(a) De Minimis waivers. A jurisdiction 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 division (a)(2) 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 division (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 blue container or 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 blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.
(3) Notify jurisdiction if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five years, if jurisdiction has approved de minimis waiver.
(b) Physical space waivers.
(1) Jurisdiction 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 jurisdiction 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 Sections 6.02.060 or 6.02.070.
(2) A commercial business or property owner may request a physical space waiver through the following process:
(A) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(B) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
(C) Provide written verification to jurisdiction that it is still eligible for physical space waiver every five years, if jurisdiction has approved application for a physical space waiver.
(c) Collection frequency waiver. Jurisdiction, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the jurisdiction's three-, three-plus, or two-container organic waste collection service to arrange for the collection of their blue container, gray container, or both once every 14 days, rather than once per week.
(Ord. 210, passed 10-6-2021)