The authorized collector shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this chapter. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling collection permit or collection agreement between the collector and the city. All solid waste collected by a collector shall be the exclusive property of the collector.
(Prior code § 5200.55; Ord. 1956 § 1, 2021)
The authorized collector shall collect solid waste from commercial/industrial premises not less than once per week. in no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety. Frequency of collection and size or number of containers may be adjusted by the city if necessary to maintain public health.
(Prior code § 5200.56; Ord. 1956 § 1, 2021)
A. 
Every commercial/industrial business served by an authorized collector shall use the standard commercial/industrial solid waste, recyclables, and organic waste container or containers or, with the prior written approval of the city manager, standard residential containers, both as provided by the authorized collector.
B. 
Every collector which provides any container or other equipment used for the storage or of commercial/industrial solid waste shall:
1. 
Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector's business name and telephone number, in a color contrasting with the background color of the container; and
2. 
Provide containers on wheels or skids or with hasps and locks upon request by the commercial/industrial business owner.
(Prior code § 5200.57; Ord. 1956 § 1, 2021)
Solid waste, recyclables, and organic waste containers provided by the collector shall be maintained in a clean, safe and sanitary condition by the collector. Containers which are not provided by the collector shall be maintained in a clean, safe and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of solid waste outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector's emptying of the container or other activities of the collector.
(Prior code § 5200.58; Ord. 1956 § 1, 2021)
Upon collection of solid waste, recyclables, and organic waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. Any container which has defects likely to hamper collection or injure the person collecting the contents thereof, or the public generally, shall be replaced promptly by the commercial/industrial business owner or, if provided by a collector, by the collector. Failure to replace any such container within five days of written notification from the city shall constitute a violation of this section.
(Prior code § 5200.59; Ord. 1956 § 1, 2021)
If a particular commercial/industrial premises requires collections at times, frequencies or in a manner such that the collector is unable to perform the collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required; or where the quantity of solid waste requires the use of multiple (more than three) containers, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the collector do not agree as to the methods for the service provided for in this section, the city shall determine the method of service. If the collector is unable or unwilling to provide such service, the city may authorize the business owner to use another solid waste enterprise for such special service until the collector can provide such service in its normal course of business.
(Prior code § 5200.60; Ord. 1956 § 1, 2021)
No building permit shall be issued for construction of any commercial/industrial building, including, but not limited to, multifamily residences, until the adequacy, location and accessibility of solid waste containers has been approved by the city. No certificate of occupancy shall be issued for the premises until the planning department has approved these facilities.
(Prior code § 5200.61; Ord. 1956 § 1, 2021)
Notwithstanding any other provision of this chapter, any collector may collect construction and demolition waste. The collector must insure and document that at least 65 percent of the construction and demolition waste collected by the collector is recycled or otherwise diverted from disposal in a landfill. The collection of construction and demolition waste shall be performed in conformance with standards adopted by the city council by resolution, including, but not limited to, payment of a collector fee, or otherwise as set forth in the applicable collection agreement.
(Prior code § 5200.62; Ord. 1956 § 1, 2021)
A. 
Generators that are commercial businesses, including multifamily residential dwellings, shall:
1. 
Subscribe to the city's three-container collection services and comply with requirements of those services as described below in subsection (A)(2) of this section. 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.
2. 
Participate in the city's three-container collection service(s) by placing 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, nor place materials designated for the green container or blue container into the gray container.
3. 
Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (A)(4)(a)–(b) of this section for employees, contractors, tenants, and customers, consistent with the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial business's instructions to support its compliance with its self-haul program, in accordance with Sections 13.28.270 and 13.28.710.
4. 
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. 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 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.
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 labeling requirements are required on new containers commencing January 1, 2022.
5. 
Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection (A)(4) above pursuant to 14 CCR Section 18984.9(b).
6. 
To the extent practical through education, training, inspection, and/or other measures, excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with subsection (A)(2) of this section, or if recycling organics on-site or self-hauling under Section 13.28.270, or 13.28.710 per the commercial business's instructions to support its compliance with its onsite recycling or self-haul program.
7. 
Excluding multifamily residential 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).
8. 
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.
9. 
Provide education information before or within 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.
10. 
Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 13.28.720 to confirm compliance with the requirements of this chapter.
11. 
Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with subsection (A)(2). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
12. 
If a commercial business wants to self-haul, meet the self-hauler requirements in Sections 13.28.270 and 13.28.710.
13. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.
14. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to 13.28.680.
B. 
The city may choose to comply with Section 13.28.660 instead of this Section 13.28.650.
(Ord. 1956 § 1, 2021)
A. 
Commercial businesses, which includes multifamily residential dwellings, shall:
1. 
With the exception of self-haulers subject to Sections 13.28.270 and 13.28.710, be automatically enrolled in the city's three-container collection services approved by the public works director or his/her designee. The city shall have the authority to change the minimum required service levels over time.
2. 
With the exception of self-haulers subject to Sections 13.28.270 and 13.28.710, participate in the city's three-container collection services by placing 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, nor place materials designated for the green container or blue container into the gray container.
3. 
Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, for employees, contractors, tenants and customers, consistent with the city's three-container collection services. The containers provided by the commercial business must have either:
a. 
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.
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 labeling requirements are required on new containers commencing January 1, 2022.
4. 
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.
5. 
Excluding multifamily residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, inspection, and/or other measures.
6. 
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.
7. 
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. This information shall also be provided to new tenants within 14 days of occupation of the premises.
8. 
Provide or arrange access for the city or its agent to their properties during all inspections to confirm compliance with SB 1383 regulations.
9. 
Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with subsection (A)(2). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
B. 
The city may choose to comply with Section 13.28.650 instead of this Section 13.28.660.
(Ord. 1956 § 1, 2021)