A. De minimis waivers. The city may waive a commercial business’ obligations (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 below in paragraph A.2. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in paragraph A.2.of this section, below.
2. Provide documentation that either:
a. The commercial business’ total solid waste collection service is two (2) 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 (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) 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that the commercial business’ organic waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.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 paragraph A.2.a. of this section, above, the city will rescind the waiver.
4. Provide written verification to the city that it is still eligible for a de minimis waiver every five (5) years, if the city has approved a de minimis waiver.
B. Physical space waivers. 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 recyclable materials and/or organic waste collection service requirements of this chapter 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 this chapter. Commercial businesses or property owners requesting a physical space waiver shall:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver and provide documentation as noted below.
2. Provide documentation that the premises lacks 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 the commercial business has adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter, 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 paragraph A.2.a. of this section, above, the city will rescind the waiver.
4. Provide written verification to the city that it is still eligible for a physical space waiver every five (5) years, if the city has approved an application for a physical space waiver.
C. Collection frequency waivers. The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three- container 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. The enforcement official will be responsible for review and approval of waivers. (Ord. 575 § 2, 2022)