San José Municipal Code requires San José businesses to have organic waste service collection through the exclusive franchised hauler, Republic Services.

If a business or commercial property does not generate significant organic waste, they may qualify for a De Minimis Waiver. If a commercial property has significant physical space constraints prohibiting service adjustments to incorporate organic service (a.k.a. Wet service), they may qualify for a Physical Space Constraints Waiver.

PHYSICAL SPACE CONSTRAINTS WAIVER 

Eligibility Criteria

• Business or commercial property is located in the City of San José.
• Business or commercial property can demonstrate it is unable to accommodate adequate space for a Republic Services-issued ‘Wet’ cart or container for organic waste collection.
• Business or commercial property is not one of the following:
  • A new construction building project in the planning phase

  • A tenant improvement project in the alterations phase

DE MINIMIS WAIVER (a.k.a. minimal generation of organic waste) 

• Business or commercial property is located in the City of San José 
• Business or commercial property does not generate significant levels of organic material, in accordance with California Code of Regulations, tit. 14, section 18984.11, subdivision (a)(1)*:
  • Your business or commercial property generates 2 cubic yards (196 gal) or more of solid waste per week, and less than 20 gallons is organics OR
  • Your business or commercial property generates less than 2 cubic yards (196 gal) of solid waste per week, and less than 10 gallons is organics 

• Business is not one of the following ineligible business types:
  • Business that requires a permit from the Santa Clara County Department of Environmental Health under their Food Safety Program
  • Business that makes food:

    • Restaurant

    • Food service business (caterer, food pantry/closet, or any business that sells or serves food)

    • Food manufacturer

    • Wholesale food vendor

    •   Grocery store

    • Supermarket

    • Market/mini-mart serving coffee and/or selling food

  • Business that serves food:

    • Gas station serving coffee and/or selling food

    • School

    • Office campus with café on-site

    • Hotel/motel providing food service

    • Cinema

    • Theater

    • Child care facility

    • Senior care facility

    • Hospital

    • Event venue

    • Convention center

    • Arena

    • Community center

  • Other business

    • Plant business (nurseries, landscapers, florist, etcetera)

Business or commercial property owners with a Republic Services account that meet the eligibility criteria outlined above can begin the application process by selecting the button corresponding to their desired waiver type.