The City may grant waivers to generators for physical space limitations and de minimis (low) volumes.
A. De minimis waivers (low volume). The City may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this chapter if its own staff or City designee certifies that the business generates below a certain amount of organic waste material. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application to the City or City’s designee specifying the services that they are requesting a waiver from and provide documentation as noted below.
2. Provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and organic waste comprises less than twenty (20) gallons per week per applicable container of the business’ total waste; or,
b. The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and organic waste comprises less than ten (10) gallons per week per applicable container of the business’ total waste.
c. Notify City if circumstances change such that commercial business’ organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
d. De minimis waivers are valid for a period of five (5) years and subject to reverification by the City or City designee at any time.
B. Physical space waivers. The City may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the organic waste collection service requirements if its own staff, or City designee, certifies that the premises lack adequate space for the collection containers required for compliance with the organic waste collection requirements.
A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form to the City or City designee specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lack adequate space for containers and include documentation from either its franchised hauler, licensed architect, or licensed engineer.
3. Physical space waivers are valid for a period of five (5) years and subject to reverification by the City or City designee at any time.
C. The City shall make the final determination for each waiver application. Approved waivers may be reverified and/or rescinded by the City at any time.
[Ord. No. 621, 1/18/22.]