(a) Owners, occupants, or operators of single-family, multi-family, and commercial premises, unless exempted in subsection (b) below or by waivers granted pursuant to this chapter, are subject to the requirements specified by this section.
(b) The following persons are exempt from the requirements of this section under the conditions specified:
(1) Exemptions in densely-populated areas: Until September 30, 2021, owners, occupants, or operators of multi-family and commercial premises in densely-populated areas that generate less than two (2) cubic yards of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) are exempt from the requirements in article VII of this chapter related to designated organic materials, provided that such organic materials are stored and disposed of in accordance with applicable law or regulations, with the exception that multi-family premises are not exempt from designated organic materials requirements for green materials. Commencing October 1, 2021, owners, occupants, or operators of multi-family and commercial premises in densely-populated areas shall not be exempt from the requirements of article VII of this chapter.
(2) Exemptions in sparsely-populated areas:
(i) Owners, occupants, or operators of all single-family premises and all multi-family premises in the sparsely-populated areas are exempt from the requirements in article VII of this chapter related to designated organic materials for food waste, provided food waste is stored and disposed of in accordance with applicable law or regulations. Owners, occupants, or operators of all single-family premises and multi-family premises in the sparsely-populated areas are not exempt from the requirements in Article VII of this chapter related to designated organic materials for green materials.
(ii) Owners, occupants, or operators of commercial premises in sparsely-populated areas that generate less than two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) are exempt from the requirements in Article VII of this chapter related to designated organic materials, provided that such organic materials are stored and disposed of in accordance with applicable law or regulations.
(c) The owner, occupant, or operator of a premises subject to subsection (a) above shall: (1) source separate and store designated recyclable materials and designated organic materials separately from solid waste; and, (2) source separate and store designated recyclable materials and designated organic materials separately from each other.
(d) The owner, occupant, or operator of a premises subject to subsection (a) above shall arrange for recycling or processing of the designated recyclable materials and designated organic materials through one or more of the following methods:
(1) Subscribing to a three-stream collection system that includes designated recyclable materials and designated organic materials collection services through a collector or CRMC and solid waste collection services through a collector; and/or,
(2) Self-hauling the designated recyclable materials, designated organic materials, and/or solid waste in accordance with section 68.572 of this chapter.
(3) If a collector offers a collection program approved by the Director that relies on use of a two-stream organic waste collection system pursuant to 14 CCR section 18984.2, the owner, occupant, or operator of a premises may comply with the requirements of this Article VII by subscribing to the two-stream organic waste collection system and source separating recyclable materials, organic materials, and solid waste, as applicable, in accordance with the Director's requirements for such systems.
(e) If the owner, occupant, or operator of a premises subscribes to a collector's or CRMC's collection services to arrange for recycling or processing of designated recyclable materials and/or designated organic materials and/or disposal of solid waste, the owner, occupant, or operator shall comply with the requirements specified in section 68.571 of this chapter.
(f) If the owner, occupant, or operator of a premises self-hauls discarded materials, the owner, occupant, or operator shall comply with the requirements specified in section 68.572 of this chapter.
(g) If the owner, occupant, or operator of a premises manages designated organic materials on its premises to comply with organic waste recycling requirements, it shall use composting method(s) or other on-site management practices that are consistent with applicable laws or regulations that do not create a public nuisance because of odors or other offensive conditions.
(h) If an owner, occupant, or operator of a commercial or multi-family premises meets waiver criteria in sections 68.575 of this chapter, the owner, occupant, or operator may apply for a waiver as described in section 68.575 of this chapter to be excused from some or all designated recyclable materials and designated organic materials recycling requirements of this chapter.
(i) No owner, occupant, or operator of a premises shall dispose of or arrange for disposal of designated recyclable materials or designated organic materials.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; amended by Ord. No. 8089 (N.S.), § 1, effective 7-16-92; Section 1 of Ord. No. 8089 (N.S.) repealed by Ord. No. 8100 (N.S.), effective 7-1-92; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21)