8.08.065 Waivers.*
A. Pursuant to 14 CCR Section 18984.11, the City may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their requests in a form specified by the City Manager or his/her designee. After reviewing the waiver request, and after an on-site review, if applicable, the City Manager or his/her designee may either approve or deny the following waiver requests.
1. De Minimis Waivers. The City may waive a commercial business’s obligation to comply with some or all the requirements of Section 8.08.050 if the commercial business meets the following requirements:
a. Submit an application specifying the type of waiver requested and provide documentation as described below.
b. Provide documentation 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 blue container or green container comprises less than twenty 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 blue container or green container comprises less than ten gallons per week per applicable container of the business’s total waste; and
iii. Notifies the City if circumstances change such that commercial business’s organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded.
2. Physical Space Waivers. The City may, at its discretion, waive a commercial business’s or property owner’s obligations (including multifamily 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 lack 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:
a. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
b. Provide documentation that the premises lack adequate space for blue containers and/or green containers, including documentation from its hauler, licensed architect, or licensed engineer.
c. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.
3. Collection Frequency Waivers. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s organic waste collection service to arrange for the collection of their containers once every fourteen days, rather than once per week. (Ord. 2022-03 § 2, 2022.)
* Code reviser’s note: Ord. 2022-03 added this section as 8.08.060. It has been editorially renumbered to avoid duplication of numbering.