1) Source separate recyclable materials and organic materials from garbage; and place source separated organic materials, including food waste, in the organic materials collection container; place source separated recyclable materials in the recyclable materials collection container; and place garbage in the approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable materials collection container.
(2) Subscribe to a basic level of solid waste collection service that includes, at a minimum, the collection of garbage, recyclable materials and organic materials by the authorized collector. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premise between the times designated for collection service. The town or authorized collector shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the town or authorized collector in order to meet the standards set forth in this chapter.
(3) A self-hauler may self-haul source separated recyclable materials and source separated organic materials in accordance with § 8.08.130-7 after completing and retaining on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this section and any other applicable law or regulation. A copy of such form shall be available to the Director and the authorized collector upon request.
(B) Each generator shall use collection containers provided by the authorized collector to collect and store recyclable materials and organic materials and shall designate areas to collect and/or store such materials.
(C) Each generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and/or organic materials are collected and/or stored that specify the materials to be source separated in addition to collection procedures for such materials.
(D) All recyclable materials shall be placed for collection in covered collection containers conforming to the following requirements. No container shall be loaded beyond its capacity. It shall be the generator's responsibility to keep the containers used for the storage and collection of recyclable materials generated on the premises in a clean and sanitary condition. No material or container shall be kept or handled in such a manner as to become a nuisance. No putrescible materials shall be commingled with recyclable materials. No recyclable materials shall be allowed to become odoriferous or a producer of vermin. Lids on collection containers shall remain closed at all times while stored or placed for collection. The Director is specifically authorized to promulgate rules and regulations regarding any and all recyclable materials containers including as related to the recyclable materials to be placed therein, the placement and maximum weight of high-density materials for collection and the proper use of collection containers.
(E) Each generator shall ensure that recyclable materials and organic materials generated at the generator's site if self-hauled will be taken only to an approved solid waste facility to ensure that the materials are recycled or composted and not delivered to a landfill for disposal. No generator shall dispose of, or arrange for disposal of, recyclable materials and organic materials by placement in a landfill except in an emergency situation, or when no viable markets or recycling facilities are available, as determined by the Director.
(F) All recycling and organic materials collection service agreements, subject to the terms of this chapter and the franchise agreement, and other recycling documents entered into between a generator and an authorized collector shall be available for inspection by the Director or his or her designee, at the principal location of the generator's commercial facility or special event during normal business hours.
(G) No franchisee/authorized collector shall be held liable for the failure of its customers to comply with this section, unless otherwise specified in the relevant franchise, contract or permit issued by the town.
(H) Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private residential dwelling unit) and cooperate with the town or authorized collector during such inspections and investigations as described in § 8.08.130-13.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
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