The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a generator of organic waste:
A. De Minimis Waivers: The City may waive a commercial business' obligation to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation, or the City has evidence demonstrating, that the business generates below a certain amount of organic waste material as described below in subsection A2. 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 subsection A2 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 subject to collection in a blue container and/or green container, as applicable, 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 subject to collection in a blue container and/or green container, as applicable, comprises less than ten (10) gallons per week per applicable container of the business' total waste.
3. Notify the City if circumstances change such that the commercial business' organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a commercial business that has received a waiver is exceeding the organic waste threshold set forth in subsection A2 above, the City shall rescind the waiver.
4. Provide written verification of eligibility for a de minimis waiver every five (5) years, if the City has approved a de minimis waiver.
B. Physical Space Waivers: The City may waive a commercial business' or property owner's obligations to comply with some or all of the source separated recyclable materials and/or organic waste collection service requirements, as applicable, 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 this article.
Commercial businesses or property owners requesting a physical space waiver shall:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
2. Provide documentation that the premises lacks adequate space for blue containers and/or green containers, as applicable, including documentation from its hauler, licensed architect, or licensed engineer.
3. Notify the City if circumstances change such that commercial business or property owner has adequate space for the collection containers required for compliance with the organic waste collection requirements of this article, in which case the waiver will be rescinded. In addition, if the City obtains information at any time that a commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of this Article, the City shall rescind the waiver.
4. Provide written verification to the City that it is still eligible for a physical space waiver every five (5) years, if the City has approved an application for a physical space waiver.
C. The enforcement official will be responsible for review, approval, and rescission of waivers. Any decision of the enforcement official pursuant to this section may be appealed to the City Council in the manner provided by title 1, chapter 4, article 1 of this Code. (Ord. 21-O-2854, eff. 1-21-2022)