(a) Subscribe to three-container collection services and comply with requirements of those services as described below in Section (b). The City or its designee 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 Service Recipients shall adjust their service level for their collection services as needed or as requested by the City or its designee.
(b) Participate in the City's Organic Waste collection service program by placing designated materials in designated containers as described below.
(1) A three-container collection service (Garbage, Recycle, Organics).
(A) Generator shall place Source Separated Organic Waste, including Food Waste, in the Organics Container; Source Separated Recyclable Materials in the Recycling Container; and non-recyclable Solid Waste in the Garbage Container. Generator shall not place non-recyclable Solid Waste into the Organics or Recycling Containers.
(c) Supply and allow access to adequate number, size and location of Collection Containers with sufficient labels or colors (conforming with SB 1383) for employees, contractors, tenants, and customers, consistent with City's solid waste collection service or, if self-hauling, per the Self-Hauler requirements of Section 6-2.808.
(d) Businesses must provide containers for the collection of Source Separated 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, in accordance with AB 827. Such containers do not need to be provided in restrooms. If a 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. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the 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 of SB 1383. A 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 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(e) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's solid waste collection service or, if self-hauling, per the Self-Hauler requirements of Section 6-2.808.
(f) Periodically, as directed by the City or its designee, inspect Recycling Containers, Organics Containers, and Garbage 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 Section 18984.9(b)(3).
(g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Waste and Source Separated Recyclable Materials.
(h) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Solid Waste and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for City or its Contractor to their properties during all Inspections conducted in accordance with Section 6-2.809 of this ordinance to confirm compliance with the requirements of this Chapter.
(j) If a Commercial Service Recipient wants to self-haul, they shall meet the Self-Hauler requirements in Section 6-2.808 of this ordinance.
(k) Nothing in this Section prohibits a Commercial Service Recipient from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(l) Commercial Service Recipients that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 6-2.805.
(Ord. 1688-NS, eff. December 17, 2021)