The city of South San Francisco finds and declares:
(a) State
recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California
Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced
from time to time), requires cities and counties to reduce, reuse,
and recycle (including composting) solid waste generated in their
jurisdictions to the maximum extent feasible before any incineration
or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
(b) State
recycling law, Assembly Bill 341 of 2011 (approved by the Governor
of the State of California on October 5, 2011, which amended Sections
41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001
of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added
and repealed Section 41780.02 of, the
Public Resources Code, as amended,
supplemented, superseded and replaced from time to time), places requirements
on businesses and multifamily property owners that generate a specified
threshold amount of solid waste to arrange for recycling services
and requires jurisdictions to implement a mandatory commercial recycling
program.
(c) State
organics recycling law, Assembly Bill 1826 of 2014 (approved by the
Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the
Public Resources Code, relating to solid waste, as amended,
supplemented, superseded, and replaced from time to time), requires
businesses and multifamily property owners that generate a specified
threshold amount of solid waste, recycling, and organic waste per
week to arrange for recycling services for that waste, requires jurisdictions
to implement a recycling program to divert organic waste from businesses
subject to the law, and requires jurisdictions to implement a mandatory
commercial organics recycling program.
(d) SB
1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills
as a source of methane. The regulations place requirements on multiple
entities including jurisdictions, residential households, commercial
businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery
services to support achievement of statewide organic waste disposal
reduction targets.
(e) SB
1383, the Short-Lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce a chapter or enforceable mechanism
to implement relevant provisions of SB 1383 Regulations. This chapter
will also help reduce food insecurity by requiring commercial edible
food generators to arrange to have the maximum amount of their edible
food, that would otherwise be disposed, recovered for human consumption.
(f) Requirements in this chapter are consistent with other adopted goals and policies of the city including: the city’s general plan, purchasing procedures, South San Francisco Municipal Code provisions, including, but not limited to, those relating to Water Efficient Landscape (Section
20.300.007) and Construction and Demolition (Chapter
15.60), and greenhouse gas reduction and local climate action goals.
(Ord. 1628 § 2, 2021)
This chapter shall be entitled “Mandatory Organic Waste
Disposal Reduction.”
(Ord. 1628 § 2, 2021)
The following terms and definitions shall apply for the purposes of this chapter. Where applicable, the terms and definitions described below shall have the same meaning as set forth under the corresponding provisions of
California Code of Regulations, Title
14, Section 18982.2 (14
CCR Section 18982.2) and as respectively restated here. If any definition under 14
CCR Section 18982.2 contradicts a definition set forth in this chapter, the definition under 14
CCR Section 18982.2 shall govern. If a definition under 14
CCR Section 18982.2 is subsequently modified or replaced after the effective date of the enabling ordinance of this chapter, the definition under 14
CCR Section 18982.2 shall govern.
“Blue container”
shall be used for the purpose of storage and collection of
source separated recyclable materials or source separated blue container
organic waste, and means a container where either:
(1)
The lid of the container is blue in color; or
(2)
The body of the container is blue in color and the lid is either
blue, gray, or black in color. Hardware such as hinges and wheels
on a blue container may be any color.
“CalRecycle”
means California’s Department of Resources Recycling
and Recovery, which is the department designated with responsibility
for developing, implementing, and enforcing SB 1383 Regulations on
jurisdictions (and others).
“City”
means the city of South San Francisco.
“City enforcement official”
means the city manager or his or her designee, the city attorney,
or the individual or entity duly authorized by the city, as applicable,
who is/are partially or wholly responsible for enforcing the requirements
of this chapter.
“Code”
means, unless otherwise specified, the South San Francisco
Municipal Code.
“Commercial business” or “commercial”
means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip
mall, industrial facility, or a multifamily residential dwelling.
A multifamily residential dwelling that consists of fewer than five
units is not a commercial business for purposes of this chapter.
“Commercial edible food generator”
includes a tier one or a tier two commercial edible food
generator as defined in this section. For the purposes of this definition,
food recovery organizations and food recovery services are not commercial
edible food generators.
“Compliance review”
means a review of records by the city or its designee to
determine compliance with this chapter.
“Community composting”
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost on site
at any one time does not exceed one hundred cubic yards and seven
hundred fifty square feet.
“Compost”
means the product resulting from the controlled biological
decomposition of organic solid wastes that are source separated from
the municipal solid waste stream, or which are separated at a centralized
facility.
“Container”
means either a blue, gray, or green container described in
this chapter.
“C&D”
means construction and demolition debris.
“Designated source separated organic waste facility,”
as defined in 14
CCR Section 18982(14.5), means a solid waste
facility that accepts a source separated organic waste collection
stream as defined in 14
CCR Section 17402(a)(26.6) and complies with
one of the following:
(1)
The facility is a “transfer/processor,” as defined
in 14
CCR Section 18815.2(a)(62), that is in compliance with the reporting
requirements of 14
CCR Section 18815.5(d), and meets or exceeds an
annual average source separated organic content recovery rate of fifty
percent between January 1, 2022 and December 31, 2024 and seventy-five
percent on and after January 1, 2025 as calculated pursuant to 14
CCR Section 18815.5(f) for organic waste received from the source
separated organic waste collection stream.
(A)
If a transfer/processor has an annual average source separated
organic content recovery rate lower than the rate required in paragraph
1 of this definition for two consecutive reporting periods, or three
reporting periods within three years, the facility shall not qualify
as a “designated source separated organic waste facility.”
(2)
The facility is a “composting operation” or “composting
facility” as defined in 14
CCR Section 18815.2(a)(13), that
pursuant to the reports submitted under 14
CCR Section 18815.7 demonstrates
that the percent of the material removed for landfill disposal that
is organic waste is less than the percent specified in 14
CCR Section
17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and,
if applicable, complies with the digestate handling requirements specified
in 14
CCR Section 17896.5.
(A)
If the percent of the material removed for landfill disposal
that is organic waste is more than the percent specified in 14
CCR
Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two consecutive reporting
periods, or three reporting periods within three years, the facility
shall not qualify as a “designated source separated organic
waste facility.” For the purposes of this chapter, the reporting
periods shall be consistent with those defined in 14
CCR Section 18815.2(a)(49).
“Designee”
means the person or entity with whom the city has contracted
or otherwise arranges to carry out any of the city’s responsibilities
of this chapter. For the purpose of edible food recovery administration
pursuant to this chapter only, designee means the county of San Mateo
and its Office of Sustainability.
“Donation dumping”
means the actions of a tier one or tier two commercial edible
food generator in supplying food for recovery that the food recovery
organization or food recovery service is unable to accept, supplying
large amounts of food unfit for human consumption, and/or the self-hauling
and dropping off of edible food to any food recovery organization
or food recovery service without a contract to do so, or in violation
of the terms of an existing contract regarding the type of edible
food accepted, the hours of acceptance of self-haul, or the preparation
and packaging requirements.
“Edible food”
means food intended for and fit for human consumption and
collected or received from a tier one or tier two commercial edible
food generator. For the purposes of this chapter, “edible food”
is not solid waste if it is recovered and not discarded. Nothing in
this chapter requires or authorizes the edible food recovery that
does not meet the food safety requirements of the California Retail
Food Code.
“Edible food recovery”
means actions to collect, receive, and/or re-distribute edible
food for human consumption from tier one and tier two commercial edible
food generators that otherwise would be disposed.
“Enforcement action”
means an action of the city taken to address noncompliance
with this chapter, including, but not limited to, issuing administrative
citations, fines, penalties, or using other remedies.
“Excluded waste”
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the city and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in the
city or its designee’s reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise
create or expose the city, or its designee, to potential liability;
but not including de minimis volumes or concentrations of waste of
a type and amount normally found in single-family or multifamily solid
waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California
Public Resources Code.
“Exclusive franchise”
means the franchise agreement between the city and the exclusive
franchised hauler.
“Exclusive franchised hauler”
means the person or entity with whom the city has contracted, as set forth under Chapter
8.16 of this code, to collect, receive, carry and/or transport solid waste in accordance with the provisions of Chapter
8.16.
“Food distributor”
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores.
“Food facility”
means an operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption at the retail
level, as set forth in Section 113789 of the
Health and Safety Code.
“Food recovery organization”
means an entity that engages in the collection or receipt
of edible food from tier one or tier two commercial edible food generators
and distributes that edible food either directly or through other
entities, including, but not limited to:
(1)
A food bank as defined in Section 113783 of the Health and Safety
Code;
(2)
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
(3)
A food recovery organization is not a commercial edible food
generator for the purposes of this chapter.
|
“Food recovery service”
means a person or entity that collects and transports edible
food from a tier one or commercial edible food generator to a food
recovery organization or other entities for food recovery. A food
recovery service is not a commercial edible food generator for the
purposes of this chapter.
“Food scraps”
means all food, such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
“Food service provider”
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations.
“Food-soiled paper”
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons, but excluding
paper containers that are lined with, or otherwise include, non-compostable
materials.
“Food waste”
means food scraps, food-soiled paper, and compostable plastics.
“Gray container”
shall be used for the purpose of storage and collection of
gray container waste and means a container where either:
(1)
The lid of the container is gray or black in color; or
(2)
The body of the container is entirely gray or black in color
and the lid is gray or black in color. Hardware such as hinges and
wheels on a gray container may be any color.
“Gray container waste”
means solid waste that is collected in a gray container that
is part of a three-container organic waste collection service that
prohibits the placement of organic waste in the gray container as
specified in 14
CCR Sections 18984.1(a) and (b), or as otherwise defined
in 14
CCR Section 17402(a)(6.5).
“Green container”
shall be used for the purpose of storage and collection of
source separated green container organic waste and means a container
where either:
(1)
The lid of the container is green in color.
(2)
The body of the container is green in color and the lid is green,
gray, or black in color. Hardware such as hinges and wheels on a green
container may be any color.
“Greenhouse gas (GHG)”
means carbon dioxide (CO
2), methane
(CH
4), nitrous oxide (N
2O), sulfur hexafluoride (SF
6), hydrofluorocarbons
(HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases
defined in 14
CCR Section 18982.
“Grocery store”
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments.
“Hauler route”
means the designated itinerary or sequence of stops for each
segment of the city’s collection service area.
“High diversion organic waste processing facility”
means a facility that is in compliance with the reporting
requirements of 14
CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of fifty
percent between January 1, 2022 and December 31, 2024, and seventy-five
percent after January 1, 2025, as calculated pursuant to 14
CCR Section
18815.5(e) for organic waste received from the “mixed waste
organic collection stream” as defined in 14
CCR Section 17402(a)(11.5).
“Inspection”
means a site visit where the city or its designee reviews
records, containers, and an entity’s collection, handling, recycling,
or landfill disposal of organic waste or edible food handling to determine
if the entity is complying with requirements set forth in this chapter,
or as otherwise defined in 14
CCR Section 18982(a)(35). For the purposes
of edible food recovery in this chapter, “inspection”
includes actions to review contracts and other records related to
the recovery of edible food, and may occur off-site via email and
other forms of electronic communication, as well as the on-site review
of an entity’s records and collection, handling, and other procedures
for the recovery of edible food to determine if the entity is complying
with the requirements of this chapter.
“Large event”
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open
space when being used for an event.
“Large venue”
means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For purposes
of this chapter, a venue facility includes, but is not limited to,
a public, nonprofit, or privately owned or operated stadium, amphitheater,
arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For purposes
of this chapter, a site under common ownership or control that includes
more than one large venue that is contiguous with other large venues
in the site is a single large venue.
“Local education agency”
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste.
“Multifamily residential dwelling” or “multifamily”
means, for the purposes of this chapter, of, from, or pertaining
to residential premises with five or more dwelling units. Multifamily
premises do not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses.
“Non-compostable paper”
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process.
“Non-organic recyclables”
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14
CCR Section 18982(a)(43).
“Notice of violation (NOV)”
means a notice that a violation has occurred that includes
a compliance date to avoid an action to seek penalties.
“Organic waste”
means solid wastes containing material originated from living
organisms and their metabolic waste products, including, but not limited
to, food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14
CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14
CCR Section 18982(a).
“Paper products”
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling.
“Printing and writing papers”
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications.
“Prohibited container contaminants”
means the following: (1) discarded materials placed in the
blue container that are not identified as acceptable source separated
recyclable materials for the city or designee’s blue container;
(2) discarded materials placed in the green container that are not
identified as acceptable source separated green container organic
waste for the city or designee’s green container; (3) discarded
materials placed in the gray container that are acceptable source
separated recyclable materials and/or source separated green container
organic wastes to be placed in the city or designee’s green
container and/or blue container; and (4) excluded waste placed in
any container.
“Recovered organic waste products”
means products made from California, landfill-diverted recovered
organic waste processed in a permitted or otherwise authorized facility,
or as otherwise defined in 14
CCR Section 18982(a)(60).
“Recovery”
means any activity or process described in 14
CCR Section
18983.1(b), or as otherwise defined in 14
CCR Section 18982(a)(49).
“Recycled-content paper”
means paper products and printing and writing paper that
consists of at least thirty percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14
CCR Section 18982(a)(61).
“Renewable gas”
means gas derived from organic waste that has been diverted
from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authorized by 14
CCR to recycle
organic waste, or as otherwise defined in 14
CCR Section 18982(a)(62).
“Restaurant”
means an establishment primarily engaged in the retail sale
of food and drinks for on-premises or immediate consumption, or as
otherwise defined in 14
CCR Section 18982(a)(64).
“Route review”
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14
CCR Section 18982(a)(65).
“SB 1383”
means Senate Bill 1383 of 2016 approved by the governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the
Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory”
means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14
CCR, Division
7, Chapter 12 and amended portions of regulations of 14
CCR and 27
CCR.
“Self-hauler”
means a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person, to the extent permitted by Chapter
8.16 of this code and the exclusive franchise. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14
CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14
CCR Section 18982(a)(66)(A). For the purposes of edible food recovery, “self-hauler” means a commercial edible food generator which holds a contract with and hauls edible food to a food recovery organization or other site for redistribution according to the requirements of this chapter.
“Single-family”
means, for the purpose of this chapter, of, from, or pertaining
to any residential premises with fewer than five units.
“Solid waste”
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
(2)
Radioactive waste regulated pursuant to the State Radiation
Control Law (Chapter 8 (commencing with Section 114960) of Part 9
of Division 104 of the State
Health and Safety Code).
(3)
Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the State
Health and Safety Code). Untreated medical waste
shall not be disposed of in a solid waste landfill, as defined in
State
Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State
Public Resources Code.
“Source separated”
means materials, including commingled recyclable materials,
that have been separated or kept separate from the solid waste stream,
at the point of generation, for the purpose of additional sorting
or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in
14
CCR Section 17402.5(b)(4). For the purposes of this chapter, source
separated shall include separation of materials by the generator,
property owner, property owner’s employee, property manager,
or property manager’s employee into different containers for
the purpose of collection such that source separated materials are
separated from gray container waste/mixed waste or other solid waste
for the purposes of collection and processing.
“Source separated green container organic waste”
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
“State”
means the state of California.
“Supermarket”
means a full-line, self-service retail store with gross annual
sales of two million dollars, or more, and which sells a line of dry
grocery, canned goods, or nonfood items and some perishable items.
“Tier two commercial edible food generator”
means a commercial edible food generator that is one of the
following:
(1)
Restaurant with two hundred fifty or more seats, or a total
facility size equal to or greater five thousand square feet.
(2)
Hotel with an on-site food facility and two hundred or more
rooms.
(3)
Health facility with an on-site food facility and one hundred
or more beds.
(6)
A state agency with a cafeteria with two hundred fifty or more
seats or total cafeteria facility size equal to or greater than five
thousand square feet.
(7)
A local education agency facility with an on-site food facility.
“Wholesale food vendor”
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination.
(Ord. 1628 § 2, 2021)
Single-family organic waste generators shall:
(a) Be
automatically enrolled in the city’s three-container organic
waste collection services with a minimum source separated recyclable
materials service level of sixty-four gallons per week, and with a
minimum source separated green container organic waste service level
of thirty-two gallons per week. The city or its designee shall have
the authority to change these minimum required levels of service over
time. The city or its designee shall have the right to review the
number, size, and location 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,
generator shall adjust its service level for its collection services
as requested by the city or its designee.
(b) Participate
in the city’s three-container system for source separated recyclable
materials, source separated green container organic materials, and
gray container waste collection services. Generator participation
in the collection programs requires that generators 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.
(c) Nothing
in this section prohibits a generator from preventing or reducing
waste generation, managing organic waste on site, and/or using a community
composting site pursuant to 14
CCR Section 18984.9(c).
(Ord. 1628 § 2, 2021)
Commercial businesses shall:
(a) Be
automatically enrolled in the city’s three-container organic
waste collection services with a source separated recyclable materials
service level of ninety-six gallons, and with a source separated green
container organic waste service level of thirty-two gallons, as approved
by the city or its designee. The city or its designee shall have the
authority to change the minimum required service levels over time.
The commercial business’ source separated recyclable materials
service level and source separated green container organic waste service
level must be sufficient for the amount of source separated recyclable
materials and source separated green container organic waste generated
by the commercial business. The city or its designee 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 city or its designee.
(b) Participate
in and comply with the city’s three-container (blue container,
green container, and gray container) collection service by placing
designated materials in designated containers as described below.
Generators 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.
(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, contractors, tenants and customers, consistent with the city’s blue container, green container, and gray container collection service.
(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 type of 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, with either lids conforming
to the color requirements or bodies conforming to the color requirements
or both lids and bodies conforming to the 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 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.
(e) Excluding
multifamily residential dwellings, prohibit employees from placing
materials in a container not designated for those materials in accordance
with the city’s organic waste, non-organic recyclables, and
non-organic waste collection service to the extent practical through
education, training, inspection, and/or other measures.
(f) Excluding
multifamily residential dwellings, weekly 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).
(g) 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.
(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 the city or its designee, or their respective agents, to their properties during all inspections conducted in accordance with Section
8.27.130 of this chapter to confirm compliance with the requirements of this chapter.
(j) 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).
(k) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements under Section
8.27.070 of this chapter.
(Ord. 1628 § 2, 2021)