A. Commercial businesses, which include multi-family residential dwellings, shall:
1. With the exception of self-haulers subject to Sections 8.08.030 and 8.11.100, be automatically enrolled in the city's three-container collection services with a source separated blue recyclable materials container and a source separated green organic waste container, approved by the Public Works Director or his or her designee. The city shall have the authority to change the minimum required service levels over time.
2. With the exception of self-haulers subject to Sections 8.08.030 and 8.11.100, participate in the city's three-container collection services by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials 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 container or blue container, nor place materials designated for the green container or blue container into the gray container.
3. 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 the city's three- container collection services. The containers provided by the commercial business must have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by city, 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 labeling requirements are required on new containers commencing January 1, 2022.
4. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste, and source separated recyclable materials 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 of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.
5. Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures.
6. Excluding multi-family residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
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 and source separated recyclable materials. This information shall also be provided to new tenants within 14 days of occupation of the premises.
8. Provide or arrange access for the city or its agent to their properties during all inspections to confirm compliance with SB 1383 Regulations.
9. Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with Section 8.11.050(A)(2). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
(Ord. 2021-08-1526)