The purpose of this chapter is to increase the diversion of solid waste from construction and demolition projects from landfill disposal and to thereby comply with both the spirit and intent of the law as set forth in Public Resource Code Sections 42910 et seq. and Sections 41821 and 41850 and the California Green Building Standards Code, Sections 4.408 and 5.408 as the same may be amended from time to time.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
For purposes of this chapter, the following definitions apply:
"Contractor"
means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in Fountain Valley.
"Construction"
means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of Designated Recyclable and Reusable Materials as defined in subsection E below.
"Covered project"
shall mean all residential construction, demolition, and renovation projects within the city that expand the area, size or volume of a building and all new construction or any non-residential construction project requiring a permit. Notwithstanding the foregoing, "covered project" shall not include projects with building permits issued solely for roof replacement, electrical, and/or plumbing.
"Demolition and construction waste"
means:
1. 
Discarded materials generally considered to be not water soluble and nonhazardous in nature including, but not limited to, metal, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, roofing material, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping, and development operations for a construction project;
2. 
Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project;
3. 
Non-construction and non-demolition waste wood scraps;
4. 
De-minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry;
5. 
Mixing of construction and demolition waste with other types of solid waste will cause it to be classified as other than demolition and construction waste.
"Designated recyclable and reusable materials"
means:
1. 
Masonry building materials including all products generally used in construction including, but not limited to, asphalt, concrete, rock, stone and brick;
2. 
Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, pressure treated, contaminated or painted;
3. 
Vegetative 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;
4. 
Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door-frames and fences;
5. 
Roofing materials including wood shingles as well as asphalt, stone, and slate based roofing material;
6. 
Salvageable material and structures including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.
"Hazardous waste"
means:
1. 
Waste substances which can pose a substantial or potential hazard to human health or the environment when improperly managed. Hazardous waste possesses at least one of these four characteristics: ignitability, corrosivity, reactivity or toxicity; or appears on U.S. EPA lists;
2. 
Waste materials or mixtures of waste which require special handling and disposal because of their potential to damage health and /or the environment;
3. 
Waste materials or mixtures of waste that are regulated under the Resource Conservation and Recovery Act and are listed in 40 CFR 261.33(d).
"Waste management plan"
means a written plan documenting the diversion of construction and demolition debris that is submitted by the applicant for any covered project and approved by the city for the purpose of compliance with this chapter.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
Every covered project planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. Title to recyclable materials forwarded to the operator of recycling facilities that are under contract to the city will transfer to the service provider upon departure of materials from the site.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
A minimum percentage of the waste tonnage of demolition and construction waste generated from every covered project shall be diverted from going to landfill by using recycling, reuse and diversion programs as specified in the California Green Building Standards Code Sections 4.408 and 5.408, as the same may be amended from time to time.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
Prior to starting the project, every applicant shall submit a properly completed waste management plan to the public works department as part of the building or demolition permit process of a covered project. The waste management plan shall contain an accurate estimate of the tonnage or other specified units of construction and/or demolition waste to be generated from construction and demolition on the site. Approval of the waste management plan as complete, accurate, and responsive to the ordinance codified in this chapter shall be a condition precedent to issuance of any building or demolition permit. Approval is not required when emergency demolition is required to protect public health or safety.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
As a condition precedent to issuance of any building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall pay to the city a fee sufficient to compensate the city for all expenses incurred in administering the permit. The amount of this fee shall be set by city council resolution.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
During demolition or construction of a covered project, the applicant shall recycle, reuse, or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements that can be converted to tonnage. The public works department will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and disposed from the project. The required diversion of a minimum of the required percentages of the demolition and construction waste will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. To the maximum extent feasible on-site separation of scrap wood and non-contaminated green waste in a designated roll-off or temporary box shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes. On-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, etc.) lumber, wallboard, concrete, metals, and cardboard.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
The applicant shall keep documentation which proves compliance with the requirements of Section 6.09.030. The documentation shall consist of a completed waste management plan showing actual data of tonnage of materials recycled and diverted, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether all materials, including hazardous waste, generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)
For demolition projects, building permits will not be issued until all documents and records are received and reviewed by the city for compliance with the waste management plan. For construction projects, an inspection will occur before the framing inspection and before final inspection. During these inspections, documents and records will be reviewed and approved for compliance before project sign off.
All city sponsored construction, demolition, or renovation projects are subject to all applicable provisions of this section. City sponsored public works capital improvement projects will be required to submit documentation as part of a project's progress payment.
(Ord. 1551 § 1, 2019)
Each violation of the provisions of this chapter is unlawful and a public nuisance and shall be punishable and subject to all criminal, civil, administrative, and other remedies provided in Chapter 1.16.
(Ord. 1373 § 1, 2005; Ord. 1551 § 1, 2019)