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(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 Public Resources Code § 40000, et seq., as amended, supplemented, superseded and replaced from time to time), as implemented by regulations of CalRecycle, require the town to reduce, reuse, and recycle (including composting), solid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)
(A) Commercial generators shall comply with the following requirements.
(1) Each commercial generator, including all multi-family residential dwellings that consist of five dwelling units or more, large events and large venues shall be responsible for compliance with the requirements of this section.
(2) Each commercial generator shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of garbage, recyclable materials and organic materials generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper source separation of solid waste.
(3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the solid waste collection service.
(4) Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.
(5) Provide educational information before, or within, 14 days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage (when applicable) and the location of collection containers and the rules governing their use at each property.
(6) Accommodate and cooperate with the authorized collector's monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance.
(7) If a commercial generator self-hauls, the commercial generator shall meet the self-hauler requirements of § 8.08.130-7.
(B) Commercial generators, excluding multi-family residential dwellings consisting of five or more dwelling units, shall comply with the following requirements.
(1) Provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the indoor and outdoor containers shall have either:
(a) A body or lid that is gray or black for collection of garbage, blue and/or brown for collection of recycling, and green for collection of organic materials. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever date is earlier.
(b) 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 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(2) 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 solid waste collection service.
(3) Periodically inspect organic materials, 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).
(4) Commercial generators that are commercial edible food generators, as defined in § 8.08.010, shall comply with commercial edible food generator requirements, pursuant to § 8.08.130-11.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
(A) No person shall provide services as a hauler of recyclable materials or organic materials within the boundaries of the town without either being an authorized collector.
(B) The town's franchisee/authorized collector providing residential, commercial, or industrial collection services to generators within the town's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the town to collect organic materials and/or recyclable materials:
(1) Through written notice to the town annually on or before January 1, 2022, identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials. Notice is deemed given under the terms of the approved franchise agreement.
(2) Subject to the terms of the franchise agreement, transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(3) Obtain approval from the town to haul organic materials, unless it is transporting source separated organic materials to a community composting site in a manner that complies with 14 CCR Section 18989.1. Approval is deemed given under the terms of the approved franchise agreement.
(C) The franchisee shall provide collection containers to residential and commercial generators in conformance with the color and labeling requirements set forth in 14 CCR Section 18784.7 and 14 CCR Section 18784.8 or as specified in the franchise agreement.
(D) Franchisee/authorized collector shall provide collection service and collection containers for recyclable materials and organic materials sufficient to accommodate the quantity and types of recyclable materials and organic materials to all of its customers and shall provide solid waste services as described in § 8.08.130-5.
(E) Franchisee/authorized collector shall identify collection containers for garbage, recyclable materials and organic materials with its name, recognizable corporate or company logo, and phone number of the franchisee.
(F) Subject to the terms of the franchise agreement, franchisee/authorized collector shall equip and provide collection containers for recyclable materials and organic materials, with locks and/or other suitable features, where feasible, to prevent scavenging, and shall conduct all activities in accordance with this section, applicable laws, town codes and regulations and best management practices. Vehicles and equipment and containers shall be kept in a clean and well-maintained condition.
(G) Franchisee/authorized collector shall maintain a copy of its service agreements, if applicable, and all receipts documenting that its customers' recyclable materials and organic materials have been properly delivered to solid waste facilities identified in division (B), as well as any documentation evidencing an event of force majeure which prevented the proper delivery of any such materials. Such documents shall be available for inspection by the Director at the place of business during normal business hours and maintained for not less than three years.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
The recycling services provided by franchisee/authorized collector shall include, at a minimum, all of the following:
(A) Collection of recyclable materials and organic materials at a minimum of once per week, or more often as specified by the applicable contract, license or permit;
(B) Collection of recyclable materials and organic materials as identified by the Director;
(C) Utilization of collection containers which comply with town standards;
(D) Appropriate signage on all collection containers, chutes and/or enclosures which allows users to clearly and easily identify which containers to use for recyclable materials, organic materials and garbage and be color-coded.
(E) Occupant education. For multi-family residential dwellings, the authorized collector shall provide information about recycling services as follows:
(1) Types of recyclable materials and organic materials accepted, the location of recycling containers, and the occupant's responsibility to recycle pursuant to this section. This information shall be distributed to all property managers or owners at least annually.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
(A) The town may grant waivers for physical space limitations and/or de minimis volumes. Waiver requests shall be submitted on a form specified by the Director. After reviewing the waiver request, and after an on-site review, if applicable, the Director may either approve or deny the following waiver requests.
(1) De minimis waivers: The town may waive a commercial business' obligation to comply with some or all the requirements of § 8.08.130-3 if the commercial business meets the following requirements:
(a) Submit an application specifying the type of waiver requested and provide documentation as described below.
(b) Provide documentation that the commercial business (but excluding multi-family residential dwellings) generates 32 gallons (or the minimum level of service as defined in the rate schedule) of solid waste per week and can demonstrate upon request by the town or hauler that they do not exceed the 32 gallon threshold and have a reasonable alternative to disposing of their recyclable materials or organic waste (e.g., sharing with adjacent business). This exemption does not apply to special events unless the generator demonstrates to the Director that the event will produce less than the threshold amount.
(c) Notify the town if circumstances change such that subsections (a) and (b) no longer apply, in which case the waiver will be rescinded.
(d) Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.
(e) The commercial business (but excluding multi-family residential dwellings) may be exempt from the requirement of this section if the commercial business demonstrates to the Director that there are no recyclable materials and/or organic waste being generated by any activities in the commercial business.
(2) Physical space waivers: The town may waive a commercial business' or property owner's obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the collection service requirements. If, after reviewing the site, the Director determines that it is feasible for collection containers for recyclable materials and/or organic materials to be placed either on-site or shared with an adjoining business or property, then the generator will not be exempted from these requirements and will be responsible for full compliance with this section. A commercial business or property owner may request a physical space waiver through the following process:
(a) Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
(b) Provide documentation that the premises lacks adequate space for the approved recyclable materials collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.
(c) Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver.
(B) If a generator seeks an exemption, an application for such exemption shall be submitted on a form prescribed by the Director. After reviewing the exemption request, and after an on-site review, if applicable, the Director shall either approve or disapprove the exemption request and shall notify the authorized collector if a waiver has been approved.
(C) Donation. Nothing in this section shall prohibit any generator from donating its recyclable materials or organic materials to any non-profit charitable organization.
(D) Organic materials may be fed to animals on the premises where such organic materials is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the Director; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(E) Nothing in this chapter prohibits a generator from preventing or source reducing waste generation, managing organic waste on site, or using a community composting site, provided that such conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
(A) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials and haul their source separated organic materials to a solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials.
(B) Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility and/or chipping and grinding operation that processes or recovers organic materials. This record shall be subject to inspection by the town. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
(2) The amount of material in cubic yards or tons transported by the generator to each entity.
(C) A self-hauler must retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this section or any other applicable law or regulation. The self-hauling form shall be made available to the Director or his or her designee and to the authorized collector upon request. At a minimum, the generator shall provide the following information on the self-hauling form:
(1) The name, address and telephone number of the generator's representative that will be signing the self-hauling form.
(2) A list of the types of recyclable materials that are being transported.
(3) For each type of recyclable material, an estimate of the amount that will be self-hauled to a materials recovery facility on a quarterly basis.
(4) The name and address of the materials recovery facility.
(5) A written statement, signed by the generator or representative, certifying that the generator is in compliance with the requirements of this § 8.08.130-7.
(D) The Director may restrict or prohibit self-hauling by a generator if the Director determines, after providing notice and an opportunity for a hearing, that the generator's self-hauling activities violate the provisions of this section or any other applicable law or regulation.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)
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