8.32.160 Generator requirements—Waivers for commercial and multifamily generators.
Commercial businesses and multifamily dwellings may apply for waivers where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this chapter with respect to any particular premises or where unnecessary hardship will be caused by complying with this chapter with respect to any particular premises. Under these circumstances, the city manager or their designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the city. Special written permits include:
A. De Minimis Waivers. The city may waive a commercial business or multifamily dwelling’s obligation to comply with some or all of the source separated organic materials collection requirements of this chapter if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subsection (A)(1) of this section. Commercial businesses and multifamily dwellings requesting a de minimis waiver shall:
1. Submit an application specifying the services that the generator is requesting a waiver from and provide documentation that either:
a. 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 recyclable materials or organic materials container comprises less than twenty gallons per week per applicable container of the business’s total waste; or
b. 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 recyclable materials or organic materials container comprises less than ten gallons per week per applicable container of the business’s total waste.
2. Notify the city if circumstances change such that commercial business’s waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.
3. Provide written verification of eligibility for de minimis waiver every five years, if the city has approved the de minimis waiver.
B. Physical Space Waivers. The city may waive a commercial business’s or multifamily property owner’s obligations to comply with some or all of the organic waste collection service requirements if the city has evidence from its own staff, a collector, licensed architect, or licensed engineer, demonstrating that the premises lack adequate space for compliance with the organic waste collection requirements of this chapter.
A physical space waiver may also be requested if a commercial business or property owner documents that the premises lacks adequate space for source separated organic materials and recyclable materials containers.
Commercial business, business owner, or property owner requesting a physical space waiver shall:
1. Submit an application form 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 organic materials containers including documentation from its collector, licensed architect, or licensed engineer.
3. Provide written verification to city that it is still eligible for physical space waiver every five years, if city has approved application for a physical space waiver.
C. Collection Frequency Waivers. The city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the organic waste generator including owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s collection service to arrange for the collection of their recyclable materials container, solid waste container, or both once every fourteen days, rather than once per week. (Ord. 5076 § 16, 2022)