Single-family organic waste generators shall comply with the following requirements:
A. 
Shall subscribe to the city's collection services for all solid waste generated on their premises as described below in Section 8.04.270(B). The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and adjust the Generator's service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site.
B. 
Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
C. 
Shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(Ord. 1838 § 1, 2021)
Generators that are commercial businesses, including multifamily residential dwellings, shall:
A. 
Subscribe to city's three-container collection services and comply with requirements of those services as described below in Section 8.04.280(B), except commercial businesses that meet the self-hauler requirements in Section 8.04.290 of this article. 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. 
Except commercial businesses that meet the self-hauler requirements in Section 8.04.290 of this article, generators shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below. Generators shall place source separated organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and source separated refuse or mixed waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
C. 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (D)(2) below) for employees, franchisees, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its selfhaul program, in accordance with Section 8.04.290.
D. 
Excluding multifamily 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. 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 city, 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.
2. 
Container labels that include language or illustrations, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or illustrations that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. 
Excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in this section. To the extent practical, this should be achieved through education, training, inspections, and/or other measures.
F. 
Excluding multifamily 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.
G. 
Annually provide information to employees, franchisees, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
H. 
Provide education information before or within fourteen 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.
I. 
Provide or arrange access for city or its agent to their properties during all Inspections conducted in accordance with Section 8.04.350 of this chapter to confirm compliance with the requirements of this chapter.
J. 
Accommodate and cooperate with city's remote monitoring program (if implemented) for inspection of the contents of containers for prohibited container contaminants and to evaluate generator's compliance. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers or on franchisee's vehicles.
K. 
At commercial business' option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city.
L. 
If a commercial business wants to self-haul any portion of its waste steam, meet the self-hauler requirements in Section 8.04.290 of this chapter.
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.
N. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 8.04.310.
(Ord. 1838 § 1, 2021)
A. 
Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city's organics and recycling collection program) generated on-site from solid waste in a manner consistent with Section 8.04.270 for single-family waste generators, and Section 8.04.280 for commercial businesses and multifamily residential dwellings, or shall haul organic waste to a high diversion organic waste processing facility.
B. 
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. 
Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the city. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the waste.
2. 
The amount of material in cubic yards or tons transported by the generator to each entity.
3. 
If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the number of loads, and the entities that received the organic waste.
D. 
Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection (C) above to the city if requested.
E. 
A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsection (C) above.
(Ord. 1838 § 1, 2021)
A. 
De Minimis Waivers. The city may waive a commercial business' obligation (including multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in section below. Commercial businesses requesting a de minimis waiver shall:
1. 
Submit an application specifying the services that for which they are requesting a waiver.
2. 
Provide documentation that either:
a. 
The total solid waste collected from commercial businesses is two cubic yards or more per week and organic waste subject to collection in a green container comprises fewer than twenty gallons per week; or
b. 
The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.
3. 
Notify city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. 
Provide written verification of eligibility for de minimis waiver every five years, if city has approved de minimis waiver.
B. 
Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has sufficient evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.
The determination on whether to grant the physical space waiver shall be made by the public works director or designee. A commercial business or property owner may request a physical space waiver through the following process:
1. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. 
Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. 
Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.
(Ord. 1838 § 1, 2021)