8.20.030 Requirements of commercial businesses.

Generators that are commercial businesses, including multifamily complexes, shall:

(A) Subscribe to city's three-container collection services and comply with requirements of those services as described below in subsection B of this section, except commercial businesses that meet the self-hauler requirements in Section 8.20.080 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 required by the city.

(B) Except commercial businesses that meet the self-hauler requirements in Section 8.20.080 of this chapter, participate in the city's MSW, recycling and compostable collection service(s) by placing designated materials in designated containers as described below.

(1) Generators shall place source separated green container compostable material including food scraps and yard trimmings, in the green container; source separated recyclable materials in the blue container; and gray container MSW 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 (2) below) for employees, contractors, 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 self-haul program, in accordance with Section 8.20.080.

(D) Excluding multifamily complexes, provide containers for the collection of source separated green container compost materials 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:

(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 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 complexes are not required to comply with container placement requirements or labeling requirements in subsection D pursuant to 14 CCR Section 18984.9(b).

(F) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily complexes, prohibit employees from placing materials in a container not designated for those materials per the 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 self-haul program, in accordance with Section 8.20.080.

(G) Excluding multifamily complexes, periodically inspect blue containers, green containers, 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).

(H) Annually provide information to employees, contractors, tenants, and customers about compost material recovery requirements and about proper sorting of source separated green container compost materials and source separated blue cart recyclable materials.

(I) 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 compost material and source separated blue container recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(J) Provide or arrange access for the city, its agent or designee to their properties during all inspections conducted in accordance with Section 8.20.120 of this chapter to confirm compliance with the requirements of this chapter.

(K) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.20.080.

(L) Nothing in this section prohibits a generator from preventing or reducing MSW generation, managing compost materials on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Sections 8.20.050 and 8.20.060.