Belvedere Municipal Code Ch. 16.30 Construction and Demolition Debris Diversion

CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION

Sections:

• 16.30.010 Definitions. 16.30.020 Threshold for covered projects.

• 16.30.030 Submission of waste management plan.

• 16.30.040 Review of waste management plan. 16.30.050 Compliance with the waste management plan. 16.30.060 Infeasibility exemption. 16.30.070 Appeal. 16.30.080 Enforcement.

For the purposes of this Chapter, the following definitions shall apply:

• A. “AB 939” means the California Waste Management Act of 1989, Public Resources Code Section 40000 et seq.

B. “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 that applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.

C. “Building Official” means the designated City staff person(s) authorized and responsible for implementing this Chapter.

D. “Construction” means the building of any facility or structure, 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, demolition, or renovation of a structure resulting from construction, remodeling, repair, 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 as set forth in Section 16.30.020A of this Chapter.

H. “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.

I. “Diversion requirement” means the diversion of at least 50 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to this Chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Building Official for the covered project.

J. “Divert” means to use material for any lawful purpose other than disposal in a landfill or transformation facility.

• K. “Noncovered project” shall have the meaning as set forth in Section 16.30.020B of this Chapter.

L. “Performance security” means any performance bond, surety bond, money order, letter of credit, certificate of deposit, or similar financial guarantee as approved by the Building Official, submitted to the City pursuant to this Chapter.

• M. “Person” means a person, corporation, association, or partnership.

• N. “Project” means any activity which requires an application for a building or demolition permit from the City.

• O. “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.

• P. “Renovation” means any change, addition, or modification of 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. “Waste management plan” means a completed waste management plan application, approved by the City for the purpose of compliance with this Chapter, submitted by the applicant for any covered or noncovered project. (Ord. 2010-3 § 2, 2010.)

A. Covered projects. Every construction, demolition, and/or renovation project within the City shall comply with the requirements of this Chapter. Failure to comply with any of the terms of this Chapter shall subject a person to the full range of enforcement mechanisms as set forth in Section 16.30.080

B. Noncovered projects. Reroofing and window replacement projects are exempt from this Chapter, in addition to those permits which are issued solely as an electrical, plumbing or mechanical permit.

C. Compliance as a condition of approval. Compliance with the provisions of this Chapter shall be a condition of approval for any building or demolition permit issued for a covered project and shall be a condition for final City approvals of said permit, including the cessation of a project’s construction time limit period and the issuance of a certificate of occupancy. (Ord. 2010-3 § 2, 2010.)

Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan application, on a waste management plan form provided by the City for this purpose, as part of the application packet for the building or demolition permit. The completed waste management plan application shall indicate all of the following:

• A. The estimated volume or weight of project construction and demolition debris, by materials type, to be generated;

• B. The estimated maximum volume or weight of such materials that can feasibly be diverted via reuse;

• C. The estimated maximum volume or weight of such materials that can feasibly be diverted via recycling;

• D. The vendor and/or facility that the applicant proposes to use to collect or receive said materials; and

E. The estimated volume or weight of construction and demolition materials that will be transported to a landfill. In estimating the volume or weight of materials identified in the waste management plan, the applicant shall use the standardized conversion rates approved by the City for this purpose. (Ord. 2010-3 § 2, 2010.)

No building or demolition permit shall be issued for any covered project unless and until the Building Official has approved the waste management plan. Approval of a waste management plan shall not be required, however, where an emergency demolition is required to protect the public health or safety. The Building Official shall only approve a waste management plan application if he or she first determines that all of the following conditions have been met:

A. The waste management plan application provides all of the information set forth in section 16.30.030 of this Chapter;

B. The waste management plan application states that at least 50 percent of all construction and demolition debris generated by the project will be diverted; and

C. Payment of any required performance security deposit as required by the Building Official, to a maximum of 3 percent of the project valuation. (Ord. 2010-3 § 2, 2010.)

A. Diversion requirement—documentation. The applicant for each project shall comply with the requirement that at least 50 percent of the total construction and demolition debris generated by the project shall be diverted via reuse or recycling, unless the applicant is granted an infeasibility exemption pursuant to Section 16.30.070 of this

Chapter, in which case the diversion requirement shall be the maximum feasible diversion rate determined by the Building Official for the project. Prior to requesting a Building Department final inspection approval of any covered project, the applicant shall submit to the Building Official documentation that the applicant has met the diversion requirement for the project. Required documentation shall include all of the following:

1. Receipts from the vendor or facility which collected or received the construction and demolition debris showing the actual weight or volume of the material received;

2. A copy of the previously approved waste management plan application for the project setting forth the actual volume or weight of each material to be diverted or taken to a landfill; and

3. Any additional information the applicant believes is relevant to determining a good faith effort in complying with the requirements contained in this Chapter.

B. Weighing of waste. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or taken to a landfill is measured and recorded using the most accurate method of measurement available. To the extent practical, all debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition 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 approved by the City for this purpose.

C. Determination of compliance and release of performance security. The Building Official shall review the information submitted under Subsection A of this Section and determine the extent to which the applicant has complied with the diversion requirement, as follows:

1. Full compliance. If the Building Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the performance security to be released in full to the applicant.

2. Good faith effort to comply. If the 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 Building Official shall consider the availability of markets for the debris transported to the landfill, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the 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 thereof to be determined in the Building Official’s sole discretion, to the applicant. Any portion of the performance security not released to the applicant shall be forfeited to the City and shall be used for the purposes of promoting recycling within the City.

3. Noncompliance. If the 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 required by Subsection A of this Section within the required time period, then the performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purposes of promoting recycling within the City. (Ord. 2010-3 § 2, 2010.)

A. Application. If an applicant for a covered project believes that due to unique circumstances it would be infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the waste management plan application. The applicant shall indicate on the waste management plan application the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Granting of exemption. If the Building Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate the rate on the waste management plan application. The Building Official shall return a copy of the waste management plan application to the applicant marked “Approved for Infeasibility Exemption.”

C. Denial of exemption. If the Building Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a waste management plan application. If the applicant fails to resubmit the waste management plan application, or if the resubmitted waste management plan application does not comply with this Chapter, then the Building Official shall deny the waste management plan application. (Ord. 2010-3 § 2, 2010.)

Decisions of the Building Official pursuant to this Chapter, including but not limited to the granting or denial of an exemption, the determination whether the applicant has acted in good faith, and the amount of security to be released, may be appealed to the City Council in writing and shall be filed with the Deputy City Clerk within seven calendar days after notification of such decision. The appeal shall be accompanied by a filing fee as is hereafter from time to time set by City Council resolution. (Ord. 2010-3 § 2, 2010.)

In addition to the withholding of final City approvals and the return of any security deposits, a violation of any provision of this Chapter may be enforced by any of the procedures provided for in Belvedere Municipal Code Chapter 1.12 and/or 1.14. (Ord. 2010-3 § 2, 2010.)