Article VII — RECYCLING REQUIRED FOR RESIDENTIAL AND COMMERCIAL

(a) Owners, occupants, or operators of single-family, multi-family, and commercial premises, unless exempted in subsection (b) below or by waivers granted pursuant to this chapter, are subject to the requirements specified by this section.

(b) The following persons are exempt from the requirements of this section under the conditions specified:

(1) Exemptions in densely-populated areas: Until September 30, 2021, owners, occupants, or operators of multi-family

and commercial premises in densely-populated areas that generate less than two (2) cubic yards of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) are exempt from the requirements in article VII of this chapter related to designated organic materials, provided that such organic materials are stored and disposed of in accordance with applicable law or regulations, with the exception that multi-family premises are not exempt from designated organic materials requirements for green materials. Commencing October 1, 2021, owners, occupants, or operators of multi-family and commercial premises in densely-populated areas shall not be exempt from the requirements of article VII of this chapter.

(2) Exemptions in sparsely-populated areas:

(i) Owners, occupants, or operators of all single-family premises and all multi-family premises in the sparsely-

populated areas are exempt from the requirements in article VII of this chapter related to designated organic materials for food waste, provided food waste is stored and disposed of in accordance with applicable law or regulations. Owners, occupants, or operators of all single-family premises and multi-family premises in the sparsely-populated areas are not exempt from the requirements in Article VII of this chapter related to designated organic materials for green materials.

(ii) Owners, occupants, or operators of commercial premises in sparsely-populated areas that generate less than two

(2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) are exempt from the requirements in Article VII of this chapter related to designated organic materials, provided that such organic materials are stored and disposed of in accordance with applicable law or regulations.

(c) The owner, occupant, or operator of a premises subject to subsection (a) above shall: (1) source separate and store designated recyclable materials and designated organic materials separately from solid waste; and, (2) source separate and store designated recyclable materials and designated organic materials separately from each other.

(d) The owner, occupant, or operator of a premises subject to subsection (a) above shall arrange for recycling or processing of the designated recyclable materials and designated organic materials through one or more of the following methods:

(1) Subscribing to a three-stream collection system that includes designated recyclable materials and designated

organic materials collection services through a collector or CRMC and solid waste collection services through a collector; and/or,

(2) Self-hauling the designated recyclable materials, designated organic materials, and/or solid waste in accordance

with section 68.572 of this chapter.

(3) If a collector offers a collection program approved by the Director that relies on use of a two-stream organic waste

collection system pursuant to 14 CCR section 18984.2, the owner, occupant, or operator of a premises may comply with the requirements of this Article VII by subscribing to the two-stream organic waste collection system and source separating recyclable materials, organic materials, and solid waste, as applicable, in accordance with the Director's requirements for such systems.

(e) If the owner, occupant, or operator of a premises subscribes to a collector's or CRMC's collection services to arrange for recycling or processing of designated recyclable materials and/or designated organic materials and/or disposal of solid waste, the owner, occupant, or operator shall comply with the requirements specified in section 68.571 of this chapter.

(f) If the owner, occupant, or operator of a premises self-hauls discarded materials, the owner, occupant, or operator shall comply with the requirements specified in section 68.572 of this chapter.

(g) If the owner, occupant, or operator of a premises manages designated organic materials on its premises to comply with organic waste recycling requirements, it shall use composting method(s) or other on-site management practices that are consistent with applicable laws or regulations that do not create a public nuisance because of odors or other offensive conditions.

(h) If an owner, occupant, or operator of a commercial or multi-family premises meets waiver criteria in sections68.575 of this chapter, the owner, occupant, or operator may apply for a waiver as described in section 68.575 of this chapter to be excused from some or all designated recyclable materials and designated organic materials recycling requirements of this chapter.

(i) No owner, occupant, or operator of a premises shall dispose of or arrange for disposal of designated recyclable materials or designated organic materials.

(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; amended by Ord. No. 8089 (N.S.), § 1, effective 7-16-92; Section 1 of Ord. No. 8089 (N.S.) repealed by Ord. No. 8100 (N.S.), effective 7- 1-92; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) An owner, occupant, or operator of a single-family, multi-family, or commercial premises receiving any type of discarded materials collection service from collectors or CRMCs in the unincorporated area of the County shall comply with the following requirements for discarded materials collection, except those that meet the self-hauler requirements in section 68.572 of this chapter:

(1) For premises in densely-populated areas, subscribe to a three-stream collection service for collection of all

discarded materials as described below unless exempted pursuant to section 68.570(b) or unless waiver(s) is(are) granted pursuant to section 68.575. The Director shall have the right to review the number, size, and frequency of collection of containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and may direct the owner, occupant, or operator of premises to adjust the number of containers, container sizes, or frequency of collection to ensure proper separation, storage, and disposal or recycling of materials.

(2) For premises in densely-populated areas, subscribe to and participate in the collector's and/or CRMC's collection

service(s) by using a three-stream collection service and placing discarded materials in designated containers as follows:

(i) Place source separated designated organic materials in the organic materials container(s).

(ii) Place source separated designated recyclable materials in the recyclable materials container.

(iii) Place other discarded materials in the solid waste container.

(iv) If collector or CRMC provides additional containers or containers with split compartments for source separation

and storage of food waste or other materials for the purposes of collection, collector's or CRMC's instructions regarding source separation of discarded materials and placement of materials in the proper containers shall be followed.

(v) Pursuant to section 68.570(d), an owner, occupant, or operator may use a two-stream collection system if such

system is available.

(3) For multi-family and commercial premises in sparsely-populated areas that generate two (2) cubic yards or more of

total solid waste, recyclable materials, and organic materials per week, owner, occupant, or operator of such premises shall comply with requirements of subsections (a)(1) and (a)(2) above, except those that meet the self-hauler requirements in section 68.572 of this chapter.

(4) For single-family premises in sparsely-populated areas and multi-family and commercial premises in sparsely- populated areas that generate less than two (2) cubic yards of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State), subscribe to and participate in collector's and/or CRMC's collection service(s) for one or more materials such as recyclable materials, organic materials, or solid waste and follow collector's or CRMC's instructions regarding source separation of discarded materials and placement of materials in the proper containers, except those that meet the self-hauler requirements in section 68.572 of this chapter.

(b) The owner, occupant, or operator of a residential or commercial premises shall only deposit designated recyclable material and designated organic materials in a container(s) that is intended to receive the designated organic materials and designated recyclable materials for collection. If a bottle, jar, jug, or can is made of designated recyclable material and such container has previously contained oil, antifreeze, household cleaner, or other similar material, no person shall deposit the bottle, jar, jug, or can in a container intended for designated recyclable materials until the bottle, jar, jug, or can has been completely emptied.

(c) Nothing in this chapter prohibits an owner, occupant, or operator from preventing or reducing their organic waste, managing organic waste on site, or delivering organic waste to an organic waste processing facility that processes organic waste in accordance with applicable law. Owners, occupants, or operators may manage their organic materials on site provided they apply for and obtain an on-site organics management waiver as described in section 68.575 of this chapter.

(d) The owner, occupant, or operator of a construction and/or demolition site shall only deposit designated C&D recyclable materials in a container(s) that is intended to receive designated C&D recyclable materials for collection. For the purpose of this section, designated C&D recyclable materials are any of the following materials: asphalt, concrete, dirt, land clearing vegetation, sand, gravel, rock, metal, wood, green materials, mixed paper, cardboard, and other recyclable materials generated at construction and demolition sites. For the purposes of this section, "green materials" means any material related to land development such as yard trimmings, trees, brush, and construction and demolition wood waste and does not include food material, bio-solids, wood containing lead-based paint or wood preservatives, mixed construction debris, or mixed demolition debris.

(e) An owner, occupant, or operator shall use collector-provided or CRMC-provided containers of adequate size and in sufficient numbers to contain without overflowing all the discarded materials that the person's household or premises generates within the designated removal period. Owners, occupants and operators shall also comply with discarded materials storage requirements in section 68.522.

(f) An owner, occupant, or operator using plastic or paper bags as containers for collection service shall tie, seal or otherwise securely fasten all bags set out for collection.

(g) An owner, occupant, or operator receiving collection service shall not place containers in a manner that impedes access to neighboring driveways, mailboxes, utilities, or easements.

(h) No owner, occupant, or operator shall place, deposit, or allow any containers to remain on a street, curb, sidewalk, or any other place in a public or private right of way before 6:00 p.m. of the day prior to the regular day for collection by a collector or CRMC, or after 12:00 p.m. on the day following collection day. Owners, occupants, and operators shall place their containers in a location immediately adjacent to and bordering their premises unless otherwise arranged by collector or CRMC and approved by Director.

(i) A violation of this section shall be charged as an infraction, except that an owner, occupant, or operator convicted of two or more violations of this section in a one-year period may, at the discretion of the prosecutor, be charged with a misdemeanor.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Self-haulers who self-haul designated recyclable materials, organic materials, solid waste, or any combination thereof shall comply with the following requirements:

(a) Self-haulers shall handle discarded materials by source separation of materials into three or more streams in the following manner:

(1) If self-hauling designated recyclable materials, the owner, occupant, or operator of the premises shall source

separate and transport all designated recyclable materials to a recycling, reuse, salvage, and/or processing facility for the purpose of recycling, reuse, or salvage, or shall source separate and transport the designated recyclable materials to a transfer facility if the operator of such facility delivers the materials to a recycling, reuse, salvage, and/or processing facility for the purpose of recycling, reuse, or salvage.

(2) If self-hauling designated organic materials, the owner, occupant, or operator of premises shall source separate and

transport all designated organic materials to a facility, operation, or property that recovers source separated organic waste in a manner consistent with 14 CCR section 18984.1, or shall source separate and transport the designated organic materials to a transfer facility if the operator of such facility delivers the materials to a facility, operation, or property that recovers source separated organic waste in a manner consistent with 14 CCR section 18984.1.

(3) If self-hauling solid waste, the owner, occupant, or operator of premises shall source separate solid waste from

designated recyclable materials and designated organic materials and transport all solid waste to a landfill for disposal, or shall transport all solid waste to a transfer facility if the operator of such facility delivers the materials to a landfill for disposal.

(b) As an option to three-stream system for source separation of designated recyclable materials, designated organic materials, and solid waste described in section 68.571, self-hauler may source separate discarded materials into two streams of materials consistent with 14 CCR section 18984.2 and transport the two streams of discarded materials to facilities, operations, or activities that process or recover those materials in accordance with 14 CCR section 18984.2.

(1) Owner, occupant, or operator of any multi-family or commercial premises or of any single-family premises that

generates one cubic yard or more per week of discarded materials shall register with the County as a self-hauler.

(2) For a self-hauler that is an owner, occupant, or operator of any multi-family premises or commercial premises or of any single-family premises that generates one cubic yard or more per week of discarded materials, maintain an annual log documenting the types and quantities of discarded materials generated and delivered to recycling facilities, organic waste facilities, solid waste facilities, salvage operations, or other locations. The annual log shall be maintained in a form or format as prescribed by the Director for the preceding fiscal year July 1 through June 30. Annual logs shall be stored for a period of three (3) years at the place of business the unincorporated areas of the county for multi-family and commercial premises and at the place of residence in unincorporated areas of county for single-family premises and shall be made available to County inspector upon request. At a minimum, the annual log shall include the following:

(i) Delivery receipts and weight tickets from the entity accepting designated recyclable materials, designated organic

materials, and solid waste;

(ii) The amount of material in cubic yards or tons transported by the owner, occupant, or operator to each entity; and,

(iii) If the material is transported to an entity that does not have scales to weigh the materials on-site or employs

scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of the materials delivered to the facility, the self-hauler is not required to record the weight of material, but shall keep an invoice from facility estimating weight or volume from the facility that received the designated recyclable materials, designated organic materials, and solid waste.

(c) The owner, occupant, or operator of construction and demolition projects shall comply with requirements specified in Article II of this chapter.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Multi-family owners or operators shall comply with the following requirements:

(1) Subscribe to discarded materials collection services or self-haul in accordance with sections68.570, 68.571, and

68.572 of this chapter.

(2) Multi-family premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and

organic materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

(3) Owner or operator of a multi-family premises, with the consent of the collector or CRMC if owner or operator of the

multi-family premises requires modification or alteration of any containers and subject to any required approval from the County, may implement a remote monitoring program for inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.

(b) Multi-family premises in densely-populated areas shall comply with the following:

(1) Achieve a minimum diversion service level ratio that meets or exceeds the County's multi-family and commercial

diversion service level ratio requirement of 35%, unless exempt under a waiver approved by this chapter.

(2) Supply and allow access to adequate number, size, and location of discarded materials collection containers for

employees, contractors, and tenants, consistent with its recyclable materials, organic materials, and solid waste collection service or in a manner that supports compliance with self-haul requirements of sections 68.570 and 68.572 of this chapter.

(3) Annually provide information to employees, contractors, and tenants about organic waste recovery requirements

and about proper sorting of designated organic materials and designated recyclable materials.

(4) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that

describes requirements to keep designated organic materials and designated recyclable materials separate from solid waste and the location of containers for discarded materials and the rules governing their use at each property.

(5) Provide or arrange access for County or its designee to their properties during all inspections conducted in

accordance with this chapter to confirm compliance with the requirements of this chapter.

(6) Accommodate and cooperate with implementation and operation of a remote monitoring program for inspection of the contents of containers for prohibited container contaminants. The remote monitoring program may involve installation by County, collector, or CRMC of remote monitoring equipment on or in the recyclable materials, organic materials, and solid waste containers used by the multi-family premises.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Commercial businesses shall comply with the following requirements:

(1) Subscribe to discarded materials collection services or self-haul in accordance with sections68.570, 68.571, and

68.572 of this chapter.

(2) Commercial premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and

organic materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a commercial business and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.

(3) For commercial premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and

organic materials per week (or other threshold defined by the State) and that provide customers access to the business, provide customers with a recyclable materials and an organic materials bin or container to collect recyclable materials and organic materials purchased on the premises for immediate consumption and that fulfills all of the following requirements:

(i) Is adjacent to each bin or container for solid waste, except in restrooms.

(ii) Is visible and easily accessible.

(iii) Is clearly marked with educational signage indicating the types of recyclable materials or organic materials that

are appropriate to place in the recyclable materials or organic materials bins or containers in accordance with state law and the local jurisdiction's solid waste ordinances and practices.

(iv) Full-service restaurants defined by CA Public Resources Code section 42649.8 are exempt from the

requirements of this subsection (a)(3) if the full-service restaurant provides its employees a recyclable materials and an organic materials bin or container to collect recyclable materials and organic materials purchased on the premises for immediate consumption and implements a program to collect designated recyclable materials and designated organic materials.

(4) Owner or operator of a commercial business, with the consent of the collector or CRMC if owner or operator of the

commercial premises requires modification or alteration of any containers and subject to any required approval from the County, may implement a remote monitoring program for inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants.

(5) If commercial businesses are tier one or tier two edible food generators, comply with food recovery requirements

pursuant to this chapter.

(b) Commercial premises in densely-populated areas shall comply with the following requirements:

(1) Achieve a minimum diversion service level ratio that meets or exceeds the County's multi-family and commercial

diversion service level ratio requirement of 35%, unless exempt under a waiver approved by this chapter.

(2) Supply and allow access to adequate number, size, and location of discarded materials collection containers with sufficient labels or colors (conforming with requirements outlined below) for employees, contractors, tenants, and customers, consistent with recyclable materials container, organic materials container, and solid waste container collection service provided by the collector or CRMC or in a manner that supports compliance with self-haul requirements of sections 68.570 and 68.572 of this chapter.

(3) Provide containers for the collection of designated organic materials and designated recyclable materials in all

indoor and outdoor areas where solid waste 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, the business does not have to provide that particular container in all areas where solid waste disposal containers are provided for customers. Pursuant to 14 CCR section 18984.9(b), the containers provided by the commercial business shall have either:

(i) A body or lid that conforms with the container colors provided through the collection service provided by its

collector or CRMC, 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.

(ii) 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 that are prohibited container contaminants.

(4) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from

placing materials in a container not designated for those materials per the collector's or CRMC's discarded materials collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program.

(5) Periodically inspect recyclable materials, organic materials, and solid waste containers for prohibited container

contaminants and inform employees of contaminated containers and of the requirements to keep contaminants out of those containers pursuant to 14 CCR section 18984.9(b)(3).

(6) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery

requirements and about proper sorting of designated organic materials and designated recyclable materials.

(7) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants or within fourteen (14) days of hiring to new employees that describes requirements to keep designated organic materials and designated recyclable materials separate from solid waste (when applicable) and the location of containers for discarded materials and the rules governing their use at each property.

(8) Provide or arrange access for County or its designee to their properties during all inspections conducted in

accordance with this chapter to confirm compliance with the requirements of this chapter.

(9) Accommodate and cooperate with implementation and operation of a remote monitoring program for inspection of

the contents of containers for prohibited container contaminants. The remote monitoring program may involve installation of remote monitoring equipment on or in the recyclable materials, organic materials and solid waste containers used by the commercial premises.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Single-family owners, occupants, or operators and multi-family and commercial premises owners and operators may apply for waivers in certain circumstances described in this section 68.575 to be excused from designated recyclable materials and/or designated organic materials collection services.

(b) De minimis waivers in densely populated areas: For a multi-family or commercial premises in a densely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's obligation to comply with some or all designated recyclable materials and designated organic materials recycling requirements of this chapter if the owner or operator of commercial business or multi-family residential dwelling provides documentation that the business or multi-family generates less solid waste, recyclable materials, and organic material than the thresholds described below.

(1) Commercial businesses or multi-families requesting a de minimis waiver shall:

i. Submit an application specifying the services that they are requesting a waiver from and provide documentation

that either:

a. The commercial business's or multi-family's total solid waste collection service is two (2) cubic yards or more per

week and designated recyclable materials and designated organic material subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than twenty (20) gallons per week per applicable material stream of the multi-family's or commercial business' total waste (i.e., designated recyclable materials in the recyclable materials stream are less than twenty (20) gallons per week or designated organic materials in the organic materials stream are less than twenty (20) gallons per week); or,

b. The commercial business's or multi-family's total solid waste collection service is less than two (2) cubic yards

per week and designated recyclable materials and designated organic material subject to collection in a recyclable material container(s) or organic material container(s) comprises less than ten (10) gallons per week per applicable material stream of the multi-family's or commercial business's total waste (i.e., designated recyclable materials in the recyclable materials stream are less than ten (10) gallons per week or designated organic materials in the organic materials stream are less than ten (10) gallons per week).

c. For the purposes of subsections (a) and (b) above, total solid waste shall be the sum of weekly container

capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.

ii. Notify County if circumstances change such that multi-family's or commercial business's quantity of designated

recyclable materials and designated organic materials exceeds the weekly threshold required for the waiver, in which case the waiver will be rescinded.

iii. Provide written verification of eligibility for de minimis waiver every five (5) years, if County has approved de

minimis waiver.

(c) Physical space waivers in densely or sparsely populated areas: For a multi-family or commercial premises in a densely populated area or in a sparsely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's obligations to comply with some or all designated recyclable materials and

designated organic materials recycling requirements of this chapter if the County has evidence from its own staff, a collector, CRMC, licensed architect, or licensed engineer that the premises lacks adequate space for compliance with the designated recyclable materials and/or designated organic materials requirements of this chapter.

(1) A physical space waiver may also be requested if a commercial business or multi-family owner or operator

documents that the premises lacks adequate space for sufficient number and size organic material container(s) and recyclable material containers.

(2) A commercial business or multi-family owner or operator requesting a physical space waiver shall:

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

waiver.

ii. Provide documentation that the premises lacks adequate space for recyclable material containers and/or organic

material containers including documentation from its collector, CRMC, licensed architect, or licensed engineer or from County staff.

iii. Provide written verification to County that it is still eligible for physical space waiver every five (5) years, if County

has approved application for a physical space waiver.

(d) On-site organics management waiver in densely or sparsely populated areas: County may waive a single-family, multi-family, or commercial business's obligations to comply with some or all designated organic materials recycling requirements if the generator provides adequate documentation that its source separated organic material is being managed through on-site composting or other on-site management practices that are consistent with applicable laws or regulations. Single-family, multi- family, or commercial business owner or operator requesting an on-site organics management waiver shall:

(1) Submit an application form specifying the type(s) of on-site organics management they will utilize.

(2) Provide documentation that the premises has adequate space for on-site and does not come into conflict with

provisions in section 68.570.

(3) For multi-family and commercial owners and operators in densely populated areas, demonstrate that the on-site

organics management will achieve the de minimis volume standards in subsection (b) above; and, for multi-family and commercial owners and operators in sparsely-populated areas, demonstrate that the on-site organics management will achieve the low volume standard in subsection (f) below.

(4) For single-family premises, demonstrate or confirm plans to provide appropriate management of all green materials

and food waste, including food-soiled paper.

(5) Provide written verification for on-site organics management waiver every five (5) years.

(e) Recyclable materials recycling waivers for sparsely populated areas: For a multi-family or commercial premises in a sparsely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's requirements to comply with some or all designated recyclable materials recycling requirements for any of the following reasons:

(1) The commercial business's or multi-family's total solid waste collection service is two (2) cubic yards or more per

week and designated recyclable materials subject to collection in a recyclable materials container(s) comprises less than twenty (20) gallons per week; or,

(2) The commercial business's or multi-family's total solid waste collection service is less than two (2) cubic yards per

week and designated recyclable materials subject to collection in a recyclable material container(s) comprises less than ten (10) gallons per week.

(3) For the purposes of subsections (1) and (2) above, total solid waste shall be the sum of weekly container capacity

measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.

(f) Organic materials recycling waivers for sparsely populated areas: For a multi-family or commercial premises in a sparsely populated area that generates two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State), the County may waive a multi-family owner's or operator's or commercial business owner's or operator's requirements to comply with some or all designated organic materials recycling requirements for any of the following reasons:

(1) Physical space waiver pursuant to Section 68.757(c).

(2) The current implementation by a multi-family premises or commercial premises of actions that result in the recycling

of a significant portion of its organic waste.

(3) The multi-family premises or commercial premises or group of multi-family premises or commercial premises does

not generate at least one half of a cubic yard of organic waste per week.

(4) Extraordinary and unforeseen events warrant limited-term exemptions.

(g) Review and approval of waivers by County: Owners and operators of premises seeking waivers shall:

(1) Apply to Director or his/her designee for a waiver, or consent to a collector submitting the application on the owner's behalf. Waivers are valid for five (5) years.

(2) Any waiver holder must cooperate with the County and/or collector or CRMC for compliance inspections and

enforcement as stated in section 68.610.

(3) Waiver holder, or its collector on the owner's behalf with consent of the owner, must reapply to the Director or

his/her designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the County. Failure to submit a completed application shall equate to an automatic denial of said application.

(4) Director may revoke a waiver at any time upon a determination that any of the circumstances justifying a waiver are

no longer applicable.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

The Director shall have enforcement authority for this article.

(Added by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)