Recovered and salvaged designated recyclable and reusable materials from the Deconstruction phase shall be counted towards the diversion requirements of this Chapter.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
One hundred percent (100%) of Inert Solids and at least sixty-five percent (65%) by weight of the remaining Construction and Demolition debris resulting from the project shall be diverted to an approved facility or by salvage.
(b)
For each Covered Project, the diversion requirements of this Chapter shall be met by submitting and following a C&D Debris Recycling and Reuse Plan that includes the following:
(1)
Deconstructing and salvaging all or part of the Structure as practicable; and
(2)
Directing one hundred percent (100%) of Inert Solids to reuse or recycling facilities approved by the County; and
(3)
Collecting (Source Separated or commingled) noninert materials, such as cardboard and paper, wood, metals, Green Waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to recycling facilities approved by the County and taking the remainder (but no more than 65% by weight) to a facility for disposal.
(c)
Persons applying for a permit from the County for new construction and building additions shall also comply with requirements of this section and all required components of the California Green Building Standards Code, found at 24 CCR, Part 11, also known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If there are any conflicts between the standards of CALGreen or the requirements of the County of Tulare, the more stringent requirements shall apply.
(d)
For projects covered by CALGreen, the applicants must, as a condition of the County's permit approval, comply with the following:
(1)
Where five (5) or more Multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-, three-plus, or two-container collection program offered by the County, or comply with provision of adequate space for recycling for Multifamily and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(2)
New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-, three-plus, or two-container collection program offered by the County, or shall comply with provision of adequate space for recycling for Multifamily and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11, as amended, provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3)
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal, including those listed above in this section.
(e)
The Applicant for any Covered Project shall make reasonable efforts to ensure that all Construction and Demolition waste diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all Construction and Demolition debris shall be weighed by measurement on scales that are in compliance with all regulatory requirements for accuracy and maintenance.
Although it may not be an explicit condition of the building permit, Contractors working on Noncovered Projects are encouraged to divert material from Construction and Demolition projects to the maximum extent practicable in accordance with this Chapter.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
Emergency demolition required to protect the public health, safety or welfare.
(b)
County-sponsored demolition of a substandard Structure or construction required to protect public health or safety in an emergency.
(c)
Projects in any single-family residential district, which consist solely of a swimming pool.
(d)
Projects for which only a plumbing permit, electrical permit, or mechanical permit is required.
(e)
A project for which a valid building permit has been lawfully issued by the County prior to the effective date of this Chapter.
(f)
A project of County public construction for which the notice inviting bids has been published prior to the effective date of this Chapter.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
Prior to issuance of permit, every Applicant for building or demolition permits involving any Covered Project shall complete and submit a properly completed C&D Debris Recycling and Reuse Plan to the Building Official, unless a C&D Debris Recycling and Reuse Plan for the project is already on file, and within 30 days following project completion.
(b)
A C&D Debris Recycling and Reuse Plan must contain all of the following information:
(1)
The name and address of the person applying for the permit.
(2)
Unless waived by the Building Official or designee, evidence that the owner or owners of the subject property acknowledge that they are aware of and understand that a violation of any provision of this Chapter may result in the imposition of penalties and that any unpaid penalties imposed may be declared a lien on the subject property.
(3)
A description of the project, including location, scope, required permit(s) and estimated timeline for completion of the project.
(4)
The intended salvage, reuse and recycling facilities, chosen from a list of facilities approved by the County, to use, collect or receive all construction and/or demolition debris from the project.
(5)
The names and addresses of all vendors and facilities proposed to be used to collect, receive, dispose, recycle, reuse or salvage the project C&D debris.
(6)
The recycling or reuse percentage rate, as applicable, of each vendor and facility proposed to be used to recycle or reuse the project C&D debris.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
A C&D Debris Recycling and Reuse Plan shall be approved or denied no later than thirty (30) days after a complete application is made.
(b)
Notwithstanding any other provision of this Chapter, no permit shall be issued for any Covered Project unless and until the C&D Debris Recycling and Reuse Plan has been approved, and provided that:
(c)
If the Building Official or their designee determines that the C&D Debris Recycling and Reuse Plan application is incomplete or fails to indicate that one hundred percent (100%) of Inert Solids and at least sixty five percent (65%) by weight of all Construction and Demolition debris generated by the Project will be reused or recycled, he or she shall either:
(1)
Return the C&D Debris Recycling and Reuse Plan application to the Building Official marked "Denied", including a statement of reasons, which shall then immediately stop processing the building or demolition permit application, or
(2)
Return the C&D Debris Recycling and Reuse Plan to the Building Official marked "Further Explanation Required."
(d)
Within 30 days following project completion, a final compliance report containing the following information and documentation must be submitted to the Building Official, listing every vendor or facility that collected, transported or received any C&D debris.
(1)
Copies of receipts from every vendor or facility that collected, transported or received any project C&D debris. Each receipt must specify the weight of any project C&D debris handled by the vendor or facility and must clearly demonstrate that all such C&D debris originated from the project site.
(2)
A calculation of the actual percentage, determined by weight, of project C&D debris that was recycled or reused for each vendor or facility that collected, transported or received material.
(3)
A description of the manner in which the project C&D debris was recycled or reused and the name and address of all vendors and facilities employed in the recycling or reuse of project C&D debris, including the recycling or reuse rate of each vendor or facility, as applicable.
(e)
Failure to accurately account for and submit the required documentation for all project C&D debris in the final compliance report constitutes a violation of this Chapter.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
Application: If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it infeasible to comply with established Diversion Requirements, the Applicant may request, in writing, an exemption from one or all of the waste diversion requirements during the building permit process.
(b)
Meeting with Solid Waste Manager: The Solid Waste Manager, or designee, shall review all exemption request information supplied by the Applicant and may meet with the Applicant to assess alternative ways of meeting waste diversion requirements. Based on the information supplied by the Applicant, the Solid Waste Manager, or designee, shall determine whether it is possible for the Applicant to meet any or all of the Diversion Requirements of the project.
(c)
Granting of Exemption: If it is determined that it is infeasible for the Applicant to meet all of the diversion requirements specified herein, the Building Official, or designee, shall determine alternate permit conditions and the Building Official will inform the Applicant, in writing, of any such alternative requirements.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
During the term of the Covered Project, the Applicant shall, according to the Applicant's C&D Debris Recycling and Reuse Plan, recycle, reuse or divert the required percentages of waste, and keep records of the tonnage. To the maximum extent feasible, project waste shall be Source Separated on site to increase diversion.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
Progress reports during construction may be required.
(b)
All documentation is subject to verification by the County.
(c)
It is unlawful for any person to submit documentation to the County under this Chapter which that person knows to contain any false statements, including, but not limited to, false statements regarding tonnage of materials recycled or diverted.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
The Solid Waste Director shall administer this Chapter and shall enforce the requirements of this Chapter, including but not limited to the authority to order that work be stopped where any work is being done contrary to the provisions of this Article.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
Any person violating any of the provisions of Article 10 shall be guilty of an infraction and shall be punishable as provided in Section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Article is committed, permitted or continued by such person and shall be punishable therefor as provided hereinabove.
(b)
If the Solid Waste Director determines that a project is in violation of the requirements of Section 4-03-1510, the Director may impose an administrative penalty equal to $100 for every ton or fraction of a ton of Construction and Demolition Debris that was not recycled or reused as required.
(c)
The Building Official may withhold the approval of any and all C&D Recycling and Reuse Plans submitted by the responsible person on any Covered Project(s) until the applicable administrative penalty has been paid.
(d)
The total of administrative penalties imposed for a project under this Chapter may not exceed fifteen percent (15%) of the value of the project, as described in the Permit application(s), or $50,000, whichever is more.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)
(a)
Except as herein provided, all appeals of decisions made by the Building Official or designee on matters set forth in this Chapter shall be subject to the provisions of Section 165 of this Ordinance Code.
(b)
Within ten (10) calendar days after the date on which written notice of the decision is mailed or delivered to the owner, Applicant or other interested party, the owner, Applicant, other interested party or his or her authorized agent may appeal to a County hearing officer pursuant to Part 1, Chapter 31 of this Code, with a form furnished by the Clerk to the Board for such appeals. The decision shall be final unless such an appeal is filed within ten (10) calendar days of the mailing or delivery of notices to the Applicant.
(c)
At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors.
(Repealed and replaced by Ord. No. 3596, effective 12-07-21)