Sec. 22-4. - Container availability and use requirements for all generators.

(a)

Solid Waste and Organic Waste Containers Required. All persons occupying or maintaining any premises within the county where solid waste or organic waste is created, produced or accumulated shall maintain and use sufficient standard containers for receiving and holding all solid waste and organic waste which is produced, created or accumulated on such premises.

(b)

Containers Must be Closed. Containers shall be kept continuously closed, except when solid waste materials, recyclable materials or organics are being placed therein or removed therefrom, to prevent access by flies, rodents and other animals.

(c)

Prohibited Container Requirements for all Generators. Generators shall not place prohibited container contaminants in collection containers. Generators shall source-separate discarded materials in accordance with their designations as solid waste, organic waste, and solid waste and shall place such designated materials in the appropriate containers as follows, except as may be specifically directed by the franchisee pursuant to an agreement with the department as described in Section 22-4(d):

(1)

Generators shall place source separated organic waste, excluding non-compostable paper and textiles, in the green container;

(2)

Generators shall place source separated recyclable materials in the blue container; and

(3)

Generators shall place solid waste in the gray container.

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

(d) Composting and Recycling Facility Processing Limits. Notwithstanding designation of certain materials as organic waste or recyclable materials under this chapter, generators shall not place materials in the green container or the blue container that cannot be processed by available compost and recycling facilities, as may be determined by agreement between the county and the county's frachisee(s) from time to time. Generators shall be provided with advanced written notice of the same determination.

As of the effective date of this chapter, compostable plastics, manure, biosolids, digestate, sludges, textiles, carpets (whether or not organic), and lumber are not accepted in the green container. Only yard trimmings, food waste, paper products and printing and writing paper may be deposited into the green container as of the effective date of this ordinance. As of the effective date of this chapter, paper products and printing and writing paper may also be placed in the blue container, in addition to other source separated recyclable materials.

(e)

Container Availability Requirements for Commercial Businesses, Including Multi-Family Residential Dwellings. In addition to the container use requirements set forth in Section (a), above, generators that are commercial businesses, including multi-family residential dwellings, shall supply and allow access to an adequate number, size and location of collection containers for employees, contractors, tenants, and customers, consistent with the county franchisee's blue container, green container, and gray container collection service offerings, to enable compliance with the provisions of this chapter requiring source separation and weekly removal and disposal of solid waste, organic waste and recyclable materials as mandated by State Assembly Bill (AB 341), Assembly Bill (AB1826), and Senate Bill 1383 (SB 1383).

(f)

Containers for Business Customers. In addition to the container use requirements set forth in Section (a), above, and the container provision requirements of Subsection (e), above, generators that are commercial businesses, excluding multi-family residential dwellings, shall provide containers for the collection of source separated 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. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. 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 county's franchisee, 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. The container labeling requirements are required on new containers commencing January 1, 2022.

(g)

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).

(h)

Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements of Article 5.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)