For the purposes of this chapter, the following words and phrases shall mean:
Applicant:
any individual, firm, limited liability company, association, 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 similar operations on a project within the city.
City-Sponsored Project:
a project constructed by the city or a project receiving 50% or more of its financing from the city.
Construction:
the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
Construction and Demolition Debris:
building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Sections 66261.3, et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
Covered Project:
those projects that qualify as covered projects pursuant to Section 9.65.015.
Deconstruction:
the selective dismantling or removal and salvaging of reusable materials, including, but not limited to, appliances, fixtures, windows, and other components, from buildings or other structures prior to their demolition.
Demolition:
the razing, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
Divert:
to use material for any purpose other than disposal in a landfill or material recovery facility.
Diversion Requirement:
the diversion of a percentage of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 9.65.010 in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan compliance official in relation to the project.
Material Recovery Facility:
a processing facility permitted by the State of California where solid waste and/or recyclable materials are sorted or separated, by hand or by the use of machinery, for the purpose of recycling, reuse, and/or composting.
Non-Covered Project:
those projects that do not qualify as covered projects pursuant to Section 9.65.015.
Project:
any activity which requires an application for a building or demolition permit or any similar permit from the city.
Recycling:
the same meaning as set forth in Public Resources Code Section 40180, as amended from time to time.
Renovation:
any change, addition, alteration or modification to an existing facility, structure, wall, fence, or paving, including any tenant improvements to an existing facility or structure.
Reuse:
the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
Solid Waste:
all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, 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. "Solid waste" does not include any of the following wastes:
1. 
Hazardous waste, as defined in Public Resources Code Section 40141;
2. 
Radioactive waste regulated pursuant to the Radiation Control Law [Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code];
3. 
Medical waste regulated pursuant to the Medical Waste Management Act [Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code].
Waste Diversion:
the diversion of solid waste, in accordance with all applicable federal, state, and local requirements, from disposal at solid waste landfills or transformation facilities through recycling, reuse or composting. Where used in this chapter, the words "diversion" and "divert" shall refer to waste diversion.
Waste Diversion Fee Deposit:
a fee deposited with the city pursuant to Section 9.65.045.
Waste Management Plan (WMP):
a completed waste management plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.
Waste Management Plan Compliance Official:
the building official or his or her designee.
(Ord. 1578)
A. 
At least 75% of all concrete and asphalt construction and demolition debris and 50% of all other construction and demolition debris generated by any covered project shall be delivered to a material recovery facility, with the intention that such material be recycled, or otherwise diverted from landfills through direct delivery of such materials to brokers or end-users, through on-site reuse, or through any other diversion method(s) specified in an approved waste management plan. When calculating diversion amounts pursuant to this section, "all other construction and demolition debris" shall include fixtures, appliances, and other similar items. All covered projects are subject to Section 6.20.180 regarding unauthorized containers.
B. 
Each applicant for a covered project shall meet the diversion requirements of this section unless the applicant is granted an exemption pursuant to this chapter, in which case the diversion requirement shall be the maximum diversion rates feasible (the "lower alternate diversion rates") as established in writing by the building official in his or her sole discretion.
(Ord. 1578)
"Covered project" shall mean any of the following projects:
A. 
Additions of 1,000 square feet or more of gross floor area;
B. 
Tenant improvements of 1,000 square feet or more of gross floor area;
C. 
New structures of 1,000 square feet or more of gross floor area; and
D. 
Demolition of 1,000 square feet or more of gross floor area.
(Ord. 1578)
Applicants for non-covered projects are encouraged to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this chapter. All noncovered projects are subject to Section 6.20.180 regarding unauthorized containers.
(Ord. 1578)
A. 
City-sponsored construction, demolition or renovation activities that involve 1,000 square feet or greater of project area shall divert construction and demolition debris in a manner consistent with this chapter to the extent necessary to meet or exceed the diversion requirements of Section 9.65.010. For such city-sponsored projects, a written waste management plan, in a form approved by the city, must be submitted to and approved by the building official prior to the commencement of the subject construction, demolition, or renovation activities.
B. 
City-sponsored construction, demolition and renovation activities that involve less than 1,000 square feet of project area are not required, but shall be encouraged, to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this chapter.
(Ord. 1578)
In order to ensure the diversion of reusable and/or recyclable fixtures, appliances, and other similar items from every demolition or renovation project, no demolition may take place until the applicant for a covered project has demonstrated through documentation submitted to and approved by the building official that deconstruction activities will take place prior to demolition. At a minimum, such documentation shall identify the name of the party that will conduct the deconstruction activity and the dates or time period when such activity is anticipated to occur. Reusable materials salvaged and diverted through the deconstruction of any covered project shall count towards the diversion requirements of Section 9.65.010 if such materials are included in the WMP and in the reporting documentation required by Section 9.65.055.
(Ord. 1578)
A waste management plan and a waste diversion fee deposit shall not be required for the following:
A. 
Activities that do not qualify as covered projects under this chapter;
B. 
Roofing projects that do not include the tear-off of existing roof;
C. 
Work that requires only a plumbing, electrical, or mechanical permit;
D. 
Seismic retrofits;
E. 
Emergency demolition required to protect the public health and safety;
F. 
Projects that have obtained a valid building permit prior to the effective date of this chapter; and
G. 
A project of city public works or city public construction for which the notice inviting bids has been published pursuant to Section 3.20.030(B), Bid Invitation Notice, of this code prior to the effective date of this chapter.
(Ord. 1578)
A. 
The applicant for a covered project shall submit a WMP to the city, in a form approved by the city, and receive express written approval of the WMP from the building official, prior to beginning any construction, demolition, or renovation activities that generate solid waste.
B. 
The applicant shall submit its completed, signed and dated WMP to the city during the construction, demolition, and/or similar permit application process(es). Approval of the WMP by the building official shall be a condition precedent to the issuance of any building or demolition permit for all projects that require a WMP under this chapter. At a minimum, an approved WMP shall contain the following:
1. 
Proposed start and end date for the project;
2. 
Description of deconstruction efforts to be made;
3. 
Estimated weight of project waste to be generated by material type;
4. 
Maximum weight of such materials that can feasibly be diverted via reuse or recycling by material type;
5. 
Vendor(s) that the applicant proposes to use to haul the materials;
6. 
Name and location of facility or facilities to which the materials will be hauled, and their expected diversion rates by material type; and
7. 
Estimated weight of construction and demolition debris that will be disposed of in a landfill.
If necessary to estimate the weight of materials identified in the WMP, the applicant may use standardized volume to weight conversion rates and methodologies approved by the building official. If the applicant calculates the projected feasible diversion amounts as described above, and finds the amounts do not meet the diversion requirements, the applicant must then submit documentation supporting and justifying a lower alternate diversion rate. If this documentation is not included, the WMP shall be deemed incomplete.
C. 
The building official shall only approve a WMP if he or she determines that all of the following conditions have been met:
1. 
The WMP provides all of the required information set forth in this section, and any other requested information deemed necessary by the building official;
2. 
The WMP indicates that at least the required percentage of each type of construction and demolition debris generated by the project, as set forth in Section 9.65.010, or lower alternate diversion rates as justified in the submitted WMP and approved in writing by the building official, shall be diverted; and
3. 
The applicant has submitted an appropriate waste diversion fee deposit and administrative fee for the project in accordance with Section 9.65.045.
D. 
Upon approval of the building official, a master waste management plan may be submitted for multiple tenant improvement covered projects that will be completed during a single calendar year. The information in the master waste management plan must conform to the requirements contained in subsection B of this section, and must be presented for each individual covered project included in the master waste management plan.
E. 
If the building official determines that the WMP is incomplete or fails to indicate that at least the required percentages (or approved lower alternate diversion rates) of all construction and demolition debris generated by the project will be diverted, he or she shall either:
1. 
Return the WMP to the applicant marked "Disapproved," including a statement of reasons for disapproval; or
2. 
Return the WMP to the applicant marked "Further Explanation Required," including a statement of necessary information or explanation.
F. 
If during the course of a covered project the applicant determines based on new or previously unknown or undiscovered conditions that he or she will be unable to meet the required diversion rates (or approved lower alternate diversion rates), the applicant may submit a revised WMP to the building official including documentation supporting and justifying lower alternate diversion rates. The building official, in his or her sole discretion, may approve or reject the revised WMP and the lower alternate diversion rates.
(Ord. 1578)
A. 
Waste Diversion Fee Deposit. As a condition precedent to the issuance of any construction, demolition, or similar permit for a covered project, the applicant shall post a deposit with the city in an amount per square foot of building area related to covered project that will be constructed, demolished, or renovated, as established by resolution of the city council. In no case shall the required deposit exceed $50,000 for any single covered project. The deposit shall be returned in total to the applicant, promptly and without interest, at the conclusion of the project and upon the applicant presenting proof satisfactory to the building official that no less than the required diversion rates (or approved lower alternate diversion rates) of construction and demolition debris generated by the covered project have been recycled, reused or otherwise diverted from landfills to the extent indicated in the approved WMP. City-sponsored construction, demolition and renovation activities shall be exempt from the waste diversion fee deposit requirements.
If lesser diversion rates of construction and demolition debris tonnage than required were diverted, the deposit refund shall be returned on a pro-rata basis based on the percentage of compliance with the required diversion rate.
Failure to comply with the provisions of Section 9.65.055 will result in the applicant's forfeiture of the entire waste diversion fee deposit.
B. 
Waste Diversion Administrative Fee. As a condition precedent to the issuance of any construction, demolition, or similar permit for a covered project, the applicant shall pay an administrative fee with the city in an amount per square foot of building area related to covered project that will be constructed, demolished, or renovated, as established by resolution of the city council. City-sponsored construction, demolition and renovation activities shall be exempt from the waste diversion administrative fee requirements.
C. 
Certificates of occupancy on a project shall not be withheld due solely to the failure of a project to achieve the diversion requirements of the WMP.
D. 
The city may at any time, by formal resolution of the city council, modify the basis for calculation of the required fee deposit or administrative fee.
(Ord. 1578)
During the course of completion of the covered project, the applicant shall divert the required percentage of waste and keep records of such activities in a form specified by the building official. The building official will evaluate and may monitor each covered project to determine the percentage of waste recycled or reused from the covered project. For covered projects involving both construction/renovation and demolition activities, diversion of materials from demolition activities shall be tracked and measured separately from diversion of materials from construction/renovation activities. To the maximum extent feasible, project waste shall be separated on-site if this practice increases separation shall include, but not be limited to, salvageable materials (e.g., fixtures, appliances, and other similar items) and dimensional lumber, wallboard, diversion. For construction, demolition and/or renovation projects, on-site concrete and corrugated cardboard.
(Ord. 1578)
A. 
Within 180 days following the completion of the demolition phase of a covered project, and again within 180 days following the completion of the construction and/or renovation phase of a covered project, the applicant shall, as a condition precedent to receiving a refund of the waste diversion fee deposit set forth in Section 9.65.045, submit documentation demonstrating to the satisfaction of the building official compliance with both the diversion requirements set forth in Section 9.65.010, and the approved WMP for the project.
The documentation shall include a copy of the approved WMP; actual waste tonnage supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, end users, and/or landfill and disposal companies; and any other documentation required in the approved WMP. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or will be recycled, reused, or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reusable waste is measured and recorded using the most accurate method of measurement available.
B. 
To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste 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 standardized conversion rates and methodologies approved by the building official.
C. 
If a covered project involves both demolition and renovation or construction, the report and documentation for the demolition phase of the project must be submitted and approved by the building official prior to the issuance of a building permit for the construction or renovation phase of the project. Alternatively, the applicant may submit a letter stating that no non-hazardous solid waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the building official.
D. 
Any deposit posted pursuant to Section 9.65.045 of this chapter shall be forfeited if the applicant does not meet the timely reporting and other requirements of this section.
(Ord. 1578; Ord. 1601)
If an applicant is aggrieved by any decision of the building official under this chapter, the applicant may appeal pursuant to the provisions of Chapter 1.15, Enforcement.
(Ord. 1578)