a. Application. An applicant for a covered project may apply for an infeasibility exemption from the diversion requirement at the time that the WMP is submitted as required under subsection 10-10.7. The request for exemption must set forth the unique circumstances making compliance infeasible. The applicant shall indicate on the WMP the minimum rate of diversion that is feasible for each material and the specific circumstances that makes it infeasible to comply with the diversion requirement. Increased costs to the applicant generally will not be sufficient basis for an exemption unless such costs are extraordinary.
b. Meeting with the official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The WMP compliance official may request staff from the CCCSWA to attend this meeting or may require the applicant to request a separate meeting with CCCSWA staff. Based on the information supplied by the applicant and, if applicable, CCCSWA staff, 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 requirement due to unique circumstances, the WMP compliance official shall determine the minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked "Approved for Infeasibility Exemption."
d. Denial of exemption. If the WMP compliance official determines that it is feasible for the applicant to meet the diversion requirement, the official shall so inform the applicant in writing and the applicant shall resubmit a WMP form in compliance with Section 10-10.7.
(Ord. 2009-05, § 1)