(a) Documentation. Within 30 days after the completion of construction for any covered project, the applicant shall submit documentation demonstrating achievement of the diversion requirement for the project to the Compliance Official. 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 on the form;
(2) Original receipts, tickets, or any other documentation from Designated 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 Chapter.
(b) Weighing of Wastes. Applicant 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 Compliance 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 City for this purpose.
(c) Determination of compliance. The Compliance Official shall consider the information submitted pursuant to subsection 4.13.080(a) above, in order to determine whether the applicant has complied with the diversion requirement as follows:
(1) Full compliance. If the reviewing Compliance Official determines that the applicant has fully complied with the diversion requirement of this Chapter, such compliance shall be indicated on the WMP.
(2) Less Than Full Compliance. If the WMP Compliance Official finds that the applicant has not satisfied the diversion requirement for the project, the Official shall calculate the applicant's percentage rate of compliance. The Compliance Official shall then determine whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the Official shall consider the availability of markets for the C&D debris, the size of the project and the documented efforts of the applicant to divert the C&D debris. The Official shall then authorize the release of some or all of the deposit to the applicant. At a minimum, the applicant shall be entitled to a release of that portion of the diversion security deposit which equals the applicant's percentage rate of compliance. Therefore, if the applicant has achieved 60% of the diversion requirement for the project, the Official shall release at least 60% of the diversion security deposit. The Official shall furnish the applicant in writing with the method by which the Official calculated the applicant's percentage of compliance and the reasons for the Official's determination of the amount of the deposit to be released to the applicant.
(3) Non-compliance. If the 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 subsection (a) of this Section within the required time period, then the applicant shall be in violation of this Chapter and the entire diversion security deposit shall be deemed forfeited.
(Ord. 957 § 3 (part), 2018)