A. 
Covered Projects. Prior to beginning any construction or demolition activities, the applicant shall submit a waste management plan to the City Enforcement Official or sign up for C&D services through the City's solid waste hauler and shall comply with all provisions of this chapter.
B. 
Non-covered Projects. Proponents of non-covered projects shall divert at least 65% of all project-related C&D debris, or other diversion requirements as may be imposed by applicable laws, but shall not be required to submit a waste management plan to the Enforcement Official.
C. 
Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.
(Ord. 13-21, 2021)
A. 
Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan ("WMP"), on a WMP form approved by the City for this purpose, as part of the application packet for the building and/or demolition permit. The completed WMP shall indicate all of the following:
1. 
The estimated weight of project C&D debris, by material type, to be generated;
2. 
The maximum weight of such materials that can feasibly be diverted via reuse or recycling;
3. 
The vendor or facility that the applicant proposes to use and receive the material;
4. 
The estimated weight of C&D debris that will be landfilled;
5. 
Any special or specific activities that the applicant will use to comply with the provisions of this section;
For purposes of this chapter, measurements of weight may be satisfied by measurements of volume, as authorized by Section 8.31.060.B.
B. 
Calculating Weight of Debris. In estimating the weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the City for this purpose.
C. 
Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage rather than being landfilled.
(Ord. 13-21, 2021)
A. 
Approval. No building or demolition permit shall be issued for any covered project unless and until the Enforcement Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the Enforcement Official. The Enforcement Official shall only approve a WMP if the official first determines that all of the following conditions have been met:
1. 
The WMP provides all of the information set forth in Section 8.31.030.
2. 
The WMP indicates that at least 65% of all C&D debris generated by the project will be diverted, or other diversion requirements as may be imposed by applicable laws.
3. 
If the Enforcement Official determines that these conditions have been met, the official shall mark the WMP "approved," return a copy of the WMP to the applicant.
B. 
Non-approval. If the Enforcement Official determines that the WMP is incomplete or fails to indicate that at least 65% of all C&D debris generated by the project will be reused or recycled, or other diversion requirements as may be imposed by applicable laws, the Enforcement Official shall either:
1. 
Return the WMP to the applicant marked "denied," including a statement of reasons, and immediately stop processing the building or demolition permit application; or
2. 
Return the WMP to the applicant marked "further information required," accompanied by a description of the needed additional information.
(Ord. 13-21, 2021)
A. 
Documentation. Within 90 days after completion of any covered project, the applicant shall submit to the Enforcement Official documentation that it has met the diversion requirement. This documentation shall include all of the following:
1. 
Receipts from the vendor and facility that collected and received each material showing the actual weight or volume of that material;
2. 
A copy of the previously approved WMP for the project adding the actual weight or volume of each material diverted and landfilled;
3. 
Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with the approved WMP for the project.
B. 
Weighing of Wastes. The applicant shall make reasonable efforts to ensure that all C&D Debris diverted or landfilled, is measured and recorded using the most accurate method of measurement available. Unless otherwise exempted by the Enforcement Official, all C&D debris shall be weighed. Regarding C&D debris for which weighing is not required 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.
C. 
Determination of Compliance and Release of Building Permit. The Enforcement Official shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows:
1. 
Full Compliance. If the Enforcement Official determines that the applicant has fully complied with the diversion requirement applicable to the project, the official shall give authorization for release of the building permit.
2. 
Good Faith Effort to Comply. If the Enforcement Official determines that the diversion requirement has not been achieved, the Enforcement Official may determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the Enforcement Official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the Enforcement Official determines that the applicant has made a good faith effort to comply with the diversion requirement, the official shall authorize release of the building permit.
3. 
Noncompliance. If the Enforcement Official determines that the applicant has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by this chapter within the required time period for construction as specified in the City of Orange Building Code, then the Enforcement Official shall notify the applicant. The applicant is subject to fines as established by resolution of the City Council and other enforcement as authorized. At such time as the Enforcement Official determines the applicant has substantially complied with the diversion requirement, the official shall authorize release of the building permit.
(Ord. 13-21, 2021)
A. 
Application. If an applicant for a covered project believes unique circumstances make it unfeasible to comply with the diversion requirements, the applicant may apply for an exemption at the time the WMP is submitted as required under Section 8.31.030. The applicant shall indicate on the WMP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement.
B. 
Meeting with Enforcement Official. The Enforcement Official 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 Enforcement Official shall determine whether it is possible for the applicant to meet the diversion requirement.
C. 
Granting of Exemption. If the Enforcement Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the Enforcement Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The Enforcement Official shall return a copy of the WMP to the applicant marked "approved for exemption."
D. 
Denial of Exemption. If the Enforcement Official determines that it is possible for the applicant to meet the diversion requirement, the Enforcement Official shall so inform the applicant in writing. The applicant shall resubmit a WMP form in full compliance with Section 8.31.030. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.31.030, the Enforcement Official shall deny the WMP.
(Ord. 13-21, 2021)
Except as otherwise required by the City in its sole discretion, no WMP shall be required for the following:
A. 
Non-covered project.
B. 
Roofing projects not involving the tear-off of the existing roof.
C. 
Residential projects, other than roofing, not involving expansion of square footage of habitable space.
D. 
Work for which only one of the following permits is required: plumbing, electrical, or mechanical permit.
E. 
Seismic tie-down projects.
F. 
Installation of prefabricated enclosures and covers where no foundation or other structural building modifications are required.
G. 
Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required.
(Ord. 13-21, 2021)