8.08.060 Requirements for commercial organic waste generator, including multifamily.
Generators that are commercial generators which pursuant to SB 1383 include multifamily dwellings shall:
A. Subscribe to the City’s organic waste collection services for all organic waste as described below, except those that meet the self-hauler requirements of this chapter. The City 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 businesses shall adjust their service level for their collection services as requested by the City.
B. Participate in the City’s organic waste collection service by placing designated material in designated containers as required, and shall not place unauthorized materials in collection containers. Generators shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.
C. Supply and allow access to an adequate number, size, and location of containers with sufficient labels or colors in compliance with the act for employees, contractors, tenants, residents, and customers, consistent with the applicable color-coded collection service.
D. Excluding multifamily dwellings, provide containers for the collection of source separated 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:
1. A body or lid that conforms with the container colors provided through the collection service provided by the City. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this 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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, inspection, and/or other measures, excluding multifamily dwellings, prohibit employees from placing materials in a container not designated for those materials.
G. Excluding multifamily dwellings, periodically inspect 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).
H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials.
I. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements regarding source separated materials and appropriate container sorting, and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City or designee to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.
K. If implemented, accommodate and cooperate with the City’s remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance with this chapter.
L. Notwithstanding the above, and in accordance with the SB 1383 regulations, the City 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 containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided, commercial businesses shall comply with the container label requirements.
M. 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).
N. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of this chapter. Full-service restaurants which are not under tier two commercial edible food generators are exempt from the recycling requirements of this section if the full-service restaurant, on or before July 1, 2020, provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste. (Ord. 2022-03 § 2, 2022.)