Tracy Municipal Code Art. 3 Requirements to Take Service—Prohibition on Accumulation and Disposal of…

The owner, occupant, or owner-occupant, as the case may be, of every occupied residential dwelling shall pay the lawful established collection rates for the removal of refuse, recyclable materials, and organic materials from such premises. Subscription to all services is mandatory. Generators shall place such materials in designated containers provided by the contractor for collection by the contractor in accordance with this chapter and all applicable laws.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

The owner, occupant, or owner-occupant, as the case may be, of every occupied commercial, industrial, and institutional structure in the City, are jointly and severally responsible to subscribe with the City for service, and to pay the lawful established rates for the removal of refuse and recycling from the premise, and shall place such materials in containers provided for collection by the contractor in accordance with all applicable provisions of this Chapter, except as otherwise provided herein. Beginning January 1, 2022, organic material subscription is mandatory for commercial and industrial owners, occupants, or owner-occupants, unless a waiver is granted pursuant to § 5.20.050.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)

Commercial businesses may request the following de minimis, physical space, and/or collection frequency waivers as described as follows:

(a) De Minimis Waivers. A de minimis waiver may be requested to comply with some or all of the organic waste requirements of this Chapter if a business generates below a certain amount of organic material. Businesses requesting waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver.

(2) Notify the City if circumstances change such that business' organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(3) Provide written verification to the City of eligibility (for de minimis waiver) every five (5) years, if the City has approved de minimis waiver.

(b) Physical space waivers. A physical space waiver may be requested if a commercial business or property owner documents that the premises lacks adequate space for organic waste and/or recyclables containers. Commercial business, business owner, or property owner requesting waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver from.

(2) Provide documentation that the premises lacks adequate space for organic and/or recyclables containers.

(3) Provide written verification to the City of eligibility for physical space waiver every five (5) years, if the City has approved application for waiver.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)