(a) Application. Prior to commencing demolition or construction for a covered project, an applicant desiring relief from the requirements of this Chapter may seek an exemption from the requirements herein. Said request for an exemption shall be made at the time that the WMP is submitted as required under Section 4.13.060 (a). 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. "Infeasible" means that there is no Designated C&D Recycling Facility within a 50 mile radius of the project area, the location(s) from which the applicant regularly operates its business, or stores its construction or demolition equipment or the applicant will reuse all of the debris from the project onsite. Granting the exemption will not constitute a grant of special privilege inconsistent with limitations imposed on like projects.
(b) Meeting with the Compliance Official. The 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 Compliance Official may request staff from the Designated C&D Recovery Facility to attend this meeting. Based on the information supplied by the applicant and, if applicable, the Designated C&D Recovery Facility staff, the Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.
(c) Granting of exemption. If the Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances as set forth in subsection (a) above, the Compliance Official shall determine the minimum feasible diversion rate for each material, if any, and shall indicate this rate on the WMP submitted by the applicant. The Compliance Official shall return a copy of the WMP to the applicant marked "Approved for Infeasibility Exemption."
(d) Denial of exemption. If the Compliance Official determines that the requirements of this subsection (a) are not met, he/she shall furnish the decision to the applicant in writing.
(Ord. 957 § 3 (part), 2018)