A. Commercial businesses, which includes multi-family residential dwellings, shall:
1. Subscribe to the Town's three-container organic waste collection services. The Town shall have the right to review the number, size, and location 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 business shall adjust its service level for its collection services as requested by the Town.
2. Participate in and comply with the Town's three-container (blue container, green container, and gray container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.
B. Notwithstanding the above, and in accordance with the SB 1383 Regulations, the Town is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (blue container, green container, and gray container), commercial businesses shall comply with the container label requirements.
1. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (2)(a) and (2)(b) below), for employees, contractors, tenants and customers, consistent with the Town's blue container, green container, and gray container collection service.
2. 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. Pursuant to 14 CCR section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by the Town, 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 section 18984.8, the container labels are required on new containers commencing January 1, 2022.
3. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR section 18984.9(b).
4. To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the Town's blue container, green container, and gray container collection service.
5. 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 pursuant to 14 CCR section 18984.9(b)(3).
6. 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.
7. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
8. Provide or arrange access for the Town or its agent to their properties during all inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.
9. If implemented, accommodate and cooperate with the Town's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with this Chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and/or gray containers.
10. Nothing in this Section prohibits a generator 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).
11. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this Chapter. (Ord. 301, 6-7-2022)