Chapter 14.64
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND REUSE ORDINANCE
Sections:
14.64.020 Deconstruction and salvage and recovery.
14.64.030 Diversion requirements.
14.64.040 Projects exempt from this chapter.
14.64.050 Submission and required contents of C&D debris recycling and reuse plan.
14.64.060 Evidence of compliance with C&D debris recycling and reuse plan.
14.64.070 Diversion requirement exemption.
14.64.110 Violations and penalties.
14.64.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the following meanings unless the context otherwise requires:
“Accessory structure” means a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental and subordinate to the use of the principal building or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
“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 any construction, demolition or renovation project within the city, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.
“Building official” means the officer or other designated authority charged with the administration and enforcement of this chapter, or the building official’s duly authorized representative.
“Construction” means all building, landscaping, and remodeling, including the addition, removal or destruction of buildings and landscaping.
“Construction and demolition debris” means and includes:
1. Used or commonly discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; or
2. Remnants of new materials, including, but not limited to, cardboard, paper, plastic, wood and metal scraps from any construction, demolition and/or landscape project.
“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, owner-builder, or otherwise) any construction, demolition, remodeling, renovation or landscaping service relating to buildings or accessory structures in the incorporated area of the city.
“Covered project” means and includes any project which consists of one or more of the following:
1. Demolition projects that are five hundred square feet or greater.
2. Any project involving renovation of a kitchen and/or bath facility irrespective of total square footage or value.
3. The renovation, remodel or addition to an existing residential structure that is equal to or greater than five hundred square feet and/or projects that exceed twenty thousand dollars.
4. The renovation, remodel or addition to an existing commercial or multifamily residential structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars.
5. Residential development and any new residential structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars.
6. Commercial or multifamily residential development, and any new structure that is equal to or greater than one thousand square feet and/or projects that exceed twenty thousand dollars.
7. All city-sponsored construction, demolition and renovation projects that are equal to or greater than one thousand square feet.
8. All city public works and construction projects which are awarded pursuant to the competitive bid procedures.
“Deconstruction” means a process to dismantle or remove useable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.
“Demolition” means the deconstructing, razing, ruining, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior. Demolition needs to be done by a contractor or owner-builder.
“Designated recyclable and reusable materials” means and includes:
1. Inert solids, asphalt and masonry building materials generally used in construction including, but not limited to, concrete, rock, stone and brick.
2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.
3. Vegetative 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. The following materials are excluded as the materials are not recyclable and should be landfilled: bamboo, palm fronds and yucca.
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 and shakes as well as asphalt, stone and slate based roofing material.
6. Salvageable materials and structures including, but not limited to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.
7. Any other materials that the building official determines can be diverted due to the identification of a recycling facility, reuse facility or market accessible from the city.
“Divert and diversion” means to use material for any lawful purpose other than disposal in a landfill, transformation facility or alternative daily cover. Methods to divert materials from landfills include reuse, salvage and recycling. Diversion does not include illegal dumping.
“Emergency demolition” means an emergency demolition can be performed only when a facility is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.
“Facilities” means recycling, salvage and reuse establishments and landfills.
“Inert solids” includes asphalt, concrete, rock, stone, brick, sand, soil and fines.
“Noncovered projects” means construction, demolition and renovation projects within the city that do not meet the established thresholds for covered projects.
Owner-Builder. See “Contractor.”
“Permit” means an official document or certificate issued by the building official authorizing performance of a specified activity.
“Project” means any activity involving construction, demolition or renovation, and which requires issuance of a permit from the city of Dinuba.
“Public works director” means the public works director of the city of Dinuba or an authorized representative.
“Recyclables” means materials which would otherwise become solid waste but which are capable of or suitable for recycling.
“Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting or converting construction and demolition debris that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace or in the form of useable energy. Recycling does not include transformation.
“Recycling and reuse plan” means a form provided by the city for the purpose of compliance with this chapter that must be submitted by the applicant for any covered project.
“Renovation” means any change, addition or modification to an existing structure.
“Reuse” means further or repeated use of construction and demolition debris.
“Salvage” means the controlled removal of materials from a covered project for the purpose of recycling, reuse or storage for later reuse.
“Source separated” means recyclables that have been segregated from solid waste by or for the generator thereof on the premises at which they were generated for handling different from that of solid waste.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 2005-19 § 1 (part), 2005)
14.64.020 Deconstruction and salvage and recovery.
Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this chapter. (Ord. 2005-19 § 1 (part), 2005)
14.64.030 Diversion requirements.
A. One hundred percent of inert solids and at least fifty percent 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 of inert solids to reuse or recycling facilities approved by the city; and
3. Collecting (source separated or commingled) non-inert 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 city and taking the remainder (but no more than fifty percent by weight) to a facility for disposal.
C. The applicant for any covered project shall make reasonable efforts to ensure that all construction and demolition waste diverted or landfilled are 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.
D. 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. (Ord. 2005-19 § 1 (part), 2005)
14.64.040 Projects exempt from this chapter.
A. Emergency demolition required to protect the public health, safety or welfare.
B. City-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 city prior to the effective date of this chapter.
F. A project of city public construction for which the notice inviting bids has been published prior to the effective date of this chapter. (Ord. 2005-19 § 1 (part), 2005)
14.64.050 Submission and required contents of C&D debris recycling and reuse plan.
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 with the city, and within thirty 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 city, 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. (Ord. 2005-19 § 1 (part), 2005)
14.64.060 Evidence of compliance with C&D debris recycling and reuse plan.
A. A C&D debris recycling and reuse plan shall be approved or denied no later than thirty 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:
1. All of the information has been remitted on the C&D debris recycling and reuse plan.
2. The C&D debris recycling and reuse plan establishes a mechanism such that the diversion requirement shall be met.
C. If the public works director determines that the C&D debris recycling and reuse plan application is incomplete or fails to indicate that one hundred percent of inert solids and at least fifty percent 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 thirty 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. (Ord. 2005-19 § 1 (part), 2005)
14.64.070 Diversion requirement exemption.
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 Public Works Director. The public works director, 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 public works director, 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 public works director, or designee, shall determine alternate permit conditions and the building official will inform the applicant, in writing, of any such alternative requirements. (Ord. 2005-19 § 1 (part), 2005)
14.64.080 On-site practices.
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. (Ord. 2005-19 § 1 (part), 2005)
14.64.090 Reporting.
A. Progress reports during construction may be required.
B. All documentation is subject to verification by the city.
C. It is unlawful for any person to submit documentation to the city 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. (Ord. 2005-19 § 1 (part), 2005)
14.64.100 Enforcement.
The public works director or his or her designee 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 chapter. (Ord. 2005-19 § 1 (part), 2005)
14.64.110 Violations and penalties.
Any person violating any of the provisions of this chapter shall be guilty of an infraction and shall be punishable as provided in Section 1.16.010. 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 chapter is committed, permitted or continued by such person, and shall be punishable therefor as provided hereinabove. (Ord. 2005-19 § 1 (part), 2005)
14.64.120 Appeal.
A. Except as herein provided, all appeals of decisions made by the building official or the public works director, or designee, on matters set forth in this chapter shall be subject to the provisions of Section 1.16.010.
B. Within ten 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 authorized agent may appeal to the city council for review of the decision. The decision shall be final unless such an appeal is filed within ten 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 city council. (Ord. 2005-19 § 1 (part), 2005)