In this chapter, the following definitions apply:
"Applicant"
means any individual, public entity or private entity that applies to the city for the applicable permit to undertake a construction, demolition, or renovation project.
"City manager"
means the city manager or the city manager's designee.
"Compliance official"
means the city manager designated staff person(s) authorized and responsible for implementing this chapter.
"Construction and demolition debris"
means solid waste and recyclable materials generated at premises during construction, demolition, or renovation.
"Conversion rate"
means the rate in the standardized conversion rate table approved by the compliance official pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.
"Diversion rate"
means the percentage of construction and demolition debris that is recycled or salvaged.
"Diversion requirement"
means the recycling or reuse of at least 90 percent of Portland cement concrete and asphalt concrete and at least 75 percent of the remaining construction and demolition debris, or the percentage established by the compliance official for a project pursuant to an exemption, of the total construction and demolition debris.
"Franchised collector"
means the individual, public entity or private entity that is operating pursuant to the exclusive solid waste collection franchise agreement for the collection of solid waste and recyclable materials in the city pursuant to Chapter 9.20 of the Pleasanton Municipal Code.
"Project"
means any activity involving construction, demolition, or renovation requiring the issuance of a building, demolition, or similar permit. "Project" also includes city-sponsored construction, demolition or renovation.
"Recyclable materials"
means those nonhazardous materials or byproducts which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable materials may include, but are not limited to, aluminum cans, asphalt, cardboard, carpeting, concrete, glass, metals, paper, rubber, textiles, wood.
"Recycle"
means the process of collecting, sorting, cleansing, treating, and reconstituting material that would otherwise become solid waste, and making it available for reuse.
"Regulated project"
means all new construction, residential additions creating an increase in conditioned area, all nonresidential additions greater than 1,000 square feet and nonresidential alteration or renovation projects requiring a building or similar permit with a total value of $125,000.00 or more, or any demolition project requiring a demolition or similar permit with a total value of $25,000.00 or more. The total value shall be calculated by the compliance official using the city's standard commercial and residential formulas and methods.
"Salvaged"
means further or repeated use of construction and demolition debris.
"Solid waste"
means all non-hazardous putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include recyclable materials, hazardous waste, radioactive waste or medical waste, which are subject to specific regulations in the California Public Resources Code and the California Health and Safety Codes, and are not addressed in this chapter.
"Waste management plan" or "WMP"
means a plan approved by the compliance official, under this chapter, for a regulated project.
"Waste management plan fee" or "WMP fee"
means a nonrefundable fee set by the city council to administer and implement this chapter.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)
A. 
Each applicant for a regulated project shall comply with the diversion requirements of this chapter. Compliance with this chapter shall be a condition of approval for any building or demolition permit issued for a regulated project. The failure to impose this condition for any building or demolition permit shall not relieve the applicant from complying with this chapter.
B. 
Each applicant for a project that is not a regulated project is encouraged to achieve an overall diversion rate of at least 75 percent.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)
A. 
WMP Application. Each applicant of a regulated project shall submit an electronic WMP application through the city's designated online waste management and tracking system prior to beginning any project that requires a building, demolition, or similar construction permit. The completed WMP application shall include all of the following:
1. 
The address or location, building permit number(s) and description of the project;
2. 
Project information, such as the job valuation, area of work, permit number, tract information (if known), project diversion rate and relevant personnel involved with this WMP;
3. 
The estimated quantities of all materials to be salvaged, recycled and/or disposed;
4. 
The hauling and disposal method;
5. 
The facility or facilities being utilized for salvage, recycling or disposal of construction or demolition materials;
6. 
The applicant shall certify their acknowledgment of, and agreement to comply with both the city's franchise collector requirements and hauling and self-hauling regulations.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)
A. 
The compliance official shall approve a WMP if the compliance official determines that all conditions have been met.
B. 
If the compliance official determines that the WMP fails to meet the diversion requirement, the project will not be permitted to begin any work and will be restricted from scheduling building inspections until the WMP is approved.
C. 
The compliance official shall approve or deny a WMP within two business days of the notice of electronic submittal for review of a WMP application.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)
A. 
Submittal Requirements. Before the building division will allow the scheduling of any final inspection on any regulated project, or before the building division issues the last certificate of occupancy for units within a regulated project that is part of a phased residential project, the applicant shall complete the WMP in the city's designated online waste management and tracking system. To electronically submit the completed WMP for review by the compliance official, the applicant shall first complete the following:
1. 
All documentation, such as weight tickets, specifying the weight and/or quantity of materials being recycled or disposed from the franchise collector and/or any other facility or agency shall be scanned and/or directly uploaded into the specified WMP;
2. 
Pictures and estimated quantities of all materials donated or salvaged, whether within the same project or used at another project shall be uploaded into the specified WMP;
3. 
Any additional information the applicant believes is relevant in determining efforts to comply in good faith with this chapter.
B. 
The compliance official shall review the completed WMP within two business days of the compliance official's notice from the city's designated online waste management and tracking system of a completed WMP in the online waste management and tracking system.
C. 
Determination of Compliance. The compliance official shall review the information submitted in the WMP to determine whether the applicant has complied with this chapter.
1. 
Full Compliance. If the compliance official determines that the applicant has complied with this chapter, the city shall remove all restrictions on scheduling a final inspection, including issuing a certificate of occupancy.
2. 
Good Faith Compliance. If the compliance official determines that the applicant failed to fully comply with this chapter but made a good faith effort to comply, the city shall remove all restrictions on scheduling a final inspection, including issuing a certificate of occupancy. In making this determination, the compliance official shall consider the market for the recyclable materials, the diversion rate, the size of the project, the ability of the franchise collector to process the recyclable materials, and the documented efforts of the applicant to meet the diversion requirement.
3. 
Noncompliance. If the compliance official determines that the applicant failed to fully comply with this chapter and failed to make a good faith effort to comply with this chapter, the city shall not complete the building, demolition or other similar permit process. In making this determination, the compliance official shall consider the diversion rate and diversion requirement for the recyclable materials, the submittal of documentation detailing the recycling efforts and any other relevant information.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)
A. 
Application. If an applicant for a regulated project experiences unusual circumstances making it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the WMP.
B. 
If after reviewing the material submitted by the applicant and, if necessary, meeting with the applicant, the compliance official determines that meeting the diversion requirement is infeasible due to unusual circumstances, the compliance official may grant a full or partial exemption. If the compliance official grants a partial exemption, the compliance official shall inform the applicant of the diversion requirement for each material.
C. 
The compliance official shall make a decision regarding the application for an exemption within 20 days of receipt thereof.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)
A. 
Any applicant may appeal a determination of the compliance official regarding:
1. 
The granting or denial of an exemption pursuant to Section 9.21.060;
2. 
Compliance with the WMP pursuant to Section 9.21.050.
B. 
The applicant must file a written appeal with the city manager within 10 business days of the compliance official's determination. The appeal shall state the grounds for the appeal.
C. 
In deciding the appeal, the city manager may request additional information from the applicant, the compliance official, the franchise collector and third parties, including but not limited to, persons other than the franchise collector who collect recyclable materials. The city manager shall issue a written decision within 20 business days of receipt of the appeal, unless the applicant agrees to an extension of time. The city manager's decision shall be final.
(Ord. 1992 § 1, 2009; Ord. 2120 § 1, 2015)