8.25.035 Waivers.
A. De Minimis Waivers. The City may waive a Commercial Business’s obligation to comply with some or all of the Organic Waste requirements of this chapter if documentation is provided demonstrating that the Commercial Business generates below a certain amount of Organic Waste material (de minimis) as described below.
1. A Commercial Business requesting a de minimis waiver shall:
a. Submit an application to the City specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the City. Applicants may be subject to one or more site Inspection(s) prior to approval of a waiver.
b. Provide documentation with the de minimis waiver application that either:
i. The Commercial Business’s total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Recycling Container or Organics Container comprises less than 20 gallons per week per applicable Container of the business’s total waste; or
ii. The Commercial Business’s total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recycling Container or Organics Container comprises less than 10 gallons per week per applicable Container of the business’s total waste.
For the purposes of subsections (A)(1)(b)(i) and (A)(1)(b)(ii) of this section, total Solid Waste shall be the sum of weekly Garbage, Source Separated Recyclable Materials, and Source Separated Organic Waste measured in cubic yards.
2. If the de minimis waiver is granted, the Commercial Business shall notify the City if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.
3. If the de minimis waiver is granted, the Commercial Business shall provide written verification of continued eligibility for de minimis waiver to the City every five years.
B. Physical Space Waivers. The City may waive a Commercial Business’s or property owner’s obligation to comply with some or all of the Organic Waste collection service requirements of this chapter if the City has evidence from a licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City demonstrating that the premises or property lacks adequate space for the collection containers required for compliance with the Organic Waste collection service requirements set forth in this chapter.
A Commercial Business or property owner requesting a physical space waiver shall:
1. Submit an application to the City specifying the service or requirements for which it is requesting a waiver.
2. Provide documentation with the application for a physical space waiver that the premises or property lacks adequate space for Recycling Containers or Organics Containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City.
3. If the physical space waiver is granted, notify the City if the Commercial Business’s physical space configurations or amounts of Solid Waste generation change, in which case the physical space waiver may be rescinded.
4. If the physical space waiver is granted, provide written verification to the City of continued eligibility for a physical space waiver every five years.
C. Change of ownership of a Commercial Business or property automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.
D. Upon the determination of the City, a written notification of the approval or denial of a waiver shall be issued to the applicant. (Ord. 3523 § 2, 2022).