Huron Municipal Code Ch. 8.13 Construction and Demolition Waste Recycling

(a) "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 any construction, demolition, or renovation project within the City.

(b) "Collector" means the City's exclusive service provider under contract to collect, refuse, green waste, recyclables, and construction and demolition materials.

(c) "Construction" means the building, rehabilitation, remodeling, renovation or repair of any facility or structure or any portion thereof, including any tenant improvements to an existing facility or structure.

(d) "Construction and/or demolition debris" means discarded materials generally not considered water soluble, and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, wood and lumber from the construction or destruction of a structure as part of a construction, renovation, demolition or landscaping project, and including rocks, soils, tree remains, green waste and bulky waste that normally results from land clearing, landscaping and development operations for a construction and demolition project.

(e) "Covered project" shall have the meaning set forth in Section 8.13.020 of this Chapter.

(f) "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.

(g) "Divert", "diverted", or "diversion" means to use material for any purpose other than disposal in a landfill or transformation facility.

(h) "Diversion requirement" means the diversion of at least fifty (50) percent of the total construction and demolition debris generated by a project via reuse or recycling, unless applicant has been granted an exemption, in which case the diversion requirement shall be the maximum feasible diversion rate. Applicants must also comply with the 2010 California Green Building Standard Code.

(i) "Hazardous waste" means any solid or liquid waste that is defined under Section 40141 of the California Public Resources Code, as amended periodically.

(j) "Project" means any activity involving construction, demolition, or renovation in the city which requires issuance of a demolition permit, building permit or other similar permit from the City. Project also includes city public project construction, demolition or renovation.

(k) "Recycling program application" means a form that is approved by the City for the purpose of compliance with this chapter submitted by the applicant for any covered project.

(Ord. No. 363, § 1, 1-11-12)

(a) Covered Projects: All construction and renovation projects within the city in which the total permit valuation is greater or equal to one hundred thousand dollars ($100,000.00) shall comply within section. In addition, all demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project.

(b) City Covered Projects: All city construction and renovation projects which have estimated construction costs or contract price that is or is projected to be greater than or equal to one hundred thousand dollars ($100,000.00) and all city demolition projects, regardless of value, are covered projects and shall comply with the requirements of this chapter.

(Ord. No. 363, § 1, 1-11-12)

The following projects are exempt from the requirements of this chapter:

(1) Construction and renovation projects that do not meet the value thresholds or size for covered projects as set forth in subsections (a) and (b) above.

(2) Projects where only one of the following separate permits is required:

(a) Kitchen/bath remodel;

(b) Electrical, mechanical or plumbing;

(3) Projects that will generate only hazardous waste.

(Ord. No. 363, § 1, 1-11-12)

All applicants shall contract roll-off services through the City's exclusive hauler or shall self haul construction and demolition material to the City's exclusive hauler's transfer station.

(Ord. No. 363, § 1, 1-11-12)

Every applicant shall divert from the landfills or disposal sites a minimum of fifty (50) percent diversion requirement, measured by tonnage, of all construction and demolition debris generated as a result of any covered project. Applicants for newly constructed buildings must comply with the diversion requirements of the 2010 Green Building Standards Code.

(Ord. No. 363, § 1, 1-11-12)

(a) Applicants for a demolition, building or other similar permits for any covered project shall complete the following sections of the Construction and Demolition Recycling Program Application (RPA) and submit to the City Public Works and Planning Department prior to permit issuance.

1. Project location.

2. Contractor name.

3. Applicant name.

4. Mailing address.

5. Phone number.

6. Type of project.

7. Expected project start date.

8. Project address and lot #.

9. Signed and dated.

(b) Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall place the diversion rate percentage on the recycling program application and submit to the city's planning department. The diversion rate percentage should be provided by the collector/city's exclusive hauler at the end of the project.

(c) Once the RPA form is complete the city planning department will review and determine if applicant has met the following conditions:

1. The RPA form provides all information required.

2. The RPA indicates that at least fifty (50) percent of remaining C&D debris generated by the project was diverted from a landfill.

(Ord. No. 363, § 1, 1-11-12)

(a) Each RPA form will require an application fee. This cost is the cost for staff time and materials to review and process documentation related to the administration of this chapter.

(b) The administrative cost-recovery fee shall be set by resolution as approved by city council.

(Ord. No. 363, § 1, 1-11-12)

As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a performance security (cash, letter of credit, performance or surety bond, money order) in the amount of one dollar ($1.00) for each estimated square foot, but not less than fifty dollars ($50.00). The performance security shall be returned, without interest, in total or pro-rated, upon proof of satisfaction of the RPA by the City's planning department that no less than the required percentage of the construction and demolition material tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition material tonnage than required is diverted, a proportionate share of the performance security deposit shall be returned. The performance security shall be forfeited entirely or the pro-rated extent that there is a failure to comply with the requirements of this chapter. The City may, by formal resolution, modify the amount of the required performance security.

(Ord. No. 363, § 1, 1-11-12)

The applicant or any interested person may appeal to the city manager any decision of the city's public works and planning department. Notice of any appeal from the decision of city's public works and planning department must be filed with the city manager's office within ten calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language that particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the city's public works and planning department and such decision(s) shall be final; otherwise the decision of the city manager shall be final. The fee for any appeal authorized herein shall be set forth by city council resolution.

(Ord. No. 363, § 1, 1-11-12)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance [Ordinance No. 363] is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The city council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable.

(Ord. No. 363, § 1, 1-11-12)