(A) Whenever compliance with the provisions of this article is required of any person, such requirement shall include compliance with all regulations issued by the city manager or designee pursuant to this article.
(B) Waivers and exemptions.
(1) Waivers. Pursuant to 14 CCR Section 18984.11 and the SB 1383 regulations, which allow the city, at their option, to grant waivers to waste generators for physical space limitations, de minimis volumes, and/or collection frequency waivers.
(2) De minimis waivers. The city may waive a commercial business’ obligation (including any/all multi-family residential dwellings) to comply with some or all of the waste collection requirements of this article if that entity provides documentation that the waste generated is below a certain amount as described in (B)(3)(a) below. Commercial businesses requesting a de minimis waiver shall:
(a) Submit an application specifying the services for which they are requesting a waiver and provide documentation as noted below.
(b) Provide written and photographic 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 or yellow 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 or yellow 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organic material generation exceeds the threshold required for such a waiver, in which case the waiver will be rescinded.
(d) Upon receipt of such a waiver, provide written verification of eligibility for de minimis waiver every five years.
(3) Physical space waivers. The city may waive a commercial business’ or property owner’s obligations (including all multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the city has evidence from its own staff, a hauler, a licensed architect, or a licensed engineer, demonstrating that the premises lack adequate space and/or approved waste enclosure for the collection containers required for compliance.
(a) A commercial business or property owner 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 compliance waiver.
2. Provide written and photographic documentation that the premises lack adequate space for the city’s required three or two bin commercial collection services per State law, including documentation from its hauler, licensed architect, or licensed engineer.
3. Upon receipt of such a waiver, provide written verification to the city that it is still eligible for a physical space waiver every five years.
4. New occupants to existing multi-tenant commercial buildings are subject to provisions in section 19-180 of this article.
(Ord. No. 3007)