Chowchilla Municipal Code Ch. 8.05 Recycling of Construction and Demolition Waste

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

A. "Applicant" shall mean 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, therefore, responsible for meeting the requirements of this chapter.

B. "City" shall mean the city of Chowchilla.

C. "Construction and demolition waste" shall mean solid waste that results directly from construction, remodeling, repair, demolition, or deconstruction of buildings and other structures, does not contain hazardous waste (as defined in California Code of Regulations, Title 22, Section 66621.3 et seq.), and contains no more than one percent putrescible waste by volume, calculated on a monthly basis. Construction and demolition waste includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, wallboard, roofing material, ceramic tile, pipe, glass, carpet or associated packing.

D. "Construction" shall mean the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

E. "Covered projects" shall include a construction, renovation or demolition project for which a building permit or a demolition permit is required, covering five hundred square feet or more. For the purposes of determining whether a project meets the foregoing threshold, all phases of a project and all related projects taking place on a single or adjoining parcels as determined by the city shall be deemed a single project.

F. "Deconstruction" shall mean the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

G. "Demolition" shall mean the decimating, razing, ruining, tearing down or wrecking of any facility, structure, payment or building, whether in whole or in part, whether interior or exterior.

H. "Divert" shall mean use material for any purpose other than disposal in a landfill or transformation facility.

I. "Diversion requirement" shall mean the redirection from the waste stream of at least fifty 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, in which case the diversion requirement shall be the maximum feasible diversion rate established by the city's planning department and meet Cal Green Code.

J. "Franchise hauler" shall mean the city's exclusive franchise hauler.

K. "Material recovered facility" shall mean the required facility where construction and demolition waste should be hauled to be processed in order to meet Cal Green Code and the city's diversion requirements.

L. "Non-covered projects" shall mean projects that do not qualify as covered projects as defined by this section.

M. "Required construction and demolition processing facility" shall mean the city's franchise hauler's material recovery facility.

N. "Solid waste" shall mean waste that the department of resource recycling and recovery (Cal Recycle) has deemed acceptable for disposal at a Class III landfill.

O. "Recycling application" shall mean a required form submitted by the applicant and approved by the city's planning department. The recycling application provides the city with applicant's contact information and detailed information for each covered project.

P. "Waste diversion fee deposit" shall mean a fee deposited with the city pursuant to Section 8.05.080 (diversion deposit fee).

(Ord. No. 475-16, 3-22-2016)

A. At least seventy-five percent of all concrete and asphalt construction and demolition debris and fifty percent of all other construction and demolition debris generated by any covered project shall be delivered to the city's franchise hauler's material recovery facility, where material will be processed, sorted, recycled, or otherwise diverted from landfills for highest diversion.

B. Each applicant for a covered project shall meet the diversion requirements of this section unless the applicant is granted an exemption pursuant to this chapter, in which case the diversion requirement shall be the maximum diversion rates feasible (the "lower alternate diversion rates") as established in writing by the city's planning department.

(Ord. No. 475-16, 3-22-2016)

A. Covered projects are subject to meet CAL Green Code and shall mean any of the following projects:

1. All projects involving residential development of more than one residential unit;

2. All projects with a project area of five hundred square feet or greater;

3. All projects involving non-residential demolition and/or renovation of five hundred square feet or greater of project area.

(Ord. No. 475-16, 3-22-2016)

Applicants for non-covered projects are encouraged to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this chapter. All non-covered projects are subject to Section 8.04.070 regarding use of city's franchise hauler.

(Ord. No. 475-16, 3-22-2016)

A. City-sponsored construction, demolition or renovation activities that involve five hundred square feet or greater of project area shall divert construction and demolition debris in a manner consistent with this chapter to the extent necessary to meet or exceed the diversion requirements of Section 8.05.020 (diversion requirements). For such city-sponsored projects, an application, approved by the city, must be submitted to and approved by the planning department prior to the commencement of the subject construction, demolition, or renovation activities.

B. City-sponsored construction, demolition and renovation activities that involve less than five hundred square feet of project area are not required, but shall be encouraged, to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this chapter.

C. City curbside improvements and replacement of asphalt.

(Ord. No. 475-16, 3-22-2016)

A. The applicant for a covered project shall submit a recycling application to the city's planning department, in a form approved by the city's planning department, prior to beginning any construction, demolition, or renovation activities that generate solid waste.

B. The applicant shall submit its completed, signed and dated recycling application to the city during the construction, demolition, and/or similar permit application process(es). Approval of the recycling application by the city's planning department shall be in condition to precedent to the issuance of any building or demolition permit for all covered projects.

At a minimum, an approved recycling application shall contain the following:

1. Project location;

2. Contractor name;

3. Contact information;

4. Expected start and end date for the project;

5. Hauler/sub hauler information;

6. Transport by roll-off or self-hauls;

7. Transport to the city's franchise hauler's material recovery facility;

8. Type of project.

C. The applicant shall submit an appropriate deposit and administrative fees for the project in accordance with Section 8.05.080 (waste diversion fee deposit required).

D. Once the covered project is complete, the applicant must turn in required documents showing total waste and diversion of material, than the city will approve certificate of occupancy and sign application as approved and refund waste diversion deposit to the applicant.

(Ord. No. 475-16, 3-22-2016)

In order to ensure the diversion of reusable and/or recyclable fixtures, appliances, and other similar items from every demolition or renovation project, no demolition may take place until the applicant for a covered project has demonstrated through documentation submitted to and approved by the planning department that deconstruction activities will take place prior to demolition.

At a minimum, such documentation shall identify the name of the party that will conduct the deconstruction activity and the dates or time period when such activity is anticipated to occur. Reusable materials salvaged and diverted through the deconstruction of any covered projects shall count towards the diversion requirements of Section 8.05.020 (diversion requirements) in reported documentation required by Section 8.05.130 (reporting requirements).

(Ord. No. 475-16, 3-22-2016)

As a condition precedent to the issuance of any construction, demolition, or similar permit for a covered project, the applicant shall post a deposit (in the form of cash, letter of credit, money order, bond, or other method of payment acceptable to the city, in the amount of one dollar per square foot of building area related to covered project that will be constructed, demolished, or renovated. In no case shall the required deposit exceed fifty thousand dollars for any single covered project. Credit cards shall not be accepted by the city for payment of such deposit. The deposit shall be returned in total to the applicant, promptly and without interest, at the conclusion of the project upon the applicant presenting proof satisfactory to the city's planning department that no less than the required percentages (or approved lower alternative diversion rates) of construction and demolition debris generated by the covered project have been recycled, reused, or otherwise diverted from landfills to the extent indicated in the approved application. If lesser percentages of construction and demolition debris tonnage than required were diverted, the deposit shall be forfeited entirely to the city by the applicant. Failure to comply with any terms of this department may result, at the city manager's sole discretion, in the applicant's forfeiture of the waste diversion fee deposit.

(Ord. No. 475-16, 3-22-2016)

During the term of the covered project, the applicant shall divert the required percentage of waste and keep weight tickets from the material recovery facility. The city's planning department will monitor each covered project by requesting recycling reports from the city's exclusive franchise hauler to determine the percentage of waste recycled or reused from the covered project. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction, demolition, and/or renovation projects, onsite separation shall include, but not limited to, salvageable materials (e.g., fixtures, appliances, and other similar items) and lumber, wallboard, concrete and corrugated cardboard.

(Ord. No. 475-16, 3-22-2016)

A. Permit Requirements.

1. Person(s) who collect, remove or transport solid waste, including construction and demolitions waste, source-separated materials or commingled recyclables, generated within the city;

2. Persons who arrange for the removal or transportation of construction and demolition waste generated within the city, and who do not contract or otherwise arrange with a permittee to remove or transport such waste, must comply with all city requirements.

(Ord. No. 475-16, 3-22-2016)

As a means to deter unauthorized solid waste haulers and other persons from placing, depositing, storing or using their bins in the city, and to more effectively regulate and monitor the amount of solid waste disposed of in landfills, the city shall have the authority to require removal of such bins and require the solid waste present in such bins be delivered to the city's franchise hauler's material recovery facility.

(Ord. No. 475-16, 3-22-2016)

The material recovery facility meets Cal Green Code and an overall minimum fifty-percent diversion for construction and demolition debris. The recovery rate will be determined by the total quantity of materials delivered to an established recycling and composting markets divided by the total quantity received by the registered facility.

(Ord. No. 475-16, 3-22-2016)

Within thirty days following the completion of the demolition phase of a covered project, the applicant shall, as a condition precedent to receiving waste diversion deposit described in Section 8.05.080, submit actual weight tickets and or a diversion report from the city's exclusive franchise hauler to the city's planning department.

(Ord. No. 475-16, 3-22-2016)

If an applicant is aggrieved by any decision by the city's planning department under this chapter, the applicant may appeal the decision to the city council by filing with the city clerk a statement addressed to the city council setting forth the name and address of the person filing the appeal, the facts and circumstances regarding the planning department's decision and the basis of the appeal. The appeal shall be accompanied by a fee as established by the city council. The city clerk shall present the appeal to the city council at the next regular meeting of the city council following the date of filing. The city council shall hear and pass upon the appeal, and the decision of the council thereupon shall be final and conclusive.

(Ord. No. 475-16, 3-22-2016)