Chapter 14.40
CONSTRUCTION AND DEMOLITION DEBRIS
Sections:
14.40.010 Findings.
14.40.020 Definitions.
14.40.030 Regulated projects and diversion requirements.
14.40.040 Authority to implement.
14.40.050 Waste management plan – Performance security.
14.40.060 Evaluation of WMP.
14.40.070 Compliance with WMP.
14.40.080 Exemption.
14.40.090 Appeal.
14.40.100 Enforcement.
14.40.010 Findings.
The city council of the city of Pleasant Hill finds that:
A. The purpose of this chapter is to promote the recycling of construction and demolition debris in order to protect the public health, safety, and welfare, and to meet the city’s obligations under the California Integrated Waste Management Act (AB 939) and the current version of the California Green Buildings Standards Code.
B. According to the California Department of Resources Recovery and Recycling, construction and demolition debris (C&D) account for between 21.7% to 25.5% of California’s waste stream. Reusing and recycling C&D debris are essential to further the city’s efforts to reduce waste and comply with AB 939 goals.
C. C&D debris waste reduction and recycling have been proven to reduce the amount of C&D debris placed in landfills, increase site and worker safety, and is cost effective.
D. The California Green Building Standards Code requires locally permitted new residential and commercial building construction, demolition, additions and alterations to recycle and/or salvage for reuse at least 65% of the nonhazardous C&D debris generated during the project.
E. To ensure compliance with this chapter and to ensure that those contractors that comply with this chapter are not placed at a competitive disadvantage, it is necessary to impose a performance security requirement. (Ord. 945 § 1 (Exh. A), 2021)
14.40.020 Definitions.
In this chapter, the following definitions apply:
AB 939 means Assembly Bill 939, the California Integrated Waste Management Act of 1989, and amendments to it, found at California Public Resources Code section 40000 and following.
Applicant means any individual, or public or private entity that applies to the city for a building permit or encroachment permit (for construction, demolition or renovation).
Building official means the city’s chief building official or his or her designee. (For a public works project or work involving an encroachment permit, the director of public works and community development or his or her designee performs the function.)
CALGreen means the California Green Buildings Standards Code.
City manager means the city manager of Pleasant Hill or his or her designee.
Construction means the building of any facility or structure or any portion thereof including any improvements to an existing facility or structure.
Construction and demolition debris or C&D means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction cleanup operations on any pavement or structure.
Deconstruction means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling.
Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
Diversion requirement means the diversion of at least 65% of the total construction and demolition debris generated by a project by reuse or recycling, or the requirement established by the chief building official for the project under an exemption pursuant to PHMC § 14.40.080.
Divert means to use material for any purpose other than disposal in a landfill or transformation facility. Divert includes reuse and recycle.
Encroachment permit means the permit issued for work in the public right-of-way, under PHMC Chapter 11.05. For purposes of this chapter, encroachment permit refers only to a permit issued for city-sponsored work.
Performance security means a performance bond, surety bond, money order, letter of credit, or certificate of deposit submitted to the city under PHMC § 14.40.050.B.
Project means any activity involving construction, demolition or renovation, and which requires issuance of a building permit or an encroachment permit. Project also includes city-sponsored construction, demolition or renovation.
Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code section 40201.
Regulated project means projects specified in CALGreen sections 301.1.1 and 301.3.2. (See also PHMC § 14.40.030.)
Renovation means any change, addition, or modification to an existing structure.
Salvage means the controlled removal of construction or demolition debris from a building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
Solid waste means all solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, green waste, vehicle parts, discarded home and industrial appliances, sewage sludge (dewatered, treated or chemically fixed), manure, vegetable or animal wastes, and other discarded wastes under Public Resources Code section 40191. It includes recyclable materials that are discarded by the generator and mixed waste.
1. Garbage means kitchen and table food waste, and animal or vegetable waste that results from the storage, preparation, cooking or handling of food.
2. Refuse means garbage and rubbish. It does not include green waste or recyclable material.
3. Rubbish means nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.
Total costs means the total construction value of the project as calculated by the building division using the city’s standard commercial and residential valuation formulas.
Waste management plan or WMP means a plan approved by the city under this chapter, for a regulated project.
Waste management plan fee or WMP fee means the fee charged by the city to administer and implement the C&D ordinance. (Ord. 945 § 1 (Exh. A), 2021)
14.40.030 Regulated projects and diversion requirements.
A construction, demolition or renovation project within the city that includes projects specified in CALGreen sections 301.1.1 and 301.3.2. Applicants for regulated projects must satisfy the C&D debris diversion requirements in CALGreen sections 4.408.1 and 4.408.4.1 for residential projects and CALGreen sections 5.408.1, 5.408.2, and 5.408.3 for commercial projects. Builders of projects which are not regulated are encouraged to divert as much C&D debris as possible.
No building, grading, demolition or encroachment permit shall be issued for a regulated project unless and until the chief building official has approved a WMP for the project. (Ord. 945 § 1 (Exh. A), 2021)
14.40.040 Authority to implement.
The chief building official is authorized to implement and is responsible for implementing this chapter. The director of public works and community development is authorized to implement this chapter when the work is a public works project or involves an encroachment permit. (Ord. 945 § 1 (Exh. A), 2021)
14.40.050 Waste management plan – Performance security.
A. WMP application. Each applicant for a building, demolition or encroachment permit (for a regulated project) shall submit a completed WMP with the first plan check that complies with CALGreen section 4.408.2 for residential projects or CALGreen section 5.408.1.1 for commercial projects. In preparing the WMP, an applicant for a plan check involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage before placing in a landfill.
B. Performance security.
1. Requirement. The applicant for any regulated project shall submit a performance security. The amount of the performance security shall be calculated as a percentage of the project’s total cost, as follows:
|
Project Total Costs – $ |
Performance Security – % |
Performance Security – $ |
|
50,000 – 500,000 |
2.00 |
1,000 – 10,000 |
|
500,001 – 1,000,000 |
1.75 |
10,000 – 18,750 |
|
1,000,001 – 2,000,000 |
1.50 |
18,750 – 33,750 |
|
2,000,001 – 5,000,000 |
1.25 |
33,750 – 91,250 |
|
Above 5,000,000 |
1.00 |
91,250 and up |
2. Form of security. The performance security may be a performance bond, surety bond, money order, letter of credit, certificate of deposit, cash, escrow account, or alternate security approved by the city attorney. (Ord. 945 § 1 (Exh. A), 2021)
14.40.060 Evaluation of WMP.
A. Approval. The chief building official shall approve a WMP only if he or she first determines that all of the following conditions have been met:
1. The WMP provides all of the information set forth in PHMC § 14.40.050; and
2. The WMP shows that at least 65% of all C&D debris generated by the project will be diverted.
If the chief building official determines that all of the above conditions have been met, he or she shall mark the WMP “Approved,” return a copy of the WMP to the applicant, and place a copy of the approved WMP in the building permit file for the project.
B. Denial. If the chief building official determines that the WMP is incomplete or fails to show that at least 65% of all C&D debris generated by the project will be diverted, he or she shall either:
1. Return the WMP application to the applicant marked “Denied,” including a statement of reasons, and retain a copy of the denial in the building division. The building division shall then immediately stop processing the plan check; or
2. Return the WMP to the applicant marked “Further Explanation Required,” and retain a copy in the building division.
C. Approval required before building permit. Notwithstanding any other provision of this code, no building permit or encroachment permit shall be issued for any regulated project until:
1. The chief building official has approved the WMP. However, approval is not required if the chief building official determines that an emergency demolition is required to protect public health or safety;
2. The applicant posts the required performance security, under PHMC § 14.40.050.B; and
3. The applicant pays the WMP fee in the amount established by city council resolution. (Ord. 945 § 1 (Exh. A), 2021)
14.40.070 Compliance with WMP.
A. Applicant’s documentation. Before the issuance of a certificate of occupancy of any regulated project, the applicant shall submit to the chief building official documentation that it has met the diversion requirement for the project. This documentation shall satisfy CALGreen section 4.408.3 for residential projects or CALGreen section 5.408.1.2 for commercial projects and include all of the following:
1. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material. (The documentation may be for commingled loads when appropriate);
2. A copy of the approved WMP, with the addition of the actual volume or weight of each material diverted or placed in a landfill;
3. Any additional information the applicant believes is relevant in determining efforts to comply in good faith with this chapter.
B. Weighing of wastes. An applicant shall make reasonable efforts to ensure that all C&D debris diverted or placed in a landfill is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion table approved by the city for this purpose.
C. Determination of compliance and release of performance security. The chief building official shall review the information submitted under PHMC § 14.40.050 and determine whether the applicant has complied with the diversion requirement, as follows:
1. Full compliance. If the chief building official determines that the applicant has fully complied with the diversion requirement, he or she shall cause the full performance security to be released to the applicant within 30 days of the applicant’s submission of the documentation required under subsection A of this section.
2. Good faith effort to comply. If the chief building 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. In making this determination, the chief building official shall consider the availability of markets for the C&D debris placed in a landfill, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the chief building official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall release the performance security, or a portion of it in proportion to the degree of compliance, to the applicant within 30 days of the applicant’s submission of the documentation required under subsection A of this section.
3. Noncompliance. If the chief building 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, then, at the chief building official’s discretion, (a) the certificate of occupancy will not be issued, or (b) the performance security shall be forfeited to the city, or (c) both.
4. Use of forfeited security. Forfeited performance securities shall be deposited into a special account and used for the purposes of (a) payment of any fines which may be assessed against the city, and (b) promoting diversion and recycling within the city. (Ord. 945 § 1 (Exh. A), 2021)
14.40.080 Exemption.
A. Application. If an applicant for a regulated project meets an exception in CALGreen section 4.408.1 for residential projects and CALGreen section 5.408.1.2 for commercial projects, or other exception in CALGreen, the applicant may apply for an exemption at the time that he or she submits the WMP required under PHMC § 14.40.050. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material.
B. Meeting with chief building official. The chief building official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.
C. Granting of exemption. If the chief building official determines that the applicant qualifies for an exception in subsection A of this section, he or she shall determine the minimum diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The chief building official shall return a copy of the WMP to the applicant marked “Approved with exemption” and shall place a copy of the approved-with-exemption WMP in the building division project file.
D. Denial of exemption. If the chief building official determines that the applicant does not qualify for an exemption, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with this section, the chief building official shall deny the WMP in accordance with PHMC § 14.40.060.B. (Ord. 945 § 1 (Exh. A), 2021)
14.40.090 Appeal.
An applicant may appeal a determination made under this chapter to the city manager. To appeal, the applicant shall file a written appeal with the city clerk within 10 days after the determination of the chief building official, stating the reasons for the appeal. An appeal is limited to the following issues: (A) the granting or denial of an exemption; (B) whether the applicant has made a good faith effort to comply with the WMP; and (C) the amount of security to be released. The city manager shall hear the appeal within 45 calendar days, and shall give 10 days’ prior written notice to the applicant. (Ord. 945 § 1 (Exh. A), 2021)
14.40.100 Enforcement.
A. Civil action. Violation of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
B. Misdemeanor. A violation of this chapter constitutes a misdemeanor as defined in Government Code section 36900. However, the city attorney or other city enforcement officer is authorized to prosecute the violation as an infraction, at his or her discretion, punishable as set forth in PHMC Chapter 1.25. Where the violation is the failure to achieve the diversion requirement and the C&D materials from the project have already been placed in a landfill, the violation shall be deemed to have ceased after a period of 10 days.
C. Public nuisance. A violation of this chapter is a public nuisance.
D. Authority to enforce. The director of public works and community development and the city attorney are authorized to enforce this chapter. (Ord. 945 § 1 (Exh. A), 2021)