8.12.802 Commercial recycling.
A. Mandatory Commercial Recycling. All businesses, including multifamily residential dwellings of five or more units that are required to recycle under AB 341, shall recycle and divert from the landfill recyclable materials generated by the business in accordance with this section.
1. Businesses subject to this section shall arrange for recycling services, consistent with state and local laws, rules, regulations, and requirements, to the extent that these services are offered and reasonably available from a local service provider. A business subject to this section shall take at least one of the following actions:
a. Source separate recyclable materials from other solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the collection of the recyclable materials with the city’s authorized hauler;
b. Source separate recyclable materials from other solid waste and self-haul the recyclables to a recycling or material recovery facility for processing; or
c. Source separate recyclable materials from other solid waste and arrange for pickup of the recyclable materials for donation or sale. No fees of any sort may be paid for the recyclable materials, including for collection, hauling, or processing. Reasonable documentation of donation or sale activities, including donation or sale frequency, a description of recyclable materials being donated or sold, and tonnage records of recyclable materials being donated or sold must be submitted to the director upon request.
2. To comply with subsection B of this section, property owners or managers of multifamily dwellings may require tenants to source separate their recyclables from other solid waste. Tenants must source separate their recyclable materials as required by property of the owners or managers of multifamily dwellings subject to this section.
3. A business meeting the conditions of subsection A of this section may request an exemption from the requirements of subsection B of this section by submitting an application on a form prescribed by the public works director or designee. After reviewing the exemption request, the director shall either approve or disapprove the request. To be eligible for an exemption from the requirements of subsection B of this section, the business must demonstrate that:
a. There are no recyclable materials being generated by any activities of the business;
b. There is inadequate storage space for the storage of recyclable materials; or
c. There is no viable market for the recyclable materials or recycling facility available.
B. Franchised Recycler. This subsection applies to franchised recyclers.
1. Recycling Service. Every franchised recycler must provide one of the following recyclables services to businesses:
a. Collection of source separated recyclables discarded in separate containers;
b. Processing of solid waste at a materials recovery facility; or
c. Recycling service specified in agreements between recycler and the city.
2. Recycling Education and Business Outreach Plan. Every franchised recycler must submit a plan for business recycling education and outreach to the city for approval, including any requirements in recycling service agreements between recycler and the city. It must implement that plan.
3. Monitoring. Every franchised recycler must submit a protocol to the city for approval, including all of the following:
a. Monitoring businesses’ compliance with the mandatory recycling law;
b. Notifying businesses that are out of compliance; and
c. Including any requirements in recycling service agreements between hauler and the city.
4. Record Keeping and Reporting. Every franchised recycler must collect and record the following information and report it to the city on or before July 1st each year or within one month of city request:
a. Business Compliance. The extent to which businesses have complied with Public Resources Code Section 42649.2, including the following information:
i. The number of businesses that are subscribing to solid waste service (including recycling); and
ii. The amount of disposal that is being diverted from the businesses;
b. MRF Recovery Rates. The recovery rate of the commercial waste from any and all material recovery facilities that are utilized by the businesses, including all of the following:
i. Information;
ii. Methods, calculations; and
iii. Any additional performance data requested by CalRecycle from the material recovery facilities pursuant to 14 CCR 18809.4;
c. A description of their conducting education and outreach to businesses;
d. A description of how they are monitoring businesses and notifying businesses that are out of compliance; and
e. The availability of markets for collected recyclables. (Ord. 714 §2, 2021; Ord. 633 (Att. A), 2013).