Chapter 6.36
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
Sections:
6.36.020 Construction and demolition debris diversion requirements.
6.36.030 Submission of waste management plan.
6.36.040 Review of waste management plan.
6.36.050 Compliance with waste management plan.
6.36.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Administrative penalty” means any penalty or fine assessed to an applicant pursuant to SBMC 6.36.070.
B. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private for profit or nonprofit 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.
C. “City-sponsored project” means any project where the improvements are or will be upon completion owned by the city.
D. “Construction” means the building of any improvement or any portion thereof including any tenant improvements to an existing facility or structure.
E. “Construction and demolition debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building, or other structure.
F. “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.
G. “Covered project” shall have the meaning set forth in SBMC 6.36.020.
H. “Deconstruction” means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling.
I. “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.
J. “Divert” means to use construction or demolition debris for any purpose other than disposal in a landfill or transformation facility.
K. “Diversion requirement” means the redirection of the minimum percentage as determined and required by California Green Building Standards Code, 24 CCR, Part 11 of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to SBMC 6.36.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.
L. “Final building approval” means acceptance by the city that all requirements and conditions of the project have been met.
M. “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the city.
N. “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.
O. “Remodel” means any change, addition, or modification in an existing structure.
P. “Renovation” means any change, addition, or modification in an existing structure.
Q. “Reuse” means further or repeated use of construction or demolition debris.
R. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
S. “Total costs” means the total construction value of the project as calculated by the community development department using the city’s standard commercial and residential valuation formulas.
T. “Waste management plan” (also referred to as “WMP”) means the information required by SBMC 6.36.030, submitted by the applicant, on a city-approved form, for any covered project.
U. “WMP compliance official” is the staff person responsible for implementing this chapter. The WMP compliance official shall be the director of engineering/public works or his or her designee.
V. “WMP review fee” means the fee for processing WMP applications as adopted by the city council by resolution, if any.
W. “WMP report” means the final calculation of construction and demolition debris diversion for the project as described in SBMC 6.36.050. (Ord. 519 § 1, 2021; Ord. 377 § 2, 2008)
6.36.020 Construction and demolition debris diversion requirements.
A “covered project” shall comply with this chapter and shall include any of the following:
A. All residential and nonresidential projects that meet the construction waste reduction requirements as set forth in the California Green Building Code, as adopted in SBMC 15.23.010;
B. All construction, renovation, and remodel projects within the city, including city-sponsored projects, with a total project value equal to or greater than $100,000, as calculated for purposes of receiving a city building permit; and
C. All demolition projects.
Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of penalty and enforcement mechanisms of this chapter. Compliance with the provisions of this chapter shall be a condition of approval on any building or demolition permit issued for a covered project. Failure to include such a condition shall not relieve the project applicant from complying with this chapter. (Ord. 463 § 2, 2015; Ord. 377 § 2, 2008)
6.36.030 Submission of waste management plan.
A. WMP Forms. Applicants for a plan check involving any covered project shall complete and submit a waste management plan on a city-approved form and pay a WMP review fee, if any, before a building or demolition permit may be issued. The WMP shall be submitted for review with the first plan check of an individual project or at the first check of a residential master plan in the case of a residential project. The completed WMP shall indicate all of the following:
1. Estimated weight of C&D debris, by materials type, to be generated;
2. Maximum weight of such materials that can feasibly be diverted via reuse or recycling;
3. Vendor or facility that the applicant proposes to use to collect or receive that material;
4. Estimated weight of C&D materials that will be landfilled; and
5. Total square footage of the project.
B. Calculating Weight of Debris. In estimating the weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the WMP compliance official.
C. Deconstruction. In preparing the WMP, applicants 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 prior to sending to a landfill. (Ord. 377 § 2, 2008)
6.36.040 Review of waste management plan.
A. Approval. Notwithstanding any other provision of this code, no plan check shall be approved for any covered project unless the WMP compliance official has approved the WMP. Approval shall not be required, however, where an emergency demolition, as determined by the WMP compliance official, is required to protect public health or safety. The WMP compliance official shall not approve a WMP unless it meets the following conditions:
1. Provides all of the information set forth in SBMC 6.36.030; and
2. Indicates that the minimum percentage of all C&D debris generated by the project will be diverted as determined and required by California Green Building Standards Code, 24 CCR, Part 11 as may be amended from time to time by the state.
Upon determining that the above conditions have been met, the WMP compliance official shall mark the WMP “Approved” and notify the community development department.
B. Nonapproval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that the minimum percentage as determined and required by California Green Building Standards Code, 24 CCR, Part 11 of all C&D debris generated by the project will be reused or recycled, he or she shall:
1. Contact the applicant to discuss the WMP, make recommendations for additional diversion, and obtain and note verbal confirmation from the applicant of changes to the WMP that would meet the requirements of this chapter; or
2. Return the WMP to the applicant marked “Denied,” including a statement of reasons, and so notify the community development department, which shall withhold permit issuance until the WMP is resubmitted and approved; or
3. Return the WMP to the applicant marked “Further Explanation Required.”
Notwithstanding any other provision of this code, the decisions of the WMP compliance official shall be final. (Ord. 519 § 1, 2021; Ord. 377 § 2, 2008)
6.36.050 Compliance with waste management plan.
A. Documentation. Prior to final building approval, the applicant shall submit to the WMP compliance official documentation that the diversion requirement for the project has been met. If the applicant does not submit the required documentation, he or she may be subject to an administrative penalty and/or enforcement action pursuant to SBMC 6.36.070. The documentation for compliance shall include the following:
1. Copies of receipts from the vendor or facility that collected or received each material, showing the actual weight of that material.
2. A copy of the approved WMP for the project adding the actual weight of each material diverted and landfilled.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled 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 rates.
C. Determination of Compliance and Assessment of an Administrative Penalty.
1. Full Compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement for the project, he or she shall approve the final WMP report.
2. Good Faith Effort to Comply. If the WMP compliance 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. The WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this chapter, he or she may approve the final WMP report or assess an administrative penalty. Any penalty assessed must be paid to the city prior to final building approval.
3. Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with the diversion requirement applicable to the project, or if the applicant fails to submit the documentation required by subsection A of this section, then the applicant shall be subject to the enforcement provisions of SBMC 6.36.070. Any penalty assessed must be paid to the city prior to final building approval.
4. Noncompliance Notification and Appeal. Upon a determination of noncompliance, the WMP compliance official shall notify the applicant of the WMP report findings. The notice shall be in writing and shall identify the specific area(s) of noncompliance with the WMP and inform the applicant that it has a right to a hearing to appeal the determination. The request for a hearing must be made in writing and received by the WMP compliance official no later than the city’s close of business on the seventh calendar day from the mailing date (as determined by postmark) of the noncompliance notice. The hearing shall be held no earlier than 10 calendar days and no later than 30 calendar days following the receipt of the written request for hearing. The city manager or his or her designee shall serve as the hearing officer. The applicant shall be permitted to submit evidence. The rules of evidence shall not apply. The hearing officer may consider any relevant evidence. The applicant shall not be entitled to cross-examine any witnesses. The applicant shall be notified in writing of the decision of the hearing officer. Notwithstanding any other provision of this code, the decision of the hearing officer shall be final. If the hearing officer determines that the applicant has not made a good faith effort to comply with the diversion requirement applicable to the project, or has failed to submit the documentation required by subsection A of this section, then the applicant shall be subject to the enforcement provisions of
SBMC 6.36.070. Any penalty assessed must be paid to the city prior to final building approval. (Ord. 377 § 2, 2008)
6.36.060 Exemption.
A. Application. If unique circumstances make it infeasible for an applicant for a covered project to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the required WMP. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific unique circumstances that make it infeasible to comply with the diversion requirement.
B. Meeting with WMP Compliance Official. The WMP compliance 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. The WMP compliance official shall not issue an infeasibility exemption unless he or she can make at least one of the following findings:
1. That circumstances exist that are unique to the project to the effect that compliance with the provisions of this chapter would create an unusual burden on the project that is different than that of similarly situated properties.
2. That for a specific project compliance with this chapter would result in minimal or no increase in recycled materials or reduction in waste stream.
3. That diversion of one or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.
If the WMP compliance official is able to make one or more of the above findings for a project, he or she may excuse the project from compliance with this chapter or determine the maximum feasible reduced diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked “Approved for Exemption” and shall notify the community development department.
D. Denial of Exemption. If the WMP compliance official is unable to make any of the findings required by subsection C of this section, the applicant shall be informed in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with SBMC 6.36.030. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with SBMC 6.36.030, the WMP compliance official shall deny the WMP in accordance with SBMC 6.36.050. Notwithstanding any other provision of this code, the determination of the WMP compliance officer shall be final. (Ord. 377 § 2, 2008)
6.36.070 Enforcement.
A. Criminal Action. Any applicant who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor. However, any such violation constituting a misdemeanor may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction.
B. Civil Action. The city may redress a violation of, or failure to comply with, any provision of this chapter by civil action, in addition or as an alternative to criminal enforcement. If the city shall prevail in any such civil action, it shall be entitled to attorney fees.
C. Administrative Penalty. Any applicant who violates or fails to comply with any provision of this chapter may also be assessed an administrative penalty. The amount of the penalty may be up to $1,000. The WMP compliance official upon determining noncompliance with this chapter shall notify the applicant of the penalty assessed against it. The notice shall be in writing and shall identify the specific noncompliance, the amount of the penalty assessed, and inform the applicant that it has a right to a hearing to appeal the validity or amount of the penalty. The request for a hearing must be made in writing and received by the WMP compliance official no later than the city’s close of business on the seventh calendar day from the mailing date (as determined by postmark) of the penalty notice. The hearing shall be held no later than 10 days following the receipt by the WMP compliance official of the written request for hearing. The city manager or his or her designee shall serve as the hearing officer. The applicant shall be notified in writing of the decision of the hearing officer. Notwithstanding any other provision of this code, the decision of the hearing officer shall be final. Any penalty assessed must be paid to the city prior to final building approval. Nothing in this chapter precludes the use of any other type of enforcement if administrative fines are imposed under this section. (Ord. 377 § 2, 2008)