(A) De minimis waivers.
1. The city may waive a commercial business’ obligation (including multi-family residential dwellings) 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 material as described in § 8-2-34(A)(2) below.
2. Commercial businesses requesting a de minimis waiver shall:
(a) Submit the SB 1383 compliance form specifying the services that they are requesting a waiver from and provide documentation as noted in § 8-2-34(A)2. below;
(b) Provide documentation that either:
(1) The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or
(2) The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a green container comprises less than ten gallons per week per applicable container of the business’ total waste.
(c) Notify the city if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and
(d) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.
(B) Physical space waivers.
1. The city may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the organic waste collection service requirements 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 § 8-2-31.
2. A commercial business or property owner may request a physical space waiver through the following process:
(a) Submit the SB 1383 compliance form specifying they are requesting an organics compliance waiver;
(b) Provide documentation that the premises lacks adequate space for green containers including documentation from its hauler, licensed architect, licensed engineer or by verification after a site visit from a city enforcement official; and
(c) Provide written verification to the city that it is still eligible for physical space waiver every five years, if the city has approved application for a physical space waiver.
(C) City Manager. Review and approval of waivers shall be made by the City Manager or his or her designee.
(Ord. 648, passed 4-19-2022)