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Sec. 16-36.5. - Waivers for generators. Commercial businesses and multifamily residential buildings with five (5) or more units may apply for waivers from the organic waste diversion requirements of this article where practical difficulties make it impossible or extremely difficult to carry out the strict letter of those requirements with respect to any particular premises. Under these circumstances, the executive director may issue waivers authorizing variations from the provisions of this article, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the city. Special written permits include de minimis waivers and physical space waivers, as described below. (a) De minimis waivers. The city may waive the obligation by a commercial business or a multifamily residential building with 5 units or more to comply with some or all of the organic waste diversion requirements of this article if the commercial business or multifamily residential building provides documentation, or if the city has evidence demonstrating, that the business or multifamily residential building generates below a certain amount of organic waste material as described in this section. Commercial businesses or multifamily residential buildings requesting a de minimis waiver shall: (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below. (2) Provide documentation that either: (A) The commercial business' or multifamily residential building's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or (B) The commercial business' or multifamily residential building'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 10 gallons per week per applicable container of the business' total waste. (3) Notify city if circumstances change such that commercial business's or multifamily residential building's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded. (4) Apply and provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved application for a de minimis waiver. (b) Physical space waivers. The city may waive the obligation by a commercial business or a multifamily residential building with 5 units or more, 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, the hauler, or evidence provided by a licensed architect or licensed engineer and verified by the city or hauler, demonstrating that the Ordinance No. NS-3017 Page 29 of 42