A. De Minimis Waivers. Upon application by a customer, the city may waive a commercial business' obligation (including multi-family residential complexes) 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 of twenty (20) gallons of organic waste materials as described in subsection A.2 below. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application, on the form provided by the city or designee. specifying the organic materials collection services that they are requesting a waiver from and provide documentation as noted in subsection A.2 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 comprises less than twenty (20) gallons per week per applicable container of the business' total waste; or
b. The commercial business' total combined solid waste collection service is less than two (2) cubic yards per week and organic waste comprises less than ten (10) gallons per week per applicable container of the business' total waste.
c. For the purposes of subsections A and B above, TOTAL SOLID WASTE shall be the sum of weekly garbage, source separated recyclable materials, and source separated organic waste measured in cubic yards.
3. Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case the waiver will be rescinded;
4. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to city every five (5) years.
B. Physical Space Waivers. Upon customer application, the city may waive a commercial business' or property owner's obligations (including multi-family residential complexes) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, the franchised hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the recyclable and organic waste collection requirements of this chapter. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form, provided by the city of its designee, specifying the type(s) of collection services for which they are requesting a compliance waiver;
2. Provide documentation that the premises lacks adequate space for recyclables and organics containers including documentation from the franchise hauler, licensed architect, licensed engineer, or other person authorized by the city;
3. If the waiver is granted, provide written verification to the city of continued eligibility for a physical space waiver every five (5) years.
C. The city manager, or his or her designee, shall be responsible for the review and approval of waivers pursuant to this section. The city manager may adopt guidelines for the review and approval or such waivers. (Ord. 2021-01 § 2 (part), 2021)