Commercial organic waste generators and commercial businesses shall comply with the following requirements:
(A) Commercial organic waste generators, including multi-family residential dwellings, shall subscribe to the city's three-container organic waste collection service and comply with requirements of that service as described below in division (B) of this section. 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 businesses shall adjust their service level for their collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). Generators may additionally meet the self-hauler requirements of § 51A.09.
(B) Commercial organic waste generators, including multi-family residential dwellings, shall participate in the city's organic waste collection service by placing designated materials in designated containers as described in this division, and not placing prohibited container contaminants in containers. Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials (which includes source separated non-organic recyclables and source separated blue container waste) in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container. Generators may additionally meet the self-hauler requirements of § 51A.09.
(C) Commercial organic waste generators, except for multi-family residential dwellings, shall 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. Such containers shall be visible and easily accessible. 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 Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the organic waste collection service provided by the city. 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; or as otherwise provided in 14 CCR Section 18984.8.
(D) Commercial organic waste generators, including multi-family residential dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to division (C)(1) and (C)(2) of this section) for employees, contractors, tenants, and customers, consistent with the city's collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
(E) Commercial organic waste generators, except for multi-family residential dwellings, shall 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 pursuant to 14 CCR Section 18984.1(a)(5).
(F) Commercial organic waste generators, except for multi-family residential dwellings, shall 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 Section 18984.9(b)(3).
(G) Commercial businesses, including multi-family residential dwellings, shall 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.
(H) Commercial businesses, including multi-family residential dwellings, shall provide information as described in division (G) of this section before or within 14 days of occupation of the premises to new tenants.
(I) Commercial businesses, including multi-family residential dwellings, shall provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with § 51A.12 to confirm compliance with the requirements of this section.
(J) If a commercial business wants to self-haul, meet the self-hauler requirements of § 51A.09.
(K) Commercial organic waste generators, including multi-family residential dwellings, if generating two cubic yards or more of total solid waste per week (or other threshold defined by the state), shall require that any contract or work agreement between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.
(L) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 51A.06.
(M) Nothing in this section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a franchise agreement between the city and a franchised hauler.
(Ord. 1778, passed 5-18-22)