Food and Yard Waste Program Compliance Waiver

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Background Information

Owners or occupants of commercial and multi-family properties (6 units or more) in the City of Chula Vista are required to comply with food and yard waste recycling requirements per State regulations for mandatory organic waste recycling (SB 1383). These requirements include separating organic materials and subscribing to organic materials collection services from the City’s franchised service provider, Republic Services. Subscribing to collection services may be waived if the premises’ responsible party is granted a waiver, self-hauls recyclable and/or organic materials to a facility that reuses, salvages, recycles, or processes the materials, or meets exemption criteria of the City of Chula Vista Municipal code.

 

Designated Organic Materials

  • Yard Trimmings
  • Nonhazardous/unpainted/untreated wood waste
  • Food waste and food-soiled paper

 

The following type of waiver is available for qualifying commercial and multi-family premises for the circumstances described below. A full copy of the City of Chula Vista Municipal Code (8.24 and 8.25) is available here.

 

Type of Waiver

Criteria

De Minimis

The City may waive a Commercial or multi-family property’s obligation to comply with the organic waste requirements of this chapter if documentation is provided demonstrating that the property generates below a certain amount of organic waste material (de minimis) as described in the City’s Municipal Code 8.25.035

 

Physical Space

The City may waive a Commercial or multi-family property owner’s obligation to comply with the organic waste collection service requirements if the City has evidence that the premises or property lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in the City’s Municipal Code 8.25.035

 

How to apply for a waiver from the City of Chula Vista

To apply for a waiver from the requirement to subscribe to organic materials collection service, the following steps must be completed:

  1. The owner or operator of the premises must fill out the information in the form below and provide all documentation required by this form.
  2. The owner or operator of the premises must sign and submit this form.
  3. An on-site inspection by City staff is required to verify waiver eligibility.
  4. Receive a confirmation email or letter from the City of Chula Vista that the waiver(s) have been approved or denied. The email or letter will be sent to the contact on this form.

Section 1: Property and Contact Information

Please provide the following information:

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Section 1: Property and Contact Information Please provide the following information:
Type of Property (Check one)
Type of Property (Check one)
Applicant Contact Information
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Applicant Contact Information
Section 2: Current Service Levels

Please list your existing solid waste, recyclable materials, and organic materials collection service levels in the table below, using a separate line for each container type:

Container Type (Cart or Dumpster) Container Quantity # Pickups Per Week Hauler Name
Solid Waste
Solid Waste
Recyclable Materials
Recyclable Materials
Organic Materials
Organic Materials


Waiver
for Commercial and Multi-family Properties (6 units or more)

 

De Minimis Waiver

The commercial or multi-family property total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recycling container or organics container comprises less than 20 gallons per week per applicable container of the business’s total waste; or the commercial or multi-family property’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recycling  container or organics container comprises less than 10 gallons per week per applicable container of the business’s total waste.

 

Physical Space Waiver

  1. Submit an application to the City specifying the service or requirements for which it is requesting a waiver.
  2. Provide documentation with the application for a physical space waiver that the premises or  property lacks adequate space for Recycling Containers or Organics Containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other individual or Entity authorized by the City.
  3. If the physical space waiver is granted, notify the City if the Commercial or multi-family’s physical space configurations or amounts of Solid Waste generation change, in which case the physical space waiver may be rescinded.
  4. If the physical space waiver is granted, provide written verification to the City of continued eligibility for a physical space waiver every five years.

 

Backhaul/Self Haul

Backhauls/Self-Haulers that are commercial or multi-family properties, shall keep a record of the amount of organic waste delivered to each State permit solid waste facility, operation, activity, or property, that processes or recovers organic waste. This record shall be subject to Inspection by City. The records shall include the following information:  

  1. Delivery receipts and weight tickets from the entity accepting the waste.  
  2. The amount of material in cubic yards or tons transported by the generator to each entity.  
  3. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the backhaul/self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the backhaul/self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

Section 3: Waiver Type and Required Documentation

Select the waiver for which you are applying and provide the documentation with your application. Checking the box confirms that you believe you meet the requirements listed.

Section 3: Waiver Type and Required Documentation Select the waiver for which you are applying and provide the documentation with your application. Checking the box confirms that you believe you meet the requirements listed.
Please provide supporting documents below:

Section 4: Application Verification

To be considered for a waiver, the applicant agrees to the following:

  1. If granted a waiver, the waiver holder will notify the city of Chula Vista if circumstances change such as they no longer meet the requirements for the waiver granted, in which case the waiver will be rescinded.
  2. The waiver holder must cooperate with the city of Chula Vista and/or their hauler for compliance inspections and enforcement as per code 8.25
  3. The city of Chula Vista may revoke a waiver upon determination that any of the circumstances justifying a waiver are no longer applicable.
 
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  1. To receive a copy of your submission, please fill out your email address below and submit.