Santa Cruz County Municipal Code § 7.20.270 Covered materials diversion requirements—Generators

(A) All generators, including all property owners, owners of commercial businesses, and residents living in single-family structures, multi-family structures and mixed-use buildings, including those entities authorized to self-haul their waste pursuant to SCCC § 7.20.250, must participate in a program to divert covered materials, including the requirements to:

(1) Subscribe to covered materials collection service offered by a County-authorized service provider, or self-haul covered materials in accordance with SCCC § 7.20.250 and applicable law.

(2) Separate covered materials for collection or transport, and ensure that no covered materials are deposited in a solid waste container or receptacle; deposited at any County disposal facility; or are otherwise disposed of. Generators shall not place prohibited container contaminants in discarded materials containers. Failure to properly segregate covered materials or observation of prohibited container contaminants may result in non-collection and/or the assessment of contamination processing fees by the County or its authorized designee(s).

(B) In addition to the requirements of subsection (A) of this section, generators that own or otherwise manage a multi-family dwelling or commercial business shall:

(1) Arrange for covered materials collection services consistent with this section and supply and ensure convenient access to covered materials containers of an adequate size and number, and with highly visible signage, for all employees, tenants, customers, contractors, and visitors;

(2) Educate and provide information to employees, contractors, and tenants about covered materials diversion requirements and proper sorting, at least annually. Such education information shall also be provided to any new employees or contractors upon employment and any new tenants upon occupation of the premises before or within 14 calendar days of employment or occupation of the premises; and

(3) Provide or arrange for access to their premises during all inspections conducted pursuant to SCCC § 7.20.410 and § 7.20.420.

(C) In addition to the requirements of subsections (A) and (B) of this section, a generator that is a commercial business shall meet the following requirements.

(1) Provide containers for the collection of covered materials in all areas where solid waste containers are provided for customers, except restrooms. If a business does not generate any of the discarded materials that would be collected in one type of container then the business does not have to provide that container type for customers in all areas where solid waste containers are provided. The covered materials containers provided to customers shall have one or both of the following:

(a) A body and lid that conforms with the colors of the containers provided through the County's recyclable materials collection program, organic materials collection program, or other discarded materials collection programs, as applicable; and/or

(b) Highly visible container labels that include language, graphic images, or both indicating the primary materials accepted and the primary materials prohibited in each container; or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in each container. A commercial business is not required to replace functional containers that do not comply with these color and labeling requirements prior to the end of the useful life of the containers, or prior to January 1, 2036, whichever date comes first.

(2) Prohibit employees from placing covered materials in a container not designated to receive covered materials; periodically inspect containers for contamination with prohibited container contaminants; and, if contamination by prohibited container contaminants is found, inform employees of the observed prohibited container contaminants and the proper use of covered materials containers.

(D) Generators may additionally manage their covered materials by preventing or reducing their waste generation; and/or managing organic waste on-site or through community composting conducted in compliance with applicable law.

(E) Generators authorized to self-haul discarded materials must handle covered materials in accordance with SCCC § 7.20.250.

(F) Special Event Diversion Requirements. Owners and operators of large venues and organizers and operators of large events are required to participate in a covered materials diversion program for large events and events held at large venues, including, but not limited to, the requirements to:

(1) Arrange for covered materials collection services with a County-authorized service provider; self-haul covered materials in accordance with and pursuant to SCCC § 7.20.250 and applicable law; and/or engage in other activities to divert covered materials, as approved by County and in compliance with applicable law;

(2) Ensure easily identifiable and convenient access by attendees to covered materials containers or other receptacles at locations throughout the utilized premises;

(3) Educate all attendees about the accepted and prohibited discarded material types in each container through highly visible signage located on or immediately above each container; and

(4) Educate all vendors, permanent or temporary staff, and volunteers about the covered materials diversion program. This may include the use of vendor contract requirements, written flyers, or other methods approved by the County.

(G) Edible Food Recovery. Commercial edible food generators shall recover edible food pursuant to SCCC § 7.20.360.

(H) Exemptions. Exemptions to the requirements of this article may be available, at the sole discretion of the Director, pursuant to Article XI of this chapter.

(Ord. 5383 § 2, 2021)

(A) Prohibition on Collection of Covered Materials Intermixed with Solid Waste. No County-authorized service provider shall collect for landfill disposal any covered materials intermixed with solid waste.

(B) Prohibition on Disposal of Covered Materials. No County-authorized service provider shall deliver for landfill disposal to any County disposal facility any covered materials regardless of whether such covered materials are intermixed with solid waste or are segregated.

(C) Collection Service. County-authorized service providers shall provide collection service for covered materials to all of their customers, pursuant to the provisions of their authorized franchise agreement with the County.

(D) Capacity Planning. A County-authorized service provider shall be required to provide information to the County, upon written request of the Director, to support discarded materials capacity planning assessments or other studies that are conducted by the County, within the County, or that require participation by the County. This information may include, but is not limited to, conducting or supporting waste characterization studies; providing information regarding existing and potential new or expanded capacity in their operations for the collection, transport, or processing of covered materials; and, any other information deemed necessary by the Director for purposes of the study. The County-authorized service provider shall respond to any request for information within 60 calendar days, unless another time frame is otherwise specified or authorized by the Director in writing.

(E) Exceptions. If the Director determines that a particular covered material cannot be recycled or processed for a specific time period, then the Director, at their sole discretion, may permit the disposal or alternative handling of that covered material at a facility that is an approved County resource management facility for that specified time period, in accordance with the terms of a franchise agreement, facility agreement, or as otherwise authorized by the Director.

(Ord. 5383 § 2, 2021)

(A) Prohibition on Disposal of Covered Materials. A County resource management facility that accepts covered materials shall under no circumstances deposit covered materials received at the facility for landfill disposal. A County resource management facility shall under no circumstance use organic waste as alternative daily cover or alternative intermediate cover.

(B) Capacity Planning. A County resource management facility shall be required to provide information and consultation to the County, upon request of the Director, to support discarded materials capacity planning assessments or other studies that are conducted by the County, within the County, or that require participation by the County. This may include, but is not limited to, estimating the amount of existing and potential new or expanded capacity at the facility that is available or may be made available for use by the County or jurisdictions within the County, including information about throughput and permitted capacity necessary for planning purposes; and supporting community outreach activities conducted by the County, if applicable. A County resource management facility shall respond to any request for information within 60 calendar days of that request being made by the Director, unless another time frame is otherwise specified or authorized by the Director in writing.

(Ord. 5383 § 2, 2021)

(A) Operations. Community composting operators shall conduct their operations in a manner that complies with applicable law.

(B) Capacity Planning. A community composting operator that operates within or services any part of the unincorporated areas of the County shall be required to provide information and consultation to the County, upon request of the Director, to support organic waste capacity planning assessments or other studies that are conducted by the County, within the County, or that require participation by the County. This information may include, but is not limited to, the estimated amount of organic materials that have been or will be handled by the community composting operation in a specified time frame. The community composting operation shall respond to any request for information within 60 calendar days of that request being made by the Director, unless another time frame is otherwise specified or authorized by the Director in writing.

(Ord. 5383 § 2, 2021)

In addition to the requirements of this article, the County may make rules or policies from time to time which may require an entity or entities to participate in recycling and diversion-related activities. Such rules or policies may include, but are not limited to, requiring: participation in recyclable materials collection programs, organic materials collection programs, edible food recovery programs, source reduction or reusable materials programs, take-back programs, or other County stewardship programs; education of customers, employees, tenants, and visitors about diversion programs; support for capacity planning or other studies conducted by the County, within the County, or that require participation by the County; and record keeping and/or reporting to the County or any applicable agency(ies) regarding diversion-related activities. The County may provide additional exemption and waiver opportunities for these requirements, as approved in writing by the Director and in accordance with Article XI of this chapter.

(Ord. 5383 § 2, 2021)