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(a) Commercial businesses shall comply with the following requirements:
(2) Commercial premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a commercial business and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.
(3) For commercial premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) and that provide customers access to the business, provide customers with a recyclable materials and an organic materials bin or container to collect recyclable materials and organic materials purchased on the premises for immediate consumption and that fulfills all of the following requirements:
(i) Is adjacent to each bin or container for solid waste, except in restrooms.
(ii) Is visible and easily accessible.
(iii) Is clearly marked with educational signage indicating the types of recyclable materials or organic materials that are appropriate to place in the recyclable materials or organic materials bins or containers in accordance with state law and the local jurisdiction's solid waste ordinances and practices.
(iv) Full-service restaurants defined by CA Public Resources Code section 42649.8 are exempt from the requirements of this subsection (a)(3) if the full-service restaurant provides its employees a recyclable materials and an organic materials bin or container to collect recyclable materials and organic materials purchased on the premises for immediate consumption and implements a program to collect designated recyclable materials and designated organic materials.
(4) Owner or operator of a commercial business, with the consent of the collector or CRMC if owner or operator of the commercial premises requires modification or alteration of any containers and subject to any required approval from the County, may implement a remote monitoring program for inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.
(5) If commercial businesses are tier one or tier two edible food generators, comply with food recovery requirements pursuant to this chapter.
(b) Commercial premises in densely-populated areas shall comply with the following requirements:
(1) Achieve a minimum diversion service level ratio that meets or exceeds the County's multi-family and commercial diversion service level ratio requirement of 35%, unless exempt under a waiver approved by this chapter.
(2) Supply and allow access to adequate number, size, and location of discarded materials collection containers with sufficient labels or colors (conforming with requirements outlined below) for employees, contractors, tenants, and customers, consistent with recyclable materials container, organic materials container, and solid waste container collection service provided by the collector or CRMC or in a manner that supports compliance with self-haul requirements of sections 68.570 and 68.572 of this chapter.
(3) Provide containers for the collection of designated organic materials and designated recyclable materials in all indoor and outdoor areas where solid waste 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, the business does not have to provide that particular container in all areas where solid waste disposal containers are provided for customers. Pursuant to 14 CCR section 18984.9(b), the containers provided by the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service provided by its collector or CRMC, 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, 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.
(ii) 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 that are prohibited container contaminants.
(4) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the collector's or CRMC's discarded materials collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.
(5) Periodically inspect recyclable materials, organic materials, and solid waste containers for prohibited container contaminants and inform employees of contaminated containers and of the requirements to keep contaminants out of those containers pursuant to 14 CCR section 18984.9(b)(3).
(6) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of designated organic materials and designated recyclable materials.
(7) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants or within fourteen (14) days of hiring to new employees that describes requirements to keep designated organic materials and designated recyclable materials separate from solid waste (when applicable) and the location of containers for discarded materials and the rules governing their use at each property.
(8) Provide or arrange access for County or its designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
(9) Accommodate and cooperate with implementation and operation of a remote monitoring program for inspection of the contents of containers for prohibited container contaminants. The remote monitoring program may involve installation of remote monitoring equipment on or in the recyclable materials, organic materials and solid waste containers used by the commercial premises.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Single-family owners, occupants, or operators and multi-family and commercial premises owners and operators may apply for waivers in certain circumstances described in this section 68.575 to be excused from designated recyclable materials and/or designated organic materials collection services.
(b) De minimis waivers in densely populated areas: For a multi-family or commercial premises in a densely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's obligation to comply with some or all designated recyclable materials and designated organic materials recycling requirements of this chapter if the owner or operator of commercial business or multi-family residential dwelling provides documentation that the business or multi-family generates less solid waste, recyclable materials, and organic material than the thresholds described below.
(1) Commercial businesses or multi-families requesting a de minimis waiver shall:
i. Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial business's or multi-family's total solid waste collection service is two (2) cubic yards or more per week and designated recyclable materials and designated organic material subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than twenty (20) gallons per week per applicable material stream of the multi-family's or commercial business' total waste (i.e., designated recyclable materials in the recyclable materials stream are less than twenty (20) gallons per week or designated organic materials in the organic materials stream are less than twenty (20) gallons per week); or,
b. The commercial business's or multi-family's total solid waste collection service is less than two (2) cubic yards per week and designated recyclable materials and designated organic material subject to collection in a recyclable material container(s) or organic material container(s) comprises less than ten (10) gallons per week per applicable material stream of the multi-family's or commercial business's total waste (i.e., designated recyclable materials in the recyclable materials stream are less than ten (10) gallons per week or designated organic materials in the organic materials stream are less than ten (10) gallons per week).
c. For the purposes of subsections (a) and (b) above, total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.
ii. Notify County if circumstances change such that multi-family's or commercial business's quantity of designated recyclable materials and designated organic materials exceeds the weekly threshold required for the waiver, in which case the waiver will be rescinded.
iii. Provide written verification of eligibility for de minimis waiver every five (5) years, if County has approved de minimis waiver.
(c) Physical space waivers in densely or sparsely populated areas: For a multi-family or commercial premises in a densely populated area or in a sparsely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's obligations to comply with some or all designated recyclable materials and designated organic materials recycling requirements of this chapter if the County has evidence from its own staff, a collector, CRMC, licensed architect, or licensed engineer that the premises lacks adequate space for compliance with the designated recyclable materials and/or designated organic materials requirements of this chapter.
(1) A physical space waiver may also be requested if a commercial business or multi-family owner or operator documents that the premises lacks adequate space for sufficient number and size organic material container(s) and recyclable material containers.
(2) A commercial business or multi-family owner or operator requesting a physical space waiver shall:
i. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
ii. Provide documentation that the premises lacks adequate space for recyclable material containers and/or organic material containers including documentation from its collector, CRMC, licensed architect, or licensed engineer or from County staff.
iii. Provide written verification to County that it is still eligible for physical space waiver every five (5) years, if County has approved application for a physical space waiver.
(d) On-site organics management waiver in densely or sparsely populated areas: County may waive a single-family, multi-family, or commercial business's obligations to comply with some or all designated organic materials recycling requirements if the generator provides adequate documentation that its source separated organic material is being managed through on-site composting or other on-site management practices that are consistent with applicable laws or regulations. Single-family, multi- family, or commercial business owner or operator requesting an on-site organics management waiver shall:
(1) Submit an application form specifying the type(s) of on-site organics management they will utilize.
(2) Provide documentation that the premises has adequate space for on-site and does not come into conflict with provisions in section 68.570.
(3) For multi-family and commercial owners and operators in densely populated areas, demonstrate that the on-site organics management will achieve the de minimis volume standards in subsection (b) above; and, for multi-family and commercial owners and operators in sparsely-populated areas, demonstrate that the on-site organics management will achieve the low volume standard in subsection (f) below.
(4) For single-family premises, demonstrate or confirm plans to provide appropriate management of all green materials and food waste, including food-soiled paper.
(5) Provide written verification for on-site organics management waiver every five (5) years.
(e) Recyclable materials recycling waivers for sparsely populated areas: For a multi-family or commercial premises in a sparsely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's requirements to comply with some or all designated recyclable materials recycling requirements for any of the following reasons:
(1) The commercial business's or multi-family's total solid waste collection service is two (2) cubic yards or more per week and designated recyclable materials subject to collection in a recyclable materials container(s) comprises less than twenty (20) gallons per week; or,
(2) The commercial business's or multi-family's total solid waste collection service is less than two (2) cubic yards per week and designated recyclable materials subject to collection in a recyclable material container(s) comprises less than ten (10) gallons per week.
(3) For the purposes of subsections (1) and (2) above, total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.
(f) Organic materials recycling waivers for sparsely populated areas: For a multi-family or commercial premises in a sparsely populated area that generates two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State), the County may waive a multi-family owner's or operator's or commercial business owner's or operator's requirements to comply with some or all designated organic materials recycling requirements for any of the following reasons:
(1) Physical space waiver pursuant to Section 68.757(c).
(2) The current implementation by a multi-family premises or commercial premises of actions that result in the recycling of a significant portion of its organic waste.
(3) The multi-family premises or commercial premises or group of multi-family premises or commercial premises does not generate at least one half of a cubic yard of organic waste per week.
(4) Extraordinary and unforeseen events warrant limited-term exemptions.
(g) Review and approval of waivers by County: Owners and operators of premises seeking waivers shall:
(1) Apply to Director or his/her designee for a waiver, or consent to a collector submitting the application on the owner's behalf. Waivers are valid for five (5) years.
(2) Any waiver holder must cooperate with the County and/or collector or CRMC for compliance inspections and enforcement as stated in section 68.610.
(3) Waiver holder, or its collector on the owner's behalf with consent of the owner, must reapply to the Director or his/her designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the County. Failure to submit a completed application shall equate to an automatic denial of said application.
(4) Director may revoke a waiver at any time upon a determination that any of the circumstances justifying a waiver are no longer applicable.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Pursuant to PRC section 41901, this section establishes a solid waste planning fee to pay the County's costs in preparing, adopting and implementing a Countywide integrated waste management plan, to fulfill the State-mandated reporting requirements for each county, including countywide disposal reporting. Operators of solid waste disposal sites in San Diego County shall pay the County a solid waste planning fee of $0.02 per ton for all solid waste tons disposed in its solid waste disposal sites, except for operators of the San Onofre Landfill and Las Pulgas Landfill. For any solid waste that is exported and disposed outside of San Diego County, either the handler or the solid waste facility operator that transported the solid waste out of San Diego County for disposal shall pay the County a solid waste planning fee of $0.02 per ton fee on all solid waste transported out of County for disposal. These solid waste planning fees shall be paid on solid waste regardless of its jurisdiction of origin (e.g., paid on all solid waste disposed in, transported in, and collected from unincorporated County areas and incorporated cities within the County). The parties described above, which are obligated to remit the solid waste planning fees, shall remit the amount due to the Director.
(b) The solid waste planning fee required by this section shall not be assessed against a solid waste handler if the handler is able to demonstrate to the satisfaction of the Director that the waste was recycled or diverted from disposal or if the fee was collected at a solid waste facility within San Diego County.
(c) For the purposes of this section, handler means a person that collects or transports solid waste generated in unincorporated County areas or incorporated cities within the County.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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