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(Title and Section Amended by Ord. No. 182,986, Eff. 5/28/14.)
It shall be the duty of every owner, manager, or person in possession, charge or control of any commercial establishment, and every person occupying a residential premises within the City to provide, and at all times to keep containers for holding solid waste. Each container shall be constructed to be nonabsorbent, watertight, vector-resistant, durable, easily cleanable, and designed for safe handling. Each such container and its cover shall be made of such materials as may be approved for such use by the Board and by the City Council. The cover shall not be removed except when necessary to place solid waste therein or to remove solid waste therefrom. Each container and its cover shall be kept cleaned on the outside from accumulating grease and decomposing material and shall be of an adequate size and in sufficient numbers to contain, without overflowing, all the solid waste that a household or other establishment generates within the designated removal period. Each such container when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Any such vessel, tank or receptacle shall comply with Part 1301 of Title 16 of the Code of Federal Regulations to the extent that such Part is applicable to any such vessel, tank or receptacle.
(Amended by Ord. No. 187,711, Eff. 1/18/23.)
(a) No Person shall keep any Solid Waste or allow any Solid Waste to remain upon any premises within the City for more than seven days, excluding Organics used for composting or mulch. All Solid Waste shall be placed in containers that meet the requirements of Section 66.02.
(b) A Person from whom the City collects Solid Waste, Recyclables, and/or Organics shall place Source- Separated Organic Waste in the green container, Source- Separated Recyclable Material and/or Commingled Recyclables in the blue container, and Solid Waste in the black container.
(c) Owners of Commercial Establishments and Multi-family Dwellings that do not receive Collection Services from the City, the generator of Solid Waste at such premises, or the agent of such owner or generator shall subscribe to and pay for Collection Services provided by a Solid Waste Hauler authorized to provide such services pursuant to the provisions of this article.
(d) The minimum level of service to which the owner, generator, or agent of non-City-serviced Commercial Establishments and Multi-family Dwellings shall subscribe shall be the number and size of Solid Waste containers suitable for Solid Waste collection, and the frequency of collection necessary for the removal and disposal of all Solid Waste generated at the premises, excluding Commingled Recyclables and Source-Separated Recyclable Material, in a seven-day period. Such minimum level of service shall be determined by the owner, generator, or agent and the Solid Waste Hauler. In the event the owner, generator, or agent and the Solid Waste Hauler do not agree on the minimum level of necessary service, such determination shall be made by the Director.
(e) All Commercial Establishments and Multi-family Dwellings shall have Collection Services for Source- Separated Recyclables and/or Commingled Recyclables and Source-Separated Organic Waste.
(f) Any Person generating Organic Waste but not receiving Collection Services from the City, and any Commercial Establishments or Multi-family Dwellings generating Organic Waste but not receiving Collection Services from the City, shall comply with requirements adopted pursuant to this article for the collection and recovery of Organic Waste by:
(1) Subscribing to and complying with the requirements of the Organic Waste Collection Services provided consistent with Section 66.33 of this Code;
(2) Self-hauling Organic Waste in a manner that complies with requirements as issued by the Bureau; or
(3) Obtaining a waiver of Organic Waste Collection Services if the Director develops and implements a generator waiver program, in accordance with 14 CCR Section 18984.11. The Director or the Director’s designee shall have discretion to grant any such waivers.
(g) A Person generating Organic Waste shall place Source-Separated Organic Waste in the green container, Source-Separated Recyclable Material and/or Commingled Recyclables in the blue container, and Solid Waste in the black container. No Person shall place Solid Waste in the blue container or green container.
(h) Nothing in this article prohibits a Person generating Solid Waste, Recyclables, and/or Organics from preventing or reducing waste generation, managing Organic Waste on-site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(i) A Commercial Establishment shall:
(1) Provide containers for the collection of Organic Waste and Recyclables in all areas where disposal containers are provided for the customers of the Commercial Establishment, except for restrooms. The containers provided by the Commercial Establishment shall have either:
(A) A body or lid that conforms with the container colors provided through the Organic Waste Collection Service; or
(B) A container label that complies with the requirements of 14 CCR Section 18984.8.
(2) Prohibit employees from placing Organic Waste in a container not designated to receive Organic Waste as set forth in 14 CCR Sections 18984.1(a)(5) and 18984.2(c).
(3) Periodically inspect Organic Waste containers for contamination and inform employees if containers are contaminated and of the requirement to only use those containers for Organic Waste.
(4) Annually provide written information to their employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Source-Separated Organic Waste and Source-Separated Recyclable Material and/or Commingled Recyclables.
(5) Provide written educational information to new tenants no later than 14 days after their occupation of the premises describing requirements to keep Source-Separated Organic Waste and Source-Separated Recyclable Material and/or Commingled Recyclables separate from the black container (when applicable), and confirming the location of containers and the rules governing their use at each property.
(6) This Subsection (i) does not apply to Multi- family Dwellings.
(j) A Commercial Establishment is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever is earlier.
(k) If a Commercial Establishment does not generate any of the materials that would be collected in one type of container, then the Commercial Establishment need not provide that type of container in all areas where disposal containers are provided for customers.
(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) A Tier One Commercial Edible Food Generator must comply with the requirements of this section beginning January 1, 2022, and a Tier Two Commercial Edible Food Generator must comply beginning January 1, 2024.
(b) A Large Venue or Large Event operator not providing food services, but allowing for food to be provided by others, shall require any Food Facility or Food Service Provider operating at the Large Venue or Large Event to comply with the requirements of this section, beginning January 1, 2024.
(c) A Commercial Edible Food Generator shall:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be discarded.
(2) Contract with or enter into a written agreement with a Food Recovery Organization or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Organization, Food Recovery Service, or other entity that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each Food Recovery Service, Food Recovery Organization, or other entity listed pursuant to Subsection 66.04(c)(4)(A):
(i) The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected by or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(5) Submit reports as required by the Enforcement Agency, on provided forms, documenting the quantity of food, measured in pounds, recovered by, collected by, or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery, and including other information as listed on the Enforcement Agency website.
(d) Nothing in this section requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
(e) Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, adding Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amending Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded, and replaced from time to time).
(Added by Ord. No. 187,711, Eff. 1/18/23.)
(a) A Food Recovery Service collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records specified by 14 CCR Section 18991.5(a)(1).
(b) A Food Recovery Organization collecting or receiving Edible Food directly from a Commercial Edible Food Generator located within the City, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records as specified by 14 CCR Section 18991.5(a)(2).
(c) A Food Recovery Service or Food Recovery Organization that has its primary address physically located in the City and contracts with or has written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report annually, by April 1, to the Enforcement Agency the total pounds of Edible Food recovered in the previous calendar year from any Tier One and Tier Two Commercial Edible Food Generator with which the Food Recovery Organization or Food Recovery Service had established a contract or written agreement pursuant to 14 CCR Section 18991.3(b), on forms provided by the Enforcement Agency.
(d) A Food Recovery Service or Food Recovery Organization operating in the City shall provide information and consultation to the City, upon the City’s request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days.
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