(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.