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Franchisee shall:

(1) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials container, organic materials container, and solid waste container collection service or, if self-hauling, consistent with the commercial/industrial/institutional/multifamily establishment’s approach to complying with self-hauler requirements in this title.

(2) Provide containers for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial/industrial/institutional/multifamily establishment. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial/industrial/institutional/multifamily establishment does not generate any of the materials that would be collected in one type of container, then the responsible party of the commercial/industrial/institutional/multifamily establishment does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial/industrial/institutional/multifamily establishment shall have either:

(a) A body or lid that conforms with the container colors provided through the collection service provided, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the commercial/industrial/institutional/multifamily establishment 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.

(b) 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. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(3) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials, or, if self-hauling, per the instructions of the commercial/industrial/institutional/multifamily establishment’s responsible party to support its compliance with self-hauler requirements in the city’s municipal code.

(4) Periodically inspect recyclable materials containers, organic materials containers, and solid waste/mixed waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(5) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and proper sorting of recyclable materials, organic materials, and solid waste/mixed waste.

(6) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste/mixed waste (when applicable) and the location of containers and the rules governing their use at each property.

(7) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with the city’s municipal code to confirm compliance with the requirements of the city’s municipal code. (Ord. 716 § 2, 2021).