A. Requirements for Haulers.
1. The city's franchise hauler providing residential, commercial, or industrial organic waste collection services to generators within the city shall be deemed to meet the following requirements:
a. Through written notice to the city annually on or before March 31, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials, source separated organic waste, and mixed waste;
b. Transport source separated recyclable materials, source separated organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2;
c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste (i) to a community composting site, (ii) in conformance with a post-collection services agreement to which the city and/or the franchise hauler is a party, or (iii) lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this chapter, and all other applicable laws, regulations and rules.
2. The franchised hauler collecting organic waste shall:
a. Up to four (4) times per year, provide reports to the city on commercial business account information and service levels in a form to be specified by the city;
b. Assist in the dissemination of SB 1383 educational materials to single-family and commercial business accounts;
c. Conduct or comply with container contamination minimization efforts such as route reviews or waste evaluations. Inform generators when container contamination is observed by the franchised hauler;
d. If requested by the city, assist generators with verification of physical space constraints when generator submits an application for a physical space waiver;
e. Provide commercial business accounts with interactive assistance such as employee trainings, in a virtual or in-person format, when recycling container collection service or composting container collection service is added, or upon request.
3. The franchised hauler has been designated the exclusive authorized collector for all solid waste generated or accumulated within the boundaries of the city, including garbage, recyclable materials and organic waste. No other person or commercial enterprise shall be permitted to operate a collection system within the city. No single-family, multi family complex or commercial business generator may contract with another commercial enterprise or person for the collection of such materials.
4. No person may collect, transport, or convey discarded single-family or commercial garbage, recyclable materials or organic waste where any fee, net fee or other remuneration whatsoever is charged or accepted for the collection, transportation, conveyance, processing or disposal of such material, including discounted fees, without holding a franchise from the city. This excludes collection of materials associated with services paid for and provided by a company as an incidental part of a total service offered by that company rather than as a hauling service as determined by the city, and excludes excluded waste such as tires, and hazardous waste.
5. It is unlawful for any person other than the franchised hauler to collect or inspect recyclable materials, organic waste or garbage placed on city curbs in public use containers for collection.
B. Requirements for Facility Operators and Community Composting Operation.
1. Owners of facilities, operations, and activities located within the city that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon 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 sixty (60) days.
2. Community composting operators located within the city, upon 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 sixty (60) days. (Ord. 2021-01 § 2 (part), 2021)