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10A Action 2011 1121
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10A Action 2011 1121
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11/15/2011 5:42:36 PM
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11/15/2011 5:42:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/21/2011
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_CC Agenda 2011 1121
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Attachment 2 <br />DRAFT <br />(d) Physical Space Waiver. The Enforcement Official may waive some or all of the <br />requirements of Sections 4 or 5, as appropriate, if documentation satisfactory to <br />the Enforcement Official is provided that physical space limitations prevent full <br />compliance with these Sections. A Waste Generator or Property Owner seeking <br />this waiver must provide documentation from service providers, licensed <br />architects or engineers, or building officials from a Covered Jurisdiction that <br />demonstrates that the Waste Generator or Property Owner does not have adequate <br />space for containers for Covered Material and cannot obtain collection services <br />that direct Solid Waste to High Diversion Mixed Waste Processing Facilities. <br />(e) Financial Hardship Waiver. The Enforcement Official may waive some or all of <br />the requirements of Sections 4 or 5, as appropriate, if documentation satisfactory <br />to the Enforcement Official is provided that compliance with the Ordinance <br />would create a financial hardship for a Property Owner. Hardship exists when <br />implementation of this Ordinance will increase Solid Waste collection service <br />bills for a particular collection location by more than 30% per typical billing <br />period as compared with the cost of Solid Waste collection services in the absence <br />of this Ordinance and State laws requiring recycling services at Businesses and <br />Multi - Family Buildings. Hardship also exists when the sum of the change in <br />billing described in the previous sentence plus the amortized costs of Solid Waste <br />enclosures or other physical modifications necessary to house additional <br />containers collected by truck, if such construction is required by Federal, State, or <br />Local laws or regulations, exceeds 30% of the cost of Solid Waste collection <br />services in the absence of this Ordinance and State laws requiring recycling <br />services at Businesses and Multi- Family Buildings. Eligible construction costs <br />shall be amortized over an appropriate period for such costs based on Internal <br />Revenue Service or alternative authoritative guidance or standards. The financial <br />hardship calculation shall take into consideration the cost savings potential of <br />decreasing Refuse or Solid Waste service levels, and opportunities to reduce Solid <br />Waste bills through changes in service providers, when that is legal within the <br />relevant Covered Jurisdiction(s). The Enforcement Official may require <br />compliance with some, but not all, requirements of this Ordinance if necessary to <br />limit the increase in eligible costs to less than 30 %. <br />(f) Unavailable Service Waiver. The Enforcement Official may waive some or all of <br />the requirements of Sections 4 or 5, as appropriate, if documentation satisfactory <br />to the Enforcement Official is provided that neither separate collection for <br />Covered Materials nor the service of a High Diversion Mixed Waste Processing <br />Facility is available. <br />(g) Compliance Schedule Waiver. Any Waste Generator or Property Owner (or <br />Covered Jurisdiction on behalf of Waste Generators or Property Owners in its <br />service area) may seek a waiver from the Enforcement Official by presenting <br />evidence that more time is needed to fully implement a compliant program, and <br />by providing a complete written proposal stating when full compliance will be <br />achieved. If a compliance schedule waiver is granted, the Waste Generator or <br />Property Owner or Covered Jurisdiction shall demonstrate on an on -going basis <br />12 <br />
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