PC 2002-22 - Laserfiche WebLink

Resolution No. PC-2002-22 Page 9 the documented efforts of the Applicant to reuse and recycle the C&D debris which is composed of recyclable material. If the Compliance Official determines that the Applicant has made a good faith effort to comply with this Chapter, the Compliance Officer shall release the Performance Security (if any), or a portion thereof, to the Applicant. Any portion of the Performance Security (if any) not released to the Applicant may be forfeited to the City, as described below. (3) Noncompliance: If the Compliance Official determines that the Applicant is not making, or has not made, a good faith effort to comply with this Chapter, a `Stop Work' order may be issued during the course of construction or demolition; or if the Applicant fails to submit the documentation required by subsection (a) of this Section within the required time period, then all or a portion of the Performance Security (if any) may be forfeited to the City as described below. (4) Forfeiture of Performance Security: The Compliance Official shall determine the appropriate amount of Performance Security to be forfeited based on the administrative regulation adopted by the Director of Public Works. Such administrative regulation shall take into account an estimate of the amount of recyclable materials which Applicant failed to reuse or recycle for the Covered Project and the fines faced by the City for failure to achieve State-mandated diversion rates. All forfeited Performance Securities shall be used to promote reuse and recycling within the City. The forfeiture of Performance Security provided in this subsection (c) is in addition to the enforcement provisions of Section 9.21.090. Section 9.21.070. Exemptions. a. Application: If an Applicant for a Covered Project experiences unique circumstances that the Applicant believes make it unreasonable to comply with the Diversion Requirement, the Applicant may apply for an exemption at the time that he or she submits the Plan required under Section 9.21.030. The Applicant shall indicate on the Plan the maximum rate of reuse and recycling that he or she believes is reasonable for each recyclable material and the specific circumstances that he or she believes make it umeasonable to comply with the Diversion Requirement. b. Meeting with Compliance Official: The Compliance Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. The Compliance Official shall determine, in his or her discretion, whether it is reasonable for the Applicant to meet the Diversion Requirement. c. Granting of Exemption: If the Compliance Official determines that it is