§ 106-38. Exemptions.

(a)

Criteria. Exemptions from the requirement for solid waste collection for owners/occupants of commercial property shall be granted as follows:

(1)

Exemptions shall be granted by the director only on individual parcels that contain one individual commercial establishment, and where:

a.

The owner/occupant can demonstrate to the satisfaction of the director that the solid waste generated on the property is being disposed of on the property in conformance with all applicable rules and regulations; or

b.

The owner/occupant collects and transports the solid waste generated on the property, provided that:

1.

The solid waste is disposed of at a designated solid waste disposal area;

2.

The vehicles utilized are leased or owned solely by the owner/occupant;

3.

The personnel utilized are employed solely by the owner/occupant; and

4.

The owner/occupant has obtained a transportation license from the director in accordance with the provisions of this article.

(2)

An exemption may be granted where the property is receiving residential service pursuant to article III of this chapter.

(3)

No individual exemption shall be granted by the director until an application has been made in accordance with the provisions in this section.

(4)

No individual exemption shall be granted by the director which may result in the degradation of the environment or create unsightly conditions.

(5)

All individual exemptions granted by the director shall be for one year and may be withdrawn by the director if the conditions under which it was granted have changed.

(6)

Any person receiving an individual exemption shall not collect and remove solid waste generated on his property except in the manner proposed in the application for the individual exemption.

(b)

Procedure. The owner/occupant of any parcel of commercial property desiring an individual exemption may make application for such individual exemption to the director. The application shall be made on forms provided by the director and shall provide, at a minimum, the following information:

(1)

The name of the applicant;

(2)

The legal description of the property for which the individual exemption is sought;

(3)

The reason the individual exemption is sought;

(4)

The proposed method of collection, removal and, where applicable, disposal of solid waste if the individual exemption is granted; and

(5)

The ability to meet the requirements of subsection (a)(1)b. of this section, if applicable.

(c)

Revocation. If the director determines that solid waste is not being collected and disposed of in a proper, sanitary and effective manner from any improved real property for which an individual exemption has been issued, he shall revoke the individual exemption.

(Ord. No. 89-37, § VII, 9-21-89)