Mission Viejo Municipal Code Div. 4 Collection

(a) To protect public health, safety and well-being, and to protect the city against the growth and spread of vectors, persons in charge of the day-to-day operation of each premises in the city shall make arrangements to have all solid waste generated or accumulated on the premises (other than construction and demolition debris) collected and removed not less frequently than once a week.

(b) Each solid waste collector shall collect the contents of each commercial bin (except construction bins) placed, located or maintained in the city by that solid waste collector not less frequently than one time per week.

(c) Subject to the requirements for minimum removals per week, set forth above, persons in charge of the day-to-day operation of commercial businesses and multi-family residential premises may specify the frequency of collection of solid waste from the premises and the size and number of commercial or multi-family residential bins required.

(d) In order to protect residents' quiet enjoyment of their residential premises, collection from residential premises, both single family and multifamily, shall not be made between the hours of 6:00 p.m. and 6:00 a.m. of any day. Collection from commercial businesses shall not be made between the hours of 6:00 p.m. and 6:00 a.m. Subject to the foregoing requirements, collections shall be made by arrangement between the person in charge of day-to-day operation of commercial businesses and multi-family residential premises and the solid waste collector.

(e) Solid waste collectors shall design their routes and times for collection in a manner which minimizes air pollution, traffic, noise and wear and tear on public and private streets and other problems with the potential to adversely affect public health, safety, or the environment and in a manner consistent with the city's traffic demand management plan.

(Ord. No. 96-155, § 1, 1-8-96; Ord. No. 21-340, § 2, 7-13-21)

Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements of this article:

(a) Shall subscribe to city's organic waste collection services for all organic waste generated as described below. The city shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, single-family generators shall adjust its service level for its collection services as requested by the city. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(b) Shall participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described in [section] 6.10.505(b)(1) below and shall not place prohibited container contaminants in collection containers.

(1) 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. Generators shall not place materials designated for the gray container into the green container or blue container.

(Ord. No. 21-340, § 2, 7-13-21)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(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 in this article. 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 article, participate in the city's organic waste collection service(s) by placing designated materials in designated containers as described below.

(1) 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.

(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with sections 6.10.510(d)(1) and 6.10.510(d)(2) below) for employees, contractors, tenants, and customers, consistent with 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 6.10.900.

(d) Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste 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 the 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 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(e) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in section 6.10.510(d) pursuant to 14 CCR Section 18984.9(b).

(f) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, 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 6.10.900.

(g) Excluding multi-family residential dwellings, 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 organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.

(i) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated 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 or its agent to their properties during all inspections conducted in accordance with section 6.10.645 of this article to confirm compliance with the requirements of this article.

(k) Accommodate and cooperate with the city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with section 6.10.510(b). The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.

(l) At commercial business's option and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the city or its designee.

(m) If a commercial business desires to self-haul, meet the self-hauler requirements in section 6.10.900 of this article.

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

(o) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 6.10.1200.

(Ord. No. 21-340, § 2, 7-13-21)

(a) De minimis waivers. The city may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste diversion requirements of this article if the commercial business provides documentation, or if the city has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in section 6.10.520(a)(2) below. If the city has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste material as described in section 6.10.520(a)(2), it may verify that the commercial businesses' organic waste generation meets the threshold without the receipt of a waiver application as described in section 6.10.520(a)(1). As part of the organic waste generation verification process, the city may request documentation from the commercial business as described in section 6.10.520(a)(2). Commercial businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in section 6.10.520(a)(2) below.

(2) Provide documentation that either:

a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or,

b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.

(3) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.

(b) Physical space waivers. The city may waive a commercial business' or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, the hauler, or evidence provided by a licensed architect or licensed engineer and verified by the city or hauler, demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of section 6.10.510.

A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.

(Ord. No. 21-340, § 2, 7-13-21)