(a) De Minimis Waivers. The City may waive a Commercial Service Recipient's obligation, including MFD-C and Mixed-Use Dwellings, to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Service Recipient provides documentation that the location generates below a certain amount of Organic Waste material as described in SB 1383 and item (a)(2) below. Commercial Service Recipients requesting a de minimis waiver shall:
(1) Submit a "Request for Waiver" application available from the City or Contractor specifying the services that they are requesting a waiver from and provide documentation as noted in item (a)(2) below.
(2) Provide documentation that either:
(A) The Commercial Service Recipient's total Solid Waste collection service is two cubic yards or more per week and Organic Waste comprises less than 20 gallons per week of the business' total waste; or,
(B) The Commercial Service Recipient's total Solid Waste collection service is less than two cubic yards per week and Organic Waste comprises less than 10 gallons per week of the business' total waste.
(3) Notify City if circumstances change such that Commercial Service Recipient's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver annually, if City has approved de minimis waiver.
(b) Physical Space Waivers. The City may waive a Commercial Service Recipient's or property owner's obligations (including MFD-C and Mixed-Use 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, Contractor, 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 Service Recipient or property owner may request a physical space waiver through the following process:
(1) Submit a "Request for Waiver" application available from the City or Contractor 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 Recyclable Materials Containers and/or Organics Containers including documentation from Contractor, licensed architect, or licensed engineer.
(3) Provide written verification to City that it is still eligible for physical space waiver every year, if City has approved application for a physical space waiver.
(c) Review and Approval of Waivers by the City. The City's Exclusive Franchise Agreement Administrator shall review and either approve or deny Waivers.
(Ord. 1688-NS, eff. December 17, 2021)