A. For purposes of this section, “business” means a commercial or public entity including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, school, school district, special district, federal, state, local, regional agency or facility. “Business” also includes a multifamily residential dwelling or mobilehome park of five or more units.
B. On or before July 1, 2012, any business generating four or more cubic yards of solid waste per week and any multifamily residential dwelling of five or more units shall reuse, recycle, compost, or otherwise divert its commercial solid waste from disposal by taking one, or any combination, of the following actions:
1. Source separate recyclable materials from the solid waste being discarded and subscribe with the city’s franchise hauler, for the pickup of the recyclable materials separately from the solid waste to divert the recyclable materials from disposal.
2. Source separate recyclable materials from the solid waste and self-haul them to a certified materials recovery facility (MRF) or other mixed waste processing facility for diversion from disposal.
a. Each business subject to this section that does not subscribe with city’s franchise hauler for pick-up of its recyclable materials shall be responsible for ensuring and demonstrating its compliance with the requirements of this section to the city manager or designee with satisfactory proof of acceptable levels of waste diversion on a quarterly basis (March, June, September and December).
b. To comply with subsection B of this section, property owners of multifamily complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials as required by property owners of multifamily complexes subject to this section.
C. The city shall implement a commercial solid waste recycling program that consists of education, outreach and monitoring of businesses, that is designed to divert commercial solid waste from businesses.
D. Nothing in this section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its recyclable materials as provided by Section 41952 of the Public Resources Code. (Ord. 314 § 1, 2012)