Generators that are commercial businesses, including multi-family residential dwellings with five or more units, shall comply with the following requirements:
(a) Subscribe to the County's collection services and comply with the requirements of those services as described below in Subsection (b), except for those that meet the self-hauler requirements of this Chapter. The County 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 County.
(b) Except for those that meet the self-hauler requirements of this Chapter, participate in the County's organic waste collection services by placing designated materials in designated containers as described below and specified in the franchise agreement.
(1) Option 1: A three and three-plus-container collection service (blue container, green container, brown container, and/or gray container).
(A) Option 1a: Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclables in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green or blue containers.
(B) Option 1b: Generator shall place source separated green container organic waste, except food waste, in the green container; source separated recyclables in the blue container; and mixed waste, including food waste, in the gray container. Generator shall not place materials designated for the green container or blue container in the gray container.
(C) Option 1c: Generator shall place source separated green container organic waste, except food waste, in the green container; source separated brown container organic waste in the brown container; source separated recyclables in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green, brown, or blue containers.
(2) Option 2: Two-container collection service (green container/gray container system or blue container/gray container system).
(A) Option 2a: Green container/gray container: generator shall place only source separated green container organic waste in a green container. Generator shall place all other materials (mixed waste) in a gray container.
(B) Option 2b: Blue container/gray container: generator shall place only source separated recyclables in a blue container. Generator shall place all other materials (mixed waste) in a gray container.
(3) Option 3: An unsegregated single container (one-container) collection service.
(A) Generator shall place all materials (mixed waste) in a gray container.
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with County's container collection systems.
(d) Excluding multi-family residential dwellings, shall provide containers for the collection of source separated green container organic waste, source separated brown container organic waste, and source separated recyclables in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that commercial 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 commercial business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the commercial business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the County, 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.
(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 to 14 CCR § 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 replacement requirements or labeling requirement in Subsection (d) above pursuant to 14 CCR § 18984.9(b).
(f) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the county's blue container, green container, brown container, and gray container collection service.
(g) Excluding multi-family residential dwellings, shall periodically inspect blue containers, green containers, brown containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).
(h) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste, source separated brown container organic waste, and source separated recyclables.
(i) Provide education information before or within 14 days of occupation of the premises to new tenants that describes the requirements to keep source separated green container organic waste, source separated brown container organic waste, and source separated recyclables separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(j) Provide or arrange access for County or its agent to their properties during all inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.
(k) 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 § 18984.9(c).
(Ord. 4434, passed - -2022)