10-10 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING.

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

a. 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 Town for the applicable permits or approvals to undertake construction, demolition or renovation projects within the Town.

b. Certified C&D recovery facility. Any facility certified by the Central Contra Costa Solid Waste Authority (CCCSWA), or the Town, to recover at least sixty five percent (65%) or more of recyclable materials from C&D disposal and provide a receipt or other equivalent documenting this disposal and recovery.

c. Construction. The building or improvement of any facility or structure or any portion thereof, including any tenant improvements to an existing facility or structure.

d. Construction and demolition debris (C&D debris). Used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential or commercial building or other structure.

e. Conversion factor. The value set forth in the standardized volume-to-weight conversion table approved by the Town pursuant to this section for use in estimating the volume or weight of materials identified in a waste management plan.

f. Covered project. The projects that shall be subject to the requirements of subsection 10-10.3(a).

g. Deconstruction. The process of dismantling a building or structure in order to salvage components for reuse or recycling.

h. Demolition. The decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

i. Divert. To use material for any purpose other than disposal in a landfill.

j. Disposal facility. Any facility permitted to receive solid waste, recyclable, or reusable waste materials.

k. Diversion requirement. Redirection from the waste stream of at least sixty five percent (65%) 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 WMP compliance official for the project.

l. Noncovered project. Shall have the meaning set forth in subsection 10-10.3(b).

m. Project. Any activity, which requires an application for a building, grading or demolition permit, or any similar permit from the Town.

n. Recycling. The process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the marketplace in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

o. Renovation. Any change, addition or modification in an existing structure.

p. Reuse. Further or repeated use of materials in their original form.

q. Salvage. The controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

r. Total costs. The total construction value of the project using standard commercial and residential valuation formulas.

• s. Vendor. A commercial recycler permitted by CCCSWA.

t. Waste management plan (WMP). A completed WMP form, approved by the Town for the purpose of compliance with this section, submitted by the applicant for any covered project. The WMP shall identify C&D debris that will be generated for disposal and recycling, shall list the actual material weight or volume of the C&D debris and shall attach all disposal and recycling receipts.

u. WMP compliance official. The Chief Building Official or designee.

(Ord. 2009-05, § 1; Ord. 2016-07, § 1)

The applicant for a covered project, as defined below in subsection 10-10.3(a), shall divert at least sixty five percent (65%) of construction and demolition debris unless the applicant is granted an infeasibility exemption.

(Ord. 2009-05, § 1; Ord. 2016-07, § 1)

a. Covered projects. All projects within the Town which are subject to the construction waste reduction, disposal and recycling requirements of the California Green Building Standards Code, as adopted in Chapter 10-7 of this Code.

b. Noncovered projects. All other projects within the Town that have not met the threshold for covered projects shall be considered noncovered projects. Applicants for noncovered projects shall be encouraged to divert as much project-related C&D debris as possible.

c. Public projects. All projects undertaken by the Town or other public agency on property located within the Town whose total costs are equal to or greater than fifty thousand ($50,000) dollars, or which involve the construction, or renovation of one thousand (1,000) square feet or more shall be considered covered projects for the purposes of this section. The project sponsor shall submit a WMP to the WMP compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

d. Demolition-only projects. Demolition-only projects within the Town which are, or are projected to be, greater than or equal to three hundred (300) square feet shall be considered covered projects and shall comply with this chapter.

e. Building, grading and demolition permits. No building, grading, demolition or similar permit shall be issued for a covered project unless and until the WMP compliance official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building, grading, demolition or similar permit issued for a covered project.

(Ord. 2009-05, § 1; Ord. 2016-07, § 1)

In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to being transported for disposal to a recycling center, transformation facility, or landfill.

• (Ord. 2009-05, § 1)

a. In order to be counted toward the diversion requirement, C&D waste must be taken to a certified C&D recovery facility.

b. In order to establish compliance with this section, the applicant must submit all disposal documentation from C&D recovery facilities (to which the C&D debris is taken) and other disposal facilities (to which the non-recyclable materials are taken) to assist in determining whether the diversion requirement has been met.

c. The Town shall make available to each applicant a current list of certified C&D recovery facilities.

• (Ord. 2009-05, § 1)

a. Applicants for any covered projects shall complete and submit a WMP on a form approved by the Town as part of the application submittal requirements for a building, grading, demolition or similar permit. The WMP shall include an acknowledgement of responsibility that the applicant and/or property owner understands the consequences of not meeting the sixty five percent (65%) diversion requirement and that the applicant and/or owner is responsible for the actions of its contractors or other agents with regard to the diversion requirement. Both the project property owner and general contractor will acknowledge this responsibility and indicate so by their signature on the WMP.

b. No building, grading demolition or similar permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the WMP compliance official has approved the WMP. Approval shall not be required, however, when the Town determines an emergency demolition is required to protect public health or safety. A WMP shall receive initial approval only when the WMP compliance official determines that the following conditions have been met:

1. The WMP provides all of the information requested in Section 1 of the form; and

2. The WMP indicates how sixty five percent (65%) or more of all C&D waste generated by the project will be diverted.

If the WMP compliance official determines that these two conditions have been met, the WMP shall be marked as "Approved" and a copy returned to the applicant.

c. Review - "Further Explanation Required". If the WMP compliance official determines that the WMP does not comply with this section, the official shall return the WMP to the applicant marked "Further Explanation Required."

(Ord. 2009-05, § 1; Ord. 2016-07, § 1)

a. Documentation. Prior to the completion of any covered project, the applicant shall submit documentation that clearly demonstrates that the project has met the diversion requirement established by this section. This documentation shall include the following:

1. A copy of the previously approved project WMP with the addition of recyclable and/or reusable C&D and refuse waste volume or weight data entered in Section II of the form;

2. Receipts, tickets, or any other documentation from certified C&D recovery facilities that documents disposal for each C&D debris material type by weight or volume and clearly indicates whether each material was landfilled or recycled; and

3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this section.

b. Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or to other considerations as determined by the official, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the Town for this purpose.

c. Determination of compliance. The WMP compliance official shall consider the information submitted pursuant to subsections 10-10.6(c) and 10-10.8(a) in order to determine whether the applicant has complied with the diversion requirement as follows;

1. Full compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement of this section, such compliance shall be indicated on the WMP.

2. Good faith effort to comply. If the diversion requirement has not been achieved, the WMP compliance official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project and the documented efforts of the applicant to divert the C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this section, such determination shall be indicated on the WMP.

d. Noncompliance. If the WMP compliance official determines that the applicant has not fully complied nor made a good faith effort to comply with the diversion requirement pursuant to subsection c. above, the Town shall withhold final project approvalfor all permits associated with the WMP. Final project approval may be granted once the applicant provides satisfactory proof of compliance, good faith efforts or payment of the civil penalty provided for below.

t the applicant has not fully complied nor made a good faith effort to comply with the diversion requirement pursuant to subsection c. above, the Town shall withhold final project approvalfor all permits associated with the WMP. Final project approval may be granted once the applicant provides satisfactory proof of compliance, good faith efforts or payment of the civil penalty provided for below.

In addition, to withholding project approval and other remedies provided for in this Code, the Town may impose a civil penalty on the applicant equal to one percent (1%) of the total cost of the project, up to a maximum of one thousand dollars ($1,000). The Town may petition the appropriate court to impose, assess, and recover these civil penalties.

(Ord. 2009-05, § 1; Ord. 2010-07, § 1)

a. Application. An applicant for a covered project may apply for an infeasibility exemption from the diversion requirement at the time that the WMP is submitted as required under subsection 10-10.7. The request for exemption must set forth the unique circumstances making compliance infeasible. The applicant shall indicate on the WMP the minimum rate of diversion that is feasible for each material and the specific circumstances that makes it infeasible to comply with the diversion requirement. Increased costs to the applicant generally will not be sufficient basis for an exemption unless such costs are extraordinary.

b. Meeting with the official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The WMP compliance official may request staff from the CCCSWA to attend this meeting or may require the applicant to request a separate meeting with CCCSWA staff. Based on the information supplied by the applicant and, if applicable, CCCSWA staff, the WMP compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.

c. Granting of exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the WMP compliance official shall determine the minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked "Approved for Infeasibility Exemption."

d. Denial of exemption. If the WMP compliance official determines that it is feasible for the applicant to meet the diversion requirement, the official shall so inform the applicant in writing and the applicant shall resubmit a WMP form in compliance with Section 10-10.7.

(Ord. 2009-05, § 1)

Appeal of a determination made under this section shall be made pursuant to Section 1-8 of this Code and shall be limited to:

• a. The granting or denial of an exemption; or

• b. Whether the applicant has made a good faith effort to comply with the WMP.

• (Ord. 2009-05, § 1)

The Town may establish a fee to cover the costs of administering the provisions of this section as part of the Town's Master Fee Schedule.

(Ord. 2009-05, § 1)

The Town supports green building construction projects. Recognizing that waste reuse and diversion is an important

component of green building rating, the WMP and supporting recycling disposal data can be used to satisfy Build It Green "GreenPoint" and Leadership in Energy and Environmental Design (LEED) Green Building Rating System requirements for construction waste diversion. Contractors and/or property owners should check with their GreenPoint or LEED system rater to confirm that the requirements of this section will satisfy waste diversion requirements for the project covered by this application. GreenPoint or LEED Green Building Rating System certification will not excuse a project from the requirement to comply with this section.

(Ord. 2009-05, § 1)