8.04.214 Waivers for multifamily premises and commercial premises.
A. De Minimis Waivers for Multifamily Premises and Commercial Premises. The city or its designee may waive a responsible party’s obligation to comply with some or all recyclable materials and organic waste requirements set forth in 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 (A)(2) of this section. For the purposes of subsections (A)(1) and (A)(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. Hauling through paper shredding service providers or other incidental services may be considered in granting a de minimis waiver.
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 or its designee 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 or its designee 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 Section 8.04.212 or 8.04.213 as applicable. Commercial businesses and multifamily premises should defer to the city’s engineering standards for trash enclosure specifications.
C. Review and Approval of Waivers (De Minimis or Physical Space). Waivers shall be granted to responsible parties by the city or its designee according to the following process:
1. Responsible parties of premises seeking waivers shall submit a completed application form to the city’s designee, or the city if there is no 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, the city’s designee, or the city if there is no designee, shall specify that the waiver is valid for the following duration:
a. For commercial premises, five years, or if property ownership changes, or if occupancy changes, whichever occurs first.
b. For multifamily premises, five years, or if property ownership changes, or if the property manager changes, whichever occurs first.
3. Waiver holder shall notify city’s designee, or the city if there is no designee, 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 and/or its designee for any on-site assessment of the appropriateness of the waiver.
5. Waiver holder shall reapply to the city’s designee, or the city if there is no 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 and/or its designee. Failure to submit a completed application shall equate to an automatic denial of said application.
6. The city or its designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.
7. If the city or its designee does not approve a waiver application or revokes a waiver, the waiver applicant may appeal the decision for additional review pursuant to Chapter 1.20. The city may also, after meeting and conferring with the designee, direct the designee to approve the waiver application and/or repeal the revocation of the waiver. (Ord. 1706 § 21, 2021)