.010 When the City’s Franchisee establishes a Three-Container System, Commercial Businesses may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular Premises. Under these circumstances, the City Manager or their Designee may issue special written permits (waivers) authorizing variations from the provisions of this Chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the City. Special written permits include de minimis waivers and physical space waivers, as described below.
.020 De Minimis Waivers: The City Manager or their Designee may waive a Commercial Business’s obligation (including Multi-Family Residential Dwelling’s obligations) to comply with some or all of the Organic Material requirements of this ordinance if the Commercial Business provides documentation, or if the City Manager or their Designee has evidence demonstrating, that the business generates below a certain amount of Organic Material as described in Chapter 10.10.120.020.(2) below. If the City Manager or their Designee has sufficient evidence demonstrating that a Commercial Business generates below a certain amount of Organic Waste as described in Section 10.10.120.020(2), it may verify that the Commercial Businesses’ Organic Waste generation meets the threshold without the receipt of a waiver application as described in Section 10.10.120.(1). As part of the Organic Waste generation verification process, the City Manager or their Designee may request documentation from the Commercial Business as described below.
Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Chapter 10.10.120.020.(2) below.
(2) Provide documentation that either:
(i) The Commercial Business’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 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,
(ii) The Commercial Business’s 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 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).
(iii) For the purposes of subsections (i) and (ii) above, 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.
(3) Notify City if circumstances change such that Commercial Business’s Organic Material exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years or when a Conditional Use Permit is issued, whichever is sooner, if City has approved de minimis waiver.
.050 Physical Space Waivers: City may waive a Commercial Business’ or property owner’s obligations to comply with some or all of the Organic Material collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer that the Premises lacks adequate space for compliance with the Organic Material collection requirements below.
A physical space waiver may also be requested if a Commercial Business or property owner documents that the premises lacks adequate space for Organic Material Container and Recyclable Material Containers.
The Responsible Party of a Commercial Business 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 compliance waiver.
(2) Provide documentation that the Premises lacks adequate space for Recyclable Material Containers and/or Organic Material Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to City that it is still eligible for physical space waiver every five (5) years or when a Conditional Use Permit is issued, whichever is sooner, if City has approved application for a physical space waiver.
.060 Review and Approval of Waivers by City: Commercial Businesses or property owners shall:
(1) Apply to City for a de minimis or physical space waiver. Waivers are valid for five (5) years.
(3) Waiver Holder must reapply to the City Manager or their Designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the City. Failure to submit a completed application shall equate to an automatic denial of said application.
(4) City Manager or their Designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. (Ord. 6519 § 1 (part); December 11, 2021.)