16.30.050 Compliance with the waste management plan.
A. Diversion requirement—documentation. The applicant for each project shall comply with the requirement that at least 50 percent of the total construction and demolition debris generated by the project shall be diverted via reuse or recycling, unless the applicant is granted an infeasibility exemption pursuant to Section 16.30.070 of this Chapter, in which case the diversion requirement shall be the maximum feasible diversion rate determined by the Building Official for the project. Prior to requesting a Building Department final inspection approval of any covered project, the applicant shall submit to the Building Official documentation that the applicant has met the diversion requirement for the project. Required documentation shall include all of the following:
1. Receipts from the vendor or facility which collected or received the construction and demolition debris showing the actual weight or volume of the material received;
2. A copy of the previously approved waste management plan application for the project setting forth the actual volume or weight of each material to be diverted or taken to a landfill; and
3. Any additional information the applicant believes is relevant to determining a good faith effort in complying with the requirements contained in this Chapter.
B. Weighing of waste. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or taken to a landfill is measured and recorded using the most accurate method of measurement available. To the extent practical, all debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City for this purpose.
C. Determination of compliance and release of performance security. The Building Official shall review the information submitted under Subsection A of this Section and determine the extent to which the applicant has complied with the diversion requirement, as follows:
1. Full compliance. If the Building Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the performance security to be released in full to the applicant.
2. Good faith effort to comply. If the Building Official 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 Building Official shall consider the availability of markets for the debris transported to the landfill, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the Building Official determines that the applicant has made a good faith effort to comply with this Chapter, he or she shall release the performance security, or a portion thereof to be determined in the Building Official’s sole discretion, to the applicant. Any portion of the performance security not released to the applicant shall be forfeited to the City and shall be used for the purposes of promoting recycling within the City.
3. Noncompliance. 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 Subsection A of this Section within the required time period, then the performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purposes of promoting recycling within the City. (Ord. 2010-3 § 2, 2010.)