A construction and demolition waste recovery plan shall be filed with the Municipal Recycling Coordinator prior to the commencement of any activity for a covered project, as defined in Article I. The plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the applicant will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
A.
Approval. A construction and demolition waste recovery plan shall
be reviewed by the Municipal Recycling Coordinator, and approved if
it provides for all of the information required by this article. An
approved plan shall be marked "Approved" and returned to the applicant.
Notice of approval shall be sent to the Department of Licenses and
Inspections by the Municipal Recycling Coordinator.
B.
Denial. A construction and demolition waste recovery plan shall not
be approved if it does not provide all of the information required
by this article. If the plan is not approved, the applicant shall
be notified in writing that the plan has been rejected, including
the reasons for the rejection. In order to obtain the building or
demolition permit sought, the applicant shall make the required changes
and resubmit the plan to the Municipal Recycling Coordinator.
A.
Application. If the applicant carrying out a covered project experiences
circumstances that make it infeasible to comply with the diversion
requirement cited in this article, the applicant may apply for an
adjustment. The applicant shall indicate in writing why it is infeasible
to divert 50% of the materials being generated from the covered project
and specify what percentage of diversion could be achieved. Increased
cost to the owner of the covered project will not be an acceptable
justification for an adjustment.
B.
Review. The Municipal Recycling Coordinator shall review the information
supplied by the applicant. If warranted, the Municipal Recycling Coordinator
shall attempt to contact the applicant to discuss possible ways of
meeting the diversion requirement.
C.
Granting of an adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the owner of the covered project
to divert 50% of the generated construction and demolition debris
from the covered project, the percentage of diversion required shall
be adjusted. The applicant shall be notified in writing of the adjusted
diversion requirement. The owner of the covered project shall be required
to divert the percentage of construction and demolition debris required
by the adjustment.
D.
Denial of adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the owner of the covered project to meet the
diversion requirement cited in this article, the applicant shall be
notified in writing of the denial of the diversion adjustment.
Upon completion of the covered project, but before final inspection,
the owner of the covered project shall submit in person or by certified
mail to the Municipal Recycling Coordinator, the documentation required
to demonstrate that the applicant has met the diversion requirement.
The required documentation shall include the following:
A.
A completed debris recovery report, signed by the owner of the covered
project, indicating the quantity of each material generated during
the covered project diverted or disposed.
B.
Receipts from all facilities or service providers utilized to divert
and dispose of materials generated during the covered project.
C.
Any additional information that the owner of the covered project
believes is relevant to determining compliance with the diversion
requirement.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to this article and determine whether the owner
of the covered project has complied or failed to comply with the diversion
requirement. The determination regarding compliance will be provided
to the owner of the covered project in writing. The determination
regarding compliance shall also be sent to the Department of Licenses
and Inspections by the Municipal Recycling Coordinator.
[Amended 5-25-2021 by Ord. No. 2021-29]
The owner of the covered project may appeal a determination
of a failure to comply under this article to the Director of Solid
Waste and Recycling within 30 days of the determination. The appeal
shall be in writing and shall state the facts and basis for the appeal.
The decision of the Director shall be final.
