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.
"Compliance official"
means the city manager designated staff person(s) authorized
and responsible for implementing this chapter.
"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.
(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)