A. Application. If an applicant for a covered project believes that due to unique circumstances it would be infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the waste management plan application. The applicant shall indicate on the waste management plan application the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Granting of exemption. If the Building Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate the rate on the waste management plan application. The Building Official shall return a copy of the waste management plan application to the applicant marked “Approved for Infeasibility Exemption.”

C. Denial of exemption. If the Building Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a waste management plan application. If the applicant fails to resubmit the waste management plan application, or if the resubmitted waste management plan application does not comply with this Chapter, then the Building Official shall deny the waste management plan application. (Ord. 2010-3 § 2, 2010.)