Carpinteria Municipal Code Art. IV Mandatory Recycling of Construction and Demolition Waste

A. Covered Projects. Covered projects, meaning those projects subject to mandatory recycling, shall include any project meeting any one or more of the following thresholds:

1. Residential additions or remodels of one thousand square feet or more of gross floor area;

2. Commercial or industrial tenant improvements of two thousand square feet or more of gross floor area;

3. New structures, irrespective of gross floor area or valuation;

4. Demolition of any structure subject to a building permit, irrespective of cost or valuation;

5. Any grading work requiring a permit, irrespective of cost, from which inert material will be removed from the project site;

6. All city-sponsored projects and/or construction projects awarded by the city pursuant to the competitive bid process mandated by the California Public Contract Code.

B. City-Sponsored Projects. All city-sponsored construction or renovation projects within the city consisting of one thousand square feet or more of gross floor area shall comply with this section. In addition, all city-sponsored demolition projects having a total square footage of more than one thousand square feet shall be a covered project. These city-sponsored projects shall submit a waste management plan ("WMP") to the compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this section with the exception of Section 8.08.610.

C. Exempt Projects. The following projects are exempt from the requirements of this section:

1. Immediate or emergency demolition required to protect the public health, safety, or welfare, as determined by the director, building official, police chief, or fire chief of the county of Santa Barbara;

2. Projects consisting solely of the installation of pre-fabricated accessories such as patio enclosures and covers, signs, or antennas where no foundation or other structural building modifications are required;

3. A project for which an entitlement of design review approval has been obtained from the city prior to the effective date of this section;

4. A project for which the city, prior to the effective date of this section, has lawfully issued a valid building permit;

5. A public works contract awarded in accordance with the California Public Contract Code for which the notice inviting bids was published prior to the effective date of this section;

6. Work for which only a plumbing permit, electrical permit, or a mechanical permit is required, or any combination thereof;

7. Seismic tie-down projects;

8. Other work the city determines will not produce significant levels of reasonably recyclable construction and demolition waste.

(Ord. No. 665, § 2, 12-9-2013)

For all covered projects, it is required that at least sixty-five percent by weight of all construction and demolition waste generated by the project be diverted from disposal.

(Ord. No. 665, § 2, 12-9-2013)

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 8.08.620. The applicant shall indicate in the WMP 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 normally-required diversion requirement.

B. Meeting with Director. The director shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based upon the information supplied by the applicant, and input from public works department staff, the director shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the director 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, shall indicate this rate on the WMP submitted by the applicant by marking it "approved for unique circumstances exemption," and shall notify the community development department that the WMP has been approved.

D. Denial of Exemption. If the director 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 thirty days to resubmit a WMP form in full compliance with Section 8.08.620. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.08.620, the Director shall deny the WMP in accordance with Section 8.08.660.

(Ord. No. 665, § 2, 12-9-2013)

Applicants for building or demolition permits involving any covered project shall complete and submit a WMP on a form approved by the city for this purpose as part of the application for the building or demolition permit. The completed WMP 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 maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

C. The vendor and facility that the applicant proposes to use to collect and receive recyclable material; and

D. The estimated volume or weight of construction and demolition debris that will be taken to a landfill.

(Ord. No. 665, § 2, 12-9-2013)

In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(Ord. No. 665, § 2, 12-9-2013)

In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure that has been deconstructed shall make all materials generated thereby available for salvage, to the maximum extent feasible.

(Ord. No. 665, § 2, 12-9-2013)

Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the director has approved the WMP. The director shall only approve a WMP if he or she first determines that all of the following conditions have been met:

A. The WMP provides all of the information set forth in Section 8.08.620; and

B. The WMP demonstrates that at least sixty-five percent by weight of all construction and demolition waste generated by the project will be diverted.

If the director determines that these conditions have been met, he or she shall mark the WMP "approved," return a copy of the WMP to the applicant, and notify the city's community development department that the WMP has been approved.

(Ord. No. 665, § 2, 12-9-2013)

If the director determines that the WMP is incomplete or fails to demonstrate that at least sixty-five percent by weight of all construction and demolition waste generated by the project will be reused or recycled, he or she shall either:

A. Return the WMP to the applicant marked "denied," including a statement of reasons, and so notify the community development department; or

B. Return the WMP to the applicant marked "further explanation required."

(Ord. No. 665, § 2, 12-9-2013)

As the covered project is undertaken, the applicant shall recycle and reuse the required percentage of waste and keep records of the tonnage, or other measurements as approved by the city that can be converted to tonnage amounts. The director will evaluate and may monitor each covered project to determine the percentage of waste savaged and recycled or reused from the covered project. For covered projects including both construction and demolition, diversion percentages of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if the practice increases diversion. For construction and/or demolition projects, on-site separation shall include, but is not limited to, salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.,) and dimensional lumber, wallboard, concrete, and corrugated cardboard.

(Ord. No. 665, § 2, 12-9-2013)

Within thirty days following the completion of the demolition phase of a covered project, and again within thirty days following the completion of the construction phase, the applicant as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project shall submit documentation to the director that demonstrates that the applicant is in full compliance with the requirements of Sections 8.08.600 and 8.08.620. The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tickets on other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tickets will be used to verify whether waste generated from the covered project has been or is to be recycled, reused, salvaged, or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed of is measured and recorded using the most accurate method of measurement available.

To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste 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.

If a covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the director before issuance of a building permit for the construction phase of a covered project. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the director. Any deposit posted pursuant to Section 8.08.690 shall be forfeited if the applicant does not meet the timely reporting requirements of this section.

(Ord. No. 665, § 2, 12-9-2013)

Prior to the issuance of any permit for construction or demolition for a covered project of ten thousand square feet or more, the city, at its sole discretion, may require the applicant to post a deposit (cash, letter of credit, or money order) in an amount equal to the tipping fee charged for refuse at the landfill for which the waste is destined, but not less than two hundred fifty dollars. Upon proof of satisfaction to the director that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling, the deposit shall be returned without interest to the applicant. If a lesser percentage of construction and demolition waste tonnage than required is diverted, a proportionate share of the deposit as determined by the director shall be returned. The deposit shall be forfeited entirely or to the pro-rated extent that there is a failure to comply with the requirements of this chapter. The city may, by resolution, modify the amount of the required deposit.

(Ord. No. 665, § 2, 12-9-2013)

An appeal of the director's determination regarding construction and demolition diversion, or of a decision to return less than a full deposit, may be made to the city manager or his or her designee in writing not longer than ten days after the director's decision. The decision of the city manager shall be final. An appeal shall not be accepted by the city manager unless it is complete. A completed notice of appeal must specifically state:

A. The name and address of the appellant and appellant's interest in the decision;

B. The nature of the decision and/or the conditions appealed from; and

C. A clear, complete, and brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate.

(Ord. No. 665, § 2, 12-9-2013)

A. Civil Penalty. If the director or the city manager on appeal determines that an applicant is in noncompliance as described in Section 8.08.660, the applicant shall pay a civil penalty in the amount calculated as two percent of the total covered project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the community development department.

B. Enforcement. The city attorney is authorized to enforce this section through any and all appropriate legal means, including criminal proceedings or a civil action in any court of competent jurisdiction to recover civil penalties for the city.

(Ord. No. 665, § 2, 12-9-2013)