Sacramento Municipal Code Art. III Generators

A. It is the purpose and intent of this article to ensure the proper management of solid waste, recyclable material, organic material, and bulky items generated at businesses, non-residential properties, and multi-family residential properties in the city.

B. It is the further purpose and intent of this article to provide a mechanism for the implementation of recycling programs for businesses, non-residential properties, and multi-family residential properties within the city and thereby enable the city to meet and maintain the solid waste diversion requirements set forth in the California Public Resources Code section 41780(a)(2), by:

1. Requiring businesses, non-residential properties, and multi-family residential properties in the city to keep recyclable materials and organic material separate from solid waste for recycling;

2. Requiring businesses, non-residential properties, and multi-family residential properties to provide for the collection of recyclable materials and organic materials; and

3. Requiring businesses, non-residential properties, and multi-family residential properties to inform their employees, tenants, and residents concerning all recycling requirements.

C. It is also the purpose and intent of this article to provide for the uniform regulation of business, non-residential property, and multi-family residential property recycling and for the collection of recyclable materials and organic materials in the city. (Ord. 2023-0024 § 61; Ord. 2021-0003 § 15)

A. Each business or non-residential property must ensure and demonstrate compliance with the requirements of this chapter and must:

1. Enter into a written service agreement with a franchised waste hauler for solid waste collection on, at minimum, a weekly basis;

2. Subscribe to a service for removal of large bulky items, as needed;

3. Source separate recyclable materials from solid waste and subscribe to the minimum level of recycling collection service as required in this chapter, which at a minimum must be on a monthly basis;

4. Source separate organic materials from solid waste and subscribe to the minimum service level of organic material collection service as required in this chapter, which at a minimum must be on a weekly basis; and

5. Place recycling and organic material containers in a location or locations that are as convenient for the tenants as the location of the solid waste containers.

B. In lieu of complying with sections 13.24.510.A.3 and 13.24.510.A.4 above, each business or non-residential property (the party contracting for solid waste removal service, owners or generators) may submit an alternative service activity form to the solid waste manager certifying that all alternative service activities will be completed in accordance with the provisions of this chapter and any other applicable laws or regulations. The solid waste manager will return a copy of the approved alternative service activity form to the applicant. Upon request, an applicant shall make available a copy of the form to the solid waste manager within 10 business days.

C. Each business and non-residential property must provide recyclable and organic material containers, to be used by generators, in maintenance or work areas where recyclable or organic materials may be collected or stored. Containers shall either be labeled with the primary materials accepted and prohibited, or conform with the following container color requirements: blue for recyclable materials, green for organic materials, and gray for garbage.

D. Each business and non-residential property must prominently post and maintain one or more signs in maintenance or work areas where recyclable or organic materials are collected or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.

E. At least annually, each business and non-residential property must notify employees, contractors, and tenants, in writing, of applicable source separation requirements, including what materials are required to be source separated and how to source separate such materials. A copy of such notice must be provided to the solid waste manager within 10 business days upon request.

F. Each business and non-residential property must ensure that recyclable and organic materials generated at their site will be taken only to a recycling facility and not to a landfill.

G. The service agreement or other recycling documents must be made available to the solid waste manager within 10 business days upon request.

H. Nothing in this section abridges the right of any business and non-residential property, owner, or 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.

I. No franchised waste haulers are liable for the failure of its customers to comply with such regulations.

J. Within 14 days of occupying the premises, each business and non-residential property must provide new tenants with information about source-separation requirements of recyclable and organic materials, and locations, and rules governing the use of containers and provide information on an annual basis to existing tenants. Proof of compliance with this section shall be provided to the city upon request.

K. The owner or operator of a business or non-residential property that uses the services of a broker remains responsible for complying with the provisions of this chapter.

L. All waste materials generated on site must be removed from the property in accordance with the customer service agreement and at the minimum levels of service specified in this section.

M. All operating businesses and non-residential properties will be deemed non-compliant with this section if one or more required waste collection services is suspended, paused, or on inactive status. (Ord. 2026-0003 § 15; Ord. 2023-0024 § 63; Ord. 2021-0031 § 10; Ord. 2021-0003 § 15)

A. Each multi-family residential property must ensure and demonstrate compliance with the requirements of this chapter and must:

1. Enter into a written service agreement with a franchised waste hauler for solid waste collection on, at minimum, a weekly basis;

2. Source separate recyclable materials from solid waste and subscribe to a recycling collection service as required in this chapter, which service must occur no less than once per month;

3. Source separate organic material from solid waste and subscribe to an organic collection service that must occur no less than once per week;

4. Place recyclable material containers and organic material containers in a location or locations that are at least as convenient for the tenants as the location of the solid waste containers;

5. Place recyclable material containers and organic material containers in lobbies, patio areas, or other common areas where recyclables or organic materials may be collected and stored;

6. Ensure containers are either labeled with primary materials accepted and prohibited, or conform to the following container color requirements: blue for recyclable materials, green for organic materials, and gray for garbage; and

7. Subscribe to a service for removal of bulky waste such as tenants' furniture and household belongings, as needed, but at a minimum of once every twelve months.

B. In lieu of compliance with sections 13.24.520.A.2 through 13.24.520.A.4, any multi-family residential property may complete and submit an alternative service activity form to the solid waste manager certifying that all alternative service activities will be completed in accordance with the provisions of this chapter and any other applicable laws or regulations. The solid waste manager will return a copy of the alternative service activity form to the applicant. Upon request, an applicant shall make available a copy of the form to the solid waste manager within 10 business days.

C. At least annually, each multi-family residential property shall notify employees, contractors, tenants, and residents, in writing, of recycling requirements, including what materials are required to be recycled and how to keep recyclable materials and organic material out of solid waste containers such as dumpsters, carts or roll off bins. A copy of such notice shall be provided to the solid waste manager within 10 business days upon request.

D. Each multi-family residential property shall ensure that recyclable materials and organic material generated at their site will be taken only to a recycling facility and not to a landfill for proper disposal.

E. The customer service agreement or other recycling documents shall be made available within 10 days upon request of the solid waste manager.

F. Nothing in this section abridges the right of any multi-family residential property, or any tenant, to sell or exchange at fair market value its own recyclable materials which are source separated for reuse and recycling.

G. No franchised waste haulers are held liable for the failure of its multi-family customers to comply with such regulations.

H. After taking reasonable measures to inform tenants of recycling requirements and tenant responsibilities, no multi-family residential property shall be cited for non-compliance with this section as a result of the failure of its rental property tenants to source separate designated 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 periodic tenant education efforts such as the distribution of information flyers or handouts.

I. Within 14 days of occupying the premises, each multi-family residential property must provide new tenants with information about source-separation requirements of recyclable and organic materials, and locations, and rules governing the use of containers and provide information on an annual basis to existing tenants.

J. The city may request copies of any educational outreach material provided to tenants and proof that the materials were distributed to tenants. Proof of compliance with this section shall be provided to the city upon request within 10 business days.

K. An owner or operator of a multi-family residential property that uses the services of a broker remains responsible for complying with the provisions of this chapter.

L. All waste materials generated on site must be removed from the property in accordance with the customer service agreement and at the minimum levels of service specified in this section.

M. All occupied multi-family residential properties will be deemed non-compliant with this section if one or more required waste collection services is suspended, paused, or on inactive status. (Ord. 2026-0003 § 16; Ord. 2023-0024 § 64; Ord. 2021-0031 § 11 ; Ord. 2021-0003 § 15)

A. Each property subscribing to commercial waste collection services must store waste material containers within a structure on the property, within a trash enclosure on the property, or as close as feasible to the property in an adjacent alley.

B. For properties without an enclosure or access to an alley, containers shall be placed out of view from any street, sidewalk, or other public right-of-way. If it is not feasible to store containers out of view, storage of containers immediately adjacent to a commercial building shall satisfy the requirements of this section.

C. All waste material containers must be water-tight, have tightly fitted covers, and must not leak or allow odors to escape. The solid waste manager may require special container equipment or container labeling with customer-identifying information, in designated areas.

D. Notwithstanding the requirements of this section, generators are not required to set out or store recyclable or organic material containers together with solid waste containers. Generators may appropriately store recyclable or organic material containers for collection separate from solid waste containers.

E. A business or generator shall ensure waste material containers are of sufficient size and are serviced with adequate frequency to meet the solid waste, recyclable materials, and organic material generation demands of the premises as set forth in this chapter.

F. Collection service received or provided in the city is subject to the following additional requirements:

1. All containers and bins must be equipped with locks and must remain locked at all times, except when solid waste, recyclable materials, or organic materials are being deposited or collected in accordance with the provisions of this chapter;

2. No container, bin, or cart may be placed or located in a manner that blocks or impedes a vehicle from passing through the alley or a person from passing through a doorway of any building adjoining the alley; and

3. Containers, whether located on private property or in the public right-of-way, including alleys, must be kept free from overflowing waste material that impedes passage on a public right-of-way or that creates a hazard to public health, safety, or welfare.

G. Containers placed in the public right-of-way for collection must be placed no earlier than twelve hours before the scheduled time of collection and must be removed within 6 hours after collection. This subsection does not apply to containers that are permanently stored in an alley.

H. Compliance with the requirements of this section is the sole responsibility of the business or generator unless otherwise stated.

I. A franchised waste hauler is responsible for obtaining all required permits or other approvals from the city when there is no space available on the property or in an alley to store a container.

J. Exceptions to this section may be approved by the solid waste manager. (Ord. 2026-0003 § 18; Ord. 2023-0024 § 66; Ord. 2021-0003 § 15)

The solid waste manager must designate recyclable materials that must be source separated by generators. Such a designation shall consider materials market conditions and the availability of a cost-effective system for recycling such materials. (Ord. 2021-0003 § 15)

A. All recyclable materials placed in automatic lift containers, bins, carts, or roll off bins for recyclable materials provided by any franchised waste hauler sufficient to accommodate the quantity and types of recyclable materials of businesses or non-residential properties, and multi-family residential properties are considered owned by and be the responsibility of the franchised waste hauler. Without permission of the franchised waste hauler, no person shall collect recycling materials placed in automatic lift containers, bins, carts, or roll off bins for recyclable materials by customers.

B. All recyclable materials placed in recyclable materials containers provided by businesses, non-residential properties, multi-family residential properties are considered owned by and be the responsibility of that business, non-residential property, or multi-family residential property. (Ord. 2021-0003 § 15)

Containers may be collected within residential areas or within mixed residential and commercial areas of the city only between the hours of 6:00 a.m. and 8:00 p.m. of the same day, and elsewhere within the city only between the hours of 4:00 a.m. and 8:00 p.m. of the same day. The solid waste manager may further restrict the hours of collection of commercial waste materials by franchised waste haulers in designated areas or through the terms of a franchise agreement. A franchised waste hauler collecting containers in violation of this section is subject to an enforcement action and remedies available under this chapter. (Ord. 2023-0024 § 67; Ord. 2021-0003 § 15)13.24.560

A. A franchised waste hauler shall not provide a customer with services before the customer signs a customer service agreement. If the customer service agreement is between a franchisee and a broker, the broker's signature is not required before commencement of services.

B. Every service agreement must comply with the following:

1. Be clearly labeled as a service agreement.

2. Clearly describe the services to be provided by the franchised waste hauler and the cost for providing such services to the customer.

3. Clearly state the dates of the initial term and renewal terms.

4. Allow for any term that is mutually agreed to by the customer and the franchised waste hauler but recognizing that the hauler's franchise must remain in full force and effect throughout the term of the agreement.

5. Automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by mail or email at least 30 days prior to termination date of the current agreement.

6. Amended as mutually agreed upon in writing by the customer and franchised waste hauler.

7. Customers are to receive written notice of price increases not less than 30 days prior to the effective date of such price increase.

8. Franchisees shall respond to all customer inquiries regarding service issues including, but not limited to, disruptions, changes to service level, cancelation, and billing within five business days. Customer inquiries can be made by phone, mail, or email.

9. Collection containers will be removed from the property of a customer within five business days of final termination of services to the customer.

10. Not require customers to pay over three months liquidated damages during the renewal term and over six months liquidated damages during the initial term of the service agreement.

11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling services or organic material collection services as a condition of a customer service agreement unless the customer affirmatively indicates that is its desire.

12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.

13. Franchises must be in full force and effect for the service agreement to be effective.

14. Allow for additional collection services or increased charges for services due to changes in regulations.

15. Allow for customers to send written cancelation at any time during the term of the service agreement; however, the written notice must be provided at least 30 days in advance of the termination date of the current agreement for the customer to avoid being assessed liquidated damages.

C. National contracts or agreements are exempt from the requirements of contract length and renewal terms.

D. A franchised waste hauler shall provide the services described in the customer service agreement.

1. Charges for a specific service shall not begin until the container necessary for that service is delivered to the customer's site. Service deposits for new customers are allowable as a one-time, upfront cost prior to the beginning of collection charges.

2. If a franchised waste hauler does not provide services as described in the customer service agreement, a customer may terminate the service agreement.

E. All new or renewed customer service agreements entered into following the adoption of this chapter must meet all requirements contained in this chapter. Within 180 days after adoption of this chapter all customer service agreements must meet the requirements of this chapter.

F. A franchisee who only collects construction and demolition debris, as that term is defined in chapter 13.10, is not required to comply with the provisions of this section. (Ord. 2026-0003 § 19; Ord. 2023-0024 § 68; Ord. 2021-0003 § 15)

A. A business or generator may use an alternative service activity for the collection of recyclables or organic material generated and collected at its premises and delivered to a recycling facility, subject to the requirements of this section.

B. Use of an alternative service activity must be approved by the solid waste manager. A business or generator may request approval of an alternative service activity using a form provided by the solid waste manager, along with records that support the use of an alternative service activity as described in the form.

C. An approved applicant shall keep records of all alternative service activities on-site for verification. Upon request by the solid waste manager or designee, all records shall be made available for inspection.

D. Records include, at a minimum, copies of service agreements; records of the amounts and types of recyclables or organic material collected; identification of the recycling facilities to which recyclables or organic material were delivered; evidence that all parties agree to sharing a container, along with a copy of the recyclables or organics material collection service contract; receipts showing recyclables or organic material are being collected and recycled consistent with this chapter, including rules and regulations set forth in section 13.24.030, and applicable state requirements.

E. The solid waste manager's approval of the use of alternative service activities may be revoked at any time and for any reason, including for failure to comply with subsection C.

F. All properties approved for an alternative service activity are subject to an on-site inspection at least once every five years. (Ord. 2026-0003 § 20; Ord. 2023-0024 § 69; Ord. 2021-0003 § 15)

A. Recycling volume requirement. Recycling services shall be provided and maintained at service levels that are sufficient for a specific property with the levels in the table below unless adjusted by the solid waste manager. The solid waste manager may adjust the type, size of a container, number of containers, or frequency of service at a specific property to meet the needs of materials generated.

B. Organics recycling volume requirement. Organics recycling services shall be provided and maintained at service levels that are sufficient for a specific property with the levels in the table below unless adjusted by the solid waste manager. The solid waste manager may adjust the type, size, number, or frequency of service at a specific property to meet the needs of materials generated.

(Ord. 2023-0024 § 70; Ord. 2021-0003 § 15)13.24.600

A. Beginning January 1, 2022, all waste generators, franchisees, and waste management facilities are required to comply with regulations promulgated by CalRecycle pursuant to Senate Bill 1383 (Chapter 395, Statutes of 2016), portions of which are codified in Public Resources Code sections 42652 through 42654. Senate Bill 1383 regulations establish that diversion of organic material from landfill disposal is mandatory by state law.

B. Such regulations are set forth in Title 14, Division 7, Chapter 12 - Short-lived Climate Pollutants (new); and in Title 14, Division 7 Chapters 3, 3.1, 3.2, 5, and 9; and in Title 27, Division 2, Chapters 2 through 4 of the California Code of Regulations. Failure to comply with these regulations constitutes a violation of this chapter, the inclusion of which in this chapter is required by the state law. Penalties for non-compliance are set forth in section 18997.2 of the California Code of Regulations.

C. Provisions prescribing mandates for generators are generally found in Title 14, Division 7, Chapter 12, articles 5 and 13, with enforcement provisions in articles 14 and 16, of the California Code of Regulations.

D. Provisions prescribing mandates for waste material collectors are generally found in Title 14, Division 7, Chapter 12, articles 3, 4, 7, and 13, with enforcement provisions in articles 14 and 16, of the California Code of Regulations.

E. Beginning on January 1, 2022 a violation of the abovementioned state law is a violation of this chapter. (Ord. 2021-0003 § 15)

A. The city may waive the obligation of a business, non-residential property, or multi-family residential property to comply with some or all of the organic waste requirements of this chapter if the business, non-residential property, or multi-family residential property provides documentation that is acceptable to the solid waste manager demonstrating that:

1. The total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container as specified in section 18984.1(a) of title 14 of the California Code of Regulations comprises less than 20 gallons per week per applicable container of the total waste.

2. The total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container as specified in section 18984.1(a) of title 14 of the California Code of Regulations comprises less than 10 gallons per week per applicable container of the total waste.

B. Notwithstanding any other provision of this chapter, a business, non-residential property, or multi-family residential property shall not be required to source separate recyclable materials and organic material if that business, non-residential property, or multi-family residential property demonstrates to the solid waste manager, that there is no collection service or other system available for recycling such material.

C. Businesses, non-residential properties, and multi-family residential properties may be exempted by the solid waste manager if it is determined, through a site visit requested by the business, non-residential property, or multi-family residential property, that:

1. There is not adequate storage space for automatic lift containers, bins, carts, or roll off bins for recyclable materials or organic materials on site and that it is infeasible for the business, non-residential property, or multi-family residential property to share automatic lift containers, bins, carts, or roll off bins for recyclable materials with another business, non-residential property, or multi-family residential property on an adjoining property; or

2. Compliance with this chapter results in a violation of the planning and development code related to the minimum number of required parking spaces.

D. An application for an exemption shall be submitted to the solid waste manager, on a form prescribed by the solid waste manager. After reviewing the request, the solid waste manager shall either approve or disapprove the exemption request.

E. All properties receiving an exemption are subject to an on-site inspection at least once every five years. (Ord. 2026-0003 § 22; Ord. 2023-0024 § 71 ; Ord. 2021-0003 § 15)

A. No person shall fail to separate recyclable materials, organic materials, and other solid waste from each other.

B. It is the responsibility of the business, non-residential property, multi-family residential property, owner, or generator, whose solid waste was not removed because it contained recyclables or organics, to properly separate recyclables and organics from the uncollected solid waste for proper collection. No person shall allow such unseparated solid waste to accumulate.

C. Subsections A and B do not apply if a person has obtained an exemption from the solid waste manager for recycling or organics standards as set forth in this chapter. (Ord. 2023-0024 § 72; Ord. 2021-0003 § 15)