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Ord 2002-035
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Ord 2002-035
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7/2/2008 4:17:26 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
12/16/2002
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PERM
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considerations. Volumetric measurements shall be converted to weight by using the <br />Conversion Rates. <br />3-7-410 Determination of Compliance <br />(a) Certified Applicants. Certified Applicants must demonstrate compliance with the <br />requirements of this Chapter in connection with their initial application for certification, <br />and thereafter in connection with their annual recertification. Compliance will be <br />determined based on information contained in the Annual Debris Recycling Certification <br />Application, through audits of weight tags and Recycling and/or disposal facility receipts, <br />and other business records as necessary. Certified Applicants are required to keep such <br />Recycling and disposal records for a period of three years. The Debris Recycling <br />Statement Compliance Officer may conduct audits as needed, in addition to the annual <br />audit in connection with recertification, to assure compliance with this Chapter. <br />(b) Non-certified Applicants. Upon completion of any Covered Project, an Applicant <br />other than a Certified Applicant shall submit weight tags generated by such Covered <br />Project to the Debris Recycling Statement Compliance Officer. The Debris Recycling <br />Statement Compliance Officer shall review such weight tags to determine whether the <br />Applicant has achieved Diversion Attainment. Such determination shall be based upon <br />the requirements of this Chapter and the following guidelines: <br />(1) The Applicant shall be found to have achieved Diversion Attainment if (1) <br />100% of the asphalt, concrete and similar material generated by the Project has been <br />Diverted and appropriate documentation thereof as required by this Chapter has been <br />provided to the City; and (2) at least 50%, by weight, of the remainder of the C&D <br />Debris generated by the Project has been diverted and appropriate documentation thereof <br />as required by this Chapter has been provided to the City. <br />(2) When the Applicant has not achieved Diversion Attainment for a Covered <br />Project, the Debris Recycling Statement Compliance Officer shall determine if such <br />Applicant has made a good faith effort to comply with the requirements of this Chapter. <br />hl making this determination, consideration may be given to any relevant information <br />provided by the Applicant, including but not limited to information regarding the <br />availability of markets for the C&D Debris that was not diverted, the size and nature of <br />the Project, and the documented efforts of Applicant to divert C&D Debris. If the Debris <br />Recycling Statement Compliance Officer determines that the Applicant has made a good <br />faith effort to comply with the C&D diversion and documentation provisions herein <br />above set forth, further compliance with this Chapter in respect to such Project shall be <br />excused. <br />(3) Applicant shall be in a "Non-Attainment" status if it is determined that (1) <br />100% of the asphalt, concrete, and similar material generated by the Project was not <br />Diverted; (2) that 50% of the remainder of the C&D Debris was not Diverted; (3) the <br />Applicant fails to submit the documentation required by this Chapter; and (4) that a good <br />faith effort was not made. <br />3-7-420 Right to Monitor and Inspect <br />(a) During regular business hours and upon reasonable notice of not less than twenty- <br />four (24) hours, the Debris Recycling Statement Compliance Officer may inspect any <br />Covered Project to determine levels o~ actual diversion activities and to validate the <br />6 <br />
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