Brea Municipal Code Ch. 8.29 Construction and Demolition Waste Management

This chapter shall be known and designated as the “Construction and Demolition Waste Management Code.”

(Ord. 1097, 2-6-2007)

The purpose of this chapter is to reduce landfill waste by requiring an applicant for every covered project, as defined herein, to divert construction and demolition debris resulting from that project, in compliance with state and local statutory goals and policies, and to create a mechanism to secure compliance with the diversion requirements.

(Ord. 1097, 2-6-2007; Ord. 1218, 10-6-2020)

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

"Applicant."

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 any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

"Construction."

The building or enlargement of any structure, or any portion thereof, and includes without limitation alterations or improvements to an existing structure.

"Construction and demolition debris."

The excess or discarded materials, which are removed from a site during or after the construction or demolition of any structure, fence, wall, or paving.

"Conversion rate."

The rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, approved by the California Integrated Waste Management Board.

"Covered project."

Any project consisting of demolition work regardless of cost, any competitively bid public works construction project, or any new construction and demolition, addition, or alteration project subject to the waste diversion requirements set forth in the Green Building Standards Code of the City of Brea.

"Deconstruction."

To disassemble any facility, structure or building, whether in whole or in part, whether interior or exterior, piece by piece, in order to salvage the materials and parts.

"Demolition."

The razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, or interior or exterior.

"Director of maintenance services."

The Director of Maintenance Services for the city, or designee.

"Diversion requirement."

The diversion rate for construction and demolition debris generated by a project, as established in this chapter, or reduced diversion rate authorized pursuant to § 8.29.100, or diversion of construction and demolition debris generated by a project through the exclusive use of the city's permitted waste hauler (see § 8.29.050).

"Divert and diversion."

Activities that reduce or eliminate the amount of construction and demolition debris generated by a project from landfill disposal for purposes of the Green Building Standards Code of the City of Brea.

"Paving."

Driveways, walkways, parking areas, streets and sidewalks.

"Permit."

Any building or demolition permit.

"Permitted waste hauler."

A waste hauler holding an exclusive permit to collect and haul solid waste and/or recyclable materials within the city.

"Project."

Any proposal for new or changed use, or for new construction, demolition, alteration or enlargement of any structure, that requires a permit from the city.

"Recycling."

The process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace, as also defined in the Green Building Standards Code of the City of Brea.

"Structure."

Anything constructed or erected that requires a location in the ground, including any building, swimming pool, driveway or walkway, but not including a fence or wall not used to support any other structure.

"Waste management plan."

A written plan for diverting construction and/or demolition debris submitted to the city, as required by this chapter.

"Waste management plan compliance official."

The designated administrator of the Sanitation Division of the Maintenance Services Department.

(Ord. 1097, 2-6-2007; Ord. 1218, 10-6-2020)

A. Each covered project shall meet the diversion requirement, and shall otherwise comply with all provisions of this chapter.

B. Compliance with the provisions of this chapter shall be a prerequisite for issuance of any building or demolition permit for a covered project.

(Ord. 1097, 2-6-2007)

A. The applicant/permit holder for a covered project shall divert, at a minimum, the required percentage of the construction and demolition debris resulting from the project as set forth in the provisions of the Green Building Standards Code of the City of Brea.

B. The applicant/permit holder for a covered project shall comply with the diversion methods set forth in this chapter and in the Green Building Standards Code of the City of Brea. The diversion rate will be presumed to have been met if all construction and demolition debris is collected using a C&D industrial roll off and hauled by the city’s permitted waste hauler.

(Ord. 1097, 2-6-2007; Ord. 1218, 10-6-2020)

The following projects are exempt from the requirements of this chapter:

A. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined in writing by any public safety official or code compliance officer of the city, prior to demolition.

B. Projects exempt from waste diversion requirements pursuant to the Green Building Standards Code of the City of Brea.

(Ord. 1097, 2-6-2007; Ord. 1218, 10-6-2020)

A. All applicants for covered project permits shall complete and submit a Waste Management Plan as part of the application packet. The Waste Management Plan shall include the information required by the Green Building Standards Code of the City of Brea and the following information, calculated with the conversion rate, and shall be attested to by the applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project when all of the facts cannot be ascertained:

1. The estimated volume or weight of construction and demolition debris, listed for each material;

2. The estimated volume or weight of construction and demolition debris that can be diverted for each material;

3. The estimated volume or weight of construction and demolition debris that will be land-filled as solid waste;

4. The identification of the vendor or facility that will collect or receive the construction or demolition debris or that will deconstruct the structure; and

5. The estimated date on which demolition or construction is to commence.

(Ord. 1097, 2-6-2007; Ord. 1218, 10-6-2020)

A. Time for review. A Waste Management Plan shall be approved or denied no later than fifteen (15) business days after a completed application is filed. The approval may include conditions reasonably necessary to meet the standards of this chapter.

B. Notwithstanding any other provision of this chapter, no building or demolition permit shall be issued for any covered project unless and until the Waste Management Plan has been approved. No Waste Management Plan shall be approved unless the Waste Management Plan Compliance Official makes the following findings:

1. All of the information required by § 8.29.070 has been provided; and

2. The plan establishes a mechanism that will cause the diversion requirement to be met. Use of the city's permitted waste hauler, or recycling companies that use their own collection bins and own trucks to haul construction and demolition recyclable waste, will qualify as a mechanism to meet the diversion rate. Except as otherwise provided herein, no third party haulers may be used to satisfy this chapter's waste diversion requirements. Use of any other non-permitted waste hauler is a violation of the city's Solid Waste Code and will not be approved.

C. If the Waste Management Plan Compliance Official makes the findings required by this section, then he or she shall mark the Waste Management Plan "Approved," return a copy of the Waste Management Plan to the applicant, and notify the Building Official that the Waste Management Plan has been approved.

D. Denial. If the Waste Management Plan Compliance Official denies the Waste Management Plan, the grounds for denial shall be set forth in writing provided to the applicant, along with the advisement that the denial may be appealed pursuant to this chapter.

(Ord. 1097, 2-6-2007)

A. Documentation. Unless the applicant has been granted a complete exception pursuant to § 8.29.100, then prior to the completion of any covered project, the applicant shall submit to the Waste Management Plan Compliance Official the documentation required under the Green Building Standards Code of the City of Brea and a written statement signed under penalty of perjury, establishing that the diversion requirement has been met. The diversion requirement shall be as set forth in § 8.29.050 of this chapter. If the applicant has been granted a partial exception pursuant to § 8.29.100, the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Plan Compliance Official for the project. If the applicant has used the city’s permitted waste hauler and ordered a C&D industrial roll off to meet the diversion requirements of this chapter, then no further documentation shall be required. For those applicants whose projects do not use the permitted waste hauler with a C&D industrial roll off, the documentation shall include the following:

1. The dates demolition and construction actually commenced;

2. The actual volume or weight of construction and demolition debris, listed for each material;

3. The actual volume or weight of construction and demolition debris that was diverted for each listed material;

4. A specification of the method used to determine the volume and weight, and a certification satisfactory to the Waste Management Plan Compliance Official that the method used was the most accurate, commercially reasonable method available; and

5. Original receipts from all vendors and facilities, that collected or received construction and demolition debris, indicating actual weights and volumes received by each.

B. Weighing of wastes. Applicants shall make reasonable efforts to ensure that, whether diverted or land-filled, all construction and demolition debris is measured and recorded, using the methods of measurement required under the Green Building Standards Code of the City of Brea. If not using the city’s permitted waste hauler, then all construction and demolition debris shall be weighed. In those instances in which, due to small size or other considerations, weighing construction and demolition debris is not practical, a volumetric measurement shall be used. To convert volumetric measures to weight, the applicant shall use the standardized conversion rates approved by the Waste Management Plan Compliance Official for this purpose.

C. Determination of compliance and release of building permit. Unless the applicant has been granted a complete exception pursuant to § 8.29.100, the Waste Management Plan Compliance Official shall review the information submitted under subparagraph A. of this section and determines which of the following compliance levels best describes the extent to which the applicant has complied with the diversion requirements:

1. Full compliance. If the Waste Management Plan Compliance Official determines that the applicant has fully complied with the diversion requirement, he or she shall allow final inspection of the work and release of the final building permit.

2. Good-faith effort to comply. If the Waste Management Plan Compliance Official determines that the diversion requirements have 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 the diversion requirement. In making this determination, the Waste Management Plan Compliance Official shall consider the availability of markets for the construction and demolition debris land-filled, the size of the project and the documented efforts of the applicant to divert construction and demolition debris. If the Waste Management Plan Compliance Official determines that the applicant has made a good-faith effort to comply with the diversion requirement, he or she shall allow final inspection of the work and release of the final building permit.

3. Noncompliance. If the Waste Management Plan Compliance Official determines that the applicant has not made a good-faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by subparagraph A. of this section within the required time period, then the Waste Management Plan Compliance Official shall so notify the applicant and Building Official. The Building Official shall not allow final inspection of the work or release of the final building permit until the applicant has been determined to be in full compliance, or to have made a good-faith effort to comply, with the waste diversion requirements of this chapter.

(Ord. 1097, 2-6-2007; Ord. 1218, 10-6-2020)

Prior to commencing demolition or construction, an applicant may request a partial or complete exception from the requirements of this chapter through the following process:

A. Initiation. This exception process shall be initiated by filing a completed exception application with the Waste Management Plan Compliance Official. The Waste Management Plan Compliance Official shall determine the completeness of the exception application within five (5) business days of filing.

B. Decision on application. The Waste Management Plan Compliance Official shall either make all of the required findings and grant a partial or complete exception, or state in writing why all of the findings cannot be made and deny the application. A decision on the application shall be rendered within ten (10) business days following determination that the application is complete.

C. Findings. All of the following findings must be made prior to the approval of an exception:

1. There are exceptional or extraordinary circumstances or conditions applicable to the project that does not apply generally to similar projects;

2. Granting the application will not constitute a grant of a special privilege inconsistent with limitations imposed on like projects; and

3. Cost to the applicant to strictly comply with this chapter is not the primary reason for applying for, or granting, an exception.

(Ord. 1097, 2-6-2007)

Any person or entity aggrieved by any decision under the provisions of this chapter with respect to approval or denial of a Waste Management Plan, or an application for an exception from compliance with this chapter, may appeal such decision by filing a letter of appeal with the Director of Maintenance Services briefly stating therein the basis for such appeal. The letter of appeal must be received within five (5) business days of the date of the appealed decision. A hearing shall be held no more than ten (10) business days after receipt of the letter of appeal. The appellant shall be given at least five (5) business days notice by mail of the time and place of the hearing. A Hearing Officer having no involvement in the decision being appealed shall be appointed by the City Manager. At the hearing, the appellant and any other interested party shall have a reasonable opportunity to be heard and to present evidence as to why the decision should not be affirmed. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support the appealed decision. Within three (3) business days of the conclusion of the hearing, the Hearing Officer shall affirm, reverse or modify the appealed decision based on written findings, and shall forward a copy of the written decision to the appellant. The Hearing Officer's decision shall be final.

(Ord. 1097, 2-6-2007)

A. It shall be unlawful and a violation of this chapter to do any of the following:

1. To willfully fail to comply with any provision of this chapter.

2. To provide false or misleading information in any plan, application, report or document required by this chapter.

3. To fail to meet the diversion requirement for any covered project.

B. Penalties. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion, thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this chapter.

C. Civil remedies. The violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 1097, 2-6-2007)