Chapter 30.60
COMMERCIAL RECYCLING
Sections:
30.60.010 Purpose and declarations.
30.60.020 Participation in a recycling program.
30.60.030 Requirements for covered generators.
30.60.040 Ownership of recyclable materials.
30.60.050 Waivers from recycling requirements.
30.60.010 Purpose and declarations.
A. It is the intent and purpose of this chapter to promote recycling by: 1) requiring all covered generators in the City to keep recyclable materials separate from all other solid waste for recycling; 2) requiring all covered generators to provide signs and labeled containers for the storage and collection of recyclable materials; and 3) requiring all covered generators to either self-haul/back-haul or enter into a written service agreement for the collection and subsequent delivery of recyclable materials to a recycling facility.
B. It is further the purpose of this chapter to provide a mechanism to require the implementation of recycling programs for all covered generators within the City to thereby enable the City to meet and maintain the seventy-five (75%) percent waste diversion goal set forth in PRC Section 41780.01, and as may be amended. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.60.020 Participation in a recycling program.
A. All covered generators shall subscribe to, pay for, participate in, and cooperate with a recycling service provided by an authorized hauler that provides for the separate collection of recyclable materials and diverts all recyclable materials from landfill disposal pursuant to mandatory commercial recycling requirements included in 14 CCR 18837. Single-family residential properties managed by an association or other organization may be exempt from this section if they are participating in a residential curbside collection recycling program pursuant to EGMC Chapter 30.20.
B. In lieu of subscribing to a recycling program pursuant to subsection (A) of this section, covered generators may self-haul or back-haul recyclable materials pursuant to EGMC Section 30.40.060. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.60.030 Requirements for covered generators.
A. Each covered generator shall be responsible for ensuring and demonstrating its compliance with the following requirements:
1. Source-separate recyclable materials and place all materials in the designated recyclable materials container (the “blue container”);
2. Subscribe to and participate in a City authorized recycling service pursuant to EGMC Section 30.60.020; and
3. Enter into a written service agreement with an authorized hauler for the collection of recyclable materials; or complete and submit an alternative compliance form certifying that all self-hauling/back-hauling activities will be completed in accordance with the provisions of this chapter or any other applicable law or regulation. The written service agreement shall specify that recyclable materials generated at the covered generator’s site will be taken only to a recycling facility to be diverted and not to a landfill for disposal. A copy of the service agreement shall be made available to the Recycling and Waste Division upon request.
4. Compliance with all container, storage, signage, and labeling requirements specified in EGMC Chapter 30.40.
B. Each covered generator shall annually notify and instruct employees, customers, contractors, and tenants in writing of applicable source-separation requirements, including the requirement to source-separate recyclable materials, the location of all solid waste storage containers, and the rules governing their use. Covered generators shall provide this information to new tenants within fourteen (14) days of occupation of the premises. A copy of such instructions shall be provided to the Recycling and Waste Division upon request.
C. The service agreement, alternative compliance form, or other documents pertaining to this chapter, shall be available for inspection by the Recycling and Waste Division at the principal location of the covered generator during normal business hours.
D. Nothing in this chapter shall abridge the right of any covered generator, or any other person, to sell or exchange at fair market value its own recyclable materials, which are source separated for reuse and recycling.
E. No authorized hauler shall be held liable for the failure of its commercial customers to comply with such regulations.
F. No covered generator shall be liable for the failure of their authorized hauler to deliver recyclable materials to a recycling or processing facility.
G. After taking reasonable measures to inform tenants, who are covered generators, of recycling requirements and responsibilities, no property owner(s) or property manager(s) who are covered generators shall be cited for noncompliance with this chapter as a result of the failure of their rental property tenants to source separate recyclable materials from solid waste. Such reasonable measures may include, but are not limited to, lease agreement provisions requiring tenants to source separate recyclable materials and annual tenant education efforts, such as the distribution of informational flyers or handouts. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.60.040 Ownership of recyclable materials.
A. All recyclable materials placed in solid waste storage containers shall be considered owned by, and the responsibility of the authorized hauler. Without permission of the authorized hauler, no person or entity shall collect recyclable materials placed in storage containers by generators.
B. Except as authorized by EGMC Section 30.50.010(B), it shall be unlawful for any person to engage in the business of collecting, removing, or transporting, or to otherwise organize, direct or sponsor the collection, removal, or transportation of, recyclable materials who is not an authorized hauler. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.60.050 Waivers from recycling requirements.
A. A covered generator may apply for any of the following types of waivers from the recycling requirements included in this chapter. If the covered generator is also applying for a waiver from the organic waste recycling obligations required in EGMC Chapter 30.61, the applications may be combined into a single application.
1. Physical Space Waiver. The City may waive a covered generator’s obligations to comply with some or all of the recycling requirements of this chapter if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the recycling requirements of this chapter. A covered generator may request a physical space waiver through the following process:
a. Submit a written application specifying the type(s) of collection services for which they are requesting a compliance waiver;
b. Provide documentation to the City demonstrating that the premises lacks adequate space for blue containers including documentation from its hauler, licensed architect, or licensed engineer; and
c. Provide written verification to the City every five (5) years after the City has approved the physical space waiver demonstrating that the covered generator is still eligible for a physical space waiver.
2. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR 18984.11(a)(3), may allow a covered generator to arrange for the collection of their blue container, gray container, or both once (1) every fourteen (14) days, rather than once (1) per week.
B. An application for a waiver shall be submitted to the Recycling and Waste Division using the alternative compliance form. After reviewing the request, the Division shall either approve or disapprove the waiver request.
C. Notwithstanding any other provision herein, a covered generator shall not be required to source-separate recyclable materials if the covered generator demonstrates to the Recycling and Waste Division that there is no collection service or other system available for recycling such material.
D. Notwithstanding any other provision herein, a property owner or property manager that is a covered generator shall be exempt from the recycling requirements in this chapter if all of the generators on the owner’s property are exempt from, received a waiver for, or are not required to comply with the requirements of this chapter.
E. The following entities shall automatically be exempt from the requirements of this chapter: municipal corporations and other governmental agencies using their own vehicles and employees for the collection, transportation, or disposal of recyclable materials within the City. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]