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Ordinance No. NS-XXX <br />Page 27 of 42 <br /> <br /> (A) A recycling final report, on a form prescribed by the executive <br />director. <br /> (B) Receipts from the vendor(s) and facility(ies) which collected <br />and/or received material(s) showing the actual total weight(s) or volume(s) of each <br />material diverted and landfilled. <br /> (C) Calculation of the total C&D tonnage hauled from the project. <br /> (2) Weighing of diverted materials and solid waste. Applicants shall <br />make reasonable efforts to ensure that all C&D debris, diverted or landfilled, is measured <br />and recorded using the most accurate method of measurement available. To the extent <br />practical, all C&D debris shall be weighed. Regarding C&D debris for which weighing is <br />not practical due to small size or other considerations, a volumetric measurement shall <br />be used. For conversion of volumetric measurements to weight, the applicant shall use <br />the standardized conversion rates approved by the city for this purpose. <br /> (g) Determination of compliance and release of security deposit. The executive <br />director shall review the information pertaining to diversion of C&D debris submitted <br />pursuant to this section and shall determine whether the applicant has complied with the <br />diversion requirement, as follows: <br /> (1) Full compliance. If the executive director determines that the <br />applicant has fully complied with the diversion requirement applicable to the project, the <br />executive director shall cause the entire security deposit to be refunded to the applicant <br />without interest. <br /> (2) Good faith effort to comply. If the executive director determines that <br />the diversion requirement has not been achieved, he or she shall determine on a case- <br />by-case basis whether the applicant has made a good faith effort to comply with the <br />diversion requirement. In making this determination, the executive director shall consider <br />the availability of markets for the C&D debris landfilled, the size of the project, and the <br />documented efforts of the applicant to divert C&D debris. The executive director may <br />authorize a partial refund of a security deposit without interest when less than the <br />minimum diversion requirement is met. The partial refund shall not exceed that portion of <br />the security deposit that is in the same ratio as the demonstrated amount of diverted <br />waste. <br /> (3) Noncompliance. If the executive director determines that the <br />applicant has not made a good faith effort to comply with the diversion requirement, then <br />the executive director shall notify the applicant in writing and all or a portion of the security <br />deposit shall be forfeited to the city and shall not be refunded. Forfeited funds shall be <br />used towards the city's recycling efforts pursuant to this section. <br /> (4) Other provisions for the refund of a security deposit <br /> (A) The executive director may authorize the refund without <br />interest of any security deposit which was erroneously paid or collected. <br /> (B) The executive director may authorize the refund without <br />interest of any security deposit when the permit application is withdrawn or cancelled <br />before any work has begun.