Gilroy Municipal Code Art. V Construction and Demolition Debris Diversion Program

(1)

“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 city for the applicable permits to undertake construction, demolition, or renovation project within the city.

(2)

“Construction”

means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

(3)

“Demolition”

means 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.

(4)

“Construction and demolition debris” or “C&D debris”

means 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, house, commercial building, or other structure.

(5)

“Construction and demolition debris materials check-off list”

means a report, prepared in a form approved by the WMP compliance official, submitted as required by subsection (c) of this section, which identifies all construction and demolition debris expected to be generated as a result of any covered project.

(6)

“Construction and demolition debris recycling report”

means a report, prepared in a form approved by the WMP compliance official, which identifies the amounts of all construction and demolition debris generated by the project, and the amounts recycled or diverted. Copies of supporting documentation may be required and included as a part of the construction and demolition debris recycling report.

(7)

“Covered project”

shall have the meaning set forth in section 12.64 of this article.

(8)

“Divert”

means to use material for any purpose other than disposal in a landfill or transformation facility.

(9)

“Diversion requirement”

means the diversion of a percentage in compliance with state law, as recommended from time to time by the WMP compliance official and approved by resolution of the city council, of the total construction and demolition debris generated by a project via reuse or recycling.

(10)

“Project”

means any activity, which requires an application for a building or demolition permit, or any similar permit from the city.

(11)

“Recycling”

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

(12)

“Renovation”

means any change, addition, or modification in an existing structure.

(13)

“Reuse”

means further or repeated use of construction or demolition debris.

(14)

“Salvage”

means 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.

(15)

“WMP compliance official”

means the Environmental Programs Coordinator or his or her designee.

(16)

“Noncovered project”

shall have the meaning set forth in section 12.71 of this article.

(Ord. No. 2007-20, § 1, 10-15-2007)

All construction, demolition, and on-site improvements such as walkways, piping, parking lots, other adjoining hardscape, and renovation projects within the city, which involve the construction, demolition or renovation of five thousand (5,000) square feet or more (“covered projects”), shall comply with this article. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, shall be deemed a single project.

(Ord. No. 2007-20, § 1, 10-15-2007)

No building, demolition or site development permit shall be issued for a covered project unless and until the applicant has submitted a construction and demolition debris materials check-off list, identifying all waste materials expected to be generated as a result of the project.

(Ord. No. 2007-20, § 1, 10-15-2007)

Applicants for any covered project are required to recycle or divert at least fifty (50) percent of materials generated for discards by the project.

(Ord. No. 2007-20, § 1, 10-15-2007)

Prior to the issuance of a certificate of occupancy or a conditional certificate of occupancy for any covered project, the applicant shall submit to the WMP compliance official a construction and demolition debris recycling report, demonstrating that it has met the diversion requirement for the project.

(Ord. No. 2007-20, § 1, 10-15-2007)

Any applicant that fails to meet the fifty (50) percent diversion mandate must pay a penalty. The penalty amount shall be equal to the project square footage, multiplied by the difference between fifty (50) percent and the actual project diversion percentage, multiplied by one dollar ($1.00) per square foot.

(Ord. No. 2007-20, § 1, 10-15-2007)

Any Applicant that fails to submit the Construction and Demolition Debris Recycling Report” within sixty (60) days following completion of the Project shall be charged a late fee, in an amount of ten (10) percent of the diversion penalty fee or one hundred dollars ($100.00) per month, whichever is greater. All fee schedules shall remain in force until superseded by subsequent fee schedules adopted by the city council.

(Ord. No. 2007-20, § 1, 10-15-2007)

The city, in its prosecutorial discretion, may enforce violation(s) of the provisions of this article as a criminal, civil, and/or administrative action pursuant to section 1.7 and Chapter 6A of the Gilroy City Code.

(Ord. No. 2007-20, § 1, 10-15-2007)

Applicants for construction, demolition or renovation projects within the City of Gilroy whose projects are five thousand (5,000) square feet or less, or publicly owned rights of way, utilities, and roadways are not required, but shall be encouraged, to divert at least fifty (50) percent of all projectrelated construction and demolition waste.

(Ord. No. 2007-20, § 1, 10-15-2007)

Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

(Ord. No. 2007-20, § 1, 10-15-2007)

To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion.

(Ord. No. 2007-20, § 1, 10-15-2007)