Butte County Municipal Code Art. VII Diversion of Construction and Demolition Debris

a. The Board of Supervisors is committed to protecting public health, safety, welfare and the environment.

b. The Board intends, through this Article, to facilitate the reduction of solid waste generation and the diversion of solid waste from landfills.

c. Under California law as embodied in the California Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.), all cities and counties in California are required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals and to make substantial reductions in the volume of waste materials going to the landfills.

d. Jurisdictions face fines up to ten thousand dollars ($10,000.00) per day for failure to comply with the requirements of the California Waste Management Act of 1989.

e. Debris from construction and demolition of buildings and tenant improvements represents a significant portion of the volume of inert waste that is generated in the County, and such waste is particularly suitable for recycling and reuse.

f. The Board recognizes that requiring the diversion of construction and demolition debris from landfill disposal may, in some instances, add to the cost of construction and demolition projects. The Board also recognizes, however, that such diversion is also likely to result in significant long-term cost savings to the taxpayers of the County.

g. The diversion of recyclable and reusable material from the waste stream will preserve landfill space to help meet future disposal needs.

h. Therefore, requiring the diversion of specified recyclable and reusable material from the waste stream will protect the public welfare.

(Ord. No. 3925, § 1 (part), 2-14-06)

For the purposes of this article the following definitions apply:

a. "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 who applies to the County for applicable permits to undertake any construction, demolition, or renovation project within the County, including, but not limited to, any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in Butte County.

b. "Responsible Party" means any applicant to whom a permit is issued by the County for a project.

c. "Construction" means all building, landscaping, remodeling, addition, removal or destruction.

d. "Divertible Materials" includes:

1. Masonry building materials generally used in construction including, but not limited to, asphalt, concrete, rock, stone, and brick;

2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure-treated, contaminated or painted;

3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use;

4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences;

5. Roofing materials including wood shingles as well as asphalt, stone and slate-based roofing material;

6. Fixtures that are in good working order including, but not limited to, shower stalls, sinks, faucets, tubs, cabinets, fans and built-in appliances;

7. Any other material, which the Solid Waste Manager finds can be reasonably diverted.

e. "Dispose" means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.

f. "Divert" means to prevent material from being disposed in a landfill or elsewhere, through a lawful transfer of possession of such material to a recycling or reuse facility which has been approved by the Solid Waste Manager.

g. "Project" means any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the County of Butte, if such projects exceed ten thousand (10,000) square feet or if such projects will result in the generation of more than one thousand (1,000) cubic yards of construction and demolition debris.

h. "Renovation" means any change, addition, or modification to an existing structure.

i. "Solid Waste Manager" means the director of the Department of Public Works, or his or her designee.

(Ord. No. 3925, § 1 (part), 2-14-06)

(Ord. No. 4088, § 54, 11-4-14)

a. Project. Any construction, demolition, and/or renovation project within the County of Butte for which a permit is required shall comply with this article if such project exceeds ten thousand (10,000) square feet or if such project will result in the generation of more than one thousand (1,000) cubic yards of construction and demolition debris.

b. County-Sponsored Projects. All County-sponsored construction, demolition, and renovation projects that are ten thousand (10,000) square feet or greater, or will result in the generation of more than one thousand (1,000) cubic yards of construction and demolition debris shall be considered projects for the purposes of this chapter.

(Ord. No. 3925, § 1 (part), 2-14-06)

a. During the duration of a project, the responsible party shall divert, at a minimum, sixty-five (65) percent by weight, or diversion required under CALGreen, whichever is more stringent, of the divertible materials from the solid waste stream when required as a condition of a County permit issued for a project, unless the Solid Waste Manager requires a lower percentage of divertible materials be diverted, in which case, the responsible party shall divert, at a minimum, the percentage by weight of the divertible materials from the solid waste stream required as a condition of a County permit issued for a project.

b. When submitting plans for a project to the Building Official, the responsible party will provide a "Construction and Demolition Waste Diversion Plan" (Diversion Plan) that will identify the means of how the materials will be diverted, which materials will be targeted, and approximate quantities. The Solid Waste Manager, or his or her designee, will either approve the Diversion Plan or return with suggested revisions. The Solid Waste Manager, or his or her designee, will conduct site inspections for the duration of the project as a resource for compliance with the Waste Diversion Plan.

c. In building permits for projects, the Building Official shall insert the following statement or an applicable variation thereof:

"During the project, the Responsible Party shall comply with Article VII, regarding diversion of construction and demolition debris. Consistent with Article VII, the Responsible Party shall separate divertible materials, such as appliances, dimensional lumber, concrete, brick, asphalt, cardboard, scrap metal, wood waste, vegetative waste and roofing material. Separated debris may be taken to a local landfill, but shall not be mixed with waste to be disposed at the landfill."

d. Although it may not be an explicit condition of the building permit, those working on non-covered projects are encouraged to divert material from construction and demolition projects to the maximum extent practicable in accordance with the ordinance.

e. To the maximum extent feasible, divertible materials shall be separated on-site if this practice leads to an increased diversion. This may include salvageable materials (e.g., appliances), dimensional lumber, concrete, brick, asphalt, cardboard, scrap metal, wood waste, vegetative waste and roofing material.

f. All applicants are encouraged to contact their waste service provider or the local County/City Solid Waste Agency for suggestions about how to minimize disposal costs and maximize diversion. Applicants shall be familiar with other requirements governing the disposal of solid waste in California, including identification of materials that are prohibited from disposal in municipal landfills.

g. This article does not require the use of specific waste service providers or require disposal of waste or divertible material at the Neal Road Recycling and Waste Facility.

h. Upon completion of the project, the Solid Waste Manager, or his or her designee, will review the Construction and Demolition Waste Diversion Plan compliance by the responsible party to determine if Plan goals were met. The responsible party shall submit, to the Solid Waste Manager, a report disclosing the types and amounts of salvaged, reused, recycled commodities and landfilled tonnage, on a form approved by the Solid Waste Manager, within thirty (30) days of completion of the project, as determined by the Solid Waste Manager.

(Ord. No. 3925, § 1 (part), 2-14-06)

(Ord. No. 4088, § 55, 11-4-14; Ord. No. 4217, § 24, 5-10-22)

a. Application. If an applicant for a project experiences unique circumstances that the applicant believes make it infeasible to comply with established diversion requirements, the applicant may request, in writing, an exemption from one (1) or all of the waste diversion requirements during the building permit process.

b. Meeting with Solid Waste Manager. The Solid Waste Manager, or his or her designee, shall review all exemption request information supplied by the applicant and may meet with the applicant to assess alternative ways of meeting waste diversion requirements. The Solid Waste Manager, or his or her designee, may request that staff from the County Department of Development Services attend this meeting or may require the applicant to request a separate meeting with Department of Development Services staff. Based on the information supplied by the applicant and, in consideration of information that may be provided by the Department of Development Services, the Solid Waste Manager, or his or her designee, shall determine whether it is possible for the applicant to meet any or all of the diversion requirements of the project.

c. Granting of Exemption. If it is determined that it is infeasible for the applicant to meet all of the diversion requirements specified in this article, the Solid Waste Manager, or their designee, shall determine alternate permit conditions and will inform the applicant, in writing, of any such alternative requirements.

(Ord. No. 3925, § 1 (part), 2-14-06)

a. Notwithstanding any other provision of this Code to the contrary, including, but not limited to, Sections 1-7 and 41-5 of this Code, a violation of Section 31-63(a) of this article shall not be charged as an infraction.

b. In addition to any other remedy authorized by this code or applicable law, any violation of the provisions of this chapter will be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in this chapter and authorized by California Government Code Section 53069.4. Each day of a continuing violation constitutes a separate violation.

c. Except as otherwise provided in subsection d of this section, the Solid Waste Manager may impose an administrative penalty for each violation in an amount not to exceed one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation of the same provision of this chapter within one (1) year after the first violation, and five hundred dollars ($500.00) for each additional violation of the same provision of this chapter within one (1) year after the first violation.

d. If the Solid Waste Manager determines that a project is in violation of the requirements of Section 31-63(a) of this article, the Solid Waste Manager may impose an administrative penalty equal to two hundred fifty dollars ($250.00) for every ton or fraction of a ton of C&D debris that was not recycled or reused as required.

e. Whenever the Solid Waste Manager determines that a violation of any provision of this article has occurred, the Solid Waste Manager is authorized to issue a notice of violation. The Solid Waste Manager's issuance of a notice of violation is final unless an administrative appeal has been filed as provided in Section 31-66 of this article. If such an administrative appeal is not filed, the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

f. The notice of violation shall specify the conditions constituting the violation, the time, if any, within which the violation must be corrected, the applicable administrative penalty, and the availability of an administrative appeal as provided in Section 31-66 of this article. The notice of violation shall also state that if such an administrative appeal is not filed and the applicable administrative penalty has not been paid, the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until such penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

g. A notice of violation shall be served upon a responsible person(s) by personal delivery or by registered or certified mail, return receipt requested, at the Solid Waste Manager's election. In the event that, after reasonable effort, the Solid Waste Manager is unable to serve the notice of violation as set above, service shall be accomplished by posting a copy of the notice on the premises of the project. The date of service is deemed to be the date of mailing, personal delivery, or posting, as applicable.

h. The total amount of administrative penalties imposed for a project under this section may not exceed fifteen percent (15%) of the value of the project, as described on the permit application(s), or fifty thousand dollars ($50,000.00), whichever is less, except that the fifteen percent (15%) limit shall not apply to demolition projects.

i. Any penalty collected under this section will be deposited in a separate revenue fund entitled "Solid Waste Management Fund."

(Ord. No. 3925, § 1 (part), 2-14-06)

a. Any person upon whom a notice of violation has been served may request an administrative review of the accuracy of the contents of the notice and/or the propriety of any administrative penalty by filing a written notice of appeal with the Solid Waste Manager no later than thirty (30) days after the date of service of the notice of violation. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal.

b. The appeal shall be heard by a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the Program. The Hearing Officer shall conduct a hearing concerning the appeal within forty-five (45) days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the county, and shall give the appellant ten (10) days prior written notice of the date of the hearing. The Hearing Officer shall sustain, rescind, or modify the notice of violation by written decision. The Hearing Officer shall have the power to waive any portion of an administrative penalty in a manner consistent with the decision. Service of the Hearing Officer's decision shall be made on the appellant in the manner provided in Section 31-65(f) of this article. The decision of the Hearing Officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. If judicial review of the final administrative decision is not sought in accordance with the provisions of Section 31-67, the decision of the Hearing Officer shall be deemed confirmed and the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

(Ord. No. 3944, § 3, 11-21-06; Ord. No. 3925, § 1 (part), 2-14-06)

Within twenty (20) days after service of the written decision of the hearing officer, a person contesting that decision may seek review of the decision by filing an appeal in the superior court pursuant to Government Code Section 53069.4. A copy of the notice of appeal must be served in person or by first class mail upon the clerk of the board of supervisors of the County of Butte by the person filing the appeal and a copy of the notice of appeal must be submitted to the Solid Waste Manager. If the decision of the court is against the contestant, the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until the applicable administrative penalty has been paid, or the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

(Ord. No. 3925, § 1 (part), 2-14-06)

a. Prior to recordation of a lien declared under this chapter in the amount of an unpaid administrative penalty, notice shall be given to the owner of the property to be subject to the lien and shall be served in the same manner as a summons may be served pursuant to Code of Civil Procedure Section 415.10 et seq.

b. The lien shall attach upon recordation in the office of the county recorder. The lien shall specify the amount of the lien, the date of the violations, the date of the final decision, the street address (if any), legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

c. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, the county shall record a notice of the discharge containing the information specified in subsection (b) of this section.

(Ord. No. 3925, § 1 (part), 2-14-06)

The Solid Waste Manager may establish and/or adopt standards, guidelines, and criteria consistent with this chapter which are reasonably necessary to achieve the objectives of this chapter.

(Ord. No. 3925, § 1 (part), 2-14-06)

The Solid Waste Manager may make any and all inspections, inquiries, and audits as the Solid Waste Manager may deem necessary to determine compliance with this chapter.

(Ord. No. 3925, § 1 (part), 2-14-06)

The County will periodically evaluate this article to determine its effectiveness in reducing the amount of construction and demolition debris landfilled. If the County determines that additional construction and demolition debris can reasonably be diverted beyond that which is required herein, the County may amend these provisions and implement additional measures to divert more materials. In making this determination, the County will consider issues such as the amount of construction and demolition debris being landfilled, the volume of construction and demolition debris being generated, availability of markets for various types of construction and demolition debris, the extent to which construction and demolition debris contributes to the County overall waste stream, and other barriers and opportunities that applicants may face.

(Ord. No. 3925, § 1 (part), 2-14-06)