The purpose of this chapter is to promote the recycling of C&D debris in order to protect the public health, safety, and welfare and to meet the City's obligations under AB 939 and the California Building Standards Code.
(Ord. 320 § 3, 2019)
means a permit required under the California Building Standards Code as adopted by the City for construction, demolition or otherwise.
means used or discarded non-hazardous materials resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations.
means the City's Public Works Director or designee.
means any project subject to the C&D debris diversion requirements of the current version of the California Building Standards Code as adopted by the City.
means the waste reduction and recycling plan for a covered project.
(Ord. 320 § 3, 2019)
All covered projects shall reuse, recycle, salvage or divert the minimum percentage or amount of C&D debris as required by the then applicable version of the California Building Standards Code. Compliance with this chapter shall be a requirement of any building permit for a covered project.
(Ord. 320 § 3, 2019)
A.
Except as otherwise specified in this chapter, each applicant who applies for a building permit for a covered project shall submit a WRRP with the applicable application fee. No building permit shall be issued for a covered project unless a WRRP has been approved by the C&D Compliance Official.
B.
Prior to starting the project, every applicant shall submit a properly completed WRRP to the City, in a form as prescribed by C&D Compliance Official, as a portion of the building or demolition permit process. The completed WRRP shall contain the following:
1.
The C&D debris (by type and amount) to be diverted from disposal by recycling, reuse on the project or salvage for future use or sale;
2.
Whether C&D debris will be sorted on-site or bulk mixed;
3.
The vendor(s) that the applicant proposes to use to haul the materials (if any);
4.
The certified recycling facility(s) the materials will be hauled to, and their expected diversion rates by material type;
5.
Construction methods employed to reduce the amount of C&D debris generated; and
6.
Estimated volume or weight of C&D debris that will be disposed and the method to be utilized to calculate C&D debris diversion.
C.
Because actual material weights are not available at this stage, estimates may be used. In estimating the volume or weight of materials as identified in the WRRP, the applicant shall use the standardized conversion rates approved by the City for this purpose. Approval of the WRRP as complete and accurate shall be a condition precedent to the issuance of any building permit. If the applicant calculates the projected feasible diversion rate as described above, and finds that the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate.
If this documentation is not included, the WRRP shall be deemed incomplete.
D.
No building permit shall be issued for any covered project unless and until the C&D Compliance Official has approved the WRRP. Approval shall not be required, however, where emergency demolition is required to protect the public health or safety. The C&D Compliance Official shall only approve a WRRP if he or she determines that all of the following conditions have been met:
E.
If the C&D Compliance Official determines that the WRRP is incomplete or fails to indicate how at least the minimum percentage or amount of all C&D debris generated by the project will be diverted, he or she shall either:
(Ord. 320 § 3, 2019)
For the purposes of this chapter, a certified recycling facility means a recycling, composting, materials recovery, or re-use facility which: (a) has obtained all applicable federal, state, and local permits; (b) is in full compliance with all applicable regulations; and (c) diverts from landfill disposal the minimum amount or percentage established in this chapter of all incoming C&D debris. The C&D Compliance Official may maintain a list of certified recycling facilities. Any facilities not included in the list maintained by the C&D Compliance Official shall first be approved by the C&D Compliance Official before being accepted as a certified recycling facility for purposes of compliance with the requirements of this chapter.
(Ord. 320 § 3, 2019)
A.
Except as otherwise specified in this chapter, each applicant who submits a WRRP for a covered project, shall remit a security deposit (cash, cashier's check, personal check, money order) in the amount equal to three percent of the estimated value of the project or $500, whichever is higher, with a maximum of $10,000 per permit. The security deposit is remitted at the same time the permit application is filed. The City Council may adjust the amount of the required security deposit by resolution.
B.
No security deposit shall be required for building permits for emergency demolition if required to protect the public health or safety as determined by the C&D Compliance Official.
(Ord. 320 § 3, 2019)
A.
The C&D Compliance Official may authorize the refund of any security deposit, which was erroneously paid or collected.
B.
The C&D Compliance Official may authorize the refund of any security deposit when the building permit application is withdrawn or cancelled before any work has begun.
C.
The C&D Compliance Official may authorize the refund of a security deposit when the applicant has satisfactorily submitted the "C&D debris recycling and disposal report summary" provided for in Section 16.12.045, and at least the minimum diversion requirements provided for in Section 16.12.010 has been met.
D.
If the C&D Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. The C&D Compliance Official may authorize a partial refund of a security deposit when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the amount of diverted waste divided by the amount of required diversion.
E.
Any deposit will be returned without interest.
(Ord. 320 § 3, 2019)
A.
If the C&D Compliance Official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by Section 16.12.045 within 60 days from the date of the final inspection, then the deposit is forfeited to the City.
B.
Forfeited security deposits may be used by the City for solid waste and recycling related purposes, including but not limited to:
(Ord. 320 § 3, 2019)
As a part of any application for, and prior to the issuance of, any building permit, every applicant for a covered project shall pay to the City a fee sufficient to compensate the City for all expenses incurred in reviewing the WRRP and reviewing performance of the plan. This fee may be adopted and amended by resolution of the City Council.
(Ord. 320 § 3, 2019)
A.
Within 60 days following the completion of a covered project, the applicant shall, as a condition precedent to release of security deposit, submit documentation to the C&D Compliance Official reporting on compliance with the requirements of the WRRP. The documentation consists of a final completed "C&D debris recycling and disposal report summary" showing actual data of tonnage of materials recycled and diverted, supported by original receipts and weight tags or other records of measurement from recycling companies, contractors, and/or landfill and disposal companies. Receipts and weight tags shall identify the certified recycling facility(s) that received materials, if applicable, and will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged, or otherwise disposed of.
B.
If a project involves both demolition and construction and the applicant has not met the diversion requirement for demolition, the C&D Compliance Official may, in addition to other remedies set forth in this chapter, require a higher percentage of diversion for construction than established in this chapter, provided that the higher percentage is no higher than the shortfall in diversion from demolition. In the alternative, the applicant may submit a letter stating that no C&D debris was generated from the covered project. In which case, this statement shall be subject to verification by the C&D Compliance Official.
(Ord. 320 § 3, 2019)
Upon payment of an appeal fee set forth in a resolution of the City Council, the applicant may appeal to the City Manager any decision of the C&D Compliance Official under this chapter. Notice of appeal from the decision of the compliance official must be filed with the City Manager's Office within 10 days of the date of the decision being appealed. The notice of appeal sets forth in concise language that particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein constitutes a waiver of any objection to the decision(s) of the C&D Compliance Official and such decision(s) shall be final; otherwise, the decision of the City Manager (or his or her designee) is final.
(Ord. 320 § 3, 2019)
B.
In addition to these penalties, if violations of the provisions of this chapter exist as to a covered project requiring completion of a WRRP, the City may use various administrative measures to ensure compliance. Measures available include, but are not limited to:
1.
Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected;
2.
Issuance of a stop work notice, until all such violations have been corrected;
3.
Stopping all inspections on subject project, until all such violations have been corrected; and
4.
Other measures recommended by the City Attorney.
(Ord. 320 § 3, 2019)