Piedmont Municipal Code Div. 9.04 Construction and Demolition

A. Diversion Requirement. Owners and builders generating any construction and demolition debris on a project must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the 2016 California Green Building Standards Code, Title 24, Part 11, as adopted by sections 5.12 and 5.13 of the Piedmont City Code, any applicable state law requirements, and the requirements of this section.
B. Proper Processing Facilities. Mixed construction and demolition debris must be processed at processing facilities that are permitted to accept, process and/or dispose of construction and demolition debris under applicable law.

C. Inspection. The building official may audit, inspect, and monitor all projects to determine levels of actual diversion activities and validate the information provided by the applicant to determine compliance. The applicant shall retain the receipts or weight tickets for the quantities of materials reused, salvaged, recycled and landfilled for one year after the final inspection.

To ensure compliance with the diversion requirement in this division, each applicant shall submit a completed waste management plan in a manner and form determined by the building official prior to issuance of a city building permit. The building official shall approve the waste management plan only if it will meet the diversion requirements of this division. To further secure compliance, the building official may require an applicant to deposit a performance security in an amount not exceeding two percent of the anticipated total project cost. Such security may be provided in the form of a cash deposit, money order or alternate security approved by the city attorney. Compliance with this section is not required where the building official has determined that an emergency demolition is required to protect the public health and safety.

Before the final inspection, the applicant shall submit to the building official a waste diversion report showing the project has met the diversion requirement. This waste diversion report shall include all of the following:

A. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

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B. A copy of the waste management plan with the addition of the actual volume or weight of each material diverted and/or placed in a landfill;

C. Any additional information the applicant believes is relevant in determining efforts to comply in good faith with this division.

Applicants shall make reasonable efforts to ensure that all materials salvaged are measured and recorded using the most accurate method of measurement available. To the extent practical, salvaged materials shall either be weighed by measurement on scales in compliance with all regulatory requirements for accuracy and maintenance, or for salvaged material for which weighing is not practical due to small size or other considerations, 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. For salvaged materials or items that were donated or sold for reuse, an itemized list of such items specifying the weight, size and number of items shall be provided prior to the final building permit inspection, accompanied by receipts from the charitable organization or salvage operation receiving the items.

A. Building official determination. Prior to the final inspection approval, the building official shall review the information submitted by the project applicant pursuant to this division and determine whether the applicant has complied with the diversion requirement and the waste management plan.

1. Full compliance. If the building official determines that the applicant has fully complied with the diversion requirement, he or she shall cause the full performance security to be released to the applicant within 30 days of the applicant’s submission of the documentation required under section 9.04.030.

2. Good faith effort to comply. If the building official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the building official shall consider the availability of markets for the construction and demolition debris placed in a landfill, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the building official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall release the performance security, or a portion of it in proportion to the degree of compliance, to the applicant within 30 days of the applicant’s submission of the documentation required under section 9.04.030.

3. Noncompliance. If the building official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation, then, at the building official’s discretion, (a) the final inspection approval will not be issued, or (b) the performance security shall be forfeited to the city, or (c)

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both. Additionally, noncompliance may be subject to further penalty as set forth in division 9.10.

4. Use of forfeited security. Forfeited performance securities shall be deposited into a special account and used for the purposes of (a) payment of any fines which may be assessed against the city, and (b) promoting diversion and recycling within the city.

B. Cost recovery. The city council, by resolution, may set a fee to recover all costs of determining compliance with this division.

A. Application. If an applicant experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the waste management plan required under section 9.04.20. The applicant shall indicate on the waste management plan the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Granting of exemption. If the building official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate to the applicant in a letter, and the waste management plan shall be deemed approved as modified by such letter.

C. Denial of exemption. If the building official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a waste management plan.

An applicant may appeal a determination made under this division to the city administrator. In order to appeal, the applicant shall file a written appeal with the city clerk within 10 days after the determination of the building official, stating the reasons for the appeal and deposit the appeal fee, as set by resolution of the city council. The city administrator may designate a hearing officer for consideration of the appeal. An appeal is limited to the following issues:

A. the granting or denial of an infeasibility exemption;

B. whether the applicant has made a good faith effort to comply with the waste management plan; and

C. the amount of security to be released.

The city administrator, or hearing officer if designated, shall hear the appeal within 60 calendar days, and shall give 10 days prior written notice to the applicant. The decision of the city administrator or hearing officer shall be final.

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