§ 54.13  COMPLIANCE.
   (A)   Documentation of C&D material diversion. Within 90 days after the completion of any covered project, the applicant shall submit to the Environmental Compliance Official documentation that it has met the diversion requirement for the project.  The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:
      (1)   Receipts and gate tickets from the vendor or facility, which collected or received C&D material showing the actual weight or volume of that material;
      (2)   A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each material diverted and transported for disposal in a landfill or transformation facility; and
      (3)   Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.
   (B)   Weighing of C&D materials. Applicants shall make reasonable efforts to ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available.  To the extent feasible, all C&D materials shall be weighed by measurement of scales.  Such scales shall be in compliance with all state and county regulatory requirements of accuracy and maintenance. For C&D materials for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.  For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.
   (C)   Determination of compliance and release of diversion security deposit. The Environmental Compliance Official shall review the information submitted under division (A) above, and determine whether the applicant has complied with the Construction and Demolition Materials Management Plan as follows:
      (1)   Full compliance. If the Environmental Compliance Official determines that the applicant has fully complied with the Construction and Demolition Materials Management Plan applicable to the project, the Environmental Compliance Official shall cause the full diversion security deposit to be released to the applicant.
      (2)   Good faith effort to comply. If the Environmental Compliance Official determines that the Construction and Demolition Materials Management Plan has not been complied with, the Environmental Compliance Official shall determine whether the applicant made a good faith effort to comply with this chapter.  In making this determination, the Environmental Compliance Official shall consider the availability of markets for the C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and the documented efforts of the applicant to divert C&D materials.  If the Environmental Compliance Official determines that the applicant has made a good faith effort to comply with this chapter, the Environmental Compliance Official shall approve the release of the diversion security deposit, or a portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the city, and shall be used for the purposes of promoting recycling within the city.
      (3)   Noncompliance. If the Environmental Compliance Official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by division (A) above, within the required time period, then the diversion security deposit shall be retained by the city.
      (4)   Partial refund. The Environmental Compliance Official may authorize a partial refund when less than 50% by weight of the construction and demolition material generated by the project was diverted from disposal at a landfill or transformation facility.  Any partial refund shall be in the same ratio as the demonstrated amount of diverted waste bears to 50% by weight of the total.
      (5)   Issuance of certificate of occupancy. The Building Department may issue a temporary certificate of occupancy prior to submittal by the applicant of all documentation required by this section.  The certificate of occupancy may be finalized upon receipt of all documentation.
      (6)   Refund of diversion security deposit. The Environmental Compliance Official shall authorize the refund of any diversion security deposit if the building or demolition permit application is withdrawn or cancelled before any work has begun.
      (7)   All diversion security deposits retained by the city shall be used only for:
         (a)   Payment of diversion security deposit refunds;
         (b)   Costs of administration of the program established by this chapter; and
         (c)   Cost of programs to achieve diversion of C&D materials from disposal at landfill or transformation facilities.
(Ord. 1214, passed 10-15-03)