8.05.040  Diversion Requirement Exemption.
   A.   Application.  If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it infeasible to comply with the Diversion Requirement, the Applicant may apply for a Diversion Requirement exemption at the time that he/she submits the WMP required under Section 8.05.060 of this Chapter.
   B.   Meeting with Compliance Official.  The WMP Compliance Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss feasible ways of meeting the Diversion Requirement.  Based on the information supplied by the Applicant, the WMP Compliance Official shall determine whether it is feasible for the Applicant to meet the Diversion Requirement.
   C.   Granting of Exemption.  If the WMP Compliance Official determines that it is infeasible for the Applicant to meet the Diversion Requirements, he/she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new Diversion Requirement the Applicant shall be required to meet, and will inform the Applicant in writing of the new requirement.  The Applicant shall resubmit another WMP, which is in compliance with the new Diversion Requirement.  If the Applicant fails to resubmit, or if the resubmitted WMP does not comply with Section 8.05.060 herein, the WMP Compliance Official shall disapprove the WMP in accordance with Section 8.05.060.