The Building Official shall review the information submitted under § 54.10 and determine whether the applicant has complied with the requirements of this chapter as follows:
(A) Full compliance. If the Building Official determines that the applicant has fully complied with the requirements of this chapter, the Building Official shall authorize that the full Diversion Security Deposit, less the administrative fee, if applicable, be released to the applicant.
(B) Noncompliance; but good faith effort. If the Building Official finds that less than 50% of the project waste was diverted from disposal at a landfill, the Building Official shall determine whether the applicant made a good faith effort to comply with this chapter. When making this determination the Building Official shall consider the availability of markets for the C&D materials transported for disposal in a landfill, the size of the project, and the documented efforts of the applicant to divert C&D materials. If the Building Official determines that the applicant has made a good faith effort to comply with this chapter, the Building Official shall approve the release of the diversion security deposit, or a portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the city and shall be used for the purposes of promoting recycling within the city.
(C) Noncompliance. If the Building Official finds that less than 50% of the project waste was diverted from disposal at a landfill, and if the Building 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 § 54.10 within the required time period, then the diversion security deposit shall be retained by the city.
(D) Refund. The Building Official shall authorize the refund of any diversion security deposit if the building, demolition, or grading permit application is withdrawn or cancelled before any work has begun.
(E) All diversion security deposits retained by the city shall be used only for:
(1) Payment of diversion security deposit refunds;
(2) Costs of administration of the program established by this chapter; and
(3) Costs of programs to achieve diversion of C&D materials required by this chapter.
(Ord. 557-C.S., passed 12-6-05)