Commercial organic waste generators and commercial businesses shall comply with the following requirements:
A. Shall subscribe to the City's organic waste collection service(s) and comply with requirements of those services as described below in Section 13.67.040(b). 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.
B. Except for commercial businesses that meet the self-hauler requirements in Section 13.67.090 of this Chapter, generators that are commercial businesses, including multi-family residential dwellings, shall participate in the City's organic waste collection service(s) by source separating designated recyclable materials and designated organic waste (including designated food scraps) from other waste and placing designated materials in designated containers as described below:
1. Shall place only designated organic waste in the green container; designated food scraps in the green container; designated recyclable materials in the blue container; and black container waste in the black container.
2. Shall NOT place materials designated for the black container into the green container or blue container.
3. Shall NOT place designated recyclable materials, designated food scraps or designated organic waste into any container other than the container designated for each of the corresponding materials.
4. Shall NOT place prohibited container contaminants in any container.
C. Commercial businesses, including multi-family residential dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 13.67.040(d)(1) and 13.67.040(d)(2) below for employees, contractors, tenants, and customers, consistent with the City's collection services or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 13.67.090.
D. Commercial businesses, not including multi-family residential dwellings, shall provide containers for the collection of designated organic waste, designated food scraps and designated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for 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 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, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers.
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. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
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. Commercial businesses shall implement policies and procedures to educate and train employees on proper separation of materials and prohibit employees from placing materials in a container not designated for those materials per City's solid waste collection services.
G. Commercial businesses, excluding multi-family residential dwellings, shall inspect blue, green and/or black containers provided pursuant to Section 13.67.040(d) at least weekly for contamination and inform employees and tenants/occupants 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. Commercial businesses, including multi-family dwellings, shall at least annually provide written information on training to employees, contractors, tenants and customers bout organic waste recovery requirements and about proper sorting of designated organic waste, designated food scraps and designated recyclable materials.
I. Commercial businesses, including multi-family residential dwellings, shall provide education information described in subsection (g) of this Section to new employees and/or tenants within fourteen (14) days of hiring new employees or of occupation of the premises by tenants. Education information shall describe requirements to keep designated organic waste, designated food scraps and designated recyclable materials separate from black container waste and the location of containers and the rules governing their use at each property.
J. Commercial businesses, including multi-family residential dwellings, shall provide or arrange access for the City or its agent(s) to their properties during all Inspections conducted in accordance with Section 13.67.120 of this Chapter to confirm compliance with the requirements of this Chapter.
K. Commercial businesses, including multi-family residential dwellings, if generating two (2) cubic yards or more per week of total solid waste (or other threshold defined by the State), shall requires that any contract or work agreements between the owner, occupant, or operator of the commercial business and a gardening or landscaping service specify that the organic waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code.
L. Commercial businesses, including multi-family residential dwellings, that wish to self-haul organic waste or recyclables, shall meet the self-hauler requirements in Section 13.67.090 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 13.67.060. (Ord. 2945 § 1, 2022)