14-2 Service requirements | Monterey City Code

Sec. 14-2. Service requirements.

1. Requirements for Single-Family Premises.Responsible parties of single-family premises shall comply with the following requirements:

a.Subscribe to and pay for City’s three-container collection services for weekly collection of recyclable materials, organic materials, and solid waste generated by the single-family premises and comply with requirements of those services as described in subsection (1)(b) of this section. City, or its designee, shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Following such review, the responsible parties for single-family premises shall adjust their service level for their collection services as requested by the City or its designee. If a tenant, lessee, or other occupant fails to subscribe to and pay for the City’s three-container collection services, it shall be the responsibility of the owner to subscribe to and pay for such services.

b.Participate in the City’s three-container collection service(s) in the manner described below.

i.Place and/or direct its generators to place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.

ii.Not place and/or direct its generators to not place prohibited container contaminants in collection containers and not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

iii.Collection containers shall be placed for collection adjacent to the street in a manner that is safe and accessible to collection personnel prior to the scheduled time for pickup. Except when authorized by the City Manager upon a showing of reasonable necessity, no person shall leave any residential container or containers, or any other items for collection on specially designated collection dates, at the street curb or in any other place on the property visible from the street before 6:00 p.m. on the day prior to the day of pickup, or beyond 7:00 p.m. the day of collection.

iv.Collection containers must be maintained in a sanitary condition. Collection container lids must be closed fully at all times, including when containers are placed out for collection.

c.Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).

2. Requirements for Multifamily Premises.Responsible parties of multifamily premises shall:

a.Subscribe to and pay for City’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the multifamily premises as further described below in this section. City, or its designee, shall have the right to review the number and size of the multifamily premises’ collection containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Following such review, the responsible party of a multifamily premises shall adjust their service level for their collection services as requested by the City or its designee.

b.Participate in the City’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

ii.Not place and/or direct its generators to not place prohibited container contaminants in collection containers and to not place materials designated for the organic materials containers or recyclable materials containers in the solid waste containers.

iii.Collection containers shall not be stored on any public right-of-way or property, and shall be screened from public view, except for the day of pickup, and shall be returned to their stored location within two hours of pickup. On the day of pickup, collection containers shall be placed in such a manner as to be safe and accessible to collection personnel.

iv.Collection containers must be maintained in a sanitary condition. Collection container lids must be closed fully at all times, including when containers are placed out for collection.

c.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 multifamily premises’ approach to complying with self-hauler requirements in Section 14-6.

d.Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

e.Provide education information before or within fourteen (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 solid waste (when applicable) and the location of containers and the rules governing their use at each property.

f.Provide or arrange access for City or its designee to their properties during all inspections conducted in accordance with this Article to confirm compliance with the requirements of this Article.

g.If the responsible party of a multifamily premises wants to self-haul, meet the self-hauler requirements in Section 14-6.

h.Multifamily premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this Article.

i.Nothing in this section prohibits a responsible party or generator of a multifamily premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

3. Requirements for Commercial Businesses.Responsible parties of commercial businesses shall:

a.Subscribe to and pay for City’s three-container collection services and comply with requirements of those services for all recyclable materials, organic materials, and solid waste generated at the commercial premises as further described below in this section. City, or its designee, shall have the right to review the number and size of a commercial premises’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. Following such review, the responsible party of the commercial business shall adjust their service level for their collection services as requested by the City or its designee.

b.Participate in the City’s three-container collection service(s) for at least weekly collection of recyclable materials, organic materials, and solid waste in the manner described below.

iv.Collection containers must be maintained in a sanitary condition. Collection container lids must be closed fully at all times, including when containers are placed out for collection.

c.Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection (3)(d) of this section) 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 premises’s approach to complying with self-hauler requirements in Section 14-6.

d.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 business. Such containers shall be visible and easily accessible. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the responsible party of the commercial business 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 business shall have either:

i.A body and lid that conforms with the container colors provided by the City or its 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. The responsible party of the 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 this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

ii.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.

e.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 per the City’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’s responsible party to support its compliance with self-hauler requirements in Section 14-6.

f.At least on a quarterly basis, inspect recyclable materials containers, organic materials containers, and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.

g.Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste.

h.Provide education information before or within fourteen (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 and the location of containers and the rules governing their use at each property.

i.Provide or arrange access for City or its designee to their properties during all inspections conducted in accordance with this Article to confirm compliance with the requirements of this Article.

j.If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 14-6.

k.Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

l.Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 14-5.

4. De Minimis Waivers for Multifamily Premises and Commercial Premises.The City may waive a responsible party’s obligation to comply with some or all recyclable materials and/or organic waste requirements of this Article if the responsible party of the commercial business or multifamily premises provides documentation that the commercial business or multifamily premises meets one of the criteria in subsections (4)(a) and (b) of this section. For the purposes of subsections (4)(a) and (b) of this section, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.

a.The commercial business’s or multifamily premises’s total solid waste collection service is two (2) cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than twenty (20) gallons per week per applicable material stream of the multifamily premises’s or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty (20) gallons per week or organic materials in the organic materials stream are less than twenty (20) gallons per week); or

b.The commercial business’s or multifamily premises’ total solid waste collection service is less than two (2) cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten (10) gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than ten (10) gallons per week or organic materials in the organic materials stream are less than ten (10) gallons per week).

5. Physical Space Waivers.The City may waive a commercial business’s or multifamily premises’ obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, its franchisee, a licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of subsection (2) or (3) of this section as applicable.

6. Review and Approval of Waivers by City.Waivers shall be granted to responsible parties by City according to the following process:

a.Responsible parties of premises seeking waivers shall submit a completed application form and any required fees to City or its designee for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request. Failure to submit a completed application shall equate to an automatic denial of said application.

b.Upon waiver approval, City shall specify that the waiver is valid for five (5) years.

c.Waiver holder shall notify City if circumstances change such that commercial business or multifamily premises may no longer qualify for the waiver granted, in which case waiver will be rescinded.

d.Any waiver holder must cooperate with the City for compliance inspections and enforcement as stated in Sections 14-7 and 14-8.

e.Waiver holder shall reapply to the City or its designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application.

f.City may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. (Ord. 3642 § 2, 2021)