Sec. 22-3. - Mandatory service; exemptions.

(a)

Mandatory Service. Unless exempted pursuant to this section, the owners or occupants of all single-family, multi-family and commercial premises shall subscribe to weekly solid waste, recyclable materials, and organic waste collection services provided by an authorized county franchisee.

(b)

Exemptions, Generally. The owner or occupant, of any single-family, multi-family, or commercial premises may apply to the department to be exempt from the mandatory service requirement set forth in subsection (a) above. Such application shall be made on a form supplied by the department, and shall be granted provide the owner or occupant can demonstrate one (1) or more of the following to the department:

(1)

The premises are presently undeveloped, such that no discarded solid waste or organic waste is generated thereon;

(2)

The premises is inaccessible due to road conditions that render access to the premises by franchisee-provided trucks unsafe, severely impractical, or impossible, in the judgment of both county and franchisee;

(3)

The residential premises shares service with a neighboring residential premises with sufficient container size to accommodate the waste of two (2) households, and the shared service arrangement is approved by both county and its franchisee;

(4)

A commercial premises lacks adequate space for collection containers.

(c)

Exemptions for Commercial Businesses. The owner, or by special arrangement approved by the department, the occupant, of any commercial premises may apply to the department to be exempt from the mandatory service requirement for weekly organic waste collection services provided by an authorized county franchisee as set forth in subsection (a) above. Such application shall be made on a form supplied by the department, and shall be granted provided the owner or occupant can demonstrate one (1) or more of the following:

(1)

The commercial business' total solid waste collection service is two (2) cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty (20) gallons per week per applicable container of the business' total waste;

(2)

The commercial business' total solid waste collection service is less than two (2) cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

(3)

The commercial business maintains a back-haul program in compliance with the self-hauler requirements set forth in Section 22-16 of this chapter.

(d)

Scope of Mandate. The mandatory service requirement set forth in subsection (a), above, also shall not apply to any premises owned by a school district or university, city or county, the state of California, or the federal government.

(e)

Proof of Waiver Eligibility. Any owner or occupant that is granted a waiver under subsections (b) or (c) shall, at such intervals as are reasonably established by the department, provide proof to the department of compliance with the requirements set forth herein and any additional requirements or conditions imposed by the department.

(f)

Revocation. A waiver may be revoked by the director of transportation and public works or designee upon a finding that there is a violation of any of the requirements of this section or the exemption, or that an unsanitary condition, potential public health threat, environmental contamination or nuisance condition is being created.

(g)

Term of Waiver. Any waiver issued shall be valid for a period of five (5) years and is non-transferable. The exemption may be renewed at the end of such five-year period upon reapplication and demonstration that the terms and condition of the exemption(s) still exist.

(Ord. No. 6361, § II(Exh. A), 11-16-2021)