Chapter 15-72
DEMOLITION DEBRIS DIVERSION
Sections:
15-72-030 Demolition permit application.
15-72-040 Exceptions to the demolition debris diversion requirements.
15-72-050 Submission of demolition debris diversion report.
15-72-060 Right to monitor and inspect.
15-72-010 Purpose and intent.
The purpose of this chapter is to establish a program for recycling and salvaging of construction and demolition waste consistent with the Cook County solid waste plan. This chapter is intended to introduce reuse and recycling requirements that will help achieve the city of Harvey’s goal to:
A. Reduce the amount of construction and demolition waste generated at the source;
B. Regulate the salvage and transport of salvageable construction and demolition material and to prevent the improper disposal of construction and demolition debris with the city of Harvey; and
C. Recover materials for recycling and reuse that would otherwise be discarded and return them to the economy.
D. The city is committed to protecting the public health, safety, welfare and environment and in order to meet these commitments it is necessary that the city promote the reduction of solid waste and reduce the stream of solid waste going to landfills.
E. The debris generated in construction and demolition projects accounts for a significant portion of the materials disposed of in landfills and a large percentage of such debris is comprised of materials particularly suitable for recycling.
F. The reuse and recycling of certain portions of construction and demolition debris is essential to further the city’s efforts to reduce solid waste.
G. Except in unusual circumstances, it is feasible to divert an average of at least seventy (70) percent of all construction and debris from construction and demolition projects. (Ord. 3283 § 2 (part), 2013)
15-72-020 Definitions.
“AHERA” means the Asbestos Hazard Emergency Response Act, 15 U.S.C. Section 2641 et seq.
“Alteration” means any change, addition, or modification of a structure or one (1) or more structural components in any way, including but not limited to the stripping or removal of ACM from a structure component.
“ASHARA” means the Asbestos School Hazard Abatement Reauthorization Act, 15 U.S.C. Section 2641 et seq.
“Construction and demolition debris (C&D debris)” means waste produced by the demolition or alteration of a structure. C&D debris may include but is not limited to bricks, concrete, masonry materials, soil, rock scrap, scrap metal, plaster, gypsum drywall, plumbing fixtures and piping, insulation, roofing shingles, other roof coverings, reclaimed or other asphalt pavement, glass, plastics, electrical wiring, corrugated cardboard, piping or metals incidental to any of those materials, landscape waste and wood, including painted, treated or coated wood, wood products, wall coverings and incidental dirt, metal, mortar, gypsum, plasterboard, wood and sand that may be intermingled with reusable or recyclable demolition material generated from demolition activities.
“Deconstruction” means the process of systematically dismantling a structure in an environmentally, economically and socially responsible manner, aiming to maximize the recovery of materials for reuse and recycling.
“Demolition” means the deconstructing, destroying, razing, tearing down, alteration or wrecking of any structure or removal of any load-supporting structural member of a facility together with any related handling operations.
“Demolition project” involves the demolition of any load-bearing or non-load-bearing building or portion of a building that may or may not contain ACM.
“Divert” or “diversion” means to recycle or reuse demolition debris for any purpose other than disposal in a landfill or incineration facility.
“Facility” means an establishment that collects material, including construction and demolition debris, and either reprocesses or aggregates the material to be sold back into the market or serves as an intermediate or permanent site for disposal. Facilities include recycling establishments, building material reuse centers, transfer stations or landfills.
“Hauler” means an establishment that collects and transports material, including construction and demolition debris, from the original site of generation or intermediate site to another destination, such as a facility.
“Recycle” or “recycling” means to set aside, handle, package or offer for collection residential, commercial, or industrial solid waste materials or by-products for the purpose of being reused or processed and then returned to the economic mainstream as useful products.
“Remodel” or “renovation” means the altering of an existing building or structure, or any portion of its structural components or systems, including the stripping, removal or abatement of ACM from a building or structure. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
“Residential” means a structure that contains one (1) or more dwelling units.
“Reuse” means recovering material for repeated use in the same form. This includes materials that are reused in the same location as they are generated. (Ord. 3283 § 2 (part), 2013)
15-72-030 Demolition permit application.
A. The application fee for all demolition projects is five (5) percent the total cost of the project.
B. Applications for a demolition permit will be subject to the following demolition debris diversion requirements:
1. Any residential building is subject to a minimum five (5) percent by weight reuse requirement and a minimum total seventy (70) percent by weight diversion requirement.
2. Any nonresidential building is subject to a seventy (70) percent by weight recycling requirement with reuse encouraged whenever possible.
C. To be issued a demolition permit, a demolition permit application, including a copy of your Cook County permit, must be submitted no less than five (5) business days prior to the start of the demolition project, and a copy of the contract for the demolition project.
1. Application may include but is not limited to a demolition debris diversion plan, estimating the respectively required diversion goals and the transport means and destinations of demolition debris. The demolition debris diversion plan shall provide a list with the name and address of the hauler or haulers that will transport each type of the demolition debris and the name and address of the facility or facilities that will receive the demolition debris. (Ord. 3283 § 2 (part), 2013)
15-72-040 Exceptions to the demolition debris diversion requirements.
The following structures will be exempt from the demolition debris diversion requirements, but must still apply for demolition permit before commencing any demolition activity:
A. Garages and sheds;
B. Projects that are not demolishing any load-bearing walls. (Ord. 3283 § 2 (part), 2013)
15-72-050 Submission of demolition debris diversion report.
A. Upon return of the building permit, the permit holder or his or her designee shall submit to the department a demolition debris diversion report verifying the demolition debris diversion requirements outlined by Cook County;
B. The demolition debris diversion report shall include, but is not limited to, the actual tracking form and the material transport reports outlined in the Cook County requirements;
C. The final destination for the materials as managed by each facility;
D. Each facility’s contact information; and
E. Any barriers encountered that prohibited diversion of demolition debris.
F. Any false statement, documentation or audit noncompliance shall result in citations and/or fines. (Ord. 3283 § 2 (part), 2013)
15-72-060 Right to monitor and inspect.
A. The director or his/her designee may inspect and monitor all demolition projects to determine actual levels of demolition debris diversion and to validate the information provided in the demolition debris diversion plan and the demolition debris diversion report.
B. An applicant shall retain the receipts or weight tickets for the quantities of materials reused, recycled and landfilled as indicated in the demolition debris diversion report for at least three (3) years after the demolition is complete.
C. Site inspections by the department may occur during demolition activity to verify proper siting and material handling procedures are being followed in compliance with all applicable sections of the city of Harvey municipal code. (Ord. 3283 § 2 (part), 2013)
15-72-070 Penalty.
Any person who violates this chapter shall, upon conviction thereof, be fined not less than two thousand five hundred dollars ($2,500.00), nor more than five thousand dollars ($5,000.00), for each offense. Each day that a violation continues shall be deemed to constitute a separate and distinct offense. A person violating the provisions of this code may receive a separate citation for each violation committed. (Ord. 3283 § 2 (part), 2013)