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A. Diversion from Landfill Waste Required. Construction and demolition debris shall be diverted from the landfill waste stream for recycling at the rates, measured by weight, set forth in the following subsections B and C.
B. Initial Diversion Requirements. For all covered projects for which a building or demolition permit application is submitted on or after January 1, 2011, at least fifty percent (50%) of construction and demolition debris shall be recycled in accordance with a waste reduction and recycling plan that complies with Section 15.54.080 of this chapter.
C. Subsequent Diversion Requirements. For all covered projects for which a building or demolition permit application is submitted on or after January 1, 2012, at least seventy-five percent (75%) of construction and demolition debris shall be recycled in accordance with a waste reduction and recycling plan that complies with Section 15.54.080 of this chapter.
(MC-5-2010, § 2, 10/19/2010)
A. Waste Reduction and Recycling Plan Required. For covered projects, prior to issuance of a building or demolition permit, the applicant shall complete and submit to the department a waste reduction and recycling plan on a form provided by the department. No building or demolition permit will be issued for a covered project unless and until the Director has reviewed and approved the project's waste reduction and recycling plan.
B. Contents of Plan. The waste reduction and recycling plan shall include the information specified in the following paragraphs. Where an applicant is unable to ascertain all of the required facts, the applicant shall provide the best estimate based on all information reasonably available about the covered project.
1. Identification of materials to be diverted from disposal to recycling;
2. A description of whether and to what extent materials will be separated on-site or co-mingled;
3. The estimated weight of construction and demolition debris, divided between inert debris and other debris;
4. The estimated weight of the inert and other construction and demolition debris that can be diverted from disposal to recycling;
5. The estimated weight of the inert and other construction and demolition debris that will be disposed of as solid waste;
6. The identification of the vendors or facilities that will collect or receive the construction or demolition debris, and such information as the Director may require demonstrating that the vendor or facility will recycle all construction and demolition debris collected or received for that purpose from the covered project;
7. The estimated date on which demolition and/or construction is to commence;
8. Agreement by the general contractor for the covered project to comply with all of the terms of the waste reduction and recycling plan and this Chapter; and
9. Such other information as the Director may require in order to determine that the proposed plan complies with this Chapter.
C. Criteria for Plan Approval. A waste reduction and recycling plan shall be approved only if the Director determines that:
1. The plan contains all of the information required by this Chapter; and
2. The plan demonstrates compliance with the requirements of this Chapter.
D. Actions for Incomplete or Disapproved Plans. If the Director determines that the waste reduction and recycling plan is incomplete or fails to satisfy the applicable conditions of this Chapter, the Director may take one of the following actions:
1. Return the waste reduction and recycling plan to the applicant marked "Disapproved," including a statement of reasons for disapproval; or
2. Return the waste reduction and recycling plan to the applicant marked "Further Explanation Required," including a statement of areas requiring additional information.
E. Plan Amendment Procedure. An approved waste reduction and recycling plan may not be amended without the prior written approval of the Director.
F. Plan Addendum or Revision Required. If at any time the Director determines that the contents of an approved plan are no longer accurate, the Director may require that the applicant submit an addendum or revision to the plan with such information as may be required by the Director.
G. Plan Review Fee. The fee for reviewing the waste reduction and compliance plan shall be set by resolution of the Village Council.
(MC-5-2010, § 2, 10/19/2010)
A. Compliance Report Required. Not less than five (5) business days prior to the scheduled date for the final inspection of a covered project, the owner shall file a compliance report on a form provided by the department.
B. Contents of Compliance Report. The compliance report shall include the following information:
1. The dates demolition and/or construction actually commenced;
2. The actual weight of construction and demolition debris, divided between inert debris and other debris;
3. The actual weight of inert and other construction and demolition debris that was diverted;
4. A specification of the method used to determine the weight;
5. Original receipts from all vendors and facilities which collected or received construction and demolition debris, indicating actual weights received by each; and
6. Certifications from the general contractor and any vendor or facility that handled construction and demolition debris stating the extent to which the project complies with the requirements of this Chapter; and
7. Such other information as the Director may require to determine compliance with the construction and demolition debris recycling plan.
C. Additional Reports. The Director may impose such additional reporting requirements as may be necessary to determine compliance with the construction and demolition debris recycling plan.
(MC-5-2010, § 2, 10/19/2010)
A. Requests for Exceptions. Any person seeking a partial or complete exception granting relief from the requirements of this Chapter shall file an application for such exception with the Department, using a form provided by the Department.
B. Application for Exception. The application for an exception shall include, in addition to such other information as the Department may require, a statement from a licensed professional engineer certifying that compliance with this Chapter is impracticable due to exceptional or extraordinary circumstances or conditions applicable to the covered project.
C. Standards for Granting Exceptions. The Director may grant the exception, in whole or in part, only if the Director finds all of the following:
1. That strict compliance with all of the provisions of this Chapter is not reasonably practicable due to the existence of exceptional or extraordinary circumstances or conditions that affect the covered project but do not apply generally to similar covered projects;
2. That granting an exception will not constitute a grant of special privilege inconsistent with limitations imposed on similar covered projects; and
3. That the cost to the owner of strict compliance with this Chapter is not the primary reason for granting the exception.
D. Authority of the Director.
1. The Director is authorized to grant an exception, in whole or in part, if he or she determines that the owner has met all of the standards for an exception and that granting the exception, in whole or in part, is necessary to provide reasonably adequate relief from the strict application of the requirements of this Chapter.
2. The Director shall not grant a full exception from all of the requirements of this Chapter if, in the exercise of his professional judgment, he determines that a partial exception will provide reasonably adequate relief from the strict application of the requirements of this Chapter.
3. The Director shall deny any application for exceptions that does not meet all of the standards.
4. All decisions of the Director to grant or deny an application for an exception, whether in whole or in part, shall be issued in writing. The decision shall be issued in a written letter or notice to the owner and shall state (i) whether the exception is granted or denied, in whole or in part; and (ii) the reasons for granting or denying the exception.
(MC-5-2010, § 2, 10/19/2010)
In addition to permit inspections authorized pursuant to Chapter 15.32 of this Code, the Director and any other duly authorized building officer may make any and all other or additional inspections, inquiries and audits as the Director finds necessary to determine compliance with this Chapter.
(MC-5-2010, § 2, 10/19/2010)
A. Deposit Required. To ensure compliance with the requirements established in this Chapter, the owner shall pay a deposit to the Village in an amount set from time to time by resolution of the Village Council. The deposit shall be paid at the time the building or demolition permit for the covered work is issued.
B. Deposit Refund. Upon determining that the covered work has been completed in full compliance with all applicable requirements of this Chapter, the deposit shall be refunded.
C. Deposit Retention. If the Director determines that the covered work has not been performed in full compliance with all applicable requirements of this Chapter, the owner shall not be entitled to a refund of the deposit and the deposit shall be retained by the Village.
(MC-5-2010, § 2, 10/19/2010)
Any person aggrieved by any decision by the Director under the provisions of this Chapter with respect to approving or to denying a waste reduction and recycling plan, or with respect to granting or denying an application for an exception from compliance with this Chapter, may file an appeal as provided in Chapter 15.72 of this Code.
(MC-5-2010, § 2, 10/19/2010)