San Jose Municipal Code Part 15 Construction and Demolition Diversion Deposit Program

There is hereby established the construction and demolition diversion deposit program.

(Ord. 26219.)

A. Except as otherwise specified in this part, on or after March 1, 2001, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall apply for a construction and demolition debris clearance document to be issued by the director. On or after March 1, 2001, no building permit shall be issued unless the applicant submits the clearance document issued by the director.

B. Except as otherwise specified in this part, on or after July 1, 2001, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall remit a diversion deposit in the amount set forth by resolution of the city council. The diversion deposit shall be remitted at the same time the permit application is filed.

C. Except as otherwise specified in this part, on or after January 1, 2011, each person who applies for a building permit pursuant to Chapter 24.02 of this Code shall remit fees in the amount set forth by resolution of the city council for the review and certification of documentation for compliance with the construction, excavated soil, and land clearing debris diversion mandatory requirements of this chapter and/or of state law.

(Ords. 26219, 28837.)

A. No diversion deposit shall be required for any roofing project until January 1, 2002. On or after January 1, 2002, each person who applies for a building permit for a roofing project shall remit a diversion deposit in the amount set forth by resolution of the city council.

B. The director of environmental services may extend the date of the roofing project exception specified in subsection A. if the director finds such extension is necessary due to administrative constraints. The director shall make any such extension in writing and shall state the reasons for the extension.

(Ords. 26219, 26556.)

Neither a construction and demolition debris clearance document nor a diversion deposit shall be required for the following:

A. Work for which a building permit is not required under Section 24.02.120.

B. New residential construction projects of less than one hundred fifteen thousand dollars in value.

C. New nonresidential construction projects of less than one hundred thirty-five thousand dollars in value.

D. Residential alterations of less than two thousand dollars in value.

E. Nonresidential alterations of less than five thousand dollars in value.

F. Roofing projects.

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

H. Seismic tie-down projects.

I. The installation or replacement of shelves.

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

K. Installation of swimming pools and spas, provided that the exemption shall apply only to (i) the area to be excavated for the installation of the pool or spa and (ii) the area for the pad for the pool/spa equipment that does not exceed sixteen 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.

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

A diversion deposit shall not be required for construction that is subject to the mandatory provisions of the State of California Green Building Standards Code for construction waste, excavated soil, and land clearing debris diversion.

(Ords. 26219, 26556, 28007, 28837.)

A. The director may authorize the refund of any diversion deposit which was erroneously paid or collected.

B. The director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun.

C. The director may authorize the refund of a diversion deposit when at least fifty (50) percent of the waste generated by the project was diverted from landfill disposal.

D. The director may authorize a partial refund of a diversion deposit when less than fifty (50) percent by weight of the waste generated by the project was diverted from landfill disposal. The partial refund shall not exceed that portion of the diversion deposit that is in the same ratio as the demonstrated amount of diverted waste bears to fifty (50) percent by weight of the total waste generated.

E. The director shall not authorize the refund of any diversion deposit, or any portion thereof, unless the original building permit applicant files a written request for refund no later than twelve (12) months after the building permit is no longer active for any reason (including because the project has been completed, the permit has been withdrawn, or the permit has been revoked), and the applicant provides documentation satisfactory to the director in support of the request.

(Ords. 26219, 28007.)

A. For the purposes of this part, "diverted" or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:

1. Use of new construction methods, as described in regulations promulgated by the director, 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 9.10.2460.

4. Other methods as approved in regulations promulgated by the director.

B. All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements as set forth in regulations promulgated by the director.

(Ord. 26219.)

A. For the purposes of this part, a certified recycling facility means a recycling, composting, materials recovery or re-use facility for which the director has issued a certification pursuant to regulations promulgated by the director.

B. The director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the director:

1. That 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 meets the required minimum percentage set forth in regulations promulgated by the director.

C. The city shall make available to each building permit applicant paying a diversion deposit a current list of certified recycling facilities.

(Ord. 26219.)

A. Moneys received by the city as diversion deposits shall be used only for payment of diversion deposit refunds except as provided in subsection B.

B. Diversion deposits that are no longer eligible for a refund under Section 9.10.2440 may be used for any of the following purposes:

1. Cost of administration of the program established by this part;

2. Cost of programs that divert from landfill disposal the waste from construction, demolition and alteration projects;

3. Cost of programs that develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects; or

4. Transfer to the general fund.

(Ords. 26219, 28760.)

Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Part and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the City. If the requirements of CALGreen, as amended, are more stringent than the requirements of this Part, the CALGreen requirements shall apply.

Notwithstanding any other provision to the contrary, a building permit applicant that documents the completion of a construction waste management plan in accordance with CALGreen at the following diversion levels shall be deemed in compliance with the provisions of this Part:

A. For building permit applications filed between January 1, 2011 and December 31, 2011, at a sixty percent (60%) diversion level as determined by the Director.

B. For building permit applications filed between January 1, 2012 and December 31, 2012, at a sixty-five percent (65%) diversion level as determined by the Director.

C. For building permit applications filed on or after January 1, 2013, at a seventy-five percent (75%) diversion level as determined by the Director.

(Ords. 28837, 29070, 30684.)