8.05.050 Compliance with recycling plan.
A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to the recycling plan compliance official documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least sixty-five percent of the total construction and demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to Section 8.05.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the recycling plan compliance official for the project. This documentation shall include all of the following:
1. Receipts from the vendor or facility which collected or received each material showing the actual weight of that material;
2. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition 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. The recycling plan compliance official shall review the information submitted under Section 8.05.050(A) and determine whether the applicant has complied with the diversion requirement, as follows:
1. Full Compliance. If the recycling plan compliance official determines that the applicant has fully complied with the diversion requirements applicable to the project, he or she shall approve the recycling plan and inform the building division that a certificate of occupancy can be issued.
2. Substantial Compliance. If the recycling plan 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 and is in substantial compliance with this chapter. In making this determination, the recycling plan compliance official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the recycling plan compliance official determines that the applicant has made a good faith effort to comply with this chapter and is in substantial compliance, he or she shall approve the recycling plan and inform the building division that a certificate of occupancy can be issued.
3. Noncompliance. If the recycling plan compliance official determines that the applicant is not in substantial compliance with this chapter, or if the applicant fails to submit the documentation required by Section 8.05.050(A), then the applicant shall pay a civil penalty as prescribed in Section 8.05.080.
D. Falsification of Records. If the applicant deliberately provides false or misleading data to the city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in Section 8.05.080. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys’ fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.
E. Final Approval. All conditions of this chapter shall be met prior to final approval by the building division. (Ord. 1706 § 29, 2021; Ord. 1381 § 1 (part), 2001)