8.18.060 Waivers for generators.
A. De Minimis Waivers. The city may waive the obligations of commercial businesses (including commercial businesses that are multifamily residential dwellings) to comply with some or all of the organic waste requirements of this chapter if the commercial business provides documentation that the business generates below a specified amount of organic waste material in accordance with subsection (A)(2) of this section. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the requirements that they are requesting be waived and provide documentation as noted in subsection (A)(2) of this section.
2. Provide documentation that either:
a. The commercial business’s total solid waste collection service is two cubic yards or less 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
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 blue container or green container comprises less than ten gallons per week per applicable container of the business’s total waste.
3. Notify city if circumstances change such that commercial business’s organic waste exceeds thresholds required for waiver, in which case waiver will expire.
4. Provide written verification of eligibility for de minimis waiver every five years, following city approval of a de minimis waiver.
B. Physical Space Waivers. The city may waive the obligations of a commercial business (including the obligations of commercial businesses that are multifamily residential dwellings) or those of property owners to comply with some or all of the recyclable materials and/or organic waste collection service requirements in this chapter if the city has satisfactory 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 Section 8.18.050.
A commercial business or property owner may request a physical space waiver by:
1. Submitting an application form specifying the type(s) of collection services which they are requesting be waived.
2. Providing documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Providing written verification to the city that the commercial business or property owner is still eligible for physical space waiver every five years, once the city has approved an application for a physical space waiver.
(Ord. 2800 NCS §3 (Exh. A), 2021.)