Lafayette Municipal Code Ch. 5-6 Construction and Demolition Debris Recycling

Footnotes:

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Editor's note— Ord. No. 617, § 2, adopted May 13, 2013, repealed Ch. 5-6, §§ 5-601—5-609, in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, Ch. 5-6, pertained to similar subject matter. See Ordinance and Disposition Table for derivation.

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

(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 or approvals to undertake construction, demolition or renovation projects within the City.

(b) "Certified C&D Recovery Facility" means any facility certified by the Contra Costa County Solid Waste Authority (CCCSWA), or the city to recover at least 50 percent or more of recyclable materials from C&D debris disposal and provide a receipt or other equivalent documenting this disposal and recovery.

(c) "Construction" means 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") 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, residential or commercial building or other structure.

(e) "Covered project" means projects as defined in Section 5-603.

(f) "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

(g) "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.

(h) "Divert" means to use material for any lawful purpose other than disposal in a landfill.

(i) "Disposal Facility" means any facility permitted to receive solid waste, recyclable, or reusable waste materials.

(j) "Diversion requirement" means redirection from the waste stream of at least 50 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 pursuant to Section 5-608, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.

(k) "Project" means any activity, which requires an application for a building, grading or demolition permit, or any similar permit from the City.

(l) "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.

(m) "Renovation" means any change, addition or modification in an existing structure.

(n) "Reuse" means further or repeated use of materials in their original form.

(o) "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.

(p) "Tenant improvements" means a project involving structural or other modifications to an existing developed property resulting in the generation of C&D debris.

(q) "Total costs" means the total construction value of the project using standard commercial and residential valuation formulas.

(r) "Waste management plan" ("WMP") means a completed WMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered project. The WMP shall identify C&D debris materials that will be generated for disposal and recycling and shall contain actual material weight or volume and disposal and recycling receipts.

(s) "WMP compliance official" ("official") means the designated City employee(s) authorized and responsible for implementing this chapter.

(Ord. No. 617, § 2, 5-13-2013)

All covered projects requiring a building or demolition permit shall divert at least 50 percent or more of C&D debris for purposes of reuse or recycling. Effective January 1, 2015, the diversion rate shall increase to 60 percent or more. Effective January 1, 2020, the diversion rate shall increase to 75 percent or more.

(Ord. No. 617, § 2, 5-13-2013)

(a) Covered projects. All non-city construction, demolition and renovation projects within the City, the total costs of which are, or are projected to be, greater than or equal to $50,000.00, or which involve the construction or renovation of 1,000 square feet or more shall be considered covered projects and shall comply with this Chapter. 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 official, shall be deemed a single project.

(b) Public projects. All construction, demolition and renovation projects undertaken by the City whose total costs are equal to or greater than $50,000.00, or which involve the construction or renovation of 1,000 square feet or more shall be considered covered projects for the purposes of this chapter. A WPM shall be submitted to the official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

(c) Demolition-only projects. All demolition-only projects, including any City projects, within the city which are, or are projected to be, greater than or equal to 300 square feet shall be considered covered projects and shall comply with this Chapter.

(d) Building, grading and demolition permits. No building, grading or demolition permit shall be issued for a covered project, unless and until the 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 or demolition permit issued for a covered project.

(Ord. No. 617, § 2, 5-13-2013)

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 disposal facility or landfill.

(Ord. No. 617, § 2, 5-13-2013)

(a) C&D debris must be taken to a certified C&D recovery facility by all covered projects.

(b) In order to establish compliance for all covered projects, the applicant must submit all disposal documentation from certified 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 city shall make available to each applicant a current list of certified C&D recovery facilities.

(Ord. No. 617, § 2, 5-13-2013)

(a) WMP form. Applicants for any covered projects shall complete and submit a WMP on a form approved by the city for this purpose as part of the application submittal requirements for a building, grading or demolition permit. The completed WMP shall include all of the following:

(1) A list of the C&D debris material types to be generated; and

(2) An acknowledgement of responsibility that the applicant and/or property owner understands the consequences of not meeting the 50 percent diversion requirement and that the applicant and/or property owner is responsible for the actions of their contractors or other agents with regard to the diversion requirement. Both the property owner and contractor shall acknowledge this responsibility and indicate so by their signatures on the WMP.

(b) Initial review of WMP at permit issuance. Notwithstanding any other provision of the Lafayette Municipal Code, no building, grading or demolition 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 official has made an initial review and approval of the WMP. Approval shall not be required, however, when the city determines an emergency demolition is required to protect public health or safety. A WMP shall receive initial approval only when the official determines that the following conditions have been met:

(1) The WMP provides all of the information set forth in subsection 5-606A; and

(2) The WMP indicates how 50 percent or more of all C&D debris generated by the project will be diverted.

If the official determines that these two conditions have been met, the WMP shall be marked as "Approved" and a copy of the WMP returned to the applicant. If the official determines that these two conditions have not been met, the WMP shall be marked "Further Explanation Required" and returned to the applicant.

(Ord. No. 617, § 2, 5-13-2013)

(a) Documentation. Within 30 days after 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 Chapter. This documentation shall include the following:

(1) A copy of the previously approved WMP for the project with the addition of recyclable and/or reusable C&D and refuse waste volume or weight generated by the project;

(2) Receipts, tickets or any other documentation from certified C&D recovery facilities or other disposal 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 Chapter.

(b) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are 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 City for this purpose.

(c) Determination of compliance. The official shall review the information submitted pursuant to subsection 5-607A and determine whether the applicant has complied with the diversion requirement as follows:

(1) Full compliance. If the official determines that the applicant has fully complied with the diversion requirement applicable to the project, such compliance shall be indicated on the WMP.

(2) Good effort to comply. If the diversion requirement has not been achieved, the official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the Chapter. In making this determination, the 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 official determines that the applicant has made a good faith effort to comply with this Chapter, such determination shall be indicated on the WMP.

(3) Noncompliance. If the official determines that the applicant has not fully complied with the diversion requirement of this Chapter, the official may withhold final project approval until full compliance can be established. If the official determines that the applicant has fully failed to comply with the diversion requirements of this Chapter, then a fine of $1,000.00 or one percent of project cost, whichever is lesser, will be levied against the WMP property owner.

(Ord. No. 617, § 2, 5-13-2013)

(a) Application. If an applicant for a covered project experiences unique circumstances that the applicant believes makes it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the WMP is submitted as required under Section 5-606(a) 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 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 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 official shall determine whether it is possible for the applicant to meet the diversion requirement.

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

(d) Denial of exemption. If the official determines that it is possible for the applicant to meet the diversion requirement, the official shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in compliance with Section 5-606(a) If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with subsection 5-606B, the official shall return the WMP to the applicant marked "Further Explanation Required."

(Ord. No. 617, § 2, 5-13-2013)

Appeal of a determination made under this chapter, except the imposition of fines under Section 5-607, shall be made to the City Council pursuant to Section 1-214 of the Lafayette Municipal Code and shall be limited to 1) the granting or denial of an exemption or 2) whether the applicant has made a good faith effort to comply with the WMP.

(Ord. No. 617, § 2, 5-13-2013)

As a condition precedent to the issuance of any permit for a covered project requiring proof diversion, the applicant shall pay the City a fee as established by resolution of the City Council.

(Ord. No. 617, § 2, 5-13-2013)

The City 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 Green Point or LEED system rater to confirm that the requirements of this Chapter 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 Chapter.

(Ord. No. 617, § 2, 5-13-2013)

Violation of any provision of this Chapter may be enforced through remedies pursuant to the Lafayette Municipal Code, including Chapters 1-3 and 1-9 or otherwise permitted in this Chapter or by applicable law.

(Ord. No. 617, § 2, 5-13-2013)