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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)
A. De minimis waivers. The city may waive a commercial business’ obligations (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described below in paragraph A.2. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph A.2.of this section, below.
2. Provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or
b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business’ total waste.
3. Notify the city if circumstances change such that the commercial business’ organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in paragraph A.2.a. of this section, above, the city will rescind the waiver.
4. Provide written verification to the city that it is still eligible for a de minimis waiver every five (5) years, if the city has approved a de minimis waiver.
B. Physical space waivers. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements of this chapter if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter. Commercial businesses or property owners requesting a physical space waiver shall:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Notify the city if circumstances change such that the commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in paragraph A.2.a. of this section, above, the city will rescind the waiver.
4. Provide written verification to the city that it is still eligible for a physical space waiver every five (5) years, if the city has approved an application for a physical space waiver.
C. Collection frequency waivers. The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three- container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.
D. The enforcement official will be responsible for review and approval of waivers. (Ord. 575 § 2, 2022)
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for:
a. The collection of edible food for food recovery; or
b. Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or food recovery organization 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 of those food recovery services or food recovery organizations:
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 self-hauled 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 or self-hauled to a food recovery service or food recovery organization for food recovery.
D. If the enforcement official makes a request, then within 30 days of the request, tier one commercial edible foods generators and tier two commercial edible food generators shall provide a food recovery report to the city that includes the following information:
1. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
2. The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
3. The name, address and contact information of the food recovery service or food recovery organization.
E. Nothing in this chapter 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 share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code, and amended Section 114079 of the California Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.
(Ord. 575 § 2, 2022)
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services shall inform generators about State Food and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1 of each year, commencing in 2023.
E. Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon 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, unless a shorter timeframe is otherwise specified by the city.
(Ord. 575 § 2, 2022)
A. Requirements for haulers
1. Haulers, including exclusive authorized collectors, providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 as a condition of approval of contract, agreement, or other authorization to collect organic waste.
2. Through written notice to the city, haulers shall identify the facilities to which they will transport organic waste.
3. Haulers providing organic waste collection services shall comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
4. Haulers providing residential, commercial industrial organic waste collection services shall transport organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
5. Haulers providing residential, commercial industrial organic waste collection services shall obtain applicable approval of the city pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the city.
B. Paragraph A. of this section, above, is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the California Public Resources Code, is transporting source separated organic waste to a community composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this code.
C. Requirements for facility operators and community composting operations include the following:
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days, unless a shorter timeframe is otherwise specified by the city.
2. Community composting operators in the city, upon the city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days, unless a shorter timeframe is otherwise specified by the city.
(Ord. 575 § 2, 2022)
In addition to any other requirements for self-haulers as contained in this code:
A. Self-haulers of organic waste shall comply with the requirements in 14 CCR Section 18988.3.
B. As set forth in 14 CCR Section 18988.3(b), self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires organic waste generators to separate for collection in the city’s organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
C. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
D. Self-haulers shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; these records shall be subject to inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
F. Self-haulers shall provide information collected in paragraph D. of this section, above, to the city, if requested.
(Ord. 575 § 2, 2022)
In addition to any other requirements of this chapter, the following requirements also apply:
A. For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city’s permit approval, comply with the following:
1. Where five (5) or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
2. Where new commercial construction or additions will result in more than 30% of the floor area, provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the city, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.
B. For organic waste commingled with C&D, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.
(Ord. 575 § 2, 2022)
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch, as amended September 15, 2015.
(Ord. 575 § 2, 2022)
Direct service providers to the city and all vendors providing paper products and printing and writing papers must comply with the city’s policy regarding recovered organic waste product procurement, including recycled-content paper procurement.
(Ord. 575 § 2, 2022)
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