De Minimis Waiver

Eligibility Criteria

  • 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 or commercial property is not one of the following ineligible business types:
    • Business requiring a permit from the Santa Clara County Department of Environmental Health under their Food Safety Program.
    • Business that produces food, including:
      • 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, including:
      • 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
      • Hospital
      • Event venue
      • Convention center
      • Arena
      • Community center
    • Other business:
      • Plant business (nurseries, landscapers,  florists or related business)

      NOTE: Businesses that self-haul, back-haul, and/or donate their food scraps must have all required documentation approved before  submitting a De Minimis Waiver application.

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