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