This chapter is known as the "Construction and Demolition
Debris Recycling Ordinance."
(Ord. 562 § 3, 2019)
A.
The
purpose of this chapter is to promote the recycling of construction
and demolition debris in order to protect the public health, safety,
and welfare, and to meet the City's obligations under AB 939
and the current version of the California Green Buildings Standards
Code.
B.
To ensure
compliance with this chapter and to ensure that those contractors
that comply with this chapter are not placed at a competitive disadvantage,
it is necessary to impose a waste diversion security deposit requirement.
C.
The
chapter is also intended to divert building materials from landfills,
and process and return the materials into the economic mainstream,
thereby conserving natural resources and stimulating markets for recycled
and salvaged materials.
(Ord. 562 § 3, 2019)
In this chapter:
means the California Integrated Waste Management Act, codified
at California Public Resources Code Section 40000 et seq., including
any amendments or modifications.
means a recycling, composting, materials recovery or reuse
facility which accepts construction and demolition debris and which
meets minimum State standards for such facilities.
means a capital improvement project constructed by the City
or its contractor, agent, or designee.
means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility
or structure. Construction does not include a project limited to interior
plumbing work, interior electrical work or interior mechanical work.
means the waste building materials, packaging, and rubble
resulting from construction, remodeling, repair, alteration, and/or
demolition operations on pavements, houses, commercial buildings,
and other structures and may include, but is not limited to, concrete,
asphalt, wood, cardboard, metals, bricks, and other inert waste.
means a report, prepared in a form approved by the Director, submitted as required by Section 9.04.080, which identifies all C&D debris expected to be generated as a result of any covered project.
means a report, prepared in a form approved by the Director, submitted as required by Section 9.04.100, which identifies the amounts of all C&D debris generated by the project, and the amounts recycled or diverted.
means the rate set forth in the standardized conversion rate
table approved by the Director pursuant to this chapter for use in
estimating the volume or weight of materials identified in debris
management plan.
means any project type set forth in Section 9.04.040 of this chapter.
means a process to dismantle or remove useable materials
from structures, in a manner that 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 the Director of Planning and Building of the City of
Santee and any subsequent title for this department head, the City
Planner, or designee. In the event that this position is vacant or
eliminated by the City, the Director shall be the City Manager or
designee.
means the final deposition of solid waste at a permitted
landfill.
means the reduction or elimination of solid waste from landfill disposal. "Diversion requirement" has the meaning set forth in Section 9.04.060 of this chapter.
means the activities set forth in Section 9.04.050 of this chapter.
means the most current version of the California Green Building
Standards Code as adopted by the City.
means a residential building that is four stories or greater
in height.
means a residential building that is three stories or less.
means the process of collecting, sorting, cleansing, deconstructing,
treating, and reconstituting materials that would otherwise be solid
waste, and the return of those materials to the economic mainstream
in the form of materials which meet the quality standards necessary
to be used in the marketplace for new, reused, or reconstituted products.
means any change, addition, or modification in an existing
structure that requires a 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 or demolition
debris.
means the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
means all putrescible and nonputrescible solid, semisolid,
and liquid wastes, including, but not limited to, garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, construction and
demolition debris, abandoned vehicles and parts thereof, discarded
home and industrial appliances, recyclables, 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.
means a "project" involving structural or other
modifications of an existing commercial structure resulting in the
generation of construction and demolition debris.
means batteries, electronic devices, mercury-containing equipment,
lamps, cathode ray tubes or glass, and aerosol cans.
means any cash, check, credit card, or certified check in a form acceptable to the City, submitted to the City as pursuant to Section 9.04.090 of this chapter.
(Ord. 562 § 3, 2019; Ord. 589 § 2, 2021; Ord. 612 § 2, 2023)
The requirements set forth in this chapter apply to all construction
and demolition permits issued for any project types set forth in subsections
A through D.
A.
Demolition.
Any demolition of a structure including remodels and tenant improvements.
B.
Residential.
1.
The
construction of new residential structures, including accessory dwelling
units, single-family, multifamily, and condo conversions, regardless
of the square footage of the floor area.
2.
Additions
or accessory structures to existing residential structures where the
addition or alteration increases the building's conditioned
area, volume or size. The requirements shall apply only to and/or
within the specific area of the addition or alteration.
C.
Commercial/Industrial.
1.
The
construction of all new commercial/industrial buildings.
2.
Additions
or accessory structures to existing commercial or industrial structures
that involve 1,000 square feet or more of floor area.
3.
Alterations
to existing commercial or industrial structures with a permit valuation
of $200,000.00 or more.
D.
City-Sponsored
Projects. City-sponsored projects for which the City provides funding
in excess of $100,000.00, or which fall within one of the above categories.
(Ord. 562 § 3, 2019; Ord. 589 § 2, 2021; Ord. 600 § 3, 2022)
The following activities are exempt from the requirements of
this chapter when alone or in combination with one another, except
if the activity or activities is/are undertaken in conjunction with
a project that is otherwise subject to this chapter:
A.
Projects
for which a construction or demolition permit is not required;
B.
Projects
for which only a plumbing, electrical or mechanical permit is required;
C.
Installation
or repair of a retaining wall;
D.
Installation,
replacement or repair of a carport, patio cover, balcony, trellis
or fireplace;
E.
Installation,
replacement or repair of a deck;
F.
Installation,
replacement or repair of a fence;
G.
Installation,
replacement, demolition or repair of a single-family residential swimming
pool or spa;
H.
Installation,
replacement, or repair of a pre-fabricated sign or the structure to
which the sign is attached;
I.
Installation,
replacement or repair of storage racks;
J.
Installation
of any solar photo-voltaic system;
K.
Replacement
of any roofing system;
L.
Construction
of a junior accessory dwelling unit.
|
No exemption set forth above excuses compliance with the California
Green Building Standards Code, as applicable.
|
(Ord. 562 § 3, 2019; Ord. 589 § 2, 2021)
A.
Covered.
Applicants for covered projects must divert from landfills a minimum
weight of C&D debris generated from the covered project or other
amount established by State law, whichever is higher, by using recycling,
reuse, and diversion programs, as follows:
1.
For projects subject to Sections 9.04.040(A) and 9.04.040(B)(2), the C&D waste diversion requirement shall be satisfied by a minimum diversion of 65% by weight of C&D debris.
2.
For projects subject to Section 9.04.040(B)(1), the C&D waste diversion requirement shall be satisfied by any of the following:
a.
A minimum diversion of 65% by weight of C&D debris;
b.
For low-rise residential buildings, the C&D debris generated
by the project does not exceed 3.4 pounds per square foot of the building
area; or
c.
For high-rise residential buildings, the C&D debris generated
by the project does not exceed two pounds per square foot of the building
area.
3.
For projects subject to Section 9.04.040(C)(1), the C&D waste diversion requirement shall be satisfied by any of the following:
4.
For projects subject to Section 9.04.040(C)(2) through (4), the C&D waste diversion requirement shall be satisfied by a minimum diversion of 65% by weight of C&D debris. In addition, for projects subject to Section 9.04.040(C)(2) through (4), universal waste items, including fluorescent lamps and ballast and mercury containing thermostats, shall be disposed of properly and diverted from the landfills. A list of prohibited universal waste materials shall be included in the construction documents.
B.
Non-Covered
or Exempt. Applicants for non-covered and exempt projects within the
City are encouraged to divert 65% by weight of C&D debris generated
from the covered project or other amount established by State law,
whichever is higher, by using recycling, reuse, and diversion programs.
C.
In the
event of any type of disaster, the above stated diversion goals apply
to all relief clean-up efforts. Tracking of disaster debris disposal
data is the responsibility of the City through the methods provided
for in this chapter.
(Ord. 562 § 3, 2019; Ord. 589 § 2, 2021)
B.
Weighing
of Wastes. Applicants for covered projects must 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.
To the extent practical, all C&D debris must be weighed by measurement
on scales in compliance with all regulatory requirements for accuracy
and maintenance. If weighing is not practical due to small size or
other considerations, a volumetric measurement must be used. For conversion
of volumetric measurements to weight, the applicant must use the standardized
conversion rate table approved by the City.
C.
Asbestos
Handling. Any covered project conducting demolition of 100 square
feet or more, except for a project involving demolition activities
on one single-family residence, must provide the City with an asbestos
materials test report from a certified California State asbestos professional
demonstrating that none of the materials to be demolished or disturbed
contain asbestos in a concentration of one percent or higher. If asbestos
containing materials are found, a certified asbestos abatement company
must remove the material(s) prior to the issuance of any building
or demolition permit, and a final abatement report documenting all
materials identified as asbestos containing materials have been properly
removed and disposed as a condition of the building or demolition
permit.
D.
Water Quality Control. All construction and debris recycling activities must be conducted in a manner to comply with Chapter 9.06, Stormwater Management and Discharge Control, as amended from time to time. At a minimum this includes:
1.
Any
demolition, removal, crushing, movement or loading operations must
be managed to prevent the discharge of dust or debris, and must, at
a minimum, keep all materials covered and contained.
2.
Any
solid or liquid spills must be removed immediately.
3.
All
stockpiles must be covered and located away from concentrated flows
of stormwater, drainage courses and inlets.
4.
Materials
that are not stockpiled must be stored off the ground and under cover.
5.
Any
materials containing, or that may reasonably be expected to contain
hazardous materials, must be handled and stored in such a manner to
prevent the release of hazardous materials.
6.
Covers
must be used on trucks transporting diverted waste.
(Ord. 562 § 3, 2019; Ord. 612 § 2, 2023)
A.
Except
as otherwise provided in this chapter, applicants for any covered
project must submit a properly completed C&D debris management
plan (DMP), identifying all waste materials expected to be generated
as a result of the project at the time of demolition or building permit
application.
B.
No building
or demolition permit may be issued for a covered project unless the
applicant has submitted a properly completed DMP to the satisfaction
of the Director.
C.
For
covered projects, with the exception of those projects that will satisfy
diversion requirements under Sections 9.040.060(A)(2)(b) and (c),
the DMP must contain, at minimum, the following:
1.
The
type of project;
2.
The
total square footage of the project;
3.
The
estimated weight of project C&D debris to be generated by material
type;
4.
The
C&D debris materials that will be diverted from disposal by recycling,
reuse on the project or salvage for future use or sale;
5.
If
C&D debris will be sorted on-site (source-separated) or bulk mixed
(single stream);
6.
Diversion
facilities where the C&D debris will be taken;
7.
Construction
methods taken to reduce the amount of C&D debris generated; and
8.
A
statement that specifies that the amount of C&D debris diverted
shall be calculated by weight.
D.
The
City will provide a conversion rate table for the purpose of calculating
the weight of C&D debris. The applicant must use the conversion
rate table in estimating the weight of materials identified in the
DMP.
E.
An applicant
for a project involving the removal of all or part of an existing
structure must consider deconstruction to the maximum extent feasible,
and make the materials generated available for salvage before placing
in a landfill. These salvaged materials must be included as part of
the overall diversion rate.
F.
Acknowledgment
of Responsibility. The DMP must be signed by the applicant and/or
property owner indicating: (1) an understanding of consequences of
not meeting the diversion requirement; and (2) that they are responsible
for the actions of their subcontractors with regard to this diversion
requirement.
(Ord. 562 § 3, 2019; Ord. 589 § 2, 2021)
Except as otherwise provided in this chapter, applicants for
covered projects must pay a deposit prior to receiving a building
or demolition permit for a covered project. The amount of the deposit
will be calculated based on the square footage and type of project,
in amounts established by resolution of City Council.
(Ord. 562 § 3, 2019)
Documentation. Within 90 days after completing a covered project, the applicant must submit a C&D debris recycling report (DRR) and documentation to the Director, showing how C&D debris generated by the covered project was diverted at the rates set forth in Section 9.04.060. Such documentation for compliance must include the following:
A.
A copy
of a completed C&D DRR;
B.
A copy
of any previously approved C&D DMP for the project;
C.
Receipts
from the vendor or facility which collected or received each material
showing the actual weight of that material, or if the improvements
are part of a larger construction project, evidence of cumulative
weight of C&D material;
D.
For
materials reused on site (e.g., crushed concrete for base material,
wood for mulch) photographs are encouraged;
E.
Any
additional information the applicant believes is relevant in demonstrating
efforts to comply in good faith.
(Ord. 562 § 3, 2019; Ord. 589 § 2, 2021)
A.
No deposit
for a covered project may be refunded unless the applicant completes
the following requirements of this section to the satisfaction of
the Director:
1.
Requests
a refund within 90 days after the final inspection date of the covered
project for which the deposit was paid, or requests a refund prior
to final inspection when:
a.
The project has a master developer and multiple commercial and/or
retail tenants constructing their own tenant improvements, or
b.
The developer has completed construction of the project, except for
the tenant improvements when the tenant improvements are the sole
responsibility of the commercial and/or retail tenant; and
2.
Submits
a C&D debris recycling report that demonstrates compliance with
this chapter.
B.
The
Director must authorize the refund of any diversion deposit that was
erroneously paid or collected and when the permit application is withdrawn
or cancelled before any work has begun.
(Ord. 562 § 3, 2019; Ord. 612 § 2, 2023)
A.
If the
Director determines that an applicant for a covered project has not
met the required diversion requirement set forth in this chapter,
then the applicant forfeits the deposit.
B.
In the
case of hardship, the Director may authorize a partial repayment of
the deposit to the applicant equal to the ratio of the diversion rate
that was achieved for the project to the diversion rate that was required.
A showing of hardship requires a written statement from the applicant
which documents the following:
(Ord. 562 § 3, 2019)
Appeals of a determination made by the Director must be made to the City Manager within 10 days after the date of the decision in accordance with Chapter 1.14, except as follows:
A.
The
appeal is limited to the following issues:
B.
The
Director, has an opportunity to provide a written response to the
applicant's appeal.
C.
The
decision of the hearing officer is final.
(Ord. 562 § 3, 2019; Ord. 612 § 2, 2023)
Any deposit that is not refunded or claimed in accordance with
this chapter becomes the property of the City in accordance with State
law. Interest accruing on each deposit is the property of the City,
and the applicant has no claim on the interest.
(Ord. 562 § 3, 2019)
Deposits received by the City may be used for the following
purposes:
A.
The
payment of refunds of deposits, as determined by the Director;
B.
The
payment of costs incurred in administering the City's waste
diversion program;
C.
The
development and implementation of additional policies and programs
approved by the City Council to promote diversion of construction
and demolition debris from landfill disposal and to encourage the
salvage, reuse, and recycling of that waste;
D.
The
payment of costs to develop or improve infrastructure, including the
costs of programs designed to develop or improve infrastructure, to
divert construction and demolition debris from landfill disposal;
E.
The
cost of programs and activities whose purpose is to promote diversion
and recycling in the City.
(Ord. 562 § 3, 2019)
The City's franchised waste hauler must provide the following:
A.
Educational
outreach and technical assistance to divert the maximum amount of
C&D waste;
B.
Information
on all C&D waste recycling program efforts to residents, businesses
and contractors requesting services. At a minimum, specific beneficial
pricing examples of recycling versus landfill disposal tipping fee
rates will be quoted.
(Ord. 562 § 3, 2019)
