(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 chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste as described in § 8.20.350(A)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services for which they are requesting a waiver;
(2) Provide documentation that either:
(a) The total solid waste collected from the commercial business is two cubic yards or more per week and organic waste subject to collection in a green container comprises fewer than 20 gallons per week; or
(b) The total solid waste collected from the commercial business is fewer than two cubic yards per week and organic waste subject to collection in green container comprises fewer than ten gallons per week.
(3) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold set forth in § 8.20.350(A)(2) above, in which case the waiver will be rescinded;
(4) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved a de minimis waiver.
(B) Physical space waivers. The city may waive a commercial business' obligation to comply with some or all of the requirements set forth in this chapter pertaining to recyclable materials and/or organic waste if the city has evidence from its own staff, a franchisee, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the recyclable materials and/or organic waste requirements of this chapter. 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 physical space waiver.
(2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from the franchise, a licensed architect, or a licensed engineer.
(3) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved a physical space waiver.
(C) Collection frequency waiver. The city, at its sole discretion, may allow the owner or tenant of any premises that subscribes to the franchisee's 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.
(D) Review and approval of waivers by the city. Only the administrator (and not the franchisee) may grant or approve de minimis waivers, physical space waivers, or collection frequency waivers.
(Ord. 3338 § 4 (part), 2021)