8.12.806 AB 1826 regulatory compliance.
Businesses subject to the requirements of AB 1826 shall fully comply with all applicable AB 1826 regulatory requirements or be subject to the penalties as prescribed in Chapters 1.08 and 1.20 and Article XI (Enforcement) of this chapter.
Those requirements include, but are not necessarily limited to, the following:
A. Commercial Recycling and Organics Collection Required.
1. Each covered generator shall subscribe to a level of service with the franchised hauler that is sufficient to handle the volume of organic materials generated or accumulated on the premises, or complete and retain on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with Article X of this chapter or any other applicable law or regulation. The commercial generator shall make a copy of such form available upon request.
2. Additionally, each covered generator shall ensure the proper separation of solid waste, as established by the franchised hauler, by placing each type of material in designated receptacles or containers and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site conduct proper separation of solid waste.
B. Exemptions to Mandatory Commercial Organics.
1. The following shall be exempt from the requirements of this section prior to January 1, 2022, at which time the exemptions specified in Section 8.12.807 (SB 1383 Regulatory Compliance) shall apply:
a. Covered generators that can provide documentation to the satisfaction of the city that less than one-half a cubic yard of organic materials per week are generated by that commercial generator, its employees, customers, tenants, business practices, and other persons or processes which occur on the premises of the covered generator.
b. Covered generators that can provide documentation to the satisfaction of the city that there is inadequate space for the covered generator to store sufficient containers for recyclable materials and organic materials on site and that it is infeasible for the covered generator to share recyclable materials or organic materials containers with adjacent commercial facilities or multifamily dwellings.
c. Covered generators seeking an exemption shall submit their request for exemption in a form specified by the public works director or his or her designee. After reviewing the exemption request, and after an on-site review, if applicable, the public works director or his or her designee may either approve or deny the exemption request. (Ord. 714 §4, 2021).