Burbank Municipal Code Div. 2 Diversion of Construction

9-1-11-1010: PURPOSE:

The purpose of this Division, known as the Diversion of Construction and Demolition Debris Ordinance, is to reduce the amount of construction and demolition debris deposited into landfills by implementing source reduction, diversion, and recycling goals for certain applicable construction and demolition projects.

Where sections of this Division and the California Building Standards Code differ, the more stringent requirements shall apply. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1011: DEFINITIONS:

For the purposes of this Article, the following definitions shall apply. Words and phrases not ascribed a meaning by this Division shall have the meaning ascribed by Public Resources Code Sections 40000, et seq., the regulations of the California Integrated Waste Management Board, if defined therein, as such may be amended from time to time, and in the Resource Conservation and Recovery Act (RCRA) 42 USC §§ 6901, et seq., and the regulations implementing RCRA, as they may be amended from time to time.

APPLICANT: Means any person, firm, limited liability company, association, partnership, political subdivision, governmental agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the Building Department for an applicable permit to undertake construction, renovation, remodeling, repair, deconstruction, or demolition operations.

APPLICABLE PROJECT: Means a project for which a building, demolition, or other similar permit is required by this Code, and not otherwise exempt in this Division.

CONSTRUCTION AND DEMOLITION DEBRIS or C&D DEBRIS: Means used or discarded materials removed from property of an Applicable Project during construction, remodeling, repair, renovation, demolition or deconstruction resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any house, commercial building or other structure. Construction and Demolition Debris includes, but is not limited to, concrete, asphalt, brick, lumber, tile, carpeting, plastic, aluminum, glass, metals, gypsum wallboard, roofing materials, carpeting, wood, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures.

CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION REFERENCE MANUAL or MANUAL: Means a manual prepared by the Building Division of the Community Development Department to assist in implementation of this Division. A copy of the Manual shall be available at all times at the Building Division public counter.

CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT or DIVERSION SECURITY DEPOSIT: Means any performance bond, surety bond, money order, letter of credit, certified check, cash, certificate of deposit or similar type of security, in a form acceptable to the City, and submitted to the City pursuant to Section 9-1-11-1012 of this Division.

ESTIMATED DEBRIS GENERATION RATE: Means the rate set forth in the standardized Estimated Debris Generation Rate Table approved by the City for use in estimating the volume or weight of materials identified in a Waste Management Plan. The approved conversion rate shall be set forth in the Manual.

DIVERT OR DIVERSION: Means activities which reduce or eliminate the amount of C&D Material from disposal in a landfill or transformation facility.

DIVERSION REQUIREMENT: Means the diversion of at least 65 percent of the total Construction and Demolition Debris generated by an Applicable Project by reuse or recycling, unless the permit applicant has been granted an exemption pursuant to Section 9-1-11-1016.

EXEMPT PROJECT: Shall have the meaning set forth in Section 9-1-11-1016 of this Division.

PROJECT: Means any activity for which a permit for a building, demolition or other permit is required.

RECYCLING SUMMARY REPORT and RSR: Means a completed Recycling Summary Report form approved by the City and which is the report that shows compliance with the Waste Management Plan.

REUSE: Means the recovery or reapplication of a product or material in a manner. For example, the reuse of products such as light fixtures, doors or used brick is considered source reduction, not recycling.

WASTE MANAGEMENT PLAN and WMP: Means a completed Waste Management Plan form, approved by the City for the purpose of compliance with this Division, submitted by the permit applicant for all Applicable Projects. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1012: DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS AND SUBMISSION OF WASTE MANAGEMENT PLAN:

A. DIVERSION REQUIREMENT AND WASTE MANAGEMENT PLAN SUBMISSION.

Except as otherwise provided in this Division, each Applicant for a permit required by this Code for an Applicable Project shall complete and submit a Waste Management Plan (“WMP”) as part of the application packet for the building permit, unless the project is exempt, as defined below, certifying that the Diversion Requirement will be met. On or after July 1, 2007, no building or demolition permit shall be issued by the Building Department unless the Applicant for a construction or demolition permit for an Applicable Project has submitted to the Building Department an approved Waste Management Plan. The Building Official shall approve the WMP if it complies with the following provision.

B. FORM OF THE WMP.

The completed WMP must be signed by the Applicant and shall indicate all of the following:

The site address;
The names, addresses, and phone numbers of the property owner and the general contractor;
The existing square footage, the proposed square footage, the percentage of increase in project size, or the square footage of the structure to be demolished;
The estimated volume or weight of construction and demolition debris, by material type, to be generated on the project site;
The estimated volume or weight of construction and demolition debris, by material type, to be diverted to recycling, reuse or salvage;
The vendor or facility that the applicant proposes to use to collect or receive that material;
The estimated volume or weight of the construction and demolition materials that will be landfilled;
Certification that the minimum Diversion Requirement will be met;
Such other data and information as may be required by the Building Official;
Other information Applicant believes is relevant to determining its efforts to comply with this Division.

C. CALCULATING VOLUME AND WEIGHT OF MATERIAL.

In estimating the volume or weight of materials identified in the WMP, the applicant shall use the Estimated Debris Generation rates approved by the City for this purpose and as indicated in the Construction and Demolition Debris Diversion Manual.

D. CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT.

A refundable deposit shall be paid by the Applicant prior to the approval of any WMP, in an amount specified in the Fee Resolution. The deposit may be refunded without interest, in total, upon proof of satisfaction by the Building Official that no less than the Diversion Requirement generated by the Applicable Project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling in accordance with Section 9-1-11-1013. The deposit shall be forfeited entirely if Applicant fails to comply with the requirements of this Division. The deposit will not be refunded to any project that began work before obtaining all required permits as determined by the Building Official. The deposit shall be returned no later than 30 days after approval of the RSR.

E. ADMINISTRATIVE FEE.

A non-refundable administrative fee will be collected with the deposit as specified in the Fee Schedule. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1013: REPORTING COMPLIANCE WITH WMP:

A. DOCUMENTATION.

No later than 90 days after the Final Inspection is approved by the City, which date may be extended if City provides Applicant with a letter confirming the extension, the Applicant shall submit to the Building Official documentation that it has met the Diversion Requirement for the project in the form of the Recycling Summary Report (RSR). The Diversion Requirement shall be that the applicant has diverted at least 50 percent of the total construction and demolition debris generated by the project via reuse or recycling. This RSR shall be approved by the Building Official if it includes all of the following:

Receipts from a licensed vendor or facility that collected or received each material showing the actual weight or volume of that material;
A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled;
Any additional information the Applicant believes is relevant to determining its efforts to comply with this Division.

B. WEIGHING OF WASTES.

Applicant shall make reasonable efforts to ensure that all construction and demolition material is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition material shall be weighed by measurement on scales in compliance with all regulatory requirements for accuracy and maintenance. For materials 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 Building Official for this purpose. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1014: WMP MUST BE KEPT ON SITE:

A copy of the WMP shall be kept on the site of the building or work at all times during which the work is in progress and must be made available to the Building Official to allow verification of the provisions of this Division. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1015: VIOLATION OF DIVISION:

If the Applicant fails to comply with the requirements of this Division, the Construction and Demolition Diversion Security shall be retained by the City, and, in addition, the City shall have the right to pursue either criminal prosecution or the appropriate civil action to enforce the requirements of this Code. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1016: EXEMPT PROJECTS:

No Construction and Demolition Debris Security Deposit or a Waste Management Plan shall be required for any of the following:

A. Work for which a building permit or demolition permit is not required by this Code.

B. Residential additions and/or alterations that do not increase the building’s conditioned area, volume or size.

C. Non-residential additions and/or alterations less than 500 square feet in area if the permit valuation is less than $200,000.

D. Projects for which only a plumbing permit, electrical permit, or mechanical permit is required.

E. Demolition or construction required to protect public health or safety in an emergency.

F. Projects which may technically fall within this Division, but due to special circumstances, Construction and Demolition debris are minimized as determined by the Building Official. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-11-1017: BUILDING OFFICIAL INTERPRETATIONS:

The Building Official may interpret this Division as needed, publishing any interpretations at the Building Counter, or in the Construction and Demolition Debris Diversion Manual from time to time. [Added by Ord. No. 25-4,034, eff. 1/1/26.]