(a) Single-family owners, occupants, or operators and multi-family and commercial premises owners and operators may apply for waivers in certain circumstances described in this section 68.575 to be excused from designated recyclable materials and/or designated organic materials collection services.
(b) De minimis waivers in densely populated areas: For a multi-family or commercial premises in a densely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's obligation to comply with some or all designated recyclable materials and designated organic materials recycling requirements of this chapter if the owner or operator of commercial business or multi-family residential dwelling provides documentation that the business or multi-family generates less solid waste, recyclable materials, and organic material than the thresholds described below.
(1) Commercial businesses or multi-families requesting a de minimis waiver shall:
i. Submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial business's or multi-family's total solid waste collection service is two (2) cubic yards or more per week and designated recyclable materials and designated organic material subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than twenty (20) gallons per week per applicable material stream of the multi-family's or commercial business' total waste (i.e., designated recyclable materials in the recyclable materials stream are less than twenty (20) gallons per week or designated organic materials in the organic materials stream are less than twenty (20) gallons per week); or,
b. The commercial business's or multi-family's total solid waste collection service is less than two (2) cubic yards per week and designated recyclable materials and designated organic material subject to collection in a recyclable material container(s) or organic material container(s) comprises less than ten (10) gallons per week per applicable material stream of the multi-family's or commercial business's total waste (i.e., designated recyclable materials in the recyclable materials stream are less than ten (10) gallons per week or designated organic materials in the organic materials stream are less than ten (10) gallons per week).
c. For the purposes of subsections (a) and (b) above, total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.
ii. Notify County if circumstances change such that multi-family's or commercial business's quantity of designated recyclable materials and designated organic materials exceeds the weekly threshold required for the waiver, in which case the waiver will be rescinded.
iii. Provide written verification of eligibility for de minimis waiver every five (5) years, if County has approved de minimis waiver.
(c) Physical space waivers in densely or sparsely populated areas: For a multi-family or commercial premises in a densely populated area or in a sparsely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's obligations to comply with some or all designated recyclable materials and designated organic materials recycling requirements of this chapter if the County has evidence from its own staff, a collector, CRMC, licensed architect, or licensed engineer that the premises lacks adequate space for compliance with the designated recyclable materials and/or designated organic materials requirements of this chapter.
(1) A physical space waiver may also be requested if a commercial business or multi-family owner or operator documents that the premises lacks adequate space for sufficient number and size organic material container(s) and recyclable material containers.
(2) A commercial business or multi-family owner or operator requesting a physical space waiver shall:
i. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
ii. Provide documentation that the premises lacks adequate space for recyclable material containers and/or organic material containers including documentation from its collector, CRMC, licensed architect, or licensed engineer or from County staff.
iii. Provide written verification to County that it is still eligible for physical space waiver every five (5) years, if County has approved application for a physical space waiver.
(d) On-site organics management waiver in densely or sparsely populated areas: County may waive a single-family, multi-family, or commercial business's obligations to comply with some or all designated organic materials recycling requirements if the generator provides adequate documentation that its source separated organic material is being managed through on-site composting or other on-site management practices that are consistent with applicable laws or regulations. Single-family, multi- family, or commercial business owner or operator requesting an on-site organics management waiver shall:
(1) Submit an application form specifying the type(s) of on-site organics management they will utilize.
(2) Provide documentation that the premises has adequate space for on-site and does not come into conflict with provisions in section 68.570.
(3) For multi-family and commercial owners and operators in densely populated areas, demonstrate that the on-site organics management will achieve the de minimis volume standards in subsection (b) above; and, for multi-family and commercial owners and operators in sparsely-populated areas, demonstrate that the on-site organics management will achieve the low volume standard in subsection (f) below.
(4) For single-family premises, demonstrate or confirm plans to provide appropriate management of all green materials and food waste, including food-soiled paper.
(5) Provide written verification for on-site organics management waiver every five (5) years.
(e) Recyclable materials recycling waivers for sparsely populated areas: For a multi-family or commercial premises in a sparsely populated area, the County may waive a multi-family owner's or operator's or commercial business owner's or operator's requirements to comply with some or all designated recyclable materials recycling requirements for any of the following reasons:
(1) The commercial business's or multi-family's total solid waste collection service is two (2) cubic yards or more per week and designated recyclable materials subject to collection in a recyclable materials container(s) comprises less than twenty (20) gallons per week; or,
(2) The commercial business's or multi-family's total solid waste collection service is less than two (2) cubic yards per week and designated recyclable materials subject to collection in a recyclable material container(s) comprises less than ten (10) gallons per week.
(3) For the purposes of subsections (1) and (2) above, total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.
(f) Organic materials recycling waivers for sparsely populated areas: For a multi-family or commercial premises in a sparsely populated area that generates two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the State), the County may waive a multi-family owner's or operator's or commercial business owner's or operator's requirements to comply with some or all designated organic materials recycling requirements for any of the following reasons:
(1) Physical space waiver pursuant to Section 68.757(c).
(2) The current implementation by a multi-family premises or commercial premises of actions that result in the recycling of a significant portion of its organic waste.
(3) The multi-family premises or commercial premises or group of multi-family premises or commercial premises does not generate at least one half of a cubic yard of organic waste per week.
(4) Extraordinary and unforeseen events warrant limited-term exemptions.
(g) Review and approval of waivers by County: Owners and operators of premises seeking waivers shall:
(1) Apply to Director or his/her designee for a waiver, or consent to a collector submitting the application on the owner's behalf. Waivers are valid for five (5) years.
(2) Any waiver holder must cooperate with the County and/or collector or CRMC for compliance inspections and enforcement as stated in section 68.610.
(3) Waiver holder, or its collector on the owner's behalf with consent of the owner, must reapply to the Director or his/her designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the County. Failure to submit a completed application shall equate to an automatic denial of said application.
(4) Director may revoke a waiver at any time upon a determination that any of the circumstances justifying a waiver are no longer applicable.
(Added by Ord. No. 10729 (N.S.), effective 6-4-21)