The purpose of this chapter is to promote the recycling of construction
and demolition waste to reduce the amount of such material that is
landfilled, to protect the public health, safety, and welfare, and
to assist the City and the Garden Grove Sanitary District in meeting
State of California mandated construction and demolition waste diversion
requirements.
(2902 § 1, 2019)
"Applicant"
means 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.
"C&D Compliance Official"
means the person designated by the City Manager who is authorized
and responsible for implementing this chapter.
"Construction"
means the building, rehabilitation, remodeling, renovation
or repair of any facility or structure or any portion thereof including
any tenant improvements to an existing facility or structure.
"Construction and demolition waste"
means used or discarded materials which results from the
construction or demolition of any facility or structure and which
is removed from the premises during the construction or demolition.
"Demolition"
means the decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
"Diversion requirement"
means the percentage of construction and demolition waste
for each demolition and/or construction project that must be diverted
from landfills.
"Divert"
means to use material for any purpose other than disposal
in a landfill or a transformation facility.
"Project"
means any activity that requires an application for a building
or demolition permit or any similar permit from the City.
"Recycling"
means the process of collecting, 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.
"Universal waste"
are any of the hazardous wastes that are listed in Section
66261.9 of Article 1, Chapter 11, Division 4.5 of Title 22 of the
California Code of Regulations, which includes electronic devices,
batteries, electric lamps, fluorescent tubes and bulbs, high intensity
discharge lamps, sodium vapor lamps and lamps that contain added mercury,
mercury-containing equipment, CRT, CRT glass, and non-empty aerosol
cans.
"Waste reduction and recycling plan"
means a completed form submitted by an applicant for any
covered project approved by the City to manage compliance with this
chapter. The form is submitted when applying for a demolition or construction
permit.
(2902 § 1, 2019)
Designated recyclable and reusable materials means all construction
or demolition material that fits within any of the following categories:
A. Masonry
building materials including all products generally used in construction
including, but not limited to, asphalt, concrete, rock, stone, and
brick.
B. Wood
materials including all dimensional lumber, fencing, or construction
wood that is not chemically treated, creosoted, CCA pressure treated,
contaminated, or painted.
C. Vegetable
materials including trees, tree parts, shrubs, stumps, logs, brush,
or any other type of plants that are cleared from a site for construction
or other use.
D. Metals
including all metal scrap such as, but not limited to, pipes, siding,
window frames, door frames, and fences.
E. Roofing
materials including wood shingles as well as asphalt, stone, and slate
based roofing material.
F. Salvageable
materials includes all salvageable materials and structures including,
but not limited to, wallboard, doors, windows, fixtures, toilets,
sinks, bath tubs, and appliances.
G. Any
other construction or demolition debris that is non-hazardous and
available for recycling or reuse.
(2902 § 1, 2019)
Neither a waste reduction and recycling plan nor a security
deposit is required for the following:
A. Work
for which only a plumbing permit, only an electrical, or only a mechanical
permit is required.
B. Seismic
tie-down projects.
C. Installation
of pre-fabricated patio enclosures and covers where no foundation
or other structural building modifications are required.
D. Installation
of pre-fabricated accessories such as signs or antennas where no structural
building modifications are required.
E. Other
work that the C&D Compliance Official determines will not produce
construction or demolition waste.
F. City-sponsored
projects.
An applicant may file with the C&D Compliance Official an
application for exemption which shall include the grounds for an exemption.
The C&D Compliance Official shall determine if the exemption complies
with this section.
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(2902 § 1, 2019)
Applicants shall forfeit the security deposit to the City under
the following circumstances:
A. If
the C&D Compliance Official determines that the applicant has
not made a good faith effort to comply with this chapter.
B. If the applicant fails to submit the documentation required by Section
18.60.060 and
18.60.140 within the required time period.
C. Upon
60 days after a permit's expiration date.
(2902 § 1, 2019)
Moneys received by the City as security deposits are used only
for:
A. Payment
of security deposit refunds.
B. Administrative
costs of the program established by this chapter not covered by the
application fee.
C. Programs
to divert from landfill disposal the waste from construction, demolition,
and alteration projects, and other recycling programs.
D. Programs
whose purpose is to develop or improve the infrastructure needed to
divert from landfill disposal the waste from construction, demolition,
and alteration projects, and other recycling programs.
(2902 § 1, 2019)
For the purposes of this chapter, "diverted" or "diversion"
means a reduction of the amount of waste being disposed in landfills
by any of the following methods:
A. Use
of new construction methods, as approved by the C&D Compliance
Official, that reduce the amount of waste generated.
B. On-site
re-use of the waste.
C. Delivery
of the waste from the site to a certified recycling facility.
D. Other
methods as approved by the C&D Compliance Official.
E. All
of the waste diversion methods which may qualify for a refund of a
security deposit are subject to the reasonable conditions specified
by the C&D Compliance Official.
(2902 § 1, 2019)
For the purposes of this chapter, a certified recycling facility
means a recycling, composting, materials recovery, or re-use facility
which: (1) has obtained all applicable federal, state, and local permits;
(2) is in full compliance with all applicable regulations; and (3)
diverts from landfill disposal the minimum percentage established
in this chapter of all incoming waste from construction and demolition
activities. The C&D Compliance Official may maintain a list of
certified recycling facilities. Any facilities not included in the
list maintained by the C&D Compliance Official shall first be
approved by the C&D Compliance Official before being accepted
as a certified recycling facility for purposes of compliance with
the requirements of this chapter.
(2902 § 1, 2019)
As a part of any application for, and prior to the issuance
of, any building or demolition permit that involves the creation of
construction or demolition material, every applicant for covered projects,
unless exempt, shall pay to the City a cash fee sufficient to compensate
the City for all expenses incurred in reviewing the waste reduction
and recycling plan and reviewing performance of the plan. The amount
of this fee shall be established by resolution of the City Council.
(2902 § 1, 2019)
Universal waste (such as batteries, electronic waste, electronic
lamps, cathode ray tubes/glass, nonempty aerosol cans) shall be diverted
from landfills and disposed of in accordance with state laws and regulations.
(2902 § 1, 2019)
Notwithstanding any provision of this Code to the contrary,
an applicant may appeal to the City Manager any decision of the C&D
Compliance Official under this chapter. Notice of appeal from the
decision of the C&D Compliance Official must be filed in writing
with the City Manager's office within 10 calendar days of the date
of the decision being appealed. The notice of appeal shall set forth
in concise language that particular decision or decisions complained
of and the reason why the person feels aggrieved thereby. Failure
to file a written notice of appeal within the time prescribed herein
constitutes a waiver of any objection to the decision(s) of the C&D
Compliance Official and such decision(s) shall be final; otherwise
the decision of the City Manager is final. The City Council may establish
an application fee by resolution to defray the costs of processing
appeals.
(2902 § 1, 2019)
In addition to the forfeiture of the security deposit per Section
18.60.090 of this chapter, violations of this chapter are punishable per Chapters
1.04 and/or
1.22 of this Code.
(2902 § 1, 2019)