Sonoma County Municipal Code § 22-5 Containers—Placement for collection

(a) Mandatory Service. Unless exempted pursuant to this section, the owners or occupants of all single-family, multi-family and commercial premises shall subscribe to weekly solid waste, recyclable materials, and organic waste collection services provided by an authorized county franchisee.

(b) Exemptions, Generally. The owner or occupant, of any single-family, multi-family, or commercial premises may apply to the department to be exempt from the mandatory service requirement set forth in subsection (a) above. Such application shall be made on a form supplied by the department, and shall be granted provide the owner or occupant can demonstrate one (1) or more of the following to the department:

(1) The premises are presently undeveloped, such that no discarded solid waste or organic waste is generated thereon;

(2) The premises is inaccessible due to road conditions that render access to the premises by franchisee-provided trucks unsafe, severely impractical, or impossible, in the judgment of both county and franchisee;

(3) The residential premises shares service with a neighboring residential premises with sufficient container size to accommodate the waste of two (2) households, and the shared service arrangement is approved by both county and its franchisee;

(4) A commercial premises lacks adequate space for collection containers.

(c) Exemptions for Commercial Businesses. The owner, or by special arrangement approved by the department, the occupant, of any commercial premises may apply to the department to be exempt from the mandatory service requirement for weekly organic waste collection services provided by an authorized county franchisee as set forth in subsection (a) above. Such application shall be made on a form supplied by the department, and shall be granted provided the owner or occupant can demonstrate one (1) or more of the following:

(1) The commercial business' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste;

(2) The commercial business' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

(3) The commercial business maintains a back-haul program in compliance with the self-hauler requirements set forth in Section 22-16 of this chapter.

(d) Scope of Mandate. The mandatory service requirement set forth in subsection (a), above, also shall not apply to any premises owned by a school district or university, city or county, the state of California, or the federal government.

(e) Proof of Waiver Eligibility. Any owner or occupant that is granted a waiver under subsections (b) or (c) shall, at such intervals as are reasonably established by the department, provide proof to the department of compliance with the requirements set forth herein and any additional requirements or conditions imposed by the department.

(f) Revocation. A waiver may be revoked by the director of transportation and public works or designee upon a finding that there is a violation of any of the requirements of this section or the exemption, or that an unsanitary condition, potential public health threat, environmental contamination or nuisance condition is being created.

(g) Term of Waiver. Any waiver issued shall be valid for a period of five (5) years and is non-transferable. The exemption may be renewed at the end of such five-year period upon reapplication and demonstration that the terms and condition of the exemption(s) still exist.

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

(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)

(a) Single-Family Residences. Containers shall be placed at the curb/roadside for collection unless a county franchisee agrees to collect such containers from an alternative location due to the disability of a customer. Except for containers placed at the curb/roadside for collection, containers, including any recyclable containers, or organics containers, shall not be placed or allowed to remain in or on any street or alley right-of-way unless authorized by the department.

(b) All Other Premises. Containers shall be placed in a location that is easily accessible for collection, to be decided between the owner or occupant and an authorized county franchisee.

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