6.08.160 Waivers.
A. General. The City Manager or designee may grant waivers of organics collection requirements under this chapter to a commercial businesses based on physical space limitations and/or de minimis volume generated at such commercial business. Commercial businesses seeking a waiver shall submit their request in a form specified by the City Manager or designee. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager or designee may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five (5) years, and shall notify the City if circumstances change such that they are no longer eligible for such waiver, in which case the waiver will be rescinded.
B. De Minimis Waivers. The city manager or designee may waive a commercial business’s obligation to comply with some or all the organic waste collection service requirements of this chapter if the commercial business meets the following requirements:
1. Submit an application, with any application fee established by resolution of the City Council, specifying the type of waiver requested and provide documentation as described below.
2. Provide documentation that either:
a. The commercial business receives two (2) or more cubic yards of weekly solid waste collection service (including garbage, recyclable material and organic materials) and organic materials subject to collection comprises less than twenty (20) gallons per week of the business’s total weekly solid waste volume; or
b. The commercial business receives less than two (2) cubic yards of weekly solid waste collection service (including garbage, recyclable material and organic materials) and organic materials subject to collection comprises less than ten (10) gallons per week of the business’s total weekly solid waste volume.
c. For the purposes of subsections (B)(2)(a) and (b) of this section, weekly solid waste collection shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.
C. Physical Space Waivers. The City Manager or designee may waive a commercial business’s obligations to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the collection service requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form, with any application fee established by resolution of the City Council, specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
2. Provide documentation that the premises lack adequate space for the approved recyclable materials collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer. (Ord. 1056 § 2 (Exh. A), 2022)