(a) Deposits.
(1) No deposit is required for first time applicants or for applicants that are in good standing having met Full Compliance on an immediate past project.
(2) A deposit of $2,500 will be required if the previous project received a determination of Good Faith Effort, based upon quarterly Diversion Reports or if the applicant did not submitted required reports. This $2,500 deposit will apply following a Good Faith Effort determination. Upon the Waste Reduction Manager’s determination that the applicant has complied with this Chapter for one consecutive project, the applicant shall not pay a deposit on future plans so long as applicant stays in compliance.
(3) A deposit of $5,000 will be required if the previous project received a final determination of Non-Compliance. This $5,000 deposit will apply for two subsequent projects following the Non-Compliance determination. Upon the Waste Reduction Manager’s determination that the applicant has complied with this Chapter for two consecutive projects, the applicant shall not pay a deposit on future plans so long as applicant stays in compliance.
(b) Refunds.
(1) Section 6-16.08(b) is applicable when projects are subject to either the $2,500 or $5,000 Deposit.
(2) Full Compliance: The Waste Reduction Manager will notify both the applicant and Building Division when he or she determines that the diversion requirements have been met. The cash deposit shall be returned in full, without interest, within 30 calendar days of the compliance determination.
(3) Good Faith Effort: If the Waste Reduction Manager 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 comply with this Chapter. In making this determination, the Waste Reduction Manager, shall consider the availability of markets for construction and demolition debris, the size of the project and the documented efforts of the applicant to divert construction and demolition debris. The applicant and Building Division shall be notified once this determination has been made. A partial (50%) refund of the deposit will be issued to applicant within 30 calendar days of the compliance determination. An applicant that receives a Good Faith Effort determination will be required to post a deposit for future projects in the amount of $2,500 as described in Section 6-16.08(a)(2) above.
(4) Non-Compliance: If the Waste Reduction Manager determines that the applicant has not made a good faith effort to comply with this Chapter, no refund will be issued. The deposit shall be forfeited entirely for failure to comply with the requirements of this Chapter. Any deposit that is forfeited shall be deposited into the DIWM’s Recycling Fund and will be used to implement and promote the Division’s recycling programs. An applicant that receives a Non-Compliance determination will be required to post a deposit for future projects in the amount of $5,000 as described in Section 6-16.08(a)(3) above.
(c) Penalties.
(1) For Projects not originally subject to a deposit, upon determination of Non-Compliance by the Waste Reduction Manager, a penalty of $2,500 will be assessed to all construction projects and a penalty of $5,000 will be assessed to all demolition projects. Final approvals and a Certificate of Occupancy will not be issued until the appropriate penalty has been paid in full as described in this Section and all penalties shall be non-refundable. (§ 3, Ord. 1375, eff. Aug 23, 2008)