(A) Commercial businesses, which includes multi-family residential dwellings, shall:
(1) Except commercial businesses that meet the self-hauler requirements in this subchapter, be automatically enrolled in the city's two-container organic waste collection services and with a source separated green container organic waste service level of 64 gallons, approved by the Public Works Director. The city or its designee shall have the authority to change the minimum required service levels over time. The commercial business' source separated green container organic waste service level must be sufficient for the amount of source separated green container organic waste generated by the commercial business. The city or its designee shall have the right to review the number, size, and location 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 business shall adjust its service level for its collection services as requested by the city, or by the hauler.
(2) Except for commercial businesses that meet the self hauler requirements in this subchapter participate in and comply with the city's two-container collection service by placing designated materials in designated containers as described below. Generator shall place source separated green container organic waste, including food waste, in the green container; and black container waste in black container. Generators shall not place materials designated for the black container into the green container.
(3) Supply and allow access to adequate number, size, type and location of collection containers with sufficient labels or colors (conforming with divisions (A)(4)(a) and (b) below), for employees, contractors, tenants and customers, consistent with city's blue container, green container, and gray container collection service.
(4) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, in all indoor and outdoor areas where disposal 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 source separated container organic waste then the 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 business shall have either:
(a) A body or lid that conforms with the container colors provided through the collection service provided by the city or its designee 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.
(b) 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 14 CCR § 18984.8, the container labels are required on new containers commencing January 1, 2022.
(5) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city's organic waste, non-organic recyclables, and non-organic waste collection service to the extent practical through education, training, inspection, and/or other measures.
(6) Excluding multi-family residential dwellings, quarterly inspect green and black 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).
(7) 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.
(8) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
(9) Provide or arrange access for the city or its designee to their properties during all inspections conducted in accordance with § 50.038 to confirm compliance with the requirements of this subchapter.
(10) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with these regulations. The remote monitoring program shall involve installation of remote monitoring equipment on or in all the containers, as applicable.
(11) At commercial business' option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers, as applicable, for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in all the containers, as applicable, subject to written notification to an approval by the city or its designee.
(12) If a commercial business wants to self-haul, meet the self-hauler requirements in section of this subchapter.
(13) 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).
(14) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to the provisions of this code.
(Ord. 680, passed 11-2-21)