South Lake Tahoe Municipal Code Div. 2 Recycling Organic Waste

A. Owners and occupants of single-family units and multiresidential properties of four or less units shall:

1. Subscribe to the city's organic waste collection service for organic waste generated, except for food waste and food-soiled paper; and

2. Participate in the city's organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container in accordance with SLTCC § 4.150.110.

B. Owners of multiresidential properties of five or more units who have not received a de minimis waiver or physical space waiver shall:

1. Subscribe to the city's organic waste collection service;

2. Participate in the city's organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container in accordance with SLTCC § 4.150.120;

3. Annually provide information to tenants about organic waste recovery requirements and about proper sorting of organic waste;

4. Provide educational information within 14 days of occupation of the premises to new tenants that describes requirements to keep organic waste separated and the location of containers and the rules governing their use at the property; and

5. Provide access for the city or its agent to the property during all inspections conducted under SLTCC § 4.150.505 to confirm compliance with the requirements of this division.

C. De Minimis Waiver.

1. Owners of multiresidential properties of five or more units may request a de minimis waiver from some or all of the requirements of this section by submitting the following information:

a. The requirements requested to be waived;

b. Documentation that either: (a) the multiresidential property's total solid waste collection service is two cubic yards or more per week and source separated organic waste subject to collection comprises less than 20 gallons per week; or (b) the multiresidential property's total solid waste collection service is less than two cubic yards per week and source separated organic waste subject to collection comprises less than 10 gallons per week.

2. A de minimis waiver granted by the city will be effective for five years unless circumstances change such that the thresholds are exceeded, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in this subsection (C).

D. Physical Space Waiver.

1. Owners of multiresidential properties of five or more units may request a physical space waiver from some or all of the requirements of this section by submitting documentation from the franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the organic waste container that would otherwise be required.

2. The city manager may grant a physical space waiver based on the information submitted in addition to any evidence from city staff justifying the waiver. A physical space waiver granted by the city will be effective for five years unless the portion of the premises where containers are stored is reconfigured, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in subsection (D)(1) of this section.

(Ord. 1157 § 11; Ord. 1187 § 1)

A. Owners and operators of commercial businesses generating more than two cubic yards of solid waste per week and have not received a physical space waiver shall arrange for organic waste recycling services, including food waste, consisting of at least one of the following:

1. Source separating organic waste from other waste and subscribing to a basic level of organic waste recycling services that includes collection and recycling of organic waste, including food waste;

2. Recycling organic waste on site or self-hauling organic waste, including food waste, for recycling; or

3. Subscribing to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste, including food waste; and

4. For owners and operators of commercial businesses complying with this subsection (A) through means other than subscribing to an organic waste recycling service provided by the city's franchisee, an annual report shall be provided to the city by October 1st of each year to certify compliance through on-site recycling or self-hauling. Annual reports shall include the following information for the preceding 12-month period of June 30th to July 1st:

a. The name of the owner and operator for the commercial business;

b. The name and address for the commercial business; and

c. The volume in cubic yards or gallons, measured by the size of the containers in use, of organic waste recycled on site, through self-hauling including the destination(s), or by other means.

B. In addition to the applicable requirements of subsection (A) of this section, owners and operators of commercial businesses not granted an exemption from mandatory collection under SLTCC § 4.150.390 and who have not received a de minimis waiver or physical space waiver shall:

1. Subscribe to the city's organic waste collection service;

2. Participate in the city's organic waste collection service by placing organic waste generated, except for food waste and food-soiled paper, in a separate container for collection;

3. Provide labeled containers for the collection of organic waste, except for food waste and food-soiled paper, if any is generated by the business or its customers, in all indoor and outdoor areas where disposal containers are provided for customers, except in restrooms;

4. Prohibit employees from placing materials in a container not designated for those materials, to the extent practical through measures such as education, training, and inspection;

5. Periodically inspect the organic waste container for contamination and take corrective measures when contamination is found including reminding employees not to place materials in a container not designated for those materials;

6. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of organic waste;

7. Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep organic waste materials, except for food waste, separated and the location of containers and the rules governing their use; and

8. Provide access to the city or its agent to its properties during all inspections conducted under SLTCC § 4.150.505 to confirm compliance with the requirements of this division.

C. In addition to the applicable requirements of subsections (A) and (B) of this section, owners and operators of tier one commercial edible food generators shall:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed;

2. Contract with food recovery organizations or food recovery services for collection or acceptance of self-hauled edible food for food recovery;

3. Allow the city or agent to access the premises and review records pursuant to Section 18991.4 of Title 14 of the California Code of Regulations, as may be amended from time to time; and

4. Keep records that include the following information as required by Section 18991.4 of Title 14 of the California Code of Regulations, as may be amended from time to time:

a. A list of each food recovery service or organization that collects or receives the generator's edible food pursuant to contract;

b. A copy of all such contracts;

c. A record of the following information for each contracted food recovery service or food recovery organization:

i. Name, address, and contact information;

ii. Types of food that will be collected or self-hauled;

iii. Established frequency that food will be collected or self-hauled; and

iv. Quantity of food, measured in pounds recovered per month, collected or self-hauled.

D. Commencing on January 1, 2024, owners and operators of tier two commercial edible food generators shall:

1. Comply with the requirements for tier one commercial edible food generators in this section; and

2. For large venue or large event operators not providing food services, but allowing for food to be provided by others, require food facilities operating at the large venue or large event to comply with the requirements for tier one commercial edible food generators in this section.

E. De Minimis Waiver.

1. Owners and operators of commercial businesses may request a de minimis waiver from some or all of the requirements of subsections (A) and (B) of this section by submitting the following information:

a. The requirements requested to be waived;

b. Documentation that either: (a) the commercial business's total solid waste collection service is two cubic yards or more per week and source separated organic waste subject to collection comprises less than 20 gallons per week; or (b) the commercial business's total solid waste collection service is less than two cubic yards per week and source separated organic waste subject to collection comprises less than 10 gallons per week.

2. A de minimis waiver granted by the city will be effective for five years unless circumstances change such that the thresholds are exceeded, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in this subsection (E).

F. Physical Space Waiver.

1. Owners and operators of commercial businesses may request a physical space waiver from some or all of the requirements of subsections (A) and (B) of this section by submitting documentation from the franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the organic waste container that would otherwise be required.

2. The city manager may grant a physical space waiver based on the information submitted in addition to any evidence from city staff justifying the waiver. A physical space waiver granted by the city will be effective for five years unless the portion of the premises where containers are stored is reconfigured, in which case the city will rescind the waiver. An applicant may reapply prior to the expiration of its waiver by providing the required information in subsection (F)(1) of this section.

(Ord. 1157 § 11; Ord. 1187 § 1)

A. Owners and operators of food recovery services maintaining their principal place of business within the city and having a contract with commercial edible food generators to collect or receive edible food directly shall:

1. Report to the city the total pounds of edible food recovered for the previous calendar year from tier one and tier two commercial edible food generators with which the food recovery service has contracted, no later than October 1st of each year for the preceding 12-month period of June 30th to July 1st; and

2. Maintain the following records:

a. Name, address, and contact information for each commercial food generator from which edible food is collected;

b. Quantity, measured in pounds per month, of edible food collected from each commercial edible food generator;

c. Quantity, measured in pounds per month, of edible food transported to each food recovery organization; and

d. Name, address, and contact information for each food recovery organization to which the food recovery service transports edible food.

B. Owners and operators of food recovery organizations maintaining their principal place of business within the city and having a contract to collect or receive edible food directly shall:

1. Report to the city the total pounds of edible food recovered for the previous calendar year from tier one and tier two commercial edible food generators with which the food recovery service has contracted, no later than October 1st of each year for the preceding 12-month period of June 30th to July 1st; and

2. Maintain the following records:

a. Name, address, and contact information for each commercial food generator from which edible food is received;

b. Quantity, measured in pounds per month, of edible food received from each commercial edible food generator; and

c. Name, address, and contact information for each food recovery service from which edible food is received.

(Ord. 1157 § 11; Ord. 1187 § 1)