(A) At the completion of a covered project and prior to the final inspection, issuance of a temporary certificate of occupancy, or certificate of occupancy for the covered project by the city, the applicant shall submit a final report to the city that shall document that the applicant has met the diversion requirement for the project.
(1) This report shall be submitted either in writing or electronically, and on a form or via a method determined by the city.
(2) This final report shall include all of the following:
(a) The actual volume or weight of C&D debris that was generated by the covered project;
(b) The actual volume or weight of C&D debris that was diverted through reuse or recycling, and the vendors or facilities to which the C&D debris was transported for reuse or recycling;
(c) The actual volume or weight of C&D debris that was disposed, and the name of the facility at which it was disposed; and
(d) Any additional information that the applicant believes is relevant to determining its efforts to meet the diversion requirement.
(B) The final inspection of a covered project by the city will not be scheduled and a temporary certificate of occupancy or a certificate of occupancy will not be issued for any covered project, until and unless the Solid Waste Program Administrator certifies that an acceptable final report for the covered project has been submitted, and that the applicant has met the diversion requirement for the covered project or has made a good faith effort to comply.
(C) Applicants shall make reasonable efforts to ensure that all C&D debris diverted or disposed are measured and recorded using the most accurate method of measurement available.
(1) To the extent practical, the weight of all C&D debris shall be measured on scales.
(2) Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance.
(3) If weighing of C&D debris is not practical due to small size or other considerations, a volumetric measurement shall be used.
(4) For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion factors approved by the City Manager for this purpose.
(D) The Solid Waste Program Administrator shall review the report submitted under division (A) of this section and determine if the report is complete.
(1) If the Solid Waste Program Administrator determines that the report is incomplete, he or she shall return the report to the applicant with notes indicating the deficiencies.
(2) If the report is deemed to be complete, the Solid Waste Program Administrator shall determine the applicant's compliance status as follows:
(a) Full compliance. If the Solid Waste Program Administrator determines that the applicant has met the diversion requirement applicable to the project, he or she shall so inform the Building Department.
(b) Good faith effort to comply.
1. If the Solid Waste Program Administrator determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to meet the diversion requirement.
2. In making this determination, the Solid Waste Program Administrator 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 C&D debris.
3. If the Solid Waste Program Administrator determines that the applicant has made a good faith effort to meet the diversion requirement, he or she shall inform the Building Department, and shall release the performance security, or a portion thereof, to the applicant.
4. Any portion of the performance security not released to the applicant shall be forfeited to the city and shall be used to promote recycling within the city.
(c) Noncompliance.
1. If the Solid Waste Program Administrator determines that the applicant has not met the diversion requirement and has not made a good faith effort to comply, then the Solid Waste Program Administrator shall inform the Building Department, and the performance security shall be forfeited to the city.
2. All forfeited performance securities shall be used for the purposes of promoting recycling within the city.
(d) Amount of performance security forfeited. If an applicant has elected to retain a performance security with the city for more than one, or for future, covered projects, the amount of the performance security that shall be forfeited to the city in the event that the applicant fails to meet the diversion requirement for a covered project shall be based on the amount of the performance security applicable to that project, pursuant to § 8.09.040.
(Ord. 2003-08 § 2 (part), 2003)