The regulations contained in this chapter may be known and referred
to as the "Construction and Demolition Materials Code."
(Ord. 06-01 § 2, 2006)
The purpose of this chapter is to reduce landfill waste by requiring
an applicant for every covered project to divert a minimum of 50%
of the construction and demolition materials resulting from that project
in compliance with state and local statuary goals and policies and
to create a mechanism to secure compliance with the stated diversion
requirements.
(Ord. 06-01 § 2, 2006)
This section provides definitions of terms and phrases used
in this chapter that are technical or specialized. Words and phrases
not defined herein may be defined in Division 30, Part 1, Chapter
2 of the Public Resources Code, Section 40000, et seq., the regulations
of the California Integrated Waste Management Board, or in the Resource
Conservation and Recovery Act, (RCRA) 42 U.S.C. Sections 6901, et
seq., and the regulations implementing RCRA, as they may be amended
from time to time.
means any person, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever
required to apply to the planning department for an applicable permit
to undertake any construction, demolition, renovation or parking area
construction project within the city. An applicant must comply with
this chapter.
means the building of any facility or structure or any portion
thereof including any ten-ant improvements to a previously unoccupied
existing facility or structure. Construction does not include a project
limited to interior plumbing work, electrical work or mechanical work.
means used or commonly discarded materials removed from the
premises of a covered project during construction, remodeling, repair,
demolition, deconstruction or renovation resulting from construction,
renovation, remodeling, repair, deconstruction or demolition operations
on any pavement, house, commercial building, or other structure, or
from landscaping. Such materials include, but are not limited to,
dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum,
glass, asphalt material, plastic pipe, roofing material, carpeting,
concrete, wood, masonry, racks, trees, remnants of new materials,
including paper, plastic, carpet scraps, wood scraps, scrap metal,
building materials, packaging and rubble resulting from construction,
remodeling, renovation, repair and demolition operations on pavements,
houses, commercial buildings and other structures. C&D materials
shall be deemed solid waste and regulated as such, whether or not
they are potentially recyclable, in all cases where a fee, charge
or other consideration, in any form or amount, is directly or indirectly
paid by the generator in exchange for collection, removal, transportation,
storage, processing, handling or disposal services (fee for service
recycling), whether or not arranged by or through a subcontractor,
broker, agent, or affiliate of the container supplier.
means any performance bond, surety bond, money order, letter
of credit, cash, certified check or certificate of deposit in a form
acceptable to the city, submitted to the city pursuant to this chapter.
means a completed C&DMMP form, approved by the city for
the purpose of compliance with this chapter, submitted by the applicant
for any covered project.
means the rate set forth in the standardized conversion rate
table approved by the city pursuant to this chapter for use in estimating
the volume or weight of materials identified in a construction and
demolition materials management plan.
means a project for which a zoning clearance is required
to be issued by the city and a building permit is required from the
county of Santa Barbara building division for any construction, remodeling,
repair, demolition, deconstruction, or renovation project.
means a process to dismantle or remove useable materials
from structures, in a manner which maximizes the recovery of building
materials for reuse and recycling and minimizes the amount of waste
transported for disposal in landfills and transformation facilities.
means the destruction, razing, ruining, tearing down or wrecking
of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
means activities which reduce or eliminate the amount of
C&D material from disposal in a landfill or transformation facility.
See Public Resources Code Section 40124.
means the diversion of at least 50% of the total C&D
materials generated by a covered project by reuse or recycling, unless
the applicant has been granted an exemption pursuant to this chapter.
If the applicant has not been granted an exemption, the diversion
requirement for the project shall be the maximum feasible diversion
rate established by the planning director.
shall have the meaning ascribed by Public Resources Code
Section 21061.1, as it, from time to time, may be amended.
means and includes the property owner, occupant, or its contractor.
means the planning department of the city of Buellton.
or designee means the city staff person authorized and responsible
for implementing this chapter.
means any activity for which a zoning clearance and building
permit for a building, demolition, parking area construction or other
activity, is required. (See also "covered project," above).
shall have the meaning ascribed by Public Resources Code
Section 40180, as it, from time to time, may be amended.
means any change, addition, or modification in an existing
structure that requires a zoning clearance and building permit or
demolition permit but does not include a project limited to interior
plumbing work, electrical work or mechanical work.
means further or repeated use of construction and demolition
materials.
means the controlled removal of construction and demolition
materials from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
(Ord. 06-01 § 2, 2006)
Except as otherwise provided in this chapter, each applicant
for a permit required by this chapter for a covered project shall
complete and submit a C&DMMP unless the project is an exempt project,
as defined below. On or after the effective date of the ordinance
codified in this chapter, no zoning clearance for building or demolition
shall be issued unless the applicant for a covered project has submitted
to the planning department a C&DMMP in a form approved by the
planning director. Compliance with the provisions of this chapter
shall be a condition of approval for any covered project.
(Ord. 06-01 § 2, 2006)
No C&DMMP or C&DMMP security deposit shall be required
for any of the following:
A.
Work
for which a building permit is not required by the Buellton Municipal
Code;
B.
Work
for which a demolition permit is not required by the Buellton Municipal
Code;
C.
Any
new residential construction project with a valuation of less than
or equal to $75,000;
D.
Any
new non-residential construction project with a valuation of less
than or equal to $50,000;
E.
Residential
alterations with valuations less than or equal to $10,000;
F.
Nonresidential
alterations with valuations less than or equal to $10,000;
G.
Projects
for which only a plumbing permit, electrical permit or mechanical
permit is required;
H.
Roofing
projects that do not include removal of the existing roof; and
I.
Demolition
or construction required to protect public health or safety in an
emergency, as defined in Public Resources Code Section 21060.3, as
it, from time to time, may be amended.
(Ord. 06-01 § 2, 2006)
All city-sponsored construction, demolition and renovation projects,
except as provided below, shall be considered covered projects for
the purposes of this chapter and shall be subject to all applicable
provisions of this chapter. Prior to the start of any city-sponsored
covered project, a C&DMMP shall be prepared by the planning director.
The city is not required to submit a security deposit for city-sponsored
covered projects. City-sponsored projects limited to interior plumbing
work, electrical work or mechanical work are not covered projects.
City-sponsored demolition or construction projects required to protect
public health or safety in an emergency, as defined in Public Resources
Code Section 21060.3, as it, from time to time, may be amended, is
not a covered project.
(Ord. 06-01 § 2, 2006)
A.
Construction
and Demolition Materials Management Plans. Each applicant submitting
an application for a zoning clearance for any covered project shall
complete and submit to the planning department a C&DMMP, on a
C&DMMP form approved by the city for this purpose. The completed
C&DMMP shall include all of the following: (1) the estimated volume
or weight of C&D materials, by materials type, to be generated;
(2) the maximum volume or weight of C&D materials that it is feasible
to divert, considering cost, energy consumption and delays, via reuse
or recycling; (3) the vendor or facility, including name, address,
telephone number and contact person that the applicant proposes to
use to collect, reuse or receive diverted the C&D materials; (4)
a certification by the applicant that it will ensure strict compliance
with the city's exclusive solid waste franchise and acknowledges that
the only person authorized to conduct solid waste handling activities
or services, including fee for service recycling, is the solid waste
enterprise granted the exclusive franchise; (5) the estimated volume
or weight of residual C&D materials that would be transported
for disposal in a landfill or transformation facility; and (6) the
applicant (or property owner if different from applicant) gives consent
to the city or its agent to enter the project site to enforce the
provisions of this chapter. In estimating the volume or weight of
materials identified in the C&DMMP, the applicant shall use the
standardized conversion rates approved by the city for this purpose.
B.
Deconstruction.
In preparing the C&DMMP, covered projects involving the removal
of all or part of an existing structure shall include deconstruction
activities in the C&DMMP, to the maximum extent feasible, and
shall make the materials generated thereby available for salvage prior
to being transported for disposal in a landfill or transformation
facility.
C.
Review
of C&DMMP.
1.
Approval.
Notwithstanding any other provision of the Buellton Municipal Code,
no zoning clearance for a building or demolition permit shall be issued
for any covered project unless the planning director has approved
the C&DMMP. The planning director shall approve a C&DMMP only
if the director first determines that all of the following conditions
have been met: (1) the C&DMMP provides all of the information
set forth in this chapter; (2) the C&DMMP indicates that at least
50% of all C&D materials generated by the covered project will
be diverted; and (3) the applicant has submitted an appropriate security
deposit in compliance with this chapter. If the planning director
determines that these three conditions have been met, the director
shall mark the C&DMMP "Approved" and issue a copy of the C&DMMP
to the applicant. Approval shall not be required if construction or
demolition is required to protect public health or safety in an emergency,
as defined in Public Resources Code Section 21060.3.
2.
Denial.
If the planning director determines that the C&DMMP is incomplete
or fails to recycle or reuse at least 50% of all C&D materials
generated by the covered project, the director shall either: (1) return
the C&DMMP to the applicant marked "denied," including a statement
of reasons; or (2) return the C&DMMP to the applicant marked "Further
Explanation Required," including a statement of reasons.
3.
Changes
to C&DMMP. If, during the course of construction, the applicant
determines that the estimated tonnage of C&D materials to be generated
and or recovered from the covered project is substantially different
from the C&DMMP, the applicant shall submit an addendum to the
original C&DMMP. The addendum shall be processed in the same manner
as the original C&DMMP.
D.
Security
Deposits. Each applicant for a covered project shall submit a security
deposit with the C&DMMP. The amount of the security deposit shall
be calculated as three percent of total project cost or $10,000, whichever
is less. The planning director may waive the security deposit if the
total security required pursuant to this chapter would be $100 or
less.
E.
Application
for Refund of Security Deposits. Within 180 days after issuance of
the certificate of occupancy for a covered project, the applicant
may submit to the planning director documentation that the applicant
has met the diversion requirements of the C&DMMP for the project
and apply for a refund of the security deposit. The diversion requirement
shall be that the applicant has diverted at least 50% of the total
C&D materials generated by the covered project via reuse or recycling,
unless the applicant has been granted an exemption pursuant to this
chapter, in which case the diversion requirement shall be the maximum
feasible diversion rate established by the planning director for the
covered project. This documentation may include all of the following:
1.
Receipts
and gate tickets from the vendor or facility which collected or received
C&D materials showing the actual weight or volume of that material;
2.
A
copy of the previously approved C&DMMP for the covered project
adding the actual volume or weight of each type of C&D materials
diverted and transported for disposal in a landfill or transformation
facility;
3.
Any
additional information the applicant believes is relevant to determining
its efforts to comply in good faith with this chapter.
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Applicants shall make reasonable efforts to ensure that all
C&D materials diverted, or delivered to disposal facilities for
disposal, are measured and recorded using the most accurate method
of measurement reasonably available. To the extent practical, all
C&D materials shall be weighed on scales. Such scales shall be
in compliance with all regulatory requirements for accuracy and maintenance.
For C&D materials for which weighing is not practical due to small
size or other considerations, a volumetric measurement shall be used.
For conversion of volumetric measurements to weight, the applicant
shall use the standardized conversion rates approved by the city for
this purpose. Documentation of the foregoing shall consist of photocopies
of receipts, weight tickets, gate tickets, and other records from
recycling facilities, deconstruction contractors, solid waste enterprises
and disposal facilities.
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F.
Determination
of Compliance and Release of Security Deposit. The planning director
shall review the information and determine whether the applicant has
complied with the C&DMMP as follows:
1.
Full
Compliance. If the planning director determines that the applicant
has fully complied with the C&DMMP applicable to the covered project,
the director shall cause the full security deposit to be released
to the applicant.
2.
Good
Faith Effort to Comply. If the planning director determines that the
C&DMMP has not been complied with, the director shall determine
whether the applicant made a good faith effort to comply with this
chapter. In making this determination, the planning director shall
consider the availability of markets for the C&D materials transported
for disposal in a landfill or transformation facility, the size of
the covered project, and the documented efforts of the applicant to
divert C&D materials. If the planning director determines that
the applicant has made a good faith effort to comply with this chapter,
the director shall approve the release of the security deposit, or
a portion thereof, to the applicant. Any portion of the security deposit
not released to the applicant shall be forfeited to the city, and
shall be used for the purposes of promoting recycling within the city.
3.
Noncompliance.
If the planning director determines that the applicant has not made
a good faith effort to comply with this chapter, or if the applicant
fails to submit the documentation required by this chapter within
the required time period, then the security deposit shall be retained
by the city and a stop work order may be issued for the covered project.
4.
Partial
Refund. The planning director may authorize a partial refund when
less than 50% by weight of the C&D materials generated by the
project was diverted from disposal at a disposal facility. Any partial
refund shall be in the same ratio as the demonstrated amount of diverted
waste bears to 50% by weight of the total.
5.
Refund
of Erroneous Payment. The director may authorize the refund of any
security deposit which was erroneously paid or collected.
6.
Withdrawal
of Building or Demolition Permit Application. The director may authorize
the refund of any security deposit if the building or demolition permit
application is withdrawn or cancelled before any work has begun.
G.
Exemptions.
1.
Application.
If an applicant for a covered project experiences or anticipates unique
circumstances that the applicant believes makes it not feasible to
comply with the diversion requirement, the applicant may apply for
an exemption at the time that the applicant submits the C&DMMP
required by this chapter. The applicant shall indicate on the C&DMMP
the maximum rate of diversion the applicant believes is feasible for
each material and the specific circumstances that the applicant believes
makes it not feasible to comply with the diversion requirement.
2.
Meeting
with Planning Director. The planning director shall review the information
supplied by the applicant and may meet with the applicant to discuss
possible ways of meeting the diversion requirement. Based on the information
supplied by the applicant, the planning director shall determine whether
it is possible for the applicant to meet the diversion requirement.
3.
Granting
of Exemption. If the planning director determines that it is not feasible
for the applicant to meet the diversion requirement, the director
shall determine the maximum feasible diversion rate for each material
and shall designate this rate on the C&DMMP submitted by the applicant.
The planning director shall return a copy of the C&DMMP to the
applicant marked "Approved for Partial Exemption."
4.
Denial
of Exemption. If the planning director determines that it is possible
for the applicant to meet the diversion requirement, the director
shall so inform and give reason(s) to the applicant in writing. The
applicant shall have 30 days after receipt of such notification to
resubmit a C&DMMP form in full compliance with this chapter. If
the applicant fails to resubmit the C&DMMP, or if the resubmitted
C&DMMP does not comply with this chapter, the planning director
shall deny the C&DMMP, and a zoning clearance for a building or
demolition permit for that covered project shall not be issued.
H.
Appeals
of Decisions Regarding C&DMMP, Security Deposit, Refunds or Exemptions.
1.
Appeal.
Each applicant shall have the right to appeal any decision made by
the planning director to the city manager or the city manager's designee.
The applicant must file a notice of appeal from the ruling of the
planning director with the city clerk, with a copy to the planning
director within ten calendar days of receipt of notice of the planning
director's decision. The notice of appeal shall include all evidence
and legal arguments which the applicant wishes the city, and any reviewing
court to consider.
2.
Decision
by the City Manager. The decision made by the city manager, or the
city manager's designee, shall be in writing, stating the legal and
factual basis for the decision. The decision shall be final and conclusive.
(Ord. 06-01 § 2, 2006)
It is unlawful and a violation of this chapter to do any of
the following:
A.
To
wilfully fail to comply with any provision of this chapter;
B.
To
provide false or misleading information in any plan, report or document
required in this chapter;
C.
To
fail to meet the diversion requirement for any covered project.
(Ord. 06-01 § 2, 2006)
