18.02.180 Waivers.
Pursuant to 14 CCR Section 18984.11, the town may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the town manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests:
A. De Minimis Waivers. The town may waive a commercial business’s obligation to comply with some or all the organic waste collection service if the commercial business meets the following requirements:
1. Submit an application specifying the type of waiver requested and provide documentation as described below.
2. Provide documentation that either:
a. The commercial business receives two cubic yards or more per week of service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than twenty gallons per week of the business’s total weekly solid waste; or
b. The commercial business receives less than two cubic yards of weekly service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than ten gallons per week of the business’s total weekly solid waste volume.
c. For the purposes of subsections (A)(2)(a) and (b) of this section, weekly solid waste shall be the sum of weekly volume of all collection containers measured in cubic yards.
3. Notify the town if circumstances change such that volume of commercial business’s disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town and authorized collector) exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.
B. Physical Space Waivers. The town may waive a commercial business’s obligations to comply with some or all of the commercial generator requirements if the town has evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic materials collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
2. Provide documentation that the premises lacks adequate space for the approved recycling collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.
3. Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver. (Ord. 649 § 3, 2021)