A. De Minimis waivers: The City may waive a residential and commercial premise's obligation to comply with some or all of the organic waste requirements of SB 1383 if the owner or occupant can demonstrate and certify to the City that waste, recycling, or organic waste collection is not needed because the owner or occupant satisfies any of the following requirements:
1. The owner or occupant requesting a de minimis waiver submits an application specifying the services that they are requesting a waiver from and provides documentation that either:
a. The residential or commercial premises' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in organic waste container comprises of less than 20 gallons per week of the premises' total waste; or,
b. The residential or commercial premises’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in an organic waste container comprises of less than 10 gallons per week of the premises' total waste.
c. The owner or occupant notifies the City if circumstances change such that commercial customer's organic waste exceeds the thresholds required for a waiver, in which case the waiver will be rescinded.
B. Physical Space Waivers: Owners or occupants of commercial and multifamily residential premises may request a physical space waiver through the following process:
1. Submit an application specifying the types of services that they are requesting a waiver for.
2. Provide documentation that the premises lacks adequate space for the organic waste collection container, including documentation from its hauler, licensed architect, or licensed engineer.
C. Waiver Term: Waivers shall apply for up to, but no longer than five (5) years, as determined by the Director and/or his or her designee.
(Ord. 2573 §2)