San Luis Obispo County Municipal Code Ch. 8.98 Mandatory Recycling

For the purpose of this chapter, the following words and phrases are defined, and shall be construed as set out in this chapter:

"Collect" or "collection" means to take physical possession of and remove solid waste or recyclable materials at the place of generation.

"Commercial facilities" means facilities that are not residential facilities. Commercial facilities include institutional and government buildings.

"County" means the County of San Luis Obispo.

"Disposal" means the final deposition of waste at a permitted landfill or other permitted waste facility.

"Diversion or divert" means the reduction or elimination of solid waste from landfill disposal.

"Franchise agreement" means the agreement between a solid waste service provider and the government entity that authorizes the collection of garbage and recyclable material in a jurisdiction.

"Franchisee" means the company authorized under a franchise agreement to provide collection services.

"Garbage" means solid waste comprised of rubbish, trash and refuse.

"Recyclable materials" means those items specified in a franchise agreement including greenwaste that can be recycled in a jurisdiction.

"Residential facilities" means a single family dwelling and multi-family dwelling units where members of the general public reside.

"Responsible person" means the individual or entity responsible for the management of solid waste at the residential or commercial facility, or special event.

"Solid waste" means all putrescible and non-putrescible refuse, garbage, rubbish, and recyclable materials, and as otherwise defined in Public Resources Code Section 40191.

"Special event" means a community event that requires a permit from the local jurisdiction.

(Ord. No. 3461, § 3, 11-16-21)

(a) Single Family Residential Facilities. All occupants of a single-family residential facility which receives solid waste collection service from a franchisee shall separate recyclable materials from garbage going to the landfill for disposal. The recyclable materials shall be placed in the curbside recycling containers provided by the franchisee or recycled by any other legal means that the occupant decides to utilize.

(b) Multi-Family Residential Facilities. For multi-family residential facilities which receive solid waste collection service from a franchisee, the responsible person shall provide on-site recycling services to the occupants. The occupants shall participate in a recycling program by separating recyclable materials from their garbage and depositing the recyclable materials in the recycling container provided by the franchisee or other recycler. The responsible person shall ensure that occupants are provided information about the recycling services and participate in the recycling program.

(1) Information, including the types of recyclable materials accepted, the location of recycling containers, and the occupants' responsibility to recycle pursuant to this section, shall be distributed to all occupants annually;

(2) All new occupants shall be given information and instructions upon occupancy; and

(3) All occupants shall be given information and instructions upon any change in recycling service to the facility.

(c) This section shall only apply to those service areas in which garbage and recycling collection is available through a franchise agreement as defined in this chapter.

(d) In the event that the county becomes aware that available recycling services are not being utilized, the county may conduct sampling of the garbage in the garbage container to assure substantial compliance with the recycling requirements of this section. If the garbage sample contains more than twenty percent of recyclable materials as defined in the franchise agreement, the facility will be deemed to be in substantial noncompliance. A written warning to comply with this chapter may be issued to the responsible person and/or occupant and the waste may be sampled again within a six-month period to assure compliance with this chapter. Any subsequent finding of substantial noncompliance, shall result in the responsible person and/or occupant being liable under the penalty provisions of this chapter.

(Ord. No. 3461, § 3, 11-16-21)

(a) Commercial Facilities. For commercial facilities which receive solid waste collection services from a franchisee, the responsible person shall provide on-site recycling services to occupants.

(b) Occupants of Commercial Facilities. Occupants of commercial facilities shall participate in a recycling program by separating recyclable materials from garbage and depositing the recyclable materials in the recycling container provided by the franchisee or other recycler.

(c) Occupant Education. For commercial facilities, the responsible person shall ensure that occupants are educated about the recycling services as follows:

(1) Information, including the types of recyclable materials accepted, the location of recycling containers, and the occupants' responsibility to recycle pursuant to this section, shall be distributed to all occupants annually; and

(2) All new occupants shall be given information and instructions upon occupancy; and

(3) All occupants shall be given information and instructions upon any change in recycling service to the commercial facility.

(d) This section shall only apply to those service areas in which garbage and recycling collection is available through a franchise agreement as defined in this section.

(e) In the event that the county becomes aware that available recycling services are not being utilized, the county or its designee may conduct sampling of the garbage in the garbage container to assure substantial compliance with the recycling requirements of this section. If the garbage sample contains more than twenty percent of recyclable material as defined in the franchise agreement the facility will be deemed to be in substantial noncompliance. A warning may be issued to the responsible person and/or occupant and the waste may be sampled again within a six-month period. Any subsequent finding of substantial noncompliance, shall result in the responsible person and/or occupant being liable under the penalty provisions of this chapter.

(Ord. No. 3461, § 3, 11-16-21)

(a) For a community special event requiring an event permit from the county, the responsible person shall provide recycling receptacles throughout the event venue.

(b) The number of recycling receptacles shall, at a minimum, equal the number of garbage receptacles.

(c) The solid waste and recycling receptacles shall be placed near to one another throughout the event venue.

(d) The types of recyclable materials suitable for deposit into each recycling receptacle shall include, at a minimum, beverage containers.

(e) Each recycling receptacle shall be clearly identified as a recycling receptacle and shall display a list of the types of recyclable materials which may be deposited into the recycling receptacle.

(Ord. No. 3461, § 3, 11-16-21)

(a) Nothing in this chapter shall preclude any person from hauling recyclable materials generated by that person to a recycling facility.

(b) A person electing to haul solid waste to a landfill instead of using the franchisee shall comply with the recycling requirements in this chapter by recycling those items that can be recycled at the landfill.

(c) Nothing contained in this chapter shall be construed as authorizing the county to enforce the provisions of this chapter at a landfill without the prior permission of the landfill owner. In addition, this chapter is not intended to authorize any new inspections or regulations of landfills, nor impose any other changes on current landfill operations.

(Ord. No. 3461, § 3, 11-16-21)

Any violation of any provision of this Chapter 8.98 shall constitute a "violation" under Section 1.05.020 of this code. All of the provisions of Chapter 1.05, Administrative Fines, shall be applicable to a violation of any provision of this Chapter 8.98.

(Ord. No. 3461, § 3, 11-16-21)