Cudahy Municipal Code Art. IX Commercial/Industrial Collection

A commercial/industrial collector shall be responsible for the collection of refuse, organic and recyclable material generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this chapter. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling permit or collection agreement between the collector and the city. All refuse, organic and recyclable material collected by a commercial/industrial collector shall be the exclusive property of the collector. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-9.1. Formerly 8.12.540).

The commercial/industrial collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health, safety, or welfare. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-9.2. Formerly 8.12.550).

(1) Every commercial/industrial business owner served by a collector shall provide or arrange for solid waste collection services consistent with the city’s municipal code and for employees, contractors, and tenants.

(2) Except for responsible parties of multifamily establishments that meet the self-hauler requirements of the city’s municipal code, responsible parties of multifamily establishments shall provide one of the following collection programs:

(a) Subscribe to the city’s three-container collection services and comply with requirements of those services as described below, except commercial businesses that meet the self-hauler requirements of this code. 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 requested by the city.

(b) Except commercial businesses that meet the self-hauler requirements of this chapter, participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below:

(i) A three-container collection service (blue container, green container, and gray container).

(ii) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generator shall not place materials designated for the gray container into the green container or blue container.

(3) Every collector who provides any container or other equipment used for the storage of commercial/industrial solid waste or recyclable materials shall:

(a) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector’s business name and telephone number, in a color contrasting with the background color of the container; and

(b) Provide containers on casters or with hasps or locks upon request by a commercial/industrial business owner. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-9.3. Formerly 8.12.560).

Solid waste containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of litter. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s activities. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-9.4. Formerly 8.12.570).

Upon collection of solid waste or recyclable materials by the collector, all containers shall be replaced, upright, where found, with lids closed. No person, other than the owner thereof, shall in any manner break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-9.5. Formerly 8.12.580).

Nothing in this section prohibits a responsible party or a generator of a commercial/industrial/institutional/multifamily establishment from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (Ord. 716 § 2, 2021).

Responsible parties of commercial establishments that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Article XI of this chapter. (Ord. 716 § 2, 2021).

If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the collector is unable to perform the collection in the normal course of business, or where unusual quantities or special types of solid waste or recyclable materials are to be collected and disposed of, or where special methods of handling are required, or where more than three containers are required, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the commercial/industrial business owner and the collector do not agree as to the methods for the service provided for in this article, the city manager shall determine the method of service. If the collector is unable or unwilling to provide such service, the city manager may authorize the commercial/industrial business owner to use another solid waste enterprise for such special service until the collector can provide such service. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-9.7. Formerly 8.12.600).