[Ord. #06-017]
This section is adopted in order to supplement the provisions
of the California Integrated Waste Management Act of 1989 which requires
that each local jurisdiction in the State divert fifty (50%) percent
of discarded materials from landfills and aid in compliance with the
Alameda County Waste Reduction and Recycling Act of 1990 (Measure
D). These requirements shall apply to affected projects as specified
in this section.
[Ord. #06-017]
As used in this section:
APPLICANT
Shall mean any individual, firm, limited liability company,
association, partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any other
entity whatsoever who applies to the City for the applicable permits
to undertake any construction, demolition, or renovation project within
the City.
BUILDING OFFICIAL
Shall mean the designated staff person(s) authorized and
responsible for implementing this section.
CONSTRUCTION
Shall mean the building of any facility or structure or any
portion thereof including any tenant improvements to an existing facility
or structure. Construction refers to SIC Codes 1521 through 1794,
1796, and 1799.
CONSTRUCTION AND DEMOLITION DEBRIS
Shall mean discarded materials, packaging, and rubble resulting
from construction, renovation or demolition operations on any pavements,
houses, commercial buildings, or other structures.
CONVERSION RATE
Shall mean the rate set forth in the standardized Conversion
Rate Table approved by the City pursuant to this section for use in
estimating the volume or weight of materials identified in a debris
recycling statement.
DEBRIS RECYCLING STATEMENT
Shall mean form completed and approved pursuant to subsection
12-11.4 of this section, submitted by the applicant for any covered or noncovered project.
DEMOLITION
Shall mean decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior. Demolition refers to SIC
Code 1795.
DIVERSION REQUIREMENT
Shall mean the diversion of one hundred (100%) percent of the asphalt, concrete and similar material and at least fifty (50%) percent, by weight, of all other construction and demolition debris generated by the project, unless the applicant has been granted an infeasibility exemption pursuant to subsection
12-11.4 of this section, in which case the diversion requirement shall be the diversion of one hundred (100%) percent of the asphalt, concrete and similar material and the maximum feasible diversion of all other construction and demolition debris generated by the project, as established by the building official for the project.
DIVERT
Shall mean to use material for any purpose other than disposal
in a landfill.
FRANCHISE AGREEMENT
Shall mean the agreement between the City and its contractor
pursuant to California
Public Resources Code section 40059(a) for
solid waste, recyclable materials and organic materials services.
PERFORMANCE SECURITY
Shall mean any performance bond, surety bond, cashier's check, letter of credit, or certificate of deposit submitted to the City pursuant to subsection
12-11.4d of this section.
PROJECT
Shall mean activity which requires an application for a building
permit and/or a demolition permit or any similar permit from the City.
RECYCLING
Shall mean the process of collecting, delivering, sorting,
cleansing, treating, and reconstituting materials that would otherwise
become solid waste, and returning them to the economic mainstream
in the form of raw material for new, reused, or reconstituted products
which meet the quality standards necessary to be used in the marketplace.
RENOVATIONS
Shall mean the change, addition, or modification in an existing
structure.
REUSE
Shall mean further or repeated use of construction or demolition
debris.
SALVAGE
Shall mean the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
SUMMARY REPORT
Shall mean a form completed pursuant to subsection
12-11.5b of this section, summarizing the diversion of construction and demolition debris generated by a covered project.
[Ord. #06-017]
Any applicant affected by any decision, action or determination
made by the Building Official regarding this section may file with
the City Clerk a written appeal within ten (10) days of such decision,
action or determination, setting forth in detail the facts supporting
the applicant's appeal. The City Administrator shall appoint a Hearing
Officer who shall hear the appeal within thirty (30) days from the
date of filing. The Hearing Officer shall render a written decision
within fourteen (14) days of the close of the hearing. The Hearing
Officer's determination shall be final.
[Ord. #06-017]
Notwithstanding any other provision of this section, violations of this section may be enforced in the following manner: (1) Pursuant to Chapter
1 of this Code; (2) by a stop work order issued by the Building Official where work on the project has already commenced; or (3) in any other manner provided by law.