Sec. 23C-13-8. Compliance with diversion requirements.

(a) Inspection Authority. During demolition or construction, the compliance official may inspect project sites to determine compliance with the waste reduction and recycling plan. The applicant, if requested, must supply proof of recycling within five business days. Failure to comply with the waste reduction and recycling plan during construction or demolition may be grounds for issuance of a “stop work” order and/or issuance of administrative citations. Each day that the applicant fails to comply with the requirements of this section constitutes a separate offense. Only the collection of recyclables containing less than ten percent of solid waste will be considered “recycling” (otherwise it will be considered “solid waste”). Solid waste can only be collected and transported by the city’s franchise solid waste hauler.
(b) Proof of Diversion. Recyclables must be diverted from the landfill in order to meet the requirements of this article. Applicants will be required to submit proof of compliance quarterly and at the end of each project to demonstrate compliance with the project specific waste reduction and recycling plan. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the compliance official before issuance of a building permit for the construction project. Quarterly reports shall be submitted each February 30th, May 30th, August 30th, and November 30th and are to cover the previous three calendar months (November through January, February through April, May through July, and August through October). End of project reports are to be submitted at the end of the project as a precedent to final inspection and certificate of occupancy. End of project reports must cover the period from the last quarterly report to the end of the project. Proof of compliance to be submitted with quarterly and end of project reports includes:
(1) Submittal of a completed city-provided waste reduction and recycling report;
(2) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material (recyclables and solid waste). Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified;
(3) Weight slips/count of material salvaged or reused in current project. Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified;
(4) Any additional information needed to support a good faith effort determination.
Failure to comply with this section and the waste reduction and recycling plan during construction or demolition may be grounds for issuance of a “stop work” order and/or issuance of administrative citations. Each day that the applicant fails to comply with the requirements of this section constitutes a separate offense. The compliance official may request additional information to determine compliance during the review of the quarterly or end of project reports. This information must be provided by the applicant to the compliance official within five business days.
(c) Determination of Compliance and Refund of Deposit. The compliance official shall review the end of project waste reduction and recycling report within thirty calendar days and determine whether the applicant has complied with the diversion requirement, as follows:
(1) Full Compliance. The compliance official will notify the applicant and community development department if they determine that the diversion requirements have been met. The cash deposit shall be returned, without interest, within thirty calendar days of the compliance determination.
(2) Good Faith Effort to Comply. If the compliance 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 article. In making this determination, the compliance official shall consider the availability of markets for the construction debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction debris. The applicant and community development department will be notified if this determination is made. A partial (fifty percent) refund of the deposit will be issued to applicants receiving a “Good Faith Effort to Comply.” The partial refund will be issued within thirty calendar days of the compliance determination.
(3) Non-Compliance. If the compliance official determines that the applicant has not made a good faith effort to comply with this article no refund will be issued. The deposit shall be forfeited entirely for failure to comply with the requirements of this article. Any deposit that is forfeited shall be deposited in the solid waste fund and will be used to implement the city’s recycling program. Applicants that have received a “non-compliance” determination will be required to post a deposit that is three percent of the total cost for the applicant’s next five consecutive waste reduction and recycling plans (not to exceed ten thousand dollars for each plan) as described in Section 23C-13-5(b). Projects that have been constructed without the submittal and compliance with a waste reduction and recycling plan shall be subject to a one thousand dollar penalty. Funds received from penalties shall be used to implement the city’s recycling program and deposited in the solid waste fund. (Ord. No. 1469, § 3 (part).)