Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usages. For the purposes of this chapter, the following definitions apply:
"Administrative fee"means the cost associated with processing, reviewing, and deeming compliance with waste reduction and recycling plans.
"Applicant"means any person, firm, partnership, association, joint venture, limited liability company, 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 to undertake any construction, demolition, renovation or remodeling project within the City of Napa, unless otherwise specifically exempted by law.
"City project"means any city-funded construction or reconstruction project with a construction cost of $100,000.00 or more as verified by the City Engineer, or a new city-funded construction or reconstruction project that exceeds 5,000 square feet of new, improved, or remodeled area. For the purposes of calculating the square footage of a City project, the square footage of a public construction project shall not include the portion of any project that includes:
1. Underground public works projects;
2. Street or sidewalk construction;
4. Utility facilities with the exception of administrative buildings and facilities which house city employees.
"Compliance Official"means the C&DD Compliance Official, who is hereby deemed to be the City of Napa's Materials Diversion Administrator, or a designee of the Materials Diversion Administrator or the City Manager.
"Construction"means the building, remodeling or repair of any facility, structure or improvement or any portion thereof, including, but not limited to, any tenant improvement, site or utility improvement, to an existing facility, structure or improvement.
"Construction and demolition debris (C&DD)"means waste building materials, debris, packaging and rubble resulting from construction and demolition operations on pavements, houses, commercial and industrial buildings and other structures and improvements, and that are not hazardous, as defined in California Code of Regulations, Title 22, Section
66261.3 and that contain no more than one percent putrescible wastes by volume.
"Conversion rate"means the rate set forth in the standardized Conversion Rate Table approved by the city's Public Works Director for use in estimating the volume or weight of materials identified in a waste management plan that is in effect on the date of the complete application for a WRRP. The conversion rate table shall be maintained on file with the Public Works Director.
"Covered project"means a construction or demolition project that meets one of the following: (1) a project that exceeds $100,000.00 in building valuation; or (2) a construction project that exceeds 5,000 square feet of new, improved, or remodeled area; or (3) a demolition exceeding 5,000 square feet in floor area; or (4) all city projects for which a building permit would normally be issued.
Note: For the purposes of this chapter, square footage shall be defined and calculated as the total developed or habitable square foot of a building or project. For example, a three-story building with 2,000 square foot of office space on each floor, would be considered to be 6,000 square feet, and therefore considered a covered project under this chapter.
A covered project shall not include any of the following, which are exempt from the requirements of this chapter:
1. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by the Compliance Official or any Public Safety Official or Code Compliance Officer of the city given prior to demolition;
2. A project of city public works or city public construction for which the notice inviting bids has been published prior to the effective date of the ordinance codified in this chapter;
3. A project contaminated by hazardous substances or waste as defined by state or federal law;
4. Landscape projects performed by commercial gardeners servicing residential and commercial customers. Materials generated under this project should be recycled or composted whenever possible, but are not subject to the requirements of this chapter;
5. Any project for which compliance with this chapter would impair a vested right to proceed with a building or project application conferred either under common law, a development agreement, a vesting tentative map, or other legal doctrine or statute limiting the city's ability to apply new laws and regulations to building or development proposals.
"Deconstruction"means the systematic removal of usable items from a facility, structure, or improvement in order to salvage materials for diversion.
"Demolition"means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, improvement, pavement or building, whether in whole or in part, whether interior or exterior.
"Diversion requirement"means the diversion of at least 50% by weight of the total Cⅅ and 80% of concrete and asphalt; generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Compliance Official for the project. Diversion requirements increase in later years as noted in Section
15.32.050(D) of this chapter and are subject to annual review as noted in Section 15.32.050(F).
"Divert"means to use material for any purpose other than disposal in a landfill, and shall include reuse, recycling and salvage.
"Noncovered project"means a project that is exempt or does not exceed the minimum threshold that triggers compliance with this chapter and thus is not a covered project. Noncovered projects do not have to comply with the diversion percentage requirements of this chapter or submit a waste reduction and recycling plan, but still need to divert for recycling the materials noted in Section
15.32.090.
"Program"means the city's administration, implementation and enforcement of the provisions of the C&DD regulations set forth in this chapter.
"Project"means any construction or demolition activity which requires an application for a building, demolition or any other permit from the city.
"Recycle" or "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.
"Reuse"means further or repeated use of C&DD.
"Salvage"means the controlled removal of C&DD from a permitted construction or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.
"Valuation"means the project's value in US dollars as assigned by the Chief Building Official of the City of Napa, except for city projects, whose valuation shall be determined by the City Engineer.. This valuation will used to determine whether a project is required to meet the diversion requirements established for covered projects under this chapter, and to establish the maximum possible penalty for violations of this chapter as set forth in Section
15.32.120.
(O2010 18, 10/19/10)