Generators that are commercial businesses, including multi-family residential complexes, shall:
A. Subscribe to city's collection services and comply with requirements of those services as described below in subsection B, except commercial businesses that meet the self-hauler requirements in section 8.10.090 of this chapter. City shall have the right to review the commodity type, 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;
B. Except commercial businesses that meet the self-hauler requirements in section 8.10.090 of this chapter, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below. Generators shall place source separated organic waste, including food waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. Generator shall not place garbage into the recycling or organics. Supply and allow access to adequate commodity type, number, size and location of collection containers with sufficient labels or colors (conforming with subsections D.1 or 2 below) for employees, contractors, tenants, and customers' use, consistent with 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 section 8.10.090;
C. Excluding multi-family residential complexes, provide containers of sufficient capacity and numbers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers' on-site disposal of 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 Section 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the following container colors, with either lids conforming to these color requirements or bodies conforming to these color requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for recycling containers, and green containers for organics containers. SB 1383 compliant container colors provided through the franchise hauler collection service provided by city. Commercial businesses are not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container shall have labels or imprinted text that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
D. Multi-family residential complexes are not required to comply with container placement requirements or labeling requirement in subsection D pursuant to 14 CCR Section 18984.9(b);
E. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential complexes, prohibit employees from placing materials in a container not designated for those materials per the city's franchise hauler's collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with section 8.10.090;
F. Excluding multi-family residential complexes , periodically inspect 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);
G. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials;
H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage (when applicable) and the location of containers and the rules governing their use at each property;
I. Provide or arrange access for the city or its designee to their properties during all Inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter;
J. Accommodate and cooperate with any remote monitoring program established by a the city or its designee for inspection of the types of materials placed in containers for prohibited container contaminants to evaluate generator's compliance with this chapter;
K. At 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 recycling, organics, and garbage 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 containers subject to written notification to or approval by the city or its designee;
L. If a commercial business wants to self-haul, meet the self-hauler requirements in section 8.10.090 of this chapter;
M. 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);
N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 8.10.060. (Ord. 2021-01 § 2 (part), 2021)