The city, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a generator of organic waste:
(A) De minimis waivers. The city may waive a commercial business' (including multi- family residential dwellings) obligations to comply with some or all of the organic waste requirements of § 51A.04 if the commercial business provides documentation, or the city has evidence demonstrating, that the commercial business generates below a certain amount of organic waste material as described below in division (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services for which the commercial business is requesting a waiver and provide documentation as noted in division (A)(2) of this section.
(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 the city if circumstances change such that the commercial business' organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has received a waiver is exceeding the organic waste thresholds set forth in division (A)(2) of this section, the city shall rescind the waiver.
(4) Provide written verification of eligibility for a 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' (including multi-family residential dwellings) or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements of § 51A.04, as applicable, if the city 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 § 51A.04, as applicable. Commercial businesses or property owners requesting a physical space waiver shall:
(1) Submit an application form specifying the type of collection services for which the commercial business is requesting a waiver and provide documentation as noted below.
(2) Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the city if circumstances change such that commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of § 51A.04, in which case the waiver will be rescinded. In addition, if the city determines at any time that a commercial business that has adequate space for the collection containers required for compliance with the organic waste collection requirements of § 51A.04, the city shall rescind the waiver.
(4) Provide written verification to the city that it is still eligible for a physical space waiver every five years, if the city has approved an application for a physical space waiver.
(C) The City Manager will be responsible for review and approval of waivers.
(Ord. 1778, passed 5-18-22)