The purpose of this chapter is to prescribe requirements designed to meet and further the goals of the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill 939 (as codified under California
Public Resources Code 40000 et seq.), to comply with the statewide, mandatory Green Building Standards Code (CalGreen) requiring all new buildings in the state to be more energy efficient starting January 1st of 2011, and to support the City of Napa's green building regulations, as codified under Napa Municipal Code Chapter
15.30 affecting new development.
(O2010 18, 10/19/10)
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)
Applicants shall pay a nonrefundable administrative fee, established
by resolution of the City Council, to pay for the administrative costs
associated with review and enforcement of the WRRP submittal. This
administrative fee will be collected as part of the building permit
application for covered projects.
(O2010 18, 10/19/10)
The requirements of the WRRP, the form itself, and the program are subject to annual review by the Compliance Official. Elements of the program, including threshold for covered projects, diversion requirements, designated recyclable and reusable materials list (as provided for under Section
15.32.090) may be adjusted by the Public Works Director for just cause (economic conditions, inflation, emerging recycling markets, etc.).
(O2010 18, 10/19/10)
The following lists of materials are considered to be recyclable
materials and shall be diverted from landfill through reuse or using
local recycling markets. This diversion requirement applies to both
covered and noncovered projects, building permit application, and
city sponsored projects and is irrespective of the diversion percentage
requirements of this chapter. Designated recyclable and reusable materials
are as follows:
A. Masonry
building materials including all products generally used in construction
including, but not limited to, asphalt, concrete, rock, stone, and
brick;
B. Wood
materials including any and all dimensional lumber, fencing, or construction
wood that is not chemically treated, creosoted, chromated copper arsenate
pressure treated, contaminated, or painted;
C. Vegetable
and organic materials suitable for composting including trees, tree
parts, shrubs, small stumps, logs, brush, or any other type of plants
that are cleared from a site for construction or other use;
D. Metals,
including all metal scrap such as, but not limited to, pipes, siding,
window frames, door frames, and fences;
E. Salvageable
materials and structures that are in good working order and can be
reused, including, but not limited to, wallboard, doors, windows,
fixtures, toilets, sinks, bath tubs, and appliances;
F. Any
other construction or demolition debris that is nonhazardous and available
for recycling or reuse.
(O2010 18, 10/19/10)
An appeal of the decision of the Compliance Official may be made to an administrative Hearing Officer in accordance with the provisions of Chapter
1.26.
(O2010 18, 10/19/10)
If an applicant has not received a determination of "substantial compliance" by the Compliance Official prior to issuance of a temporary certificate of occupancy, the Compliance Official may require (as a condition of issuance of a temporary certificate of occupancy) that the applicant post the fine (based on the calculation set forth in Section
15.32.120) and that the applicant obtain full or substantial compliance with this chapter within a specified time. In the event the applicant posts the fine amount pursuant to this section, and the Compliance Official determines that the applicant has obtained timely full or substantial compliance with this chapter, the Compliance Official shall return the posted fine to the applicant in full, without interest, within 60 days.
The fine shall be forfeited either in its entirety (or portion thereof as established in Section
15.32.120(A)) for failure to comply with the requirements of this chapter.
(O2010 18, 10/19/10)
Nothing prohibits the placement of containers for the collection
of recyclable solid waste sold or donated by the generator of such
solid waste. If, however, the generator of the recyclable solid waste
is required to pay monetary or nonmonetary consideration for the collection,
transportation, transfer, or processing of the recyclable solid waste,
or for the use of containers for such solid waste, this exemption
does not apply. The person providing containers for the collection
of recyclable solid waste has the burden of showing that the recyclable
solid waste was sold or donated in compliance with the exemption.
(O2010 18, 10/19/10)
Illegal hauling and illegal dumping present dangers to the health,
safety, welfare, public finances and quality of life of the citizens
of the City of Napa. All mixed C&DD and unrecyclable C&DD,
including that from sources other than covered projects, must be contained
in a manner so as to prevent blowing or scattering. Anyone caught
illegally dumping solid waste or C&DD in the City of Napa shall
be subject to fines of up to $3,000.00 and any other enforcement actions
authorized under Title 1 of this code.
(O2010 18, 10/19/10)