Chapter 15.84

RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION (C&D) WASTE

The council of the city finds as follows:

• A. Under California law as codified in the California Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), the City of Oroville is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to the amount outlined in the Master Fee Schedule per day;

• B. In order to meet these goals it is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills;

• C. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City of Oroville, and much of this waste is particularly suitable for recycling and reuse;

• D. The city's commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste; and

• E. Certain types of projects are exempt from these requirements. (Ord. 1721 § 1)

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

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, city, industry, public or private corporation, or any other entity whatsoever who applies to the city for any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

"City" means the City of Oroville, California.

"Completion" means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date the final city inspection approving the project is completed.

"Construction" means the building or enlargement of any structure, or any portion thereof, and includes without limitation alterations or improvements to an existing structure.

"Construction and demolition debris" means the excess or discarded materials, which are removed from a site during or after the construction or demolition of any structure, fence, wall, or paving.

"Conversion rate" means the rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, approved by the California Integrated Waste Management Board.

"Covered project" means any project meeting the thresholds referenced in Section 15.84.030.

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City of Oroville, CA

OROVILLE CODE

§ 15.84.020

§ 15.84.040

"Deconstruct" and "deconstruction" mean the careful and systematic dismantling of a structure in order to salvage materials for diversion.

"Demolition" means the razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.

"Diversion requirement" means the submittal of a minimum of 100% of the total construction and demolition debris generated by a project, or the lower percentage requirement granted by exception pursuant to Section 15.84.060.

"Divert" and "diversion" mean the reuse of construction and demolition debris to avoid disposal in a landfill.

"Permit" means any building or demolition permit.

"Project" means any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that requires a permit from the City of Oroville.

"Recycling" and "reuse" mean the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill for use as raw material for, new, reused, or reconstituted products which meet industry standards.

"Structure" means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.

"Waste management plan" means an application packet approved by the director of public works for the purpose of reviewing project compliance of this chapter.

"Waste management plan compliance official" means the director of the public works department or staff designated by the director of public works. (Ord. 1721 § 1)

• A. Unless otherwise exempt under this chapter, projects by the city or by any applicant meeting the following thresholds shall be considered covered projects, shall meet the diversion requirement, and shall comply with all provisions of this chapter:

  1. Residential additions of 100 square feet or more of gross floor area;

  2. Tenant improvements of 500 square feet or more of gross floor area;

  3. New structures of 500 square feet or more of gross floor area;

  4. Demolition of 100 square feet or more of gross floor area; and

  5. All city public works and city public construction projects, which are awarded pursuant to the competitive bidding procedure.

• B. Compliance with the provisions of this chapter shall be listed as a condition of approval on all building or demolition permits issued for a covered project.

• (Ord. 1721 § 1)

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City of Oroville, CA

UNIFORM CODES, BUILDINGS, AND

§ 15.84.040

§ 15.84.070

The applicant for a covered project shall pay a fee as a supplement to the building permit fees as adopted by a resolution of the council.

(Ord. 1721 § 1)

The applicant for a covered project shall submit for processing a minimum of 100% of the construction and demolition debris resulting from the project. All construction and demolition debris shall be handled by the city's authorized waste hauling entity. (Ord. 1721 § 1)

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

• A. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by any public safety official or code compliance officer of the city given prior to demolition.

• B. Projects in any single-family residential district which consists solely of either an accessory structure or a swimming pool.

• C. A project for which an exception, conditional use permit or design review approval has been obtained from the city prior to the effective date of the ordinance codified in this chapter.

• D. A project for which a valid building permit has been lawfully issued by the city prior to the effective date of the ordinance codified in this chapter.

• E. A project of city public works or city public construction for which the notice inviting bids has been published prior to the effective date of the ordinance codified in this chapter.

• (Ord. 1721 § 1)

• A. Requirements. All applicants for covered projects shall complete and submit a waste management plan (WMP) as part of the application packet for a permit issued for a covered project. The WMP shall include the following information, calculated with the conversion rate, and shall be attested by the applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project, where all of the facts cannot be ascertained:

  1. The estimated volume or weight of construction and demolition debris, listed for each material;

  2. The estimated volume or weight of construction and demolition debris that can be diverted listed for each material;

  3. The estimated volume or weight of construction and demolition debris that will be landfilled as solid waste;

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City of Oroville, CA

OROVILLE CODE

§ 15.84.070

§ 15.84.070

4. The identification of the vendor or facility that will collect or receive the construction or demolition debris or that will deconstruct the structure; and

5. The estimated date on which demolition or construction is to commence.

• B. Review.

  1. Time for Review. A WMP shall be approved or denied no later than 15 business days after a complete application is made. The approval may be based on imposed conditions reasonably necessary to meet the standards of this chapter.

  2. Approval. Notwithstanding any other provision of this chapter, no permit shall be issued for any covered project unless and until the WMP has been approved, based upon the following findings by the WMP compliance official.

     • a. All of the information required by this chapter has been provided;

     • b. The plan establishes a mechanism such that the diversion requirement shall be met; and

     • c. Denial. If the WMP compliance official denies the WMP, the grounds for denial shall be clearly stated, in writing.

• C. Compliance Reporting. Final report shall be submitted no later than 30 days from the completion of a covered project. Applicant shall submit a compliance reporting form, under penalty of perjury, to the waste management compliance official. The form shall include the following information:

  1. The dates demolition and construction actually commenced;

  2. The actual volume or weight of construction and demolition debris, listed for each material;

  3. The actual volume or weight of construction and demolition debris that was diverted listed for each material;

  4. A specification of the method used to determine the volume and weights and a certification that the method used was the most accurate, commercially reasonable method available; and

  5. Original receipts from all vendors and facilities, which collected or received construction and demolition debris, indicating actual weights and volumes received by each.

• D. Compliance Exception. Prior to commencing demolition or construction, an applicant wishing relief from the requirements of this chapter may seek an exception, partial or complete, from the requirements of this chapter through the following process:

  1. Initiation. This exception process shall be initiated by the filing of a complete exception application with the WMP compliance official. The WMP compliance official shall determine the completeness of the exception application within 5 business days of the filing of the application.

  2. Definition on Application. Following consideration of the exception application, the

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City of Oroville, CA

UNIFORM CODES, BUILDINGS, AND

§ 15.84.070

§ 15.84.110

WMP compliance official shall either make the required findings and take action on the application or state why the findings cannot be made and deny the application. A decision on the application shall be rendered within 10 business days following determination the application is complete.

3. Findings. All of the following findings shall be made based on substantial evidence prior to the approval of an exception:

   • a. There are exceptional or extraordinary circumstances or conditions applicable to the project that does not apply generally to similar projects;

   • b. Granting the application will not constitute a grant of special privilege inconsistent with limitations imposed on like projects; and

   • c. Cost to the applicant of strict compliance with this chapter is not the primary reason for granting the exception.

• (Ord. 1721 § 1)

Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to approving or to denying a WMP or to granting or denying an application for an exception from compliance with this chapter, may appeal such decision or finding. An appeal must be filed within 3 days after receipt of notice of any protested decision or finding by filing with the director of public works a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 10 days after receipt of the letter of appeal. Appellant shall be given at least 5 days' notice of the time and place of the hearing. A hearing officer, appointed by the city administrator, shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination. (Ord. 1721 § 1)

It is unlawful and a violation of this chapter to do any of the following:

• A. Willfully fail to comply with any provision of this chapter.

• B. Provide false or misleading information in any plan, report or document required in this chapter.

• C. Fail to meet the diversion requirement for any covered project. (Ord. 1721 § 1)

A violation of any provision of this chapter shall be prosecuted as an infraction and as further set forth in Section 15.84.110 with respect to penalties and administrative proceedings. (Ord. 1721 § 1)

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City of Oroville, CA § 15.84.110

OROVILLE CODE

§ 15.84.140

• A. Infractions. Any person who violates Section 15.84.090(C), or any other provision of this chapter, is guilty of an infraction and shall be punished by a fine of the amount outlined in the Master Fee Schedule. Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation is committed or permitted. For violations of Section 15.84.090(C), the violation shall be considered to commence on the date when demolition or construction first commenced. This date is presumed to begin on the commencement date provided by the applicant in the WMP.

• B. In addition to the penalty provision of subsection A of this section, violations of this chapter may be subject to fines, including, but not limited to, civil penalties, administrative fees, and other related charges as established by resolution of the council.

• C. Remedies not Exclusive. To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

• (Ord. 1721 § 1)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the fact one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. To this end the provisions of this chapter are declared to be severable. (Ord. 1721 § 1)

Persons applying for a permit from the city for new construction and building additions and alternations shall also comply with the requirements of Section 13.08.340 (Compliance with CALGreen Recycling Requirements) found in Article 3 (Solid Waste, Recycling, and Organic Waste Disposal Reduction) of Chapter 13.08 (Garbage, Rubbish and Weeds) of Title 13 (Public Services).

(Ord. 1861 § 4, 2021)

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multifamily, public, institutional, or commercial project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet shall comply with the requirements of Section 13.08.350 (Model Water Efficient Landscape Ordinance Requirements) found in Article 3 (Solid Waste, Recycling, and Organic Waste Disposal Reduction) of Chapter 13.08 (Garbage, Rubbish and Weeds) of Title 13 (Public Services).

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City of Oroville, CA

UNIFORM CODES, BUILDINGS, AND

§ 15.84.140

§ 15.84.140

(Ord. 1861 § 4, 2021)

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City of Oroville, CA

UNIFORM CODES, BUILDINGS, AND

§ 15.88.010

§ 15.88.030