(a) For residential projects, if it is infeasible for an applicant for an applicable project to comply with all requirements of section 68.516, the applicant may apply for a diversion infeasibility exemption. For the purposes of this section 68.517, "infeasible" means: (i) that there are no recycling, salvage approved C&D processing facilities, or C&D recycling facilities within a 50-mile radius of the project area or of any location from which the applicant regularly operates its business or stores its excavation, grading, construction, and/or demolition equipment; or, (ii) onsite reuse options are not available for all or part of the project's C&D. The applicant shall apply for the infeasibility exemption using an exemption form provided by the County and shall submit the exemption form at that same time the applicant submits the DMP required by section 68.514.
(b) If a DMP compliance official grants the applicant's request for an infeasibility exemption, the official shall determine an adjusted diversion requirement that specifies the percentage of C&D the applicant is required to recycle, reuse, or salvage. In reaching this determination, the DMP compliance official may consult with any State or local official and the applicant. The DMP compliance official shall issue a determination in writing and serve it under section 11.112 of this code.
(c) Within 15 days from the date the DMP compliance official serves the notice, the applicant shall submit a revised DMP or file an appeal under section 68.520.
(Added by Ord. No. 9840 (N.S.), effective 4-20-07; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10657 (N.S.), effective 3-13-20)