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 construction,
remodeling or demolition project within the city.
means construction and demolition debris.
means a project that is subject to the applicable requirements
for diversion of construction and demolition debris specified in the
California Green Building Standards Code, 24 CCR, Part 11, known as
CALGreen, as amended.
means the director of the department of environmental services.
means to use material for any purpose other than disposal
in a landfill, and CALGreen.
(Ord. 3183-21 § 3)
The director of environmental services shall develop detailed
procedures and guidelines to ensure the orderly and efficient administration
of the requirements of this chapter. These procedures and guidelines
are incorporated into this chapter as the "C&D Program Guidelines,"
which may be amended from time to time by the director of environmental
services.
(Ord. 3183-21 § 3)
(a)
Covered projects shall divert a minimum proportion by weight of the
C&D generated, unless the applicant has been granted an infeasibility
exemption pursuant to this chapter, in which case the diversion requirement
shall be the maximum feasible diversion rate established by the director.
(b)
The diversion requirement shall be specified in the C&D program
guidelines. At a minimum, the diversion requirement shall comply with
the most recent version of the California Green Building Standards
Code (CALGreen) requirement of at least sixty five percent diversion
of generated construction materials.
(Ord. 3183-21 § 3)
(a)
An applicant for a covered project shall complete a C&D diversion
plan and submit the completed plan to the Department of Environmental
Services pursuant to the C&D Diversion Program Guidelines.
(b)
No application for a building permit or demolition permit shall be
approved for any Covered Project unless and until the Director has
approved the C&D diversion plan in accordance with the C&D
Program Guidelines.
(c)
Approval of a C&D diversion plan shall not be required if an
emergency demolition is required by the city to protect public health
or safety, as determined by the director.
(Ord. 3183-21 § 3)
(a)
If the director determines upon review of the C&D diversion plan
that it is infeasible for the applicant to meet the diversion requirement
due to unusual and/or unique circumstances, the director shall determine
the maximum feasible diversion rate for each material and may approve
a modified version of the C&D diversion plan.
(b)
Upon completion of the covered project the applicant shall submit
documentation, as requested by the director in his or her sole discretion,
to demonstrate compliance with the approved C&D diversion plan.
(Ord. 3183-21 § 3)
(a)
C&D haulers and permit applicants may deliver C&D material
collected in the city to a C&D recovery facility certified by
the director in order to comply with the diversion requirements specified
in the C&D program guidelines.
(b)
C&D recovery facility certifications made by the city shall be
subject to periodic review by the director.
(c)
For compliance with the diversion requirements of this chapter, certified
C&D recovery facilities may aggregate tonnage of wastes handled,
diverted, and disposed for client C&D haulers. The certified diversion
level shall apply to C&D processing line(s) or operations at the
facility, and all tonnage handled by those lines/operations, and need
not be based upon individual loads taken to the facility by individual
client C&D haulers.
(d)
C&D haulers and/or building permit applicants must deliver all
mixed C&D material from a covered project to a C&D recovery
facility certified by the director to process and divert mixed C&D
material, even if the diversion requirement for the project has been
met.
(Ord. 3183-21 § 3)
(a)
Every person who violates any provision of this chapter shall be guilty of an infraction, punishable as set forth in Chapter 1.04 of this code.
(b)
Violation of any provision of this chapter shall make the person violating its provisions subject to administrative citations in accordance with Chapter 1.05 of this code.
(c)
An Applicant that fails to meet the diversion mandate of Section 16.74.020 of this chapter shall pay a penalty equal to the project square footage, multiplied by the difference between the required diversion percentage and the actual project diversion percentage, multiplied by one dollar per square foot.
(d)
The remedies provided for in this chapter shall be cumulative and
not exclusive, and shall be in addition to any and all other remedies
available to the city.
(Ord. 3183-21 § 3)
