11-5-040 Impossibility of compliance – Exemption.

   If, due to the configuration, location or unique characteristics of an existing building, it is physically impossible or hazardous for a refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter, such refuse collection customer may apply to the Commissioner for a written certificate of exemption from compliance with the requirements of this chapter. Application for such certificate shall be made by the refuse collection customer, on a form provided by the department, and shall be accompanied by a non-refundable application fee of $500.00.

   Upon receipt of such application, the Commissioner or the Commissioner's designee shall conduct a site visit of the subject premises to determine the validity of the claim of impossibility or hazard. Prior to granting any exemption under this section, the Commissioner may request the refuse collection customer to work with a private hauler or other person, at the refuse collection customer's expense, to determine whether a reasonable alternative method of recycling can be implemented at such premises.

   If, following such site visit, the Commissioner determines that it is not impossible or not hazardous for the refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter, the Commissioner shall enter a final order to such effect. Such final order shall be accompanied by a written decision stating why the Commissioner determined that it is not impossible or not hazardous for the refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter. The Commissioner is authorized to and shall issue any final order necessary to enforce this section.

   If, following such site visit, the Commissioner determines that it is impossible or hazardous for the refuse collection customer to store recyclable material on the premises for separate collection or to otherwise comply with any requirement of this chapter, the Commissioner shall issue to such refuse collection customer a certificate of exemption for such premises, which shall specify the scope of any exemption granted and, where practicable, shall require the refuse collection customer to implement a reasonable alternative method of recycling. If issued, such certificate shall exempt the premises identified in such certificate and all residents, tenants and occupants of such premises from compliance with the requirements of this chapter on the premises identified in such certificate, to the extent, and subject to the conditions, stated on the face of such certificate. Such certificate, which shall be transferable, shall be valid for a period of five years from the date of its issuance, or until such time that the premises identified in such certificate are substantially rehabilitated in a manner that allows for compliance with the requirements of this chapter, or until such time that the certificate of exemption is revoked for cause by the Commissioner following notice and a hearing before the Commissioner, whichever comes first. A copy of such certificate shall be posted by the refuse collection customer, in a conspicuous place, in a common area of the premises identified in such certificate. Upon request by any resident-tenant or occupant of the premises identified in such certificate, the refuse collection customer shall provide a copy of such certificate to such person.

(Added Coun. J. 7-20-16, p. 28694, § 1)