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HomeMy WebLinkAbout2010/11/02 Item 3 CITY COUNCIL AGENDA STATEMENT ~\r~ CITY OF .~~ (HULA VISTA 11/02/10, ltemL ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE 8.25.020 0 FINITIONS AND 8.25.095 CONSTRUCTION AND DEMOLITIO EBRIS RECYCLING REVIEWED BY: DIRECTOR OF PUBLIC WORKS ADMINISTRA T~~R VICES M CITY MAJ'-!AGE ASSISTANT CITY. ANAGER c:; r 4/5THS VOTE: .~ SUBMITTED BY: YES o NO ~ SlJiVL,YIARY On January 1,2011, the California Green Building Code standards go into etTect. As a result, modifications need to be made to the some of the requirements in the Chula Vista Municipal Code - Chapters 8.020 Definitions and 8.25.095 Construction and Demolition Debris Recycling to conform to the California Green Building Code. ENVfRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of Natural Resources] of the State CEQA Guidelines because the proposed action will implement State legislation requiring construction waste reduction, disposal and recycling. Thus, no further environmental reVIew IS necessary. RECOMM ENDATI ON Council adopt the ordinance. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION In January 2011, the 2010 California Green Building Code (CGBC) Standards go into effect. Upon review oi CGBC Chapters 4.408.1 Residential Mandatory Measures - Construction Waste Reduction, Disposal and Recycling and CGBC Chapter 5.408 Non Residential Mandatory Measures - Construction Waste Rcduction, Disposal and Recycling, just a few modifications need to be made to Chula Vista Municipal Code - Chapter 8.25. 3-1 ? 11/02/10, lteIll~ Page 2 of 7 The modifications to the CYMe are as follows: ~.25.020 Definitions. 06. "Diversion requirement" means the diversion 01'99100 percent ofiner! waste, to include asphalt concrete. bricks, tile. trees. stumRs. rocks. and associated vegetation and soils resulting from land clearing, and not less than 50 percent ofthe remaining waste generated, via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to CVMC 8.25.095, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project 8.25.095 Construction and demolition debris recycling. A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. Any project requiring a permit for demolition or construction, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)( 3) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects. c. Anv individuallv built single-familv home. 2. City-Sponsored Projects. All City construction and demolition projects shall be considered covered projects and shall submit a waste management report to the City Manager or designee prior to issuance of any construction or demolition permits. 3. Non-Covered Projects. A performance deposit and waste management report shall not be required for the following: a. Work for which a construction or demolition permit is not required. b. Rooting projects that do not include tear-off of existing roof. c Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projects. e. Projects less than 10,000 square feet, where no structural building modi fications are required. 3-2 --2 11102/1 0, Item ~ Page 3 of 7 f. Emergency required to protect public health and safety. !;. lndiyidua~ sin!;le family homes that are not part of a lar!;er project. While not required, it s]:all be encourll,;ed that at lcast SO percent of all project related e-emtRlction, reno','atiun and dcmolitIOn ",aste from non cowred projects be diverted. B. Submission of Waste Management Report. 1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The purpose of the WMR is to illustrate how the applicant plans to comply with the diversion requirements per CVMC 8.25.020(06). Upon project completion, the WMR will illustrate how the applicant complied with the diverSion requirements. The WMR shall indicate all of t~e followin~: I ~ , a. Part 1 of the WMR shall be submitted for review and approval prior to issuance of a construction or demolition permit. The WMR s-hookIwill identify the type of materials expected to be generated at the project site and the anticipated end uses or end markets (recycled, reused on site, salvaged, or disposedJ indicatin!; how the landfill diyersion 60ab \\ill he me:. Part I of the WMR shall include: i. The type of project; ii. The total square footage of the project; iii. The estimated generation of construction or demolition debris by material type. b Uponllli'iect completion, the applicant will submit Part 2 of the WMR and shall indicate all of the following: i. The type of project; ii. The total square footage of the project; iii. The actual volume or weight of construction and demolition debris recycled, by material type; iv. The actual volume or weight of constmction and demolition debris reused or salvaged, by material type; v. The actual volume or weight of construction and demolition debris disposed of in a landfill; 3-3 :7 11/02/1 0, item -L Page 4 of 7 VI. The actual volume or weight of construction and demolition debris recycled at a construction and demolition debris recycling/processing center; vii. The vendors or facilities that the applicant used to collect, process, or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose or actual weight tickets. 2. Initial Application. Notwithstanding any other provision of this code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant's ViMR submittal within 10 business days with an approval, denial or request for clarification. !fthe WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. After notification by the applicant, the Official will then have three business days to complete the review. [f the review is not completed within three business days after the notification, the deposit requirement will be waived. 3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a perfonnance deposit. WIth the exception of City-sponsored projects and individuallv built single-familv homes. The amount of the performance deposit shall be calculated as the lesser of three-quarters of one percent of the total project cost for new construction and one and one-half percent of the total project costs for demolition projects or $30,000 maximum. Acceptable fonns of pavment include cash, monev order, check. or surety bond. ,'\lllett"rs of credit must be issued by a financial imti:utiofl acceptable to the City and on a fom1 prescribed by the City and frpproved by the City "\:tomcy. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the state of Califomia, are subject to regulation by the Department of Insurance, and which satisfy all state requirements. The City shall not accept a surety bond for any project with a performance deposit calClllated at $10,000 or less. The 'NMR Compliance Official shall wai':e the performance dCflOsit ifthe to:al deposit required pursuant to this sectioR woc;ld be $50.00 or less. Perfom1ance deposit funds in the tann of cash, money order, or check will be placed in a secured account, subject to interest. The perfom1ance deposit and accrued interest shall be retumed to the applicant upon acceptance of proof of compliance in full. [fpartial compliance, the performance deposit and associated interest" ill' be refunded on a prorated basis dependent on the degree of compliance. The City will retain the interest on any deposit funds not refunded. 3-4 "7 11/02/1 0, Item-,=,,- Page 5 of7 4. DocumentatIOn. Within 30 days after demolition is completed (if a demolition pennit only) or 30 days after the issuance of a certitleate of occupancy or atthe time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (e) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume ofthat material; b A copy of the completed waste management report form, in its entirety; photographs and narrative docllmentation of the applicant's reuse activities. 5. Weighmg of Wastes. Appl ieants shall make reasonable efforts to ensure that an construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste 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 rates established by the conversion rates table approved by the City for this purpose. Conversion rate tables will be included with the waste management report fonn. 6. Detennination of Compliance and Release of Ferfonnance Deposit. The WMR'Compliance Official shall review the infonnation submitted under this section and detennine whether the applicant has complied with the diversion requirement, as follows: a. Compliance. If the WMR Compliance Official detennines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the release of the performance deposit to tbe applicant within 30 days oftbe applicant's submission ofthe documentation required under this section. ffthe applicant has complied in part, a portion of the perfonnance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted. b. Noncompliance. If the WMR Compliance Official detennines that the applicant failed to submit the documentation within the required time period, then the perfonnance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling ac~ivities. 3-5 -, 11102110, Item~ Page 6 of 7 C Exemption~. 1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may appl) forrequest an exemption at the time that hc or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement. 2. Meeting with WMR Compliance Official. The WMR 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. 3. Granting of Exemption. If the WMR Compliance Onlcia] determines that it is infeasible for the applicant to meet the dIversion requirement due to unique circumstances, he or she shall detem1ine the maximum feasible dlVersion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked "Approved with E;ccmptionException." The applicant shall then be responsible for diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions ofthis section. 4. Demal of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR. D. Appeal~. Appeals of a detennination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and flied with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3141 S 1,2009; Ord. 3118 () 1,2008; Ord. 3116 () 1,2008; Ord. 3105 () I, 2008). 3-6 11/02/10, Heml Page 7 of7 DECISiON MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has deternlined that it is not site specific and consequently the 500 foot rule found iil California Code of Regulations section 18701.2(a)(I) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Approval of this ordinance to amend CYMC 8.25 to confon11 to the 2010 CGBC represents no current year fiscal impact. ONCOfNC FISCAL IMPACT There is no ongoing fiscal impact in amending CYMC 8.25 to conform to the 20 I 0 CGBC. ATTACHMENTS California Green Building rodes Chapters 4 408 and 5.408 f'repn!"cd by" Lynll Francp, Envlrol1/nental Scrvl(:es Progranl Jvfnnoger, PI/blie Works Departme/1t K:\PUBUC WORKS\AGENDA\CAS2010\11-02-IO\CAS -CYMe 8,25.020 - 8.25.095 nov2010REV.doc 3-7 CALIFORNIA GREEN BUILDING CODE SECTIONS RESIDENTIAL MANDATORY MEASURES SECTION 4.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL AND RECYCLING 4.408.1 Construction waste reduction of at least 50'Yo. Recycle and/or salvage for reuse a minimum of 50% of the non-hazardous construction and demolition debris. or meet a local construction and demolition waste management ordinance, whichever is more stringent. Exceptions: I. Excavated soil and land-clearing debris. 2. Altemate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance witb this item do not exist or are not located reasonably close to the Jobsite 4.408.2 Construction waste management plan. Where a local jurisdiction docs not have a construction and demolition waste management ordinance, a construction waste management plan shall be submitted for approval to the enforcing agency that: 1. Identifies the materials to be diverted from disposal by recycling, rcuse on the project or salvage for future use or sale. 2. Specifies if materials will be sorted on-site or mixed for transportation to a diversion facility. 3 Identifies the diversion facility where the material collected will be taken. 4. Identifies construction methods employed to reduce the amount of waste generated. 5. Speci ties that the amount of materials diverted shall be calculated by weight or volume, but not by both. 4.408.2.1 Documentation. Documentation shall be provided to the enforcing agency, which demonstrates compliance with Section 4.408.2, Items 1 through 5. The waste management plan shall be updated as necessary and shall be accessible during construction for examination by the enforcing agency. 4.408.2.2 Isolated jobsites. The enforcing agency may make exceptions to the requirements of this section when JobsJtes are located in areas beyond the haul boundaries ofthe diversion facility. Notes: 1. Sample forms found in Chapter 8 may be used to assist in documenting compliance with the waste management plan. 2. Mixed construction and demolition debris (C&D) processors can be located at http://\v'vV\v.c1wmb.ca.gov/ConDemo/ . NONRESfDENTIAL MANDA TORY MEASVRES SECTION 5.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL AND RECYCLING 5.408.1 Construction waste diversion [BSC, DSA-SS]. Establish a construction waste management plan for the diverted materials, or meet local construction and demolition waste management ordinance, whichever is more stringent. 5.408.2 Constrnction waste management plan [BSC, DSA-SS]. Where a local jurisdiction does not have a construction and den1ohtion waste management ordinance, submit a construction waste management plan for approval by the enforcement agcncy that: 3-8 1. Identities the materials to be diverted from disposal by emcient usage, recycling, reuse on the project, or salvage for future use or sale. 2. Determines if materials will be sorted on-site or mixed. 3. Identities diversion facilities where material collected will be taken. 4. Specifies that the amount of materials diverted shall be calculated by weight or volume, but not by both. 5.408.2.1 Documentation [BSe, DSA-SSj. Documentation shall be provided to the enforcing agency which demonstrates compliance with Section 5.408.2 items I thm 4. The waste management plan shall be updated as necessary and shall be accessible during construction for examination by the enforcing agency. Exception [DSA-SS]: Johsites in areas where there is no mixed construction and demolition debris (C&O) processor or recycling facilities within a feasible haul distance shall meet the requirements as follows: I. The enforcement agency having jurisdiction shall at its discretion, enforce the waste management plan Jnd make exceptions as deemed necessary. 5.408.2.2 Isolated jobsites [ESe, DSA-SS]. The enforcing agency may make exceptions to the requirements of this section whenjobsites are located in areas beyond the haul boundaries of the diversion facility. Notes: I. Sample forms found in Chapter 8 may be used to assist in documenting compliance with the waste management plan. 2. Mixed construction and demolition debris (C&D) processors can be located at hap: ../www.(.l\vmb.ca.go\./ConD~l11o/ . 5.408.3 Construction waste reduction of at least 50'X. [BSe, DSA-SS], Recycle and/or salvage for reuse a minimum of 50% of the non-hazardous construction and demolition debris, or meet a local construction and demolition waste management ordinance, whichever is more stringent. Calculate the amount of materials diverted by weight or volume, but not by both. Exceptions: I. Excavated soil and land-clearing debris 2. Alternate waste reductlOn methods developed by working with local agencies if diversion or recycle facilities capable of comphance with this item do not exist. 5.408.4 Excavated soil and land clearing debris [BSe, DSA-SS], 100% of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed. 3-9 ORDINANCE NO. AN ORDfNANCE OF THE CITY OF CHULA VISTA ADOPTfNG AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS 8.25.020 DEFINITlTONS AND 8.25.095 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLfNG The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Section 8.25.020.06 - Definitions, of the Chula Vista Municipal Code, is hereby amended to read as follows: 06. "Diversion requirement" means the diversion of 100 percent of inert waste, to include asphalt, concrete, bricks, tile, trees, stumps, rocks, and associated vegetation and soils resulting from land clearing, and not less than 50 percent of the remaining waste generated, via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to CVMC 8.25.095, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Omcial for the project. SECTION II. That Section 8.25.095 - Construction and Demolition Debris Recycling, of the Chula Vista Municipal Code, is hereby amended to read as follows: A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. Any project requiring a permit for demolition or construction, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)(3) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition, must be considered as a project in its entirety for purposes of this section, and not as a series of individual projects. c. Any individually built single-family home. 2. City-Sponsored Projects. All City construction and demolition projects shall be considered covered projects and shall submit a waste management report to the City Manager or designee prior to issuance of any construction or demolition permits. 3. Non-Covered Projects. A performance deposit and waste management report shall not be required for the following: 3-10 a. Work for which a construction or demolition permit is not required. b. Roofing projects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projects. e. Projects less than 10,000 square feet, where no structural huilding modifications are required. f. Emergency required to protect public health and safety. B. Submission of Waste Management Report. 1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report foml (WMR) approved by the City I for this purpose. The purpose of the WMR is to illustrate how the applicant pl~ns to comply with the diversion requirements per CVMC 8.25.020(06). Upon project completion, the WMR will illustrate how the applicant complied with the diversion requirements. The WMR shall indicate all of the following: a. Part] of the WMR shall be submitted for review and approval prior to issuance of a construction or demolition permit. The WMR will identifY the type of materials expected to be generated at the project site and the anticipated end uses or end markets (recycled, reused on site, salvaged, or disposed.) Part I of the WMR shall include: i. The type of project; ii. The total square footage of the project; iii. The estimated generation of construction or demolition debris by material type. b. Upon project completion, the applicant will submit Part 2 of the WMR and shaJJ indicate'all of the following: i. The type of project; 3-11 ii. The total square footage ofthe project; iii. The actual volume or weight of construction and demolition debris recycled, by material type; iv. The actual volume or weight of construction and demolition debris reused or salvaged, by material type; v. The actual volume or weight of construction and demolition debris disposed of in a landfill; vi. The actual volume or weight of construction and demolition debris recycled at a construction and demolition debris recycling/processing center; vii. The vendors or facilities that the applicant used to collect, process, or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose or actual weight tickets. 2. Initial Application. Notwithstanding any other provision of this code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant's WMR submittal within] 0 business days with an approval, denial or request for clarification. Ifthe WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. After notification by the applicant, the Omcial will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requir~ment will be waived. 3. Amount of Performance Deposit. The applicant for any covered project shall submit to the City a perfonnance deposit, with the exception of City-sponsored projects and individually built single-family homes. The amount of the performance deposit shall be calculated as the lesser ofthree-quarters of one percent of the total project cost for new construction and one and one-half percent of the total pr6ject , costs for demolition projects or $30,000 maximum. Acceptable forms of pay,!!ent include cash, money order, check, or surety bond. All bonds shall be in the tlxm prescribed by the City and by such sureties which are admitted insurers in th~ state of Califomia, are subject to regulation by the Department of Insurance, and which 3-12 satisfy all state requirements. The City shall not accept a surety bond for any project with a performance deposit calculated at $10,000 or less. Performance deposit funds in the form of cash, money order, or check will be Placed in a secured account, subject to interest. The performance deposit and accrued 'interest , shall be returned to the applicant upon acceptance of proof of compliance in full. If I partial compliance, the performance deposit and associated interest will be refunded on a prorated basis dependent on the degree of compliance. The City will retain the , interest on any deposit funds not refunded. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time. of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entiretY; photographs and narrative documentation of the applicant's reuse activities. 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste 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 rates established by the conversion rates table approved by the City for this purpose. Conversion rate tables will be included with the waste management report form. 6 Determination of Compliance and Release of Performance Deposit. The 'vVMR Compliance Official shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows: a. Compliance, If the WMR Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the projiect, he 3-13 or she shall cause the release of the performance deposit to the applicant within 30 days ofthe applicant's submission ofthe documentation required undyr this section. If the applicant has complied in part, a portion of the performanc'e deposit will be withheld. The amount withheld will be proportional to th~ percentage of materials that are not recycled/diverted. b. Noncompliance. If the WMR Compliance Official determines that the' applicant failed to submit the documentation within the required time petiod, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered lunds shall be used for waste reduction and recycling activities. , , I , ,I i , C. Exemptions. 1. Application. If an applicant for a covered project experiences unique circun~stances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may request an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infcasible to comply with the diversion requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official ?hall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible.diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked "Approved with Exception." The applicant shall then be responsible for diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this section.' 4. Denial of Exemption. If the WMR Compliance Official determines that it i's possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full cOI?pliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR. D. Appeals. 3-14 Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be limited to the following issucs: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3141 S 1,2009; Ord. 3118 S I, 2008; Ord. 3116 S 1,2008; Ord. 3105 S 1,2008). Presented by Approved as to form by ....._-:.:~~:.? .. C> "'" 6::.. <::'1a;;::;:;;:::.-::"; Richard A. Hopkins Director of Public Works Bart Miesfeld City Attorney b 't.-",(/7 "1 3-15