(A) De minimis waivers pursuant to 14 CCR § 18984.11. 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 the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in § 6.18.040(A)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a de minimis waiver and provide documentation as noted in § 6.18.040(A)(2) below.
(2) Provide documentation that either:
(a) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container comprises less than 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 cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week per applicable container of the business' total waste.
(3) If a de minimis waiver is granted, applicant will be required to subscribe to a two-container collection service comprised of a gray/black container and blue container.
(4) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(5) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.
(6) The city reserves the right to revoke a de minimis waiver at any time if the generator is found to be in violation of any section of this chapter.
(B) Physical space waivers pursuant to 14 CCR § 18984.11. 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 recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of § 6.18.030. A commercial business or property owner, including multi-family residential dwellings, may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a physical space waiver.
(2) Provide documentation that the premises lacks adequate space for a three-container collection service (gray/black containers, blue containers and green containers) including documentation from its hauler, licensed architect, or licensed engineer.
(3) If a physical space waiver is granted, the applicant will be required to subscribe to a two-container collection service comprised of a gray/black container and a green container.
(4) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved an application for a waiver.
(5) The city reserves the right to revoke a physical space waiver at any time if the generator is found to be in violation of any section of this chapter.
(C) Review and approval of waivers. The City Manager, or his or her designee, will be responsible for the review and approval of waiver requests.
(Ord. 4787, passed 5-24-21)