Article VII — CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING

This article shall be known as the "construction and demolition debris recycling ordinance." The purpose of this article is to achieve reduction and/or recycling of debris generated by projects, thereby diverting the debris from disposal facilities, saving landfill space, and conserving natural resources consistent with the goals of Section 40000 et seq. of the Public Resources Code. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.1)

Except where the context or particular provisions require otherwise, the following definitions shall govern the construction of this article:

• A. "Building official"

means the building official of the building department or his/her authorized representative.

B. "Construction and demolition debris"

• means solid waste generated by or resulting from construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation.

C. "Debris recycling acknowledgment"

means a written statement signed by the permittee, in the form prescribed by the building official, to acknowledge the actions planned to be taken or administered by or on behalf of the permittee to achieve reduction or recycling of, at minimum, 50 percent by weight of debris resulting from a project. This minimum 50 percent reduction or recycling may be increased by the building official to reflect any such higher percentage that may hereafter be mandated by state law.

D. "Debris recycling report"

means a written summary signed by the permittee, in the form prescribed by the building official, for reporting the amount of debris reduced and/or recycled for a project and the amount of debris from that project disposed of at a disposal facility.

E. "Performance security"

• means any performance bond, surety bond, letter of credit, or certificate of deposit submitted to the city pursuant to SLTCC § 6.15.650 .

F. "Permit"

means a permit other than a grading permit issued by the building department for construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling and renovation.

G. "Permittee"

means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any entity or person whatsoever that applies for a permit.

H. "Project"

means any activity which occurs within the incorporated areas of the city that either (1) requires a permit that specifies any demolition work or activity that exceeds 5,000 square feet in area, or (2) requires a permit that authorizes construction-related activities including, but not limited to, building, construction, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation for improvements that exceed 5,000 square feet in area. One single development of multiple residential units, multiple commercial units, or multiple industrial units within any subdivided parcel will be considered as a single project regardless of the number of permits required for the development. The provisions of this article shall not apply to single-family and/or two-family residential units and associated accessory structures that are not part of a multiple-unit subdivision or development. Projects that directly result from emergency demolitions to protect public health or safety are excluded from the definition of "project."

I. "Recycle" or "recycling"

means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream, as defined in Section 40180 of the Public Resources Code.

J. "Recycling facility"

means a facility that collects specific types of construction and demolition debris for reuse or recycling. Recycling facilities are identified in the California Integrated Waste Management Board's C&D Recyclers Database (available on the worldwide web at http://www.ciwmb.ca.gov/ConDemo/Recyclers/).

• K. "Reduce" or "reduction"

means any action that causes a net reduction in the generation of solid waste, as further defined by Section 40196 of the Public Resources Code.

• L. "Solid waste"

means all putrescible and nonputrescible solid, semisolid, and liquid wastes, as further defined in Section 40191 of the Public Resources Code.

M. "Solid waste landfill"

means a disposal facility that accepts solid waste for land disposal, as further defined by Section 40195.1 of the Public Resources Code.

(Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.2)

• A. The city finds that the state of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50 percent of discarded materials from the landfill by December 31, 2000.

• B. The city finds that every city and county in California, including the city of South Lake Tahoe, could face fines up to $10,000 a day for not meeting the above mandated goal.

• C. The city finds that reusing and recycling construction and demolition debris is essential to further the city's efforts to reduce waste and comply with AB 939.

• D. The city finds that construction and demolition debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled.

• E. The city finds that, except in unusual circumstances, it is feasible to divert an average of at least 50 percent of all construction and demolition debris from construction, demolition, and renovation projects.

• F. The city finds that, to ensure compliance with this article without creating a competitive disadvantage, it is necessary to impose a performance security requirement.

• (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.3)

As further defined in SLTCC § 6.15.610(H) , this article applies to demolition and construction projects within the city of South Lake Tahoe in which the footprint of the structure exceeds 5,000 square feet in area.

(Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.4)

• A. All permittees for projects as defined by this article and within the incorporated areas of the city shall submit a debris recycling acknowledgment to the building official for review and approval at the time of submitting an application for a permit.

• B. If set forth by resolution of the city council, the permittee shall pay a nonrefundable administrative fee sufficient to compensate the city for all expenses incurred in administering this article.

• C. No permit will be issued by the building official for a project unless and until the building official has approved the debris recycling acknowledgment and, if applicable, the performance security and administrative fee have been submitted.

• D. Within 60 days after the final and/or occupancy approval of the project by the building official, the permittee shall submit a debris recycling report to the building official for the building official's approval.

• E. The building official shall approve the debris recycling report only if the report validates that the permittee either reduced or recycled at minimum 50 percent by weight of the total debris generated by the project. Upon approval of the debris recycling report, the full performance security, if applicable, shall be released to the permittee within 10 business days.

• F. In the event that a permittee fails to submit an approved debris recycling report within two years of the date of the current debris recycling acknowledgment, the permittee shall thereafter be required to submit with the debris recycling acknowledgment a performance security. The amount of the performance security shall be calculated as the lesser of three percent of the total project cost calculated by the building official or $10,000. Acceptable forms of performance security include the following: performance bonds, surety bonds, letters of credit, and certificates of deposit.

• G. Noncompliance shall be defined as failure to meet the requirements of this article. Specifically, noncompliance means (1) failure to submit a debris recycling acknowledgment pursuant to this article, (2) failure by the permittee to achieve reduction or recycling of a minimum of 50 percent by weight of debris resulting from the project, except as provided in subsection (H) of this section, and/or (3) failure by a permittee to submit a debris recycling report within 60 days of final and/or occupancy approval of the project by the building official. Permittees determined by the building official to be noncompliant will be subject to forfeiture of the performance security, if applicable, in its entirety. Performance security deposits forfeited to the city shall be used only for the cost of programs whose purpose is to divert the city's solid waste from landfill disposal. Any person violating any provision of this article is guilty of an infraction and upon conviction shall be punished by a fine not to exceed the value of twice the performance security for a project.

f applicable, in its entirety. Performance security deposits forfeited to the city shall be used only for the cost of programs whose purpose is to divert the city's solid waste from landfill disposal. Any person violating any provision of this article is guilty of an infraction and upon conviction shall be punished by a fine not to exceed the value of twice the performance security for a project.

• H. If the building official determines upon review of the debris recycling report that the permittee has not achieved reduction or recycling of a minimum of 50 percent by weight of debris resulting from the project, then the building official shall determine if the permittee has made a good faith effort to comply with this article. In making this determination, the building official shall consider the documented efforts of the permittee to reduce and/or recycle debris, the availability of markets for the debris disposed, the size of the project, and any circumstance beyond the control of the permittee. If the building official determines that the permittee has made a good faith effort to comply with this article, then the full performance security, if applicable, shall be released to the permittee.

(Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.5)

The building official may establish and/or adopt standards, guidelines, and criteria consistent with this article and reasonably necessary to achieve the objectives of this article. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.6)

The building official may make such inspections as he/she may deem necessary to determine permittee's compliance with this article.

(Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.7)

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

(Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1168 § 1 (Exh. A); Code 1997 § 8-50.8)