a. Documentation. Prior to the completion of any covered project, the applicant shall submit documentation that clearly demonstrates that the project has met the diversion requirement established by this section. This documentation shall include the following:
1. A copy of the previously approved project WMP with the addition of recyclable and/or reusable C&D and refuse waste volume or weight data entered in Section II of the form;
2. Receipts, tickets, or any other documentation from certified C&D recovery facilities that documents disposal for each C&D debris material type by weight or volume and clearly indicates whether each material was landfilled or recycled; and
3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this section.
b. Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or to other considerations as determined by the official, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the Town for this purpose.
1. Full compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement of this section, such compliance shall be indicated on the WMP.
2. Good faith effort to comply. If the diversion requirement has not been achieved, the WMP compliance official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project and the documented efforts of the applicant to divert the C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this section, such determination shall be indicated on the WMP.
d. Noncompliance. If the WMP compliance official determines that the applicant has not fully complied nor made a good faith effort to comply with the diversion requirement pursuant to subsection c. above, the Town shall withhold final project approvalfor all permits associated with the WMP. Final project approval may be granted once the applicant provides satisfactory proof of compliance, good faith efforts or payment of the civil penalty provided for below.
In addition, to withholding project approval and other remedies provided for in this Code, the Town may impose a civil penalty on the applicant equal to one percent (1%) of the total cost of the project, up to a maximum of one thousand dollars ($1,000). The Town may petition the appropriate court to impose, assess, and recover these civil penalties.
(Ord. 2009-05, § 1; Ord. 2010-07, § 1)