A.
The city hereby reserves the right to implement a performance-based organic waste collection service by doing all of the following:
1.
Providing a three-container organic waste collection service consistent with Section 14.06.03.020 to at least ninety percent of the commercial businesses in the city and to at least ninety percent of the city's residents.
2.
Transporting the contents of the source separated organic waste collection stream to a designated source separated organic waste facility.
3.
Ensuring that the presence of organic waste in the gray container collection stream does not exceed an annual average of twenty-five percent by weight.
(a)
The annual average percent of organic waste present in the gray container collection stream shall be determined by the results of waste evaluations performed by the city pursuant to Section 14.06.03.060.
(b)
The annual average percent of organic waste present in a jurisdiction's gray container collection stream is the average of the results of the gray container waste collection stream samples performed by the city in the immediately previous four quarters pursuant to Section 14.06.03.060.
4.
Providing collection service to organic waste generators, without any requirement that commercial businesses or residents first request solid waste collection service prior to enrollment in those services.
5.
Notifying CalRecycle pursuant to Section 14.06.17.030.
B.
If the city implements a performance-based organic waste collection service and delegates collection services to a designee, the city shall include in its contracts or agreements with the designee a requirement that all haulers transport the source separated organic waste collection stream collected from generators to a designated source separated organic waste facility.
C.
If the city fails to meet the requirements of this section after notifying CalRecycle in accordance with Section 14.06.17.030, the city shall implement an organic waste collection service that complies with the requirements of Part 3 of this chapter.
D.
If the city implements a performance-based organic waste collection service pursuant to this section, a hauler providing a performance-based source separated collection service is not required to comply with the provisions of Section 14.06.07.020, but shall comply with the following:
E.
The requirements of subsection D of this section are not applicable to:
1.
A hauler that, consistent with Public Resources Code Section 41950 et seq., transports source separated organic waste to a community composting site; or
2.
A hauler that is lawfully transporting construction and demolition debris in compliance with Section 14.06.08.010.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-2021)