Santa Clarita Municipal Code Part 6 Refund And Return Of Diversion Security Deposits

Within one hundred eighty (180) days after the completion of any covered project, the applicant may submit to the Administrator or the Administrator's designee documentation that the applicant has met the diversion requirement for the project and apply for a refund of the diversion security deposit. This documentation may include all of the following:

A. Receipts and gate tickets from the vendor or facility which collected or received C&D material showing the actual weight of that material or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill;

B. A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility, or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; and

C. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

(Ord. 05-9, 6/28/2005; Ord. 06-7 § 1, 10/10/2006; Ord. 18-5 § 1 (Exh. A), 5/8/2018)

Applicants shall make reasonable efforts to ensure that all C&D materials diverted, or delivered to disposal facilities for disposal, are measured and recorded using the most accurate method of measurement reasonably available. To the extent practical, all C&D materials, and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D materials 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 standardized conversion rates approved by the City for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities.

(Ord. 05-9, 6/28/2005; Ord. 18-5 § 1 (Exh. A), 5/8/2018)

The Administrator or the Administrator's designee shall review the information submitted under Section 15.46.600 and determine whether the applicant has complied with the construction and demolition materials management plan, as follows:

A. Full Compliance. If the Administrator or the Administrator's designee determines that the applicant has fully complied with the construction and demolition materials management plan applicable to the project, the Administrator or the Administrator's designee shall cause the full diversion security deposit to be released to the applicant.

B. Good Faith Effort to Comply. If the Administrator or the Administrator's designee determines that the construction and demolition materials management plan has not been complied with, the Administrator or the Administrator's designee shall determine whether the applicant made a good faith effort to comply with this chapter. In making this determination, the Administrator or the Administrator's designee shall consider the availability of markets for the C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and the documented efforts of the applicant to divert C&D materials and remove inert waste from the waste stream. If the Administrator or the Administrator's designee determines that the applicant has made a good faith effort to comply with this chapter, the Administrator or the Administrator's designee shall approve the release of the diversion security deposit, or a portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City.

C. Noncompliance. If the Administrator or the Administrator's designee determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant failed to submit the documentation required by Section 15.46.600, within the required time period, then the diversion security deposit shall be retained by the City.

D. Partial Refund. The Administrator or the Administrator's designee may authorize a partial refund when the diversion requirement has not been met. Any partial refund shall be in the same ratio as the demonstrated amount of diverted C&D waste and inert waste, respectively, waste bears to the required diversion by weight.

E. Refund of Erroneous Payment. The Administrator or the Administrator's designee may authorize the refund of any diversion security deposit which was erroneously paid or collected.

F. Withdrawal of Permit Application. The Administrator or the Administrator's designee may authorize the refund of any diversion security deposit if the permit application for a covered project is withdrawn or cancelled before any work has begun.

G. Diversion security deposits retained by the City may be used only for:

1. Payment of diversion security deposit refunds;

2. Costs of administration of the program established by this chapter; and

3. Cost of programs to achieve diversion of materials from disposal at solid waste landfill.

(Ord. 05-9, 6/28/2005; Ord. 06-7 § 1, 10/10/2006; Ord. 18-5 § 1 (Exh. A), 5/8/2018)