Generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements:
(A) Generators that are commercial businesses, including multi-family residential dwellings, shall subscribe to the city’s three-container collection service(s) and comply with requirements of those service(s) 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 § 18984.9(c).
(B) Generators that are commercial businesses, including multi-family residential dwellings, shall participate in the city’s collection service(s) 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 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 black container waste, including food waste, in the black container. Generators shall not place materials designated for the black container into the green container or blue container.
(C) Generators that are commercial businesses, 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 commercial 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:
(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 § 18984.8.
(D) Generators that are commercial businesses, including multi-family residential dwellings, shall provide or arrange for collection services consistent with this chapter for the commercial business’ employees, contractors, tenants, and customers and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to divisions (C)(1) and (C)(2) above) for employees, contractors, tenants, and customers, consistent with the city’s collection service and 14 CCR Division 7, Chapter 12, Article 3.
(E) Generators that are commercial businesses, 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 black container collection service pursuant to 14 CCR § 18984.1(a)(5).
(F) Generators that are commercial businesses, except for multi-family residential dwellings, shall periodically inspect blue containers, green containers, and black 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).
(G) Generators that are 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) Generators that are 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) Generators that are 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 § 8.46.120 to confirm compliance with the requirements of this section.
(J) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 8.46.060.
(K) 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. 2021-11 § 1 (part), 2021)