Chapter 14.42 — CONSTRUCTION AND DEMOLITION DEBRIS

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

"Act" means the California Waste Management Act of 1989, Public Resources Code Section 40000 et seq.

"Alternative daily cover (ADC)" means disposal facility cover material, other than organic waste and at least six inches of earthen material, placed on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odor, blowing litter and scavenging, as defined in Section 20164 of the California Code of Regulations.

"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 of Mill Valley.

"Avoided disposal fee" means three percent of the value of the project, not to exceed $10,000.00.

"Building Official" means the designated staff person(s) authorized and responsible for implementing this chapter.

"Certified recycling facility" means a recycling, composting, materials recovery or reuse facility determined to process incoming C&D materials to divert from landfill or transformation for which the certifying agency has issued certification.

"Construction" means the building of any facility, structure, pavement or building or any portion there-of, including any tenant improvements to an existing facility or structure.

"Construction and demolition debris" means used or discarded materials resulting from construction, remodeling, repair, or demolition operations on any facility, structure, pavement or building that are removed from the premises.

"Construction and demolition waste management plan" (WMP) means a completed WMP form submitted by the applicant for any covered project and approved by the Building Department for the purpose of compliance with this chapter, as more particularly set forth in Section 14.42.020.

"Conversion rate" means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

"Covered project" shall have the meaning set forth in Section 14.42.030 of this chapter.

"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.

"Diversion" or "divert" means a reduction of the amount of waste being disposed in a landfill or transformation facility by any of the following methods:

1. Use of new construction methods, as described in regulations prompted by the Building Official, that reduce the amount of waste generated. 2. On-site re-use of the waste. 3. Delivery of the waste from the site to a certified recycling facility described in Section 14.42.050.

   4. Other methods as approved in regulations prompted by the Building Official.

   "Exempted project" shall have the meaning set forth in Section 14.42.040 of this chapter.

   "Joint powers authority" or "JPA" means Marin County Hazardous and Solid Waste Management Joint Powers Authority.

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

   "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.

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

   "Reuse" means further or repeated use of construction and demolition debris.

   "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. (Ord. 1253 § 1, March 19, 2012)

Except as otherwise specified in this chapter, each applicant who obtains a building permit shall submit a construction and demolition WMP to the Building Department prior to final inspection of the project. Prior to obtaining any final inspection or grant of occupancy from the Building Department, the applicant shall pay an avoided disposal regulatory fee if the Building Official determines that the applicant has not satisfied the diversion requirements of this chapter. (Ord. 1253 § 1, March 19, 2012)

A. A construction and demolition WMP shall not be required for the following:

1. Deconstruction projects.

2. Projects that are under 500 square feet in area.

3. Roofing, drywall, and window replacement projects.

4. Projects not subject to a building permit.

5. Work for which only a plumbing permit, electrical permit, or a mechanical permit is
required.

6. Seismic tie-down projects.

7. The installation of replacement of shelves.

8. Installation of pre-fabricated patio enclosures and covers where no foundation or
other structural building modifications are required.

9. Installation of swimming pools and spas, provided that the exemption shall apply only
to the area to be excavated for the installation of the pool or spa and the area for the
pad for the pool/spa equipment that does not exceed 16 square feet; and shall not
apply to any related construction or alterations necessary for any other equipment or
accessories, nor to any other portion of the project.

10. Installation of pre-fabricated accessories such as signs or antennas where no structural
building modifications are required.

B. It is unlawful to split or separate a project into small work projects for the purpose of
evading the requirements of this section.
(Ord. 1253 § 1, March 19, 2012)

A. The JPA may certify a facility as a certified construction and demolition recovery if the owner or operator of the facility has submitted the following documentation satisfactory to the JPA:

1. The facility has obtained all applicable federal, state, and local permits, and is in full
compliance with all applicable regulations; and

2. The percentage of incoming waste from construction, demolition, and alteration
activities that is diverted from landfill disposal, transformation and use as ADC meets
the minimum diversion requirement as established in Section 14.42.050.

B. The City shall make available to each building permit applicant a current list of certified
construction and demolition recovery facilities.
(Ord. 1253 § 1, March 19, 2012)

Diversion requirements for an applicable project and for a certified construction and demolition recovery facility shall be a minimum of 70% on or after the effective date of the amendments to this chapter, and shall increase to 80% by December 31, 2012, to 85% by December 31, 2015, to 90% by December 31, 2018 and to 94% by December 31, 2025. (Ord. 1253 § 1, March 19, 2012)

A. Approval. The Building Official may withhold issuance of temporary or final occupancy for any covered project until the Building Official has approved the construction and demolition WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The Building Official shall only approve the construction and demolition WMP if it indicates that it meets the diversion requirements in Section 14.42.050, or is deemed exempt per Section 14.42.030.

B. Non-Approval. If the Building Official determines that the construction and demolition
WMP is incomplete or fails to indicate that the diversion requirement was achieved, the
applicant shall pay the avoided disposal regulatory fee.
(Ord. 1253 § 1, March 19, 2012)

Moneys received by the City as avoided disposal fees shall be used only for:

A. Costs of administration of the program established by this chapter;

B. Cost of program whose purpose is to divert the waste from construction, demolition, and
alteration projects from landfill disposal, transformation and use as ADC; and

C. Costs of programs whose purpose is to develop or improve the infrastructure needed to
divert the waste from construction, demolition and alteration projects from disposal to
landfill, transformation facility or use as ADC.
(Ord. 1253 § 1, March 19, 2012)