(a) The County's commercial organic waste recycling program consists of the requirements contained in Division 6 and education, outreach and monitoring of businesses, including the notification to businesses if they are not in compliance.
(b) A business generating two cubic yards or more of commercial solid waste per week shall arrange for recycling services specifically for organic waste, consistent with State and local laws, by taking one, or any combination, of the following actions:
(1) Source separate organic waste from other solid waste and subscribe to the grantee for the location of the business, for the collection and recycling of the organic waste.
(A) If the grantee for the location of the business does not offer a program for the collection and recycling of the organic waste, a business may contract with another entity for the service. That a hauler that is not a grantee may provide the collection and recycling of organic waste at a lower cost to business does not authorize a business to use the hauler that is not a grantee, if the grantee provides a collection and recycling of organic waste program to business.
(2) Recycle its organic waste onsite or self-haul its own organic waste for recycling.
(3) Subscribe, with the grantee for the location of the business, to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste.
(4) Sell or donate recyclable organic waste to the grantee or a third party in compliance with the franchise agreement.
(c) Commercial organic waste collection containers:
(1) Each business subject to this Section that provides customers access to the business shall provide customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that meets the following requirements:
(A) Is adjacent to each bin or container for trash other than recyclable organic 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 organic waste recycling bin or container.
(2) Full-service restaurants are exempt from the requirement to provide customers with an organic waste recycling bin or container if the full-service restaurant provides its employees with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste.
(d) When arranging for gardening or landscaping services, the contract or work agreement between a Business subject to this Section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this Section.
(e) A business that is a multifamily residential dwelling is not required to arrange for the organic waste recycling services specified in this Section for food waste that is generated by the business.
(f) 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 organic waste recycling as determined by the Director and requested by the Division, or its designee.
(g) To comply with this Chapter, property owners of multifamily residential dwellings of five units or more may require tenants to source separate their organic waste. Tenants must source separate their organic waste as required by property owners of multifamily residential dwellings of five units or more.
(h) 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 § 46.0603 for any of the following reasons:
(1) Lack of sufficient space in the business to provide additional organic waste recycling bins.
(2) The current implementation by a business of actions that result in the recycling of a significant portion of its organic waste.
(3) The business does not generate at least one-half of a cubic yard of organic waste per week.
(4) Limited-term exemptions for extraordinary or unforeseen events.
(5) Any other reason that is authorized by the State of California.
(i) Within 30 days, all businesses are required to complete and return to grantee or Division all commercial organic waste recycling surveys sent to business. If grantee or Division request additional information from business, business shall respond within 15 days.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)