The city shall service garbage, recyclable materials, and organic materials collections containers once each week from all dwelling units in the city. The city shall collect daily (except Sundays) if required from all business and commercial establishments.
(A) Commercial customers are responsible for compliance. Each commercial customer shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter, including all multi-family dwellings of four units or more, and also including multi-family dwellings under four units that share solid waste collection containers and services under one account.
(B) Commercial recycling and organics collection required. Each commercial customer shall subscribe to a level of service that is sufficient to handle the volume of recyclable materials and organic materials generated or accumulated on the premises, or complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with any other applicable law or regulation. The commercial customer shall make a copy of such form available to the Public Works Director or designee upon request. Additionally, each commercial customer shall ensure the proper separation of solid waste, as established by the city, by placing each type of material in designated standard receptacles or containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation of solid waste.
(C) Commercial customer self-haul. Nothing in this chapter shall preclude any commercial customer from self-hauling recyclable materials or organic materials generated by that commercial customer to a recycling or organics processing facility, provided that the responsible parties:
(1) Comply with the requirements in this chapter by delivering recyclable materials or organics materials to permitted facilities that will process those materials in accordance with the requirements and intent of this chapter.
(2) Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the Public Works Director or designee.
(3) Provide proof of compliance with this chapter, upon request by the city; proof includes, but is not limited to, a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered.
(D) Exemptions to mandatory commercial recycling and organics. The following shall be exempt from the requirements of this section. Commercial customers seeking an exemption shall submit their request for exemption in a form specified by the Public Works Director or designee, if such a form exists. After reviewing the exemption request, and after an on-site review, if applicable, the Public Works Director or designee may either approve or deny the exemption request.
(1) The state, a special district or other local public agency other than the city, as defined, or any employee thereof, when collecting or transporting recyclable materials produced by operation or system of the entities described above.
(2) Municipal corporations and governmental agencies other than city using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the city.
(3) Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that no organic materials and recyclable materials are generated by that commercial customer generator, its employees, customers, tenants, businesses practices, and other persons or processes which occur on the premises of the commercial customer generator. This exemption may be granted only if the commercial customer generator is not subject to the requirements of AB 1826 or AB 341.
(4) Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that there is inadequate space for the commercial customer to store sufficient containers for recyclable materials and organic materials on site and that it is infeasible for the commercial customer to share recyclable materials or organic materials containers with adjacent commercial facilities or multi-family dwellings. This exemption may be granted only if the commercial customer is not subject to the requirements of AB 1826 or AB 341.
(5) Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that compliance with this chapter will result in violating city zoning or other regulations. This exemption may be granted only if the commercial customer generator is not subject to the requirements of AB 1826 or AB 341.
(E) Additionally:
(1) The Public Works Director or designee shall review commercial customer data to confirm whether all commercial customers are compliant with the requirements of this chapter by reviewing subscription levels of garbage, organics and recycling collection services. Those commercial customers who do not subscribe to the required collection services with the city will be notified of the requirement to subscribe or self-haul organics and recyclables. Those commercial customers who do not subscribe to the required services with the city, but who can produce evidence of legitimate self-haul of organics and recyclables will be deemed compliant with this chapter, whereas those who cannot will be deemed non-compliant.
(2) The Public Works Director or designee shall annually work with any non-compliant commercial customers in order to bring them into compliance with the requirements of this chapter by providing outreach, education, and technical assistance to facilitate compliance.
(3) Commercial customers shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within 30 days of notification of non-compliance. Failure to demonstrate compliance with the requirements of this chapter shall be cause for enforcement.
(1995 Code, § 7.16.090) (Ord. 18-05, passed 9-18-2018)