Chapter 7.15
CONSTRUCTION OR DEMOLITION DEBRIS1
Sections:
7.15.010 Findings and purpose.
7.15.030 Minimum construction or demolition debris diversion requirements.
7.15.040 Condition precedent to issuance of building or demolition permit.
7.15.100 Violation a public nuisance.
7.15.010 Findings and purpose.
The city council of the city of Aliso Viejo hereby finds and determines that:
A. As recognized in the California Waste Management Act, the volume of solid waste that is currently being deposited in the landfills of this state significantly exceeds the sustainable capacity of the existing and reasonably available future landfills and waste disposal sites, and the continuation of this flow of solid waste, unabated, to the landfills of this state constitutes a significant threat to the health, safety and welfare.
B. In order to protect the health, safety and welfare of its residents, and in order to achieve the goals of the California Waste Management Act, it is necessary for the city to promote, where feasible, the recycling of solid waste in the city and to thereby reduce the amount of solid waste deposited in landfills.
C. Debris from the construction or demolition of buildings and structures within the city represents a significant portion of the volume of solid waste from the city that is deposited in the landfills available to the city. Construction or demolition debris represents approximately 20 percent of the waste tonnage currently being deposited in landfills or other waste disposal sites annually from the city.
D. Debris from the construction or demolition of buildings and structures within the city is particularly well suited for recycling or reuse, and requiring the recycling or reuse of such material will significantly reduce the volume of solid waste from the city that is deposited in the landfills available to the city.
E. It is necessary, therefore, in order to protect the health, safety and welfare, and to help achieve the goals of the California Waste Management Act, for the city to adopt the following regulations requiring the recycling of construction or demolition debris. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-148)].
7.15.020 Definitions.
For purposes of this chapter the following definitions apply:
“Applicant” means 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 a construction, remodeling or demolition project within the city.
“Construction or demolition debris” means any discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction, remodeling or destruction of a structure as part of a construction, remodeling or demolition project or from the renovation 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, remodeling or demolition project.
Without limitation due to enumeration, construction or demolition debris includes the follow categories of material:
1. Masonry building materials including all products generally used in construction including, but not limited to, asphalt, concrete, rock, stone and brick.
2. Wood materials including any and all dimensional lumber, fencing or construction wood.
3. Vegetable materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use.
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
5. Roofing materials including wood shingles as well as asphalt, stone and slate-based roofing material.
6. “Salvageable materials” includes all salvageable materials and structures including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bathtubs and appliances.
7. Clean cardboard, paper, plastic, wood, and metal scraps from any construction, remodeling or demolition project.
8. Nonconstruction and demolition debris wood scraps.
9. De minimis amounts of other nonhazardous wastes that are generated at construction, remodeling or demolition projects provided such amounts are consistent with best management practices of the industry.
10. Any other construction or demolition debris that is nonhazardous and available for recycling or reuse.
“Construction, remodeling or demolition project” means the erection or demolition of or the making of changes to any building, structure or landscaping which generates construction or demolition debris.
“Contractor” 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 contractor, subcontractor or owner-builder) any construction, remodeling or demolition project in the city.
“Covered project” means any construction, remodeling or demolition project that requires a building or demolition permit and is not an exempt project.
“Excavated soil and land clearing debris” means construction and demolition debris composed of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing.
“Exempt project” means those construction, remodeling or demolition projects identified in AVMC 7.15.090.
“Project valuation” means an estimate of the total project cost as approved by the city engineer for the covered project.
“Recycling, reuse or divert” means the process of collecting, sorting, cleansing, treating, or reconstituting materials that would otherwise become solid waste, and returning them to economic use in the form of material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. [Ord. 2017-184 § 1; Ord. 2010-126 § 1 (Exh. A); Ord. 2004-057 § 1; Ord. 2002-043 § 1 (4-3-149)].
Cross-reference: definitions generally, AVMC 1.02.010.
7.15.030 Minimum construction or demolition debris diversion requirements.
A. Except as set forth below, every covered project shall recycle, reuse or divert from the landfills or disposal sites 65 percent, measured by tonnage, of all construction or demolition debris generated from the project. The 65 percent requirement shall apply separately to the demolition and the construction/remodeling portion of projects involving both demolition and construction/remodeling.
B. Projects that generate a total combined weight of construction and demolition waste disposed of in landfills, which do not exceed two pounds per square foot of the building area, shall be deemed to meet the minimum 65 percent construction waste reduction requirement.
C. Projects involving low-rise residential buildings (Occupancy Group R and three stories or less) that generate a total combined weight of construction and demolition waste disposed of in landfills, which do not exceed 3.4 pounds per square foot of the building area, shall be deemed to meet the minimum 65 percent construction waste reduction requirement.
D. To the extent applicable, nonresidential projects shall comply with the universal waste requirements in the Green Building Standards Code. [Ord. 2017-184 § 2; Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-150)].
7.15.040 Condition precedent to issuance of building or demolition permit.
As a part of any application for, and prior to the issuance of, any building or demolition permit for a covered project, every applicant shall submit to the building official a properly completed “recycling and waste reduction form,” on a form as prescribed by the building official. The form shall contain an accurate estimate of the tonnage or other specified units of construction or demolition debris to be generated from the proposed construction, remodeling or demolition project, the type of materials, whether materials will be sorted on-site or bulk mixed, whether diverted materials will be calculated by weight or volume (and not both), the location of any diversion facilities and any other information required by the Green Building Standards Code. An applicant shall not be issued a building or demolition permit until the building official accepts the recycling and waste reduction form as complete and accurate. [Ord. 2017-184 § 3; Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-151)].
7.15.050 Deposit required.
As a part of any application for, and prior to the issuance of, any building or demolition permit for a covered project, every applicant shall post a cash deposit in the amount of $50.00 for each estimated ton of construction or demolition debris, but not less than $500.00. The deposit or cash bond shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the building official, that no less than the required percentage of tons of construction or demolition debris generated by the project has been recycled, reused or diverted. If a lesser percentage of tons than required is recycled, reused or diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this chapter.
Notwithstanding the deposit amounts set forth above, for covered projects with project valuation of more than $500,000, the deposit shall not exceed the following amounts:
|
Project Valuation |
Maximum Deposit Limit |
|---|---|
|
$500,000 to $750,000 |
5% of valuation |
|
$750,001 to $1,500,000 |
4% of valuation |
|
$1,500,001 to $2,500,000 |
3% of valuation |
|
$2,500,001 to $3,500,000 |
2.5% of valuation |
|
$3,500,001 and above |
2% of valuation |
[Ord. 2017-188 § 1; Ord. 2010-126 § 1 (Exh. A); Ord. 2004-057 § 2; Ord. 2002-043 § 1 (4-3-152)].
7.15.060 Administrative fee.
As a part of any application for, and prior to the issuance of, any building or demolition permit for a covered project, every applicant shall pay to the city a fee sufficient to compensate the city for all expenses incurred in administering this chapter. The amount of this fee shall be determined by a resolution of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-153)].
7.15.070 On-site practices.
During the term of any covered project, the applicant or contractor shall recycle, reuse or divert the required percentages of construction or demolition debris, and keep records thereof in tonnage or in other measurements approved by the building official that can be converted to tonnage. The director of public works shall evaluate and monitor each project to gauge the percentage of construction or demolition debris recycled, reused or diverted from the project. The required minimum percentages of the construction or demolition debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. The applicant or contractor shall utilize a city-authorized waste management company as necessary to ensure that it maintains verifiable documentation. [Ord. 2017-184 § 4; Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-154)].
7.15.080 Reporting.
Within 60 days following the completion of any covered demolition project, and again within 60 days following the completion of any covered construction/remodeling project, the applicant or contractor shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the building official to establish compliance with the requirements of AVMC 7.15.030. The documentation shall consist of a final completed “recycling and waste reduction form” showing actual data of tonnage of materials recycled, reused or diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused or diverted. To the extent practicable, all construction or demolition debris shall be weighed by measurement on scales that comply with all regulatory requirements for accuracy and maintenance. The knowing submittal of false data shall constitute a violation of this chapter and may constitute perjury.
If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the building official before issuance of a building permit for the construction/remodeling project. In the alternative, the permittee may submit a letter stating that no construction or demolition debris was generated from the project. In which case, this statement shall be subject to verification by the building official.
Any deposit posted pursuant to AVMC 7.15.050 shall be forfeited if the permittee does not meet the timely reporting requirements of this section. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-155)].
7.15.090 Exempt projects.
Projects or phases of projects solely involving excavated soil and land clearing debris shall not be subject to this chapter. Except that excavated soil and land clearing debris resulting primarily from land clearing at nonresidential projects shall be reused or recycled as required by the Green Building Standards Code. [Ord. 2017-184 § 5; Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-156)].
7.15.100 Violation a public nuisance.
Each violation of the provisions of this chapter shall constitute a public nuisance, and may be subject to abatement and/or administrative, civil or criminal penalties. The costs of any abatement shall be a lien upon the property involved. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-157)].
7.15.110 Penalties.
In addition to the remedies available under AVMC 7.15.050 and 7.15.100, each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a new and separate offense. [Ord. 2010-126 § 1 (Exh. A); Ord. 2002-043 § 1 (4-3-158)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.
Cross-references: solid waste disposal, Chapter 7.05 AVMC; buildings and construction, AVMC Title 13.