Agmt 2000 Alameda County Industries Inc ACI

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JAN-~~-~ODU l'U~ 01 ~ ~l i l'l1 ~ 1 I Y Uh ~HfV Lt;HNUKU r Hn ivu, ~ ~ uc i «~4u ~ , , 1 y ~ c. I.74 .r nit a ' i of is ce ~? e e u ' • 'f11c WMP Cotnpliancc Officia! shall review the inforn~ation su~mittcd under subsection (a) of this Sectic7t, ttnd determine whctlier the Applicartt has complied with the Diversion Requirement, as follows: (1) ~~,}]], ~~ i , • If the WMP Compliance Official detetxtiiues that the Applicartt has fully canxplicd with the Diversion Rcquircrrtcnt applicable to the 1?rojcet, he or she Shalt cause the full Performance Security to oe released to the Applicartt. (.2) CTood Fai Fffa to C; Ifthe WMI' Compliance Official detetartitres that the I7iversiata Requirerxtent has not been achieved, he ar she shall determine on a case-by~casc basis whether the Applicant has tnadc a good faith cfl'ort to comply with this Article XX. In snaking this determination, the WMP Compliance Official shall consider the availability - c?t'a~tarl~ets for t]-te CBcD debris lartdt"illed, the size of the Project, and the docrunented efforts of the Applicant to divert C&D debris. If tl~e WMl' Compliance Official determines that the Applicartt has rnade a good faith effort to comply witl-t this .Article XX, he or she shall release the Perforn~ance Security, or a portion thereof, to the Applicant. Aa~xy portion of the 1?erfotmancc Security not released tv the Applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City, (3) Noncotnpliartce: If ii,e WMP Compliance Official determines that the Applicant has not made a good faith effort to Comply with this Article XX, or if khe Applicant Tails tp snbnxil the documentation required by sul)scctian (a) ofthis Section within the required link; period, then the Perfom~ance Security shall b© forfeited to the City, All forfeited i'c:rfornaazrce Securities shall be used for the purposes of promoting recycling within the City, ~o DRAFT