Generators that are commercial businesses, including multi-family residential dwellings, shall:
(A) Subscribe to the city's three-container collection services and comply with requirements of those services as described below in division (B) below. The city or its designee 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. Commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.
(B) Participants in the city's organic waste collection service(s) shall place designated materials in designated containers as described below.
(1) Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials 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.
(2) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with divisions (3)(a) and (b) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 8-12.05.
(3) Excluding multi-family residential dwellings, 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, for materials generated by that business. 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 § 18984.9(b), the containers provided by the business shall have either:
(a) A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements, or both lids and bodies conforming to color requirements. 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 the division prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(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 to 14 CCR § 18984.8, the container labeling requirements are required.
(4) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in division (3)(b) pursuant to 14 CCR § 18984.9(b).
(5) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, shall not 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 or, if a self-hauler, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with § 8-12.05.
(6) Excluding multi-family residential dwellings, semi-annually 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 § 18984.9(b)(3).
(7) 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.
(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(9) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with § 5-3A.14 to confirm compliance with the requirements of this chapter.
(10) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented by city at a later date, to evaluate the generator's compliance with division (B) below. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
(11) At a commercial business's option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city.
(12) If a commercial business wants to self-haul, meet the self-hauler requirements in § 8-12.05 of the Madera Municipal Code.
(13) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR § 18984.9(c).
(14) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 5-3A.07.
(Ord. 983 C.S., passed 2-2-22)