Nevada County Municipal Code Ch. 10 Diversion of Construction and Demolition Materials

For the purposes of this Chapter, the following definitions apply:

A. Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, contractor, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the County for applicable permits to undertake any construction, demolition, or renovation project within the unincorporated area of the County of Nevada.

B. Contractor means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures within the unincorporated area of the County of Nevada.

C. Construction means all building, remodeling, addition, removal or destruction.

D. Construction and Demolition Materials includes:

1. Discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, wood, concrete, asphalt, masonry, metals, cardboard, roofing, gypsum drywall, and inerts (rock, soil, and fines) from the construction, renovation, remodel or destruction of a commercial, agricultural or residential structure.

2. Small amounts of other non-hazardous wastes that are generated at construction or demolition projects.

E. 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.

F. Department means the Department of Public Works for the County of Nevada.

G. Divertible Materials includes:

1. Masonry building materials generally used in construction including, but not limited to, rock, stone, tile, mortar, and brick.

2. Wood materials including dimensional lumber, cabinetry, fencing, form wood, scrap wood, plywood, and engineered lumber. Painted and stained wood materials are currently divertible.

3. Concrete materials including foundations, pier posts, blocks, and other structural concrete materials.

4. Metals including all metal scraps such as, but not limited to, pipes, siding, window frames, doorframes, and fences.

5. Roofing materials including wood shingles, asphalt composition shingles, tiles, and metal roofing.

6. Inerts including rocks, soil, and fines that are not contaminated by controlled or hazardous materials.

7. Cardboard including boxes, flats, cartons, and containers.

H. Divert means to prevent material from being disposed in a landfill, through eventual recycling or reuse.

I. Project means any activity involving construction, demolition or renovation, and which requires issuance of a permit from the County of Nevada.

J. Recycling means the material will be processed and made into new products or materials.

K. Renovation means any change, addition, or modification to an existing structure.

L. Reuse means the material will be used again in its original form.

M. Structure means anything constructed or erected.

(Ord. 2526. (06/13/2023))

A. Covered Projects. All construction, demolition, and renovation projects within the unincorporated area of the County for which a building or demolition permit is required shall comply with this Chapter if a project exceeds six hundred (600) square feet or if such project's cost estimates are greater than fifty thousand dollars ($50,000.00). If a project exceeds either threshold value, it shall be considered covered by this Chapter. For the purposes of determining whether a project meets the foregoing threshold, all phases of a project and all related projects taking place on a single or adjoining parcel(s) shall be deemed a single project.

B. Non-Covered Projects. Construction, demolition, and renovation projects within the unincorporated area of the County that do not meet the established thresholds for "Covered Projects." Non-Covered Projects will still be encouraged to divert as much material as possible.

C. County-Sponsored Projects. All County-sponsored construction, demolition, and renovation projects shall comply with the same threshold values as non-government projects.

(Ord. 2526. (06/13/2023))

A. Applicants shall sign a Statement of Intent, as stated on the Nevada County Building Permit Application form, agreeing to use the Construction and Demolition Materials Recycling Facility at the McCourtney Road Transfer Station (MRTS), Construction Materials Recovery Facility sort line at the Eastern Regional Landfill in Truckee Region, use Construction and Demolition materials recycling services provided by franchise waste hauler agreement, or another Construction and Demolition recycling facility.

B. Materials that cannot immediately be salvaged or reused shall be transported by the contractor or by County-designated franchise waste hauler to the MRTS, where it will be deposited at the Construction and Demolition Area separate from the Solid Waste Area. Materials dropped at the MRTS Construction and Demolition Area will be further sorted and/or processed to achieve the maximum diversion that is feasible. Applicants from eastern Nevada County (Truckee region) may transport construction and demolition materials to the Eastern Regional Landfill Construction and Demolition Materials Recovery Facility outside of Truckee.

C. Although it may not be an explicit condition of the building or demolition permit, contractors or property owners working on non-covered projects are encouraged to divert material from construction and demolition projects to the maximum extent feasible.

D. All applicants are encouraged to contact their waste service provider or the Department for suggestions about how to minimize disposal costs and maximize diversion. Applicants shall be familiar with other requirements governing the disposal of solid waste in California, including identification of materials that are prohibited from disposal in landfills.

(Ord. 2526. (06/13/2023))

A. If an applicant for a covered project experiences unique circumstances that the applicant believes makes it infeasible to comply with established diversion requirements, the applicant may request, in writing, an exemption from one (1) or all of the waste diversion requirements during the building or demolition permit process.

B. The Department of Public Works shall review all exemption request information supplied by the applicant and may meet with the Applicant to assess alternative ways of meeting waste diversion requirements. Based on the information supplied by the applicant, the Department of Public Works shall determine whether it is possible for the applicant to meet any or all of the diversion requirements of the project.

C. If it is determined that it is not feasible for the applicant to meet all of the diversion requirements specified herein, the Department of Public Works shall determine alternative requirements and will inform the applicant, in writing, of any such alternative requirements.

(Ord. 2526. (06/13/2023))

The Department may review the information submitted by applicant and determine whether the applicant has fully complied, made a good faith effort, or failed to comply with the diversion requirement. The Department's determination regarding compliance may be provided to the owner in writing.

A. Full compliance means the applicant fully complied with the requirements of this Chapter.

B. Good faith effort compliance means the applicant did not fully comply with the requirements of this Section but has made a good faith effort to comply. In making this determination, the Department shall consider the availability of markets for the specific construction and demolition materials disposed, the documented efforts of the applicant to comply with this Chapter, and other relevant factors.

C. Failed to comply means the applicant did not fully comply with the requirements of this Chapter and did not make a good faith effort to comply. An applicant's failure to comply may be considered an infraction, and upon conviction thereof there may be a potential maximum fine of one hundred dollars ($100.00) imposed (see Cal. Gov't Code § 25132).

(Ord. 2526. (06/13/2023))