Compliance documentation and refunding of performance security deposit.
Denver Revised Municipal Code § 10-417
in effectSec. 10-417. - Compliance documentation and refunding of performance security deposit.
(a) No later than sixty (60) days from the date of the final inspection of a qualifying project, the contractor shall submit documentation to the agency showing compliance with section 10-414 in a manner established by the building official.
(b) The contractor shall include original weight receipts or other itemized waste documentation as adopted through rules and regulations, showing the types and amounts of covered materials recycled or reused, and total amount of construction and demolition debris, by weight.
(c) A contractor shall include the cubic yards for covered materials recycled or reused when that material cannot be weighed due to size, lack of scales at a facility, or other considerations.
(d) Deposit refund amount determination
(1) If a contractor complies with the recycle and reuse requirements set forth in section 10-414, then the building official shall authorize a refund of one hundred (100) percent of the performance security deposit to the contractor.
(2) Subject to other limitations of this article, if a contractor recycles, reuses, or recycles and reuses between forty (40) percent and forty-nine and nine-tenths (49.9) percent of the construction and/or demolition debris produced on the site of a qualifying project, then the building official shall authorize the refund of seventy-five (75) percent of the performance security deposit.
(3) Subject to other limitations in this article, if a contractor recycles, reuses, or recycles and reuses between thirty (30) percent and thirty-nine and nine-tenths (39.9) percent of the construction and/or demolition debris produced on the site of a qualifying project, then the building official shall authorize the refund of fifty (50) percent of the performance security deposit.
(4) There shall be no refund of any percentage of the performance security deposit to a contractor that recycles, reuses, or recycles and reuses less than thirty (30) percent of the construction and/or demolition debris produced on the site of a qualifying project.
Table 2 - Deposit Refund Amount Determination
Compliance Percentage Amount | Diversion Percentage Amount | Deposit Refund Percentage Amount
100% Compliance | 50% or more | 100%
80%—99% Compliance | 40%—49.9% | 75%
60%—79% | 30%—39.9% | 50%
Less than 60% | Less than 30% | 0%
(e) Performance security deposit amounts that are forfeited by the contractor due to partial compliance or non-compliance shall be transferred to the general fund
(f) Trust fund
(1) There shall be one (1) or more trust funds established to administer the performance security deposit amounts (collectively, "security deposit funds") received by the city pursuant to this article.
a. Revenue for projects complying with section 10-417(d) shall be returned to the contractor in accordance with subsection (d), above; or
b. Revenue generated from forfeited security deposits shall be treated as a fine transferred from a trust fund to the general fund.
(2) The manager of community planning and development shall manage the security deposit funds.
(Ord. No. 628-25, § 1, 9-15-25)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH10BUBURE_ARTXVRERECODEMA_S10-417CODOREPESEDEFetched: 10/27/2026
