This article shall be known as the "Diversion of Construction
and Demolition Debris Ordinance of the City of Davis."
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
For the purpose of this article the following terms shall have
the meanings given in this section:
means any individual, firm, limited liability company, association,
partnership, political subdivision, industry, public or private corporation,
or any other entity whatsoever who applies to the city for applicable
permits to undertake any construction, demolition, or renovation project
within the city.
The entity under contract with the city to collect and haul
solid waste in the city.
means any person or entity holding, or required to hold,
a contractor's license of any type under the laws of the State of
California, or who performs (whether as a contractor, subcontractor
or owner-builder) any construction, demolition, remodeling, or landscaping
service relating to buildings or accessory structures within the city.
means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility
or structure.
includes:
Discarded materials generally considered to be not water soluble
and nonhazardous in nature, including, but not limited to, metals,
glass, brick, concrete, asphalt material, pipe, gypsum, wallboard,
and/or lumber, generated as part of a construction, demolition or
renovation project; of a structure and/or landscaping, and including
rocks, soils, tree remains, trees, and other vegetative matter that
normally results from land clearing, landscaping and development operations
for a construction or demolition project;
Clean cardboard, paper, plastic, wood, and metal scraps resulting
from any construction or demolition project;
Other nonhazardous wastes that are generated at construction
or demolition projects, provided such amounts are consistent with
best management practices of the industry.
means the decimating, razing, tearing down or wrecking of
any facility structure, pavement or building, whether in whole or
in part, whether interior or exterior.
includes:
Masonry building materials generally used in construction including,
but not limited to, asphalt, concrete, rock, stone, and brick;
Wood materials including any and all dimensional lumber, fencing
or construction material. Some wood materials that are chemically
treated or contaminated may not be divertible;
Vegetative materials include trees, tree parts, shrubs, stumps,
logs, brush or any other type of plants that are cleared from a site
for construction or other use;
Metals including all metal scrap, but not limited to, pipes,
siding, window frames, door frames and fences;
Roofing materials including wooden, asphalt, stone and/or slate
based roofing material.
means to use material for any purpose other than disposal
in a landfill such as re-use or recycling.
means any activity involving construction, demolition, or
renovation, and which requires issuance of a permit from the city.
means a lot or parcel where demolition, construction, addition,
or alteration is proposed. In the case of a residential subdivision
under construction, "project site" means the parcels proposed for
development in a particular phase by a homebuilder.
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste,
and returning them to use in the form of raw material for new, reused,
or reconstituted products which meet the applicable quality standards.
means any change, addition, or modifications to an existing
structure for which a permit is required.
means further or repeated use of construction or demolition
debris.
means a project where an applicant has been granted, by the
public works director or designee, the authority to gather or collect
garbage, yard refuse, organic refuse, recyclables or other solid waste
debris from the construction or demolition of a project requiring
a building or demolition permit within the city.
A person or entity, who, in compliance with all applicable
requirements of this article, hauls solid waste, including organic
waste or recyclable materials, they have generated themselves to a
recycling, processing or disposal facility; or, as otherwise defined
in 14 CCR Section 18982(a)(66). Self-hauler also includes a person
or entity who back-hauls waste. Back-haul means generating and transporting
waste to a destination owned and operated by the generator using the
generator's own employees and equipment; or, as otherwise defined
in 14 CCR Section 18982(a)(66)(A). Self-haulers also include gardeners
and landscapers who haul material.
means a completed form submitted before the issuance of a
building and/or demolition permit, approved by the public works director
or designee, for the purpose of compliance with this article. Forms
shall be obtained from the city.
means a completed city-provided form submitted after demolition
or construction, as a precedent to final inspection and issuance of
any certificate of occupancy, approved by the public works director
or designee, for the purpose of compliance with this article.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020; Ord. 2663, 8/27/2024)
This article applies to all projects requiring a building permit unless the project is otherwise exempt pursuant to Section 32.04.040.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
The following projects are exempt from the requirements of this
article:
(a)
Emergency work (demolition, construction, addition, or alteration
performed in conjunction with an emergency or a building/structure
deemed substandard by the California Building Code through the chief
building official).
(b)
A project contaminated by hazardous substances or waste as defined
by state or federal law.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
Construction and demolition debris disposal and recycling are included in the exclusive franchise rights of the city except as provided for in Section 32.01.030(c).
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020; Ord. 2663, 8/27/2024)
(a)
Sixty-five percent of construction and demolition debris—not
including rocks, soils, tree remains, trees, and other vegetative
matter—generated from applicable construction, remodeling, or
demolition projects shall be diverted from disposal to landfills through
recycling, reuse and diversion programs.
(b)
One hundred percent of rock, soil, tree remains, tree, and other
vegetative matter debris shall be diverted from disposal to landfills
through recycling, composting, reuse and/or other diversion programs.
(c)
Separate calculations, plans and reports detailing the diversion
requirements are required for the construction portion and demolition
portion of projects.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
(a)
Submittal of waste reduction and recycling plan. Every applicant
shall submit a completed waste reduction and recycling plan as part
of the building permit application submission. A single plan may be
used for multiple building permits where construction activity is
occurring concurrently by the same applicant. Separate waste reduction
and recycling plans must be submitted for each batch of building permits
requested.
(b)
Approval of waste reduction and recycling plan. Notwithstanding any other provisions of this article, no building or demolition permit shall be issued for any project as required by Section 32.04.030 unless and until the public works director or designee has approved the waste reduction and recycling plan.
(c)
Denial of waste reduction and recycling plan. If the public works
director or designee determines that the waste reduction and recycling
plan is incomplete he or she shall return it to the applicant. The
applicant must then submit additional information before the waste
reduction and recycling plan can be reviewed and the building or demolition
permit issued.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
(a)
Inspection authority. During demolition or construction, city may
inspect project sites to determine compliance with the waste reduction
and recycling plan.
(b)
Proof of diversion. After the waste reduction and recycling plan
is approved and the building permit is issued, applicants will be
required to submit proof of compliance before final inspection. Proof
of compliance to be submitted with end of project reports includes:
(1)
Submittal of a completed city-provided waste reduction and recycling
report form.
(2)
Receipts from the vendor or facility which collected or received
each material showing the actual weight of that material (recyclables
and solid waste). Each receipt must clearly state the project title
and date. If the receipt provides information for multiple projects,
the project titles and the amounts of material for each project must
be clearly identified.
(3)
Weight slips/count of material salvaged or re-used in current project.
Each receipt must clearly state the project title and date. If the
receipt provides information for multiple projects, the project titles
and the amount of material for each project must be clearly identified.
(4)
Any additional information needed to support a good faith effort
determination.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
For all projects the public works director or designee shall
review the end of project waste reduction and recycling report and
determine whether the applicant has complied with the diversion requirements.
The public works director or designee shall then make one of the following
determinations:
(a)
Full compliance. If the public works director or designee determines
that the diversion requirement has been achieved, he or she will notify
the applicant and the community development and sustainability department
that a determination of full compliance has been issued.
(b)
Good faith effort to comply. If the public works director or designee
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 article. In making
this determination, the public works director or designee shall consider
the availability of markets for the construction debris, the size
of the project, and the documented efforts of the applicant to divert
construction debris. The applicant and the community development and
sustainability department will be notified if "good faith effort to
comply" has been issued.
(c)
Noncompliance. If the public works director or designee determines
that the applicant has not met the diversion requirements and has
not made a good faith effort to comply, the applicant will receive
a "noncompliance" determination and the community development and
sustainability department will be notified. A one thousand dollar
penalty for noncompliance may be assessed by the public works utilities
and operations department. The applicant has a right to an appeal
to protest the validity of the penalty. The applicant must file a
notice of appeal with the public works utilities and operations department
within ten days of the receipt of the penalty. The public works utilities
and operations department shall fix a place for hearing such appeal,
the time of which shall be within thirty days of receipt of the notice
of appeal, and the public works utilities and operations department
shall give notice in writing to applicant of the time and place of
the hearing by serving such notice personally or by mail addressed
to applicant at his or her last known address. The public works utilities
and operations department shall have authority to determine finally
all questions raised on such appeal. No such determination shall conflict
with any substantive provision of this article. Failure to appeal
the penalty within the time prescribed shall cause such penalty to
be final and conclusive.
(Ord. 2299 § 1, 2007; Ord. 2390 § 43, 2012; Ord. 2590 § 2, 2020)
The city will periodically evaluate this diversion of construction
and demolition debris article to determine its effectiveness in reducing
the amount of construction and demolition debris landfilled. If the
city determines that additional construction and demolition debris
can reasonably be diverted beyond that which is required herein, the
city may amend these provisions and implement additional measures
to divert more materials.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
Nothing in this article shall limit the right of an individual
or applicant to donate, sell or otherwise dispose of recyclables,
provided that such disposal is in accordance with provisions of this
article.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
The public works director is authorized to make all necessary
and reasonable rules and regulations with respect to the enforcement
of this article. All such rules and regulations shall be consistent
with the provisions of this article.
(Ord. 2299 § 1, 2007; Ord. 2590 § 2, 2020)
