Diamond Bar Municipal Code Div. 6 Construction and Demolition Waste

Every covered construction project shall divert at least 75 percent, measured by weight, of all construction/demolition waste generated by the covered construction project. Construction permittees working on exempt projects are encouraged to divert as much construction/demolition waste as practicable and to report the diversion back to the city.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) The diversion and reporting requirements of this division apply to construction, demolition or remodel projects of 1,000 square feet or more.

(b) The diversion and reporting requirements of this section shall not apply to the following exempt projects:

(1) Any construction, demolition or remodel project of less than 1,000 square feet; and

(2) Any construction, demolition or remodel project that does not require a building permit and does not generate construction/demolition waste; and

(3) Any project that requires emergency demolition in order to protect the public health or safety as determined by the manager prior to the issuance of a demolition permit; and

(4) City public works projects.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) No person or solid waste enterprise other than the city's exclusive franchise waste haulers shall remove construction/demolition waste within the city without first obtaining a contractor self-haul permit as provided in this division 6 ("hereafter, C&D permit").

(b) An application for a C&D permit shall include the following information:

(1) The type and amount of materials.

(2) The number of vehicles that the permittee utilizes and the types of containers that will be used to collect construction/demolition waste.

(3) The name, address and contact information for the construction and demolition recycling facilities and waste disposal facilities where the permittee will take diverted material and waste.

(4) Such other pertinent facts or information as the director may require.

(c) In order to be legally qualified to obtain a C&D permit the applicant shall:

(1) Be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the C&D permit;

(2) Have demonstrated ability to remove and transport the required construction/demolition waste to the appropriate recycling and waste disposal facilities; and

(3) Present evidence satisfactory to the director that the applicant, or a duly licensed construction company contracted with the applicant, will be performing the hauling work with its own equipment and will not contract with another entity or person to perform the service.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a covered project, every construction permittee shall post a deposit, in the amount of $50.00 for each estimated ton of construction/demolition waste, but not less than $250.00 and not to exceed $5,000.00. The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the director, that no less than 75 percent of construction/demolition waste has been diverted. If a lesser percentage is diverted, a proportionate share of the deposit will be returned in accordance with a formula established by the city manager. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this section. Construction permittees utilizing a city approved waste hauler are exempt from the 75 percent diversion requirement and shall receive a refund of the entire deposit amount upon showing proof of utilizing a city franchise hauler.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a covered project, the construction permittee shall submit to the public works director a properly completed "recycling and waste reduction application" on a form prescribed by the manager. The application shall contain an estimate of the weight of construction/demolition waste to be generated from the proposed covered project and identify the permitted construction/demolition hauler for the project. The city shall not issue a building or demolition permit until the public works director accepts the recycling and waste reduction application as complete and accurate.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

The director may revoke a C&D permit for failure to comply with any provisions of this division 6 or other applicable provision of this Code.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the director that can be converted to tonnage.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

(a) Within 30 calendar days following the completion of any covered construction project, the construction permittee shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the director establishing compliance with the requirements of this division. The documentation shall consist of a completed "recycling and waste reduction final compliance report" showing the weight of materials disposed and diverted, supported by evidence satisfactory to the director, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the director to verify the amount of construction or demolition waste generated from the site that has been diverted.

(b) If a project involves issuance of more than one permit, demolition, grading or building permit, the report and documentation for the demolition and/or grading permits shall be submitted to and approved by the director before issuance of a building permit.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

The director, or designee, shall monitor each covered construction project for compliance with this section.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

Only construction and demolition waste shall be placed in construction/demolition waste containers. The construction/demolition waste hauler shall be responsible for ensuring that solid waste from non-construction activities is not placed on the construction/demolition waste containers. If non-construction solid waste is being generated at a construction site, a solid waste container from the city's franchised hauler authorized to collect solid waste at the premises shall be placed on the property and used for collection.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)

The public works director shall have the authority to establish regulations for the implementation of this section, and when duly established, such regulations shall be in full force and effect.

(Ord. No. 04(2021), § II(Exh. A), 12-7-21)