8.04.260 Waivers for multifamily premises and commercial premises.
A. De Minimis Waivers for Multifamily Premises and Commercial Premises that Are Not in Low-Population Areas. The city may waive a responsible party’s obligation to comply with some or all recyclable materials and/or organic waste requirements of this chapter if the responsible party of the commercial business or multifamily premises provides documentation that the commercial business or multifamily premises meets one of the criteria in subsections (A)(1) and (2) of this section. For the purposes of subsections (A)(1) and (2) of this section, the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.
1. The commercial business’s or multifamily premises’ total solid waste collection service is two cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than twenty gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty gallons per week or organic materials in the organic materials stream are less than twenty gallons per week); or
2. The commercial business’s or multifamily premises’ total solid waste collection service is less than two cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten gallons per week per applicable material stream of the multifamily premises’ or commercial business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than ten gallons per week or organic materials in the organic materials stream are less than ten gallons per week).
B. Physical Space Waivers. The city may waive a commercial business’s or multifamily premises’ obligation 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 lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of Sections 8.04.230 and 8.04.240 as applicable.
C. Review and Approval of Waivers by City. Waivers shall be granted to responsible parties by city according to the following process:
1. Responsible parties of premises seeking waivers shall submit a completed application form to the city manager or their designee for a waiver specifying the waiver type requested, type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver, and documentation supporting such request.
2. Upon waiver approval, city shall specify that the waiver is valid for five years.
3. Waiver holder shall notify city if circumstances change such that commercial business’s or multifamily premises may no longer qualify for the waiver granted, in which case waiver will be rescinded.
4. Any waiver holder must cooperate with the city for compliance inspections and enforcement as stated in Sections 8.04.320 and 8.04.330.
5. Waiver holder shall reapply to the city manager or their designee for a waiver upon the expiration of the waiver period and shall submit any required documentation, and/or fees/payments as required by the city. Failure to submit a completed application shall equate to an automatic denial of said application.
6. The city manager may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable. (Ord. 2021-06 § 2 (Exh. A), 2021)