8.28.057   Mandatory commercial organics recycling/diversion.
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.   For purposes of this section, “organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
C.   On or before January 13, 2021, any business generating two or more cubic yards of organics waste per week and any multi-family residential dwelling of five or more units generating two or more cubic yards of green waste per week shall recycle, compost, or otherwise divert its commercial solid waste from disposal by taking one, or any combination, of the following actions:
1.   Source separate organic waste from the solid waste being discarded and subscribe with the city’s franchise hauler for the pick-up of the organic materials separately from the solid waste to divert the materials from disposal.
2.   Source separate organic waste from the solid waste and self-haul them to a certified organic processing and recycling 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 organic 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 organics recycling on a quarterly basis (January, April, July, and October).
b.   To comply with subsection C of this section, property owners of multifamily complexes may require its contracted landscapers to recycle the green waste materials and provide satisfactory proof that the materials are being properly recycled on a quarterly basis (January, April, July, and October).
D.   Property managers and/or owners that subscribe to and pay for solid waste collection services for their tenants must also subscribe and pay for the organics recycling collection services required to comply with this section. Nothing in this section is intended to relieve tenants from reimbursing the property manager and/or owner for its pro-rata share of the organics recycling services costs.
E.   The city’s franchise hauler shall implement a commercial organics recycling program that consists of education, outreach and monitoring of businesses, that is designed to divert organic materials from businesses.
F.   Nothing in this section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its organics materials as provided by Section 41952 of the Public Resources Code. (Ord. 398 § 3, 2020; Ord. 370 § 1, 2018)