"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 for "covered projects"
to undertake any construction, demolition, or renovation project within
the city.
"Construction"
means the construction of any facility or structure, or any
portion thereof, including any tenant improvements to an existing
facility or structure.
"Construction and demolition debris"
means used or discarded materials removed from the premises
during construction, renovation, or demolition operations on any pavement,
residential structure, commercial building, or other structure.
"Conversion rate"
means the rate set forth in the Materials Conversion Worksheet
approved by the director of public works for use in estimating the
weight of materials identified in a waste management plan.
"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 diversion of at least fifty percent of the total
construction and demolition debris generated by a covered project
via reuse or recycling.
"Divert"
means to use material for any purpose other than disposal
in a landfill.
"Project"
means any activity that requires an application to obtain
a building permit, demolition permit, public works 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.
"Renovation"
means any alteration, addition, remodel, or modification
in or to an existing structure.
"Reuse"
means further or repeated use of construction and demolition
debris.
"Salvage"
means the controlled removal of construction and demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
"Security deposit"
means any cash, check or money order deposit submitted to the city pursuant to Section
7.19.070 of this chapter.
"Waste management plan"
means a completed waste management plan form, approved by
the director of public works for the purpose of compliance with this
chapter, submitted by the applicant, for a covered project.
(Ord. 1469 § 1, 2007)
No waste management plan or security deposit shall be required
for any of the following projects:
(1) Roofing
projects that do not require the tear-off of the existing roof.
(2) The
project is a new patio cover or deck.
(3) Projects
for which only a plumbing, electrical, or mechanical permit, or any
combination of them, is required.
(4) Installation
of prefabricated patio enclosures and covers where no foundation or
other structural building modifications are required.
(5) Installation
of prefabricated accessories such as signs or antennas where no structural
building modifications are required.
(6) Construction,
renovation, or demolition work that the building official determines,
based upon information provided by the applicant, will not generate
more than one ton of construction or demolition waste.
(7) Immediate
or emergency demolition or construction required to protect the public
health, safety, or welfare, as determined by the director of public
works, the director of community development, or their designee.
(Ord. 1469 § 1, 2007)
All covered projects shall reuse, recycle, or divert a minimum
of fifty percent of construction and demolition debris, measured in
tonnage. Applicants may dispose of any project-related construction
and demolition debris in the following ways:
(1) Self-haul the construction and demolition debris to a facility and submit a waste management plan as set forth in Section
7.19.050 of this chapter.
(2) Elect to use the city's franchise waste hauler roll-off bin as set forth in Section
7.19.060.
(Ord. 1469 § 1, 2007)
Applicants who elect to use the city's franchise waste hauler roll-off bin for all project waste shall not be required to complete and submit a waste management plan and shall not be required to pay the security deposit as specified in Section
7.19.070, and the administrative fee as specified in Section
7.19.080. At the time of building permit issuance, the applicant shall use the form approved by the director of public works for this purpose to indicate that the city's franchise waste hauler will be providing construction and demolition material collection services.
(Ord. 1469 § 1, 2007)
The applicant for any project that requires submission of a waste management plan shall submit with the waste management plan a security deposit to guarantee compliance with the diversion requirements of this chapter. The deposit must be payable to the city and must be in the form of cash, check, or cashier's check. The amount of the deposit for each category of covered projects set forth in Section
7.19.020 will be established by resolution of the city council. The director of public works may, in the exercise of sound discretion, reduce the deposit for a covered project if it is determined that the amount of the required deposit is not commensurate with the weight of construction and demolition waste that is expected to be generated by the covered project.
(Ord. 1469 § 1, 2007)
Except as provided below, prior to the city's issuance of any
permit for a covered project that is not an exempt project, the applicant
shall pay to the city a nonrefundable fee for processing the applicant's
waste management plan. The administrative fee will be in an amount
sufficient to cover all city expenses incurred in administering the
program. The amount of the administrative fee shall be established
by resolution of the city council. Applicants who elect to use the
city's franchise waste hauler roll-off bins for all project waste
shall not be required to pay the processing fee set forth in this
section.
(Ord. 1469 § 1, 2007)
All forfeited security deposits and penalties shall be segregated
and used only for the following:
(1) Administrative
costs of the construction and demolition waste recycling program which
are not covered by the application fee established pursuant to this
chapter.
(2) Programs
to divert solid waste from landfill disposal.
(3) Programs
intended to develop or improve the infrastructure needed to divert
solid waste from landfill disposal.
(Ord. 1469 § 1, 2007)
The applicant or any interested person may appeal to the building
official the determination of the waste management plan compliance
official. Notice of any appeal from the determination of the waste
management plan compliance official must be filed with the building
official within ten days after the date that such determination is
made. The decision of the building official upon such appeal shall
be final and shall not be appealable to the city council or to any
other city body or official.
Determinations subject to appeal include, but are not limited
to: (1) the granting or denial of an indefeasible exemption; (2) whether
the applicant has acted in good faith; and (3) the amount of the construction
and demolition performance security deposit to be released.
(Ord. 1469 § 1, 2007)
The city manager or the director of public works, or their designee(s),
shall have the authority to enforce the provisions of this chapter.
(Ord. 1469 § 1, 2007)