Waivers for physical de minimis volumes, physical space limitations, and/or collection frequency may be granted by the City if the following conditions are met:
A. De Minimis Waivers may be granted to a Commercial Business, at the City’s sole discretion. Such action would waive some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application or complete a City-provided form specifying the services that they are requesting a waiver from.
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 Green Container comprises less than 20 gallons per week per applicable container of the businesses 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 Green or Blue Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
c. Notify City if circumstances change such that Commercial Business’ Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
d. Provide written verification of eligibility for de minimis waiver every 5 years if City has approved de minimis waiver.
B. Physical Space Waivers may be provided to waive a Commercial Business’ or property owner’s obligations (including Multi-Family 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 this chapter. 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 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. Provide written verification to City that it is still eligible for physical space waiver every five years, if the City has approved the application for a physical space waiver. (Ord. 2021-003, 9-28-2021)