Chapter 30.61 COMMERCIAL ORGANIC WASTE RECYCLING

Chapter 30.61
COMMERCIAL ORGANIC WASTE RECYCLING

Sections:

30.61.020 Participation in organic waste recycling programs.

30.61.030 Requirements for commercial generators.

30.61.050 Waivers from organic waste recycling requirements.

30.61.010 Purpose and declarations.

A. It is the intent and purpose of this chapter to promote organic waste recycling by: 1) requiring all commercial generators in the City to keep organic waste separate from all other solid waste for recovery and recycling; 2) requiring all commercial generators to provide signs and labeled containers for the storage and collection of organic waste; and 3) requiring all commercial generators to either self-haul/back-haul or enter into a written service agreement for the collection and subsequent delivery of organic waste to an organic material processing facility.

B. It is further the purpose of this chapter to provide a mechanism to require the implementation of organic waste recovery and recycling programs for all commercial 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]

30.61.020 Participation in organic waste recycling programs.

A. All commercial generators shall subscribe to, pay for, participate in, and cooperate with an organic waste recycling program provided by an authorized hauler that provides for the separate collection of organic waste and diverts all organic waste, except edible food, from landfill disposal pursuant to 14 CCR 18984.9 and 18984.10. 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 an organic waste recycling program pursuant to subsection (A) of this section, commercial generators may self-haul organic waste to an organic waste processing facility or back-haul organic waste to a consolidation or transfer site owned by the commercial generator, such as a distribution center. All self-haul/back-haul activities shall be completed in accordance with EGMC Section 30.40.060.

C. Nothing in this chapter shall prohibit a commercial generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR 18984.9(c). [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]

30.61.030 Requirements for commercial generators.

A. Each commercial generator shall be responsible for ensuring and demonstrating its compliance with the following requirements:

1. Source-separate organic waste and place all organic waste in the designated organic waste container (the “green container”);

a. Commercial generators that do not generate green waste or those that have a written agreement with a landscaping or gardening service that includes the collection and transportation of green waste, shall source-separate food waste and place all food waste in the designated food waste container (the “brown container”);

2. Subscribe to and participate in an organic waste recycling service pursuant to EGMC Section 30.61.020;

3. Enter into a written service agreement with an authorized hauler for the collection of organic waste; or complete and retain on site an alternative compliance form pursuant to EGMC Section 30.40.060. The written service agreement shall specify that organic waste generated at the commercial generator’s site will be taken only to an organic waste processing facility to be diverted and not to a landfill for disposal. A copy of the service agreement or alternative compliance form shall be made available to the Recycling and Waste Division upon request; and

4. Compliance with all container, storage, signage, and labeling requirements specified in EGMC Chapter 30.40.

B. Each commercial generator shall annually notify and instruct employees, customers, contractors, and tenants in writing of applicable source-separation requirements, including the requirement to source separate organic waste, the location of all solid waste storage containers, and the rules governing their use. Commercial 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 Division upon request.

C. The service agreement, self-haul/back-haul form, or other documents pertaining to this chapter, shall be available for inspection by the Division at the principal location of the commercial generator during normal business hours.

D. Nothing in this chapter shall abridge the right of any commercial generator to sell or exchange at fair market value its own organic waste that has been source separated for recovery and recycling.

E. Commercial generators that are also tier one or tier two commercial edible food generators shall comply with all applicable food recovery requirements pursuant to EGMC Chapter 30.62.

F. No authorized hauler shall be held liable for the failure of its customers to comply with such regulations unless the authorized hauler contributed in some manner to the customer’s failure to comply.

G. No commercial generator shall be liable for the failure of their authorized hauler to deliver organic waste to an organic waste processing facility unless the commercial generator contributed in some manner to their authorized hauler’s failure to comply.

H. After taking reasonable measures to inform tenants who are commercial generators of organic waste recycling requirements and responsibilities, no property owners or property managers who are commercial generators shall be cited for noncompliance with this chapter as a result of the failure of their rental property tenants to source separate organic waste from other solid waste. Such reasonable measures may include, but are not limited to, lease agreement provisions requiring tenants to source separate organic waste and annual tenant education efforts, such as the distribution of informational flyers or handouts. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]

30.61.040 Ownership of organic waste.

A. All organic waste 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 organic waste placed in storage containers by commercial generators.

B. Except as authorized by EGMC Section 30.50.010(B), it shall be unlawful for any person or entity to engage in the business of collecting, removing, or transporting, or to otherwise organize, direct or sponsor the collection, removal or transportation of organic waste who is not an authorized hauler. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]

30.61.050 Waivers from organic waste recycling requirements.

A. A commercial generator may apply for any of the following types of waivers from the organic waste recycling requirements included in this chapter. If the commercial generator is also applying for a waiver from the recycling obligations required in EGMC Chapter 30.60, the applications may be combined into a single application.

1. De Minimis Waivers. The City may waive a commercial generator’s obligation to comply with some or all of the organic waste requirements of this chapter if the commercial generator provides documentation that it generates below a certain amount of organic waste material as described in subsection (A)(1)(b) of this section. Commercial generators requesting a de minimis waiver shall:

a. Submit a written application specifying the services for which they are requesting a compliance waiver.

b. Provide documentation that either:

i. The commercial generator’s total solid waste collection service is two (2 yd3) cubic yards or more per week and organic waste generated comprises less than twenty (20) gallons per week of the generator’s total waste; or

ii. The commercial generator’s total solid waste collection service is less than two (2 yd3) cubic yards per week and organic waste generated comprises less than ten (10) gallons per week of the commercial generator’s total waste.

c. Notify the City if circumstances change such that the commercial generator’s organic waste exceeds the threshold required for a waiver, in which case the waiver will be rescinded.

d. Provide written verification of continuing eligibility to the City for the de minimis waiver every five (5) years after an approved de minimis waiver was issued by the City.

2. Physical Space Waivers. The City may waive a commercial generator’s obligations to comply with some or all of the organic waste collection service requirements 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 this chapter. A commercial 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 that the premises lacks adequate space for green or brown containers including documentation from its hauler, licensed architect, or licensed engineer.

c. Provide written verification to the City that it is still eligible for a physical space waiver every five (5) years after the issuance of a City-approved physical space waiver.

B. An application for a waiver shall be submitted to the Recycling and Waste Division on a form prescribed by the Division. After reviewing the request, the Division shall either approve or disapprove the waiver request.

C. Notwithstanding any other provision herein, a commercial generator shall not be required to source separate organic waste if the commercial 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 commercial generator shall be exempt from the requirements of this chapter if all of the commercial generators/tenants on the owner’s property are not required to comply with the provisions of this chapter or have received a waiver pursuant to this section. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]