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(A) (1) Application for an exemption. If an applicant believes it is not feasible to comply with the diversion requirements of this chapter due to the circumstances delineated in this section, the applicant may apply for an exemption at the time that he or she submits the required C&DMMP. Exemptions may be granted based on the approval of the Environmental Compliance Official and the following considerations:
(a) Lack of storage space onsite;
(b) Contamination by hazardous substances; or
(c) Low recyclability of specific materials.
(2) The applicant shall indicate on the C&DMMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.
(B) Exempt projects. No Construction and Demolition Materials Management Plan shall be required for any of the following:
(1) Work for which a building permit is not required by this Code;
(2) Work for which a demolition permit is not required by this Code;
(3) Projects for which only a plumbing permit, electrical permit or mechanical permit is required;
(4) Roofing projects that do not include removal of the existing roof; or
(5) Demolition or construction required to protect public health or safety in an emergency, as defined in Cal. Pub. Res. Code § 21060.3.
(C) Meeting with the Environmental Compliance Official. The Environmental Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the division requirement. The Environmental Compliance Official may request that staff from the Environmental Services Division attend this meeting or may require the applicant to request a separate meeting with Environmental Services Division staff. Based on the information supplied by the applicant and, if applicable, Environmental Services Staff, the Environmental Compliance Official shall determine whether it is possible for the applicant to meet the division requirement.
(D) Granting of exemption. If the Environmental Compliance Official determines that it is in-feasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the C&DMMP submitted by the applicant. The Environmental Compliance Official shall return a copy of the C&DMMP to the applicant marked “approved exemption” and shall notify the Building Official that the C&DMMP has been approved.
(E) Denial of exemption. If the Environmental Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall inform the applicant in writing. The applicant shall have 30 days to resubmit a C&DMMP form in full compliance with § 53.10(A). If the applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with § 53.10(A), the Environmental Compliance Official shall deny the C&DMMP.
(Ord. 1214, passed 10-15-03)