Chapter 30.40
COMMERCIAL GENERATOR REQUIREMENTS
Sections:
30.40.010 Mandatory service required.
30.40.020 General requirements.
30.40.040 Collection container requirements.
30.40.050 Storage container requirements.
30.40.051 Outdoor container storage.
30.40.052 Commercial solid waste storage, set-out, and discard.
30.40.060 Requirements for self-hauling or back-hauling.
30.40.010 Mandatory service required.
A. All commercial generators shall subscribe to, pay for, and participate in solid waste collection services from a commercial hauler authorized to collect solid waste pursuant to EGMC Chapter 30.50.
B. Commercial generators shall also subscribe to, pay for, and participate in collection services that divert recyclable materials and organic waste from landfills pursuant to EGMC Chapters 30.60 and 30.61.
C. Commercial generators that are also commercial edible food generators as defined in EGMC Section 30.10.010(C)(11) shall also comply with the edible food recovery requirements pursuant to EGMC Chapter 30.62. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.020 General requirements.
A. All commercial generators shall source separate all solid waste and place all garbage in the designated garbage container (the “gray container”); all recyclable materials into the designated recyclable materials container pursuant to EGMC Section 30.60.030; and all organic waste into the designated organic waste container pursuant to EGMC Section 30.61.030.
B. Commercial generators shall not place any prohibited container contaminants into collection containers. Edible food that may be recovered shall not be placed in any solid waste container.
C. Commercial generators are responsible for removal of all solid waste accumulated on their commercial premises and shall comply with 14 CCR 17331, as may be amended from time to time. A commercial generator shall remove solid waste from its premises at least once (1) each week, except that a commercial generator comprised of a restaurant, retail or wholesale market, food processing facility, hotel, motel, or other commercial establishment where food is sold, prepared, or served shall remove solid waste accumulated on its premises at least twice (2) each week, or more frequently if determined by the City.
D. A commercial generator shall subscribe to containers from an authorized hauler, or provide containers itself, in sufficient number, size, and collection frequency to contain all solid waste generated and accumulated on its commercial premises pending collection.
E. Except as otherwise provided for by law, all commercial generators shall provide access to, or arrange to provide access to, their property and/or collection containers during all inspections performed to determine compliance with this title and shall cooperate with the City or its designee during the course of any inspection. Failure to provide lawful access to, or to arrange for access to, the commercial generators property or solid waste containers may result in penalties pursuant to EGMC Section 30.10.100. Nothing in this section shall be construed to allow the City or its designee to enter the interior of a private residential property for inspection. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.030 Service exemptions.
Solid waste collection service for garbage is mandatory. A commercial generator may choose not to subscribe to commercial collection services from an authorized hauler for recyclables and/or organic waste; provided, that the commercial generator has completed, and the City has approved, an alternative compliance form and that commercial generator has submitted this form to their garbage hauler. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.040 Collection container requirements.
A. Each commercial generator shall supply and allow access to an adequate number, size, and location of solid waste collection containers for employees, contractors, tenants, and customers.
B. Each covered generator, excluding multifamily residential dwellings, shall provide containers for the collection and storage of recyclable materials and organic waste in all indoor and outdoor areas where garbage containers are provided for customers. Containers for recyclable materials and organic waste shall be located adjacent to garbage collection containers. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one (1) type of container, then the commercial generator does not have to provide that particular container.
C. Containers provided by commercial generators pursuant to subsections (A) and (B) of this section shall conform to the following requirements for color and marks/labels:
1. Containers shall comply with the following color requirements:
a. Garbage containers shall have a black or gray body and/or lid (the “gray container”);
b. Recyclable materials containers shall have a blue body and/or lid (the “blue container”);
c. Organic waste containers shall have a green body and/or lid (the “green container”); and
d. Food waste containers shall have a brown body and/or lid (the “brown container”).
e. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Containers shall be marked and/or labeled as follows:
a. Labels with text, graphic images, or both affixed to the container stating the primary material accepted and the primary materials prohibited in that container; or
b. Imprinted text or graphic images permanently placed on the container stating the primary materials accepted and primary materials prohibited in the container.
c. Pursuant to 14 CCR 18984.8, the container labeling requirements specified in this subsection are required on all new containers commencing January 1, 2022.
D. Every multifamily residential unit shall have separate containers for the storage of recyclable materials and organic waste provided by either the multifamily residential property owner or by the multifamily residential tenant as part of their rental agreement.
E. To the extent practical through education, training, inspection, and/or other measures, commercial generators shall prohibit employees from placing materials in a container not designated for those materials.
F. Commercial generators shall periodically inspect all solid waste collection containers including, without limitation, the gray containers, blue containers, brown containers, and green containers, for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to EGMC Section 30.40.020(B). [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.050 Storage container requirements.
A. Commercial generators shall store all solid waste generated or accumulated on its premises pending collection by an authorized hauler outdoors in a solid waste enclosure pursuant to EGMC Chapter 30.90. Solid waste shall be stored in one (1) of the following types of containers: 1) carts provided by the City’s franchised residential hauler; or 2) bins, dumpsters, compactors, roll-off containers, or other containers provided by the commercial generator or by an authorized hauler. All solid waste storage containers shall comply with the collection container color and labeling requirements specified in EGMC Section 30.40.040(C).
B. A commercial generator shall comply with 14 CCR 17315, as may be amended, and ensure that containers are nonabsorbent, watertight, vector-resistant, durable, and easily cleanable. Containers shall have plugs for drainage. The commercial generator shall mark its containers so that the address of the commercial generator is clearly marked in text at least three (3") inches high and plainly visible.
C. The City may review the number and size of a commercial generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of all waste. Commercial generators shall adjust the service level for its collection services as requested by the City and shall pay all applicable rates for those services provided by the authorized hauler. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.051 Outdoor container storage.
A. Storage Area. Pending collection and removal of solid waste, a commercial generator shall store solid waste storage containers in storage areas meeting the requirements of EGMC Chapter 30.90, unless directed otherwise by the City.
B. Solid waste storage containers shall not be placed or located in such a manner that blocks or impedes passage through an alley or through any doorway of any building adjoining an alley, even if such building may be abandoned or otherwise vacant or out of use.
C. Storage Area Monitoring. A commercial generator shall maintain supervision and surveillance over containers on its commercial premises to prevent scavenging and the accumulation of rubbish in and around the solid waste storage area.
D. Storage Area Design Requirements. A commercial generator with a new or remodeled commercial premises shall comply with the California Solid Waste Reuse and Recycling Access Act of 1991 and the City’s space allocation and enclosure design guidelines for trash and recycling pursuant to EGMC Chapter 30.90. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.052 Commercial solid waste storage, set-out, and discard.
A. A commercial generator shall keep containers fully closed (and other receptacles such as cans or bags tightly covered or securely tied) in order to prevent solid waste overflow, spills or litter that can cause odors and exposure of solid waste to insects, vermin, and other vectors; encourage foraging by domestic or wild animals; and otherwise create a nuisance or threat to public health and safety.
B. Container Cleaning and Maintenance. If the authorized hauler furnishes containers but is not responsible for maintaining them under terms and/or agreement between the hauler and a commercial generator, then the commercial generator shall clean the inside and outside of the hauler’s containers as necessary to maintain sanitary conditions and keep them free of graffiti, and to comply with 14 CCR 17314, as may be amended. If a commercial generator does not subscribe to solid waste collection service pursuant to EGMC Section 30.40.060, the commercial generator shall clean the inside and outside of its solid waste storage containers as necessary to maintain sanitary conditions and to keep them free of graffiti.
C. Commercial generators shall provide and empty tobacco waste receptacle(s), such as a cigarette urn or ashtray, in each area of its commercial premises where smoking is lawfully permitted.
D. Collection Set-Out Site. Unless a commercial generator arranges with an authorized hauler to provide manual roll-out or push services, a commercial generator shall set out its containers for collection at appropriate locations that will minimize traffic and prevent aesthetic or other collection issues for the general public. A commercial generator may not set out any container where the container will block driveways, be in the public right-of-way, or otherwise obstruct vehicular traffic.
E. Roll-Off Containers. Commercial generators may either:
1. Subscribe to temporary roll-off container service from an authorized hauler for a maximum of seven (7) days without a valid City-issued building permit; or
2. Subscribe to temporary roll-off container service from an authorized hauler for a longer period provided the commercial generator possesses a valid City-issued building permit; in such case the roll-off container shall be serviced, at a minimum, every fourteen (14) days.
3. Subscribe to permanent roll-off container service provided such use complies with all applicable provisions of the Zoning Code (EGMC Title 23), has been approved pursuant to EGMC Section 23.16.020 or EGMC Section 23.16.080, as applicable, and the roll-off container is serviced, at a minimum, every fourteen (14) days.
F. Discard Prohibitions.
1. Containerized. A commercial generator may discard solid waste at the set-out locations described in subsection (D) of this section only in containers. A commercial generator shall place all bagged solid waste inside containers.
2. Excluded Waste. A commercial generator may not commingle materials that are not solid waste (such as hazardous waste, medical waste, electronic waste, and universal waste) with solid waste discarded for collection or removal. A commercial generator shall securely bag or wrap airborne waste before discarding it.
3. Weight Limitations. A commercial generator may not fill containers in excess of the maximum weights and/or volumes prescribed by its hauler.
4. Prohibited Container Contaminants. No commercial generator may contaminate solid waste containers by placing prohibited container contaminants in any solid waste container. Garbage shall only be placed in the gray container, recyclable materials shall only be placed in the blue container, and organic waste shall only be placed in the green container except organic waste that may be placed in the blue container such as paper products or printing and writing papers or food waste that may be placed in a brown container in lieu of a green container. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.40.060 Requirements for self-hauling or back-hauling.
A. A commercial generator may haul or transport recyclable materials and/or organic waste generated on its premises rather than subscribing to recycling or organic waste collection service from an authorized hauler only if an owner, commercial generator, or employee of the entity completes this activity by utilizing a vehicle owned by either the owner, an employee, or the entity.
B. Any commercial generator engaged in self-hauling or back-hauling shall source separate all recyclable materials and organic waste from garbage pursuant to EGMC Section 30.40.020(A).
C. Recyclable materials that are self-hauled by a commercial generator shall only be transported to a recyclables processing facility, recycling center, CRV buy-back center, or other similar facility that ensures such material is diverted from landfill disposal. Organic waste that is self- or back-hauled by a commercial generator shall only be transported to a facility, operation, or property that processes or recovers organic waste or similar facility that ensures such material is diverted from landfill disposal. Recyclable materials and organic waste may be transported to a consolidation site such as a transfer station; provided, that it complies with the requirements of 14 CCR 17409.5.10. Recyclable materials and organic waste that are self- or back-hauled by a commercial generator shall only be transported to a destination that is owned and/or operated by the commercial generator using the commercial generator’s own vehicle.
D. A commercial generator that self- or back-hauls solid waste pursuant to subsections (A) through (C) of this section shall complete and submit to their garbage hauler an alternative compliance form provided by the City that certifies that all self- or back-hauling activities will be completed in accordance with the provisions of all applicable laws and regulations.
E. The alternative compliance form shall contain a written statement signed by the commercial generator certifying that the owner or commercial generator is in compliance with the requirements of EGMC Chapters 30.60, 30.61 and, if applicable, 30.62.
F. Self-Hauler/Back-Hauler Reporting Requirements. Self-haulers and back-haulers shall keep the following records on site and shall provide them to the City upon request:
1. The total amount of recyclable materials and organic waste generated, collected, and delivered to a facility, operation, or property pursuant to subsection (C) of this section (recorded either in cubic yards, pounds, or tons);
2. The name and location of all recycling facility(s), organic waste processing facility(s), and/or commercial generator-owned properties to which the recyclable materials and/or organic waste were taken during the year; and
3. All delivery receipts and/or weight tickets from the entity accepting waste.
G. The City Manager, or the City Manager’s designee, may restrict or prohibit self- or back-hauling by an owner and/or entity if the City Manager, or designee, determines, after providing thirty (30) days’ written notice and an opportunity for a hearing pursuant to EGMC Section 30.40.061, that the owner’s or entity’s self- or back-hauling activities violate the provisions of this title or any other applicable law or regulation. Such written notice shall be sent to the service location and/or the property owner of record via United States certified mail, return receipt requested.
H. Notwithstanding any other provision of this chapter, a generator receiving a written notice pursuant to subsection (G) of this section may appeal the decision of the City Manager pursuant to the appeals procedure set forth in EGMC Chapter 1.11. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]