A. De Minimis Waivers: The City may waive a commercial business' (including multi-family residential dwellings) obligation to comply with some or all 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 Section 13.67.050(a)(2) below. Commercial businesses requesting a de minimis waiver shall:
1. Apply specifying the services that they are requesting a waiver from and provide documentation as noted in Section 13.67.050(a)(2) below.
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 twenty (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 (10) gallons per week per applicable container of the business' total waste.
3. Notify the City within fifteen (15) days if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. De minimis waivers are to be valid for up to a period not to exceed every five (5) years and are subject to a reverification audit conducted by the City or its designee at any time.
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 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 Section 13.67.040.
A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application to the City Manager or his/her 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 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 Section 13.67.040, 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 organic waste collection requirements of Section 13.67.040, the City shall rescind the waiver.
4. Provide written verification to the City that it is still eligible for physical space waiver every five (5) years, if the City has approved application for a physical space waiver.
C. The City Manager and/or his/her designee will be responsible for review and approval of waivers. (Ord. 2945 § 1, 2022)