(A) The town may grant waivers for physical space limitations and/or de minimis volumes. Waiver requests shall be submitted on a form specified by the Director. After reviewing the waiver request, and after an on-site review, if applicable, the Director may either approve or deny the following waiver requests.
(1) De minimis waivers: The town may waive a commercial business' obligation to comply with some or all the requirements of § 8.08.130-3 if the commercial business meets the following requirements:
(a) Submit an application specifying the type of waiver requested and provide documentation as described below.
(b) Provide documentation that the commercial business (but excluding multi-family residential dwellings) generates 32 gallons (or the minimum level of service as defined in the rate schedule) of solid waste per week and can demonstrate upon request by the town or hauler that they do not exceed the 32 gallon threshold and have a reasonable alternative to disposing of their recyclable materials or organic waste (e.g., sharing with adjacent business). This exemption does not apply to special events unless the generator demonstrates to the Director that the event will produce less than the threshold amount.
(c) Notify the town if circumstances change such that subsections (a) and (b) no longer apply, in which case the waiver will be rescinded.
(d) Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.
(e) The commercial business (but excluding multi-family residential dwellings) may be exempt from the requirement of this section if the commercial business demonstrates to the Director that there are no recyclable materials and/or organic waste being generated by any activities in the commercial business.
(2) Physical space waivers: The town may waive a commercial business' or property owner's obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the town 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 collection service requirements. If, after reviewing the site, the Director determines that it is feasible for collection containers for recyclable materials and/or organic materials to be placed either on-site or shared with an adjoining business or property, then the generator will not be exempted from these requirements and will be responsible for full compliance with this section. 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 waiver from mandatory collection service.
(b) Provide documentation that the premises lacks adequate space for the approved recyclable materials collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.
(c) Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver.
(B) If a generator seeks an exemption, an application for such exemption shall be submitted on a form prescribed by the Director. After reviewing the exemption request, and after an on-site review, if applicable, the Director shall either approve or disapprove the exemption request and shall notify the authorized collector if a waiver has been approved.
(C) Donation. Nothing in this section shall prohibit any generator from donating its recyclable materials or organic materials to any non-profit charitable organization.
(D) Organic materials may be fed to animals on the premises where such organic materials is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the Director; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(E) Nothing in this chapter prohibits a generator from preventing or source reducing waste generation, managing organic waste on site, or using a community composting site, provided that such conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)