(a) The County's commercial solid waste recycling program consists of the requirements contained in Division 6 and education, outreach and monitoring of businesses, including notification to businesses if they are not in compliance.
(b) A business that generates four or more cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with State and local laws by taking at least one of the following actions:
(1) Source separate recyclables from the solid waste being discarded and subscribe to the grantee for the location of the business, for the pickup and diversion of the recyclables separately from the discarded solid waste.
(2) Source separate recyclables from the solid waste being discarded and self-haul the recyclables to a permitted materials recovery facility, recycling facility, or other mixed waste processing facility for diversion from disposal in a landfill.
(3) Subscribe, with the grantee for the location of the business, to a recycling service that includes mixed waste processing that specifically includes the diversion of the recyclables from disposal in a landfill.
(4) Sell or donate recyclables to the grantee or a third party in compliance with the franchise agreement.
(c) Commercial recycling collection containers:
(1) Each business subject to this Section that provides customers access to the business shall provide customers with a commercial solid waste recycling bin or container to collect material purchased on the premises and that meets the following requirements:
(A) Is adjacent to each bin or container for trash other than recyclable commercial solid waste, except in restrooms.
(B) Is visible and easily accessible.
(C) Is clearly marked with education signage indicating what is appropriate to place in the commercial solid waste recycling bin or container.
(2) Full-service restaurants are exempt from the requirement to provide customers with a commercial solid waste recycling bin or container if the full-service restaurant provides its employees with a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.
(d) Each business subject to this Section that does not subscribe with the grantee for the location of the Business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section to the Division with satisfactory proof of acceptable levels of waste Diversion as determined by the Director or designee and requested by the Division.
(e) To comply with this Chapter, property owners of multifamily residential dwellings of five units or more may require tenants to source separate their recyclables. Tenants must source separate their recyclables as required by property owners of multifamily residential dwellings of five units or more.
(f) Within 30 days, all businesses are required to complete and return to grantee or Division all commercial solid waste recycling surveys sent to business. If grantee or Division request additional information from business, business shall respond within 15 days.
(g) The County may grant, on a case by case basis and subject to the discretion of the Director or the Director's designee, an exemption (which exemption may be revoked by the Director or the Director's designee upon 30 days written notice to business) to a business from compliance with this section for any of the following reasons:
(1) Lack of sufficient space in the business to provide additional recycling bins.
(2) The current implementation by a business of actions that result in the recycling of a significant portion of its commercial waste.
(3) The business does not generate at least one-half of a cubic yard of recyclables per week.
(4) Lack of viable markets or recycling facilities available for recyclables generated by the business.
(5) Any other reason that is authorized by the State of California.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)