Organic waste generators that are commercial businesses, including multi-family residential dwellings, shall comply with the following requirements, except commercial businesses that meet the self-hauler requirements of this code.
A. Subscribe to and pay for the city’s three-container organic waste collection service(s) and comply with requirements of those service(s) as described below in paragraph B. of this section, below. 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).
B. Participate in the city’s organic waste collection service by placing designated materials in designated containers. Generator 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. Generator shall not place materials designated for the gray container into the green container or blue container. It shall be unlawful and a violation of this chapter to place contamination in a collection container, and may subject the generator to a contamination processing fee or enforcement action.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to paragraphs D.1. and D.2. of this section, below) for employees, contractors, tenants, and customers, consistent with the city’s collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program, in accordance with this code.
D. 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 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 collection service provided by the city in accordance with 14 CCR Section 19894.7. 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 paragraph prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
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 in accordance with 14 CCR Section 18984.8.
E. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b).
F. Excluding multi-family residential dwellings, 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 self-hauling, pursuant to 14 CCR Section 18984.1(a)(5).
G. Excluding 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).
H. 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.
I. Provide information as described in paragraph H. of this section, above, before or within 14 days of new tenants entering into an agreement for or requesting collection services from the city’s authorized collector, whichever occurs later.
J. Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this code to confirm compliance with the requirements of this section.
K. If a commercial business wants to self-haul, meet the self-hauler requirements of this code.
L. 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 Section 18984.9(c).
M. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to this code.
(Ord. 575 § 2, 2022)