Vallejo Municipal Code Ch. 7.53 Construction and Demolition Debris Recycling Ordinance

The purpose of these provisions is to prescribe requirements designed to meet and further the goals of the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill 939 as may be amended, and to ensure compliance with applicable laws and regulations related to recycling requirements for organic waste commingled with construction and demolition debris, including but not limited to compliance with applicable sections of the California Green Building Standards Code and section 18989.1 of Title 14 of the California Code of Regulations, as may be amended. If the requirements prescribed by applicable law or regulations as amended are more stringent than those herein, the applicable law or regulations shall apply.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.)

(Ord. No. 1849 N.C. (2d), § 43, 4-13-2021)

This chapter shall be known and cited as the Vallejo Construction and Demolition Debris Recycling Ordinance.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usages and to give this chapter its most reasonable application. For the purposes of this chapter, the following definitions apply:

A. "Administrative fee" means the cost associated with processing construction and demolition permits, set forth in Section 7.53.040.

B. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city, unless otherwise specifically exempted by law.

C. "California Green Building Code" - means Part 11 of Title 24 of the California Code of Regulations, as may be amended and includes sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of Part 11 of Title 24 of the California Code of Regulations without limitation.

D. "Compliance official" means the chief building official or his/her designee or the city manager's designee.

E. "Construction" means the building of any facility, structure or improvement or any portion thereof, including but not limited to any tenant improvement, site or utility improvement, to an existing facility, structure or improvement.

F. "Construction" and "demolition debris" means used or discarded materials resulting from construction or renovation, including but not limited to remodeling, repair, or demolition operations, on any pavement, sidewalk, street, roadway project, bridge, house, commercial building, utilities or any other facility, structure or improvement.

G. "Conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the city for use in estimating the volume or weight of materials identified in a waste management plan.

H. "Covered project" shall have the meaning set forth in Section 7.53.050 (A).

I. "Deconstruction" means the systematic removal of usable items from a facility, structure, or improvement in order to salvage materials for diversion.

J. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, improvement, pavement or building, whether in whole or in part, whether interior or exterior.

K. "Deposit" means a refundable cash dollar amount, set forth in Section 7.53.120.

L. "Divert" means to use material for any purpose other than disposal in a landfill facility by any of the following methods:

1. Use of new construction methods, as permitted in this code or resolution, that reduce the amount of waste generated.

2. On-site reuse of the waste.

3. Source separating.

4. Delivery of the waste to a recycling facility as described in Sections 7.44.182 and 7.144.183 of this code.

5. Other methods as approved by the public works director or by city council.

M. "Diversion requirement" means the diversion of at least sixty-five percent by weight of the total construction and demolition debris or the current required diversion amount prescribed in the California Green Building Standards Code or other applicable laws or regulations, as may be amended and whichever is higher, unless the applicant has been granted an exemption pursuant to Section 7.53.090, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan official for the project. The diversion requirement applies to all projects that require a construction or building permit and to residential additions and alterations of existing building where the building's area, volume, or size increases.

N. "Non-covered project" shall have the meaning set forth in Section 7.53.050 (C).

O. "Project" means any activity which requires an application for a building, demolition or any other permit from the city.

P. "Refund" means the return of a deposit, if a deposit is required, without interest, due to applicant based upon proof to the satisfaction of the waste management plan official, that no less than the required percentages or proven proportion of tons generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused.

Q. "Renovation" means any change, addition, or modification in an existing facility, structure or improvement.

R. "Reuse" means further or repeated use of construction and demolition debris.

S. "Salvage" means the controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

T. "Waste management plan (WMP)" means a completed city approved WMP form submitted by the applicant for any covered project.

U. "Waste management plan (WMP) official" means the city's recycling coordinator or the city manager's designee.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.)

(Ord. No. 1766 N.C. (2d), § 1, 6-27-2017; Ord. No. 1849 N.C. (2d), § 44, 4-13-2021)

A non-refundable administrative fee will be charged in an amount as may be established by city council resolution to cover the cost for all city expenses incurred in administering this chapter.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.)

A. Covered Projects. All construction projects within the city, the valuation of which are, or are projected to be, greater than or equal to fifty thousand dollars or the size of one thousand square feet or greater ("covered projects"), shall comply with this chapter. The cost of the project shall be the valuation ascribed to the project by the compliance official. In addition, any demolition projects within the city the valuation of which is projected to be greater than the administrative fee shall be considered be a covered project. All covered projects shall comply with California Green Building Code, all other applicable law and regulations, and all applicable provisions of this chapter, as amended. For purposes of determining whether a project meets the covered threshold, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the compliance official, shall be deemed a single project.

B. City-Sponsored Projects. All city sponsored projects, the costs of which are, or are projected to be, greater than or equal to fifty thousand dollars ('Covered Projects') shall comply with this chapter. In addition, all city sponsored demolition projects shall be a covered project. These city sponsored covered projects shall submit a WMP to the compliance official prior to beginning any construction or demolition activities and shall be subject to California Green Building Code, all other applicable law and regulations, and all applicable provisions of this chapter unless otherwise specified.

C. Non-Covered Projects. Applicants for projects within the city that have not met the threshold for covered projects and any demolition project that has a valuation less than the administrative fee ("non-covered projects") are not required to submit a WMP, but are encouraged to divert as much project-related construction and demolition debris as possible. Projects eligible for an exemption as described in the California Green Building Standards Code as amended are also deemed 'non-covered.' Projects must comply with California Green Building Code and applicable provisions of this chapter.

D. No building, site development, grading, or demolition shall be issued for a covered project unless and until the compliance official has approved a WMP. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building, site development, grading, demolition or any other permit issued by the city for a covered project.

(Ord. 1545 N.C. (2d) § 1 (part), 2005; Ord. No. 1653 N.C.(2d), § 1, 10-11-2011; Ord. No. 1766 N.C. (2d), § 2, 6-27-2017; Ord. No. 1849 N.C. (2d), § 45, 4-13-2021)

A. Waste Management Plan (WMP) forms. Prior to the issuance of a building, site development, grading, demolition, or other permit involving any covered project, applicants shall complete and submit a WMP on a form(s), approved by the city. The WMP shall be submitted as part of the application packet for the permit. The completed WMP shall:

1. Applicant contact information and all applicable permit numbers;

2. Identify all anticipated construction and demolition debris that will be generated for disposal and recycling, including recording the actual weight or volume by material to be generated.

3. State the rate of diversion the applicant believes is feasible for each type of construction and demolition debris and the specific circumstances why the applicable believes it is not feasible to comply with the diversion requirement.

4. State whether the applicant believes they qualify for an exemption as described in Section 7.53.090 of this chapter and indicate the basis upon which they qualify.

5. Identify the vendor or facility that the applicant proposes to use to collect or receive the construction and demolition debris generated for disposal and recycling, which facility material, which must be consistent with the city's franchise agreement for waste disposal and recycling and which must recover at least sixty-five percent or more of recyclable materials from disposal of construction and demolition debris. The city shall provide applicants with a list of approved facilities upon request.

6. Provide the estimated volume or weight of construction and demolition debris that will not be diverted.

B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city or California Green Building Code for this purpose.

C. Deconstruction. In preparing the WMP, applicants for permits involving the removal of all or part of an existing facility, structure or improvement shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage before being transported for disposal. To the extent possible deconstruction should be conducted in accordance with the California Green Building Standards Code or other applicable law or regulations, as may be amended.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.; Ord. No. 1766 N.C. (2d), § 2, 6-27-2017; Ord. No. 1766 N.C. (2d), § 3, 6-27-2017; Ord. No. 1849 N.C. (2d), § 46, 4-13-2021)

A. Approval. Notwithstanding any other provision of this chapter, no permit shall be issued for any covered project if the applicant has an unpaid criminal fine, administrative citation or civil penalty from a previous project in the city and until the compliance official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the compliance official. The WMP official or his designee shall only approve a WMP if he or she first determines that all of the following conditions have been met:

1. The WMP provides all of the information set forth in Section 7.53.060 (A);

2. The WMP indicates that the diversion requirement will be met; and

3. The WMP complies with the city garbage franchise agreement.

4. The WMP complies with the California Green Building Code

If the WMP official determines that these conditions have been met, he or she shall mark the WMP 'Approved', return a copy of the WMP to the applicant, and notify the building division that the WMP has been approved.

B. Non-Approval. If the WMP official determines that the WMP is incomplete or fails to indicate that the diversion requirement will be met, he or she shall either:

1. Return the WMP to the applicant marked 'Denied', including a statement of reasons, and will notify the building division, which shall then immediately stop processing the permit application; or

2. Return the WMP to the applicant marked 'Further Explanation Required'.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.; Ord. No. 1766 N.C. (2d), § 4, 6-27-2017)

A. Documentation. A final inspection will not be given until the applicant has complied with the WMP process and submits documentation, under penalty of perjury, to the WMP official that the diversion requirement for the project has been met, unless the applicant has been granted an exemption pursuant to Section 7.53.090, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP official for the project. This documentation shall include all of the following:

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

2. A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and

3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

It shall be unlawful for an applicant to deliberately provide false or misleading data to the city.

If the applicant fails to submit the required documentation within the required ninety days, the city may take any enforcement action set forth in Section 7.53.110 of this chapter and if a deposit has been required then the applicant shall forfeit his or her deposit.

B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements, for accuracy and maintenance. For construction and demolition debris 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 or the California Green Building Code for this purpose.

C. Determination of Compliance. The WMP official shall review the information submitted under Section 7.53.080(A) and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full compliance. If the WMP official determines that the applicant has fully complied with the diversion requirements applicable to the project, as set forth in the WMP, he or she shall issue a letter of completion to the applicant and inform the building division. In the event that the applicant has been required to submit a deposit, the WMP official shall cause the full deposit to be released to the applicant.

2. Substantial compliance. If the WMP 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 and is in substantial compliance with this chapter. In making this determination, the WMP official shall consider the availability of markets for the construction and demolition debris that was disposed of in a landfill, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the WMP official determines that the applicant has made a good faith effort to comply with this chapter and is in substantial compliance with the diversion requirements applicable to the project, as set forth in the WMP, he or she will issue a letter of completion to the applicant and shall inform the building division. In the event that the applicant has been required to submit a deposit, the WMP official shall cause the full deposit to be released to the applicant.

3. Non-compliance. If the WMP official determines that the applicant is not in substantial compliance with this chapter or if the applicant fails to submit the documentation required by Section 7.53.060 (A), then city may take any enforcement action set forth in Section 7.53.110 of this chapter and if a deposit has been required then the applicant shall forfeit his or her deposit.

(Ord. 1545 N.C. (2d) § 1 (part), 2005; Ord. No. 1653 N.C.(2d), § 2, 10-11-2011; Ord. No. 1766 N.C. (2d), § 5, 6-27-2017)

A. Infeasibility Exemption. If an applicant for a "Covered Project" identifies unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an infeasibility exemption at the time that he or she submits the WMP required under Section 7.53.060 (A). The applicant shall indicate on the WMP 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. In the event that an exemption is granted for a demolition project the administrative fee will be waived. If the exemption is granted for a construction project, the applicant must still pay the administrative fee. The WMP official shall return a copy of the WMP to the applicant marked "Approved for Exemption." If the WMP official determines that it is feasible for the applicant to partially meet the diversion requirement, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP official shall return a copy of the revised WMP to the applicant marked "Approved for Partial Exemption." The applicant shall be required to comply with all the provisions of this chapter based upon the revised WMP.

B. Exempt Projects. The following projects are exempt from the requirements of this chapter:

1. 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.

2. 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 this chapter.

3. 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 this chapter.

4. A project contaminated by hazardous substances or waste as defined by state or federal law such as lead based and asbestos materials.

5. Work for which a building or demolition permit is not required.

6. Cell towers, co-location and equipment.

7. Commercial coach installations (excluding accessory structures).

8. Manufactured home installations (excluding accessory structures).

9. Photovoltaic solar home roofing projects less than one hundred square feet or do not include tear off.

10. A project for which Plumbing, Electrical or Mechanical Permit is required.

11. Seismic Projects.

12. Projects where no structural building modifications are proposed.

13. Demolition due to fire damage.

14. Residential and Commercial in-ground pools.

C. Denial of Exemption. If the WMP 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 must resubmit a WMP in full compliance with Section 7.53.060. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 7.53.060, the WMP official shall deny the WMP in accordance with Section 7.53.070 (B).

(Ord. 1545 N.C. (2d) § 1 (part), 2005.; Ord. No. 1766 N.C. (2d), § 6, 6-27-2017)

A. Contents of Appeal. An appeal of the WMP official decision may be made to the compliance official or his designee in writing not longer than ten business days after the WMP official's decision. The appellant must specifically state in the notice of appeal:

1. The name and address of the appellant and appellant's interest in the decision;

2. The nature of the decision appealed from and/or the conditions appealed from;

3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate; and

4. The specific facts of the matter in sufficient detail to notify the city as to the basis for applicant's appeal. The appeal shall not be stated in generalities.

B. Acceptance of Appeal. An appeal shall not be accepted by the compliance official unless it complies with the provisions of this section.

C. Decision. The decision made by the compliance official shall be in writing, stating the legal and factual basis for the decision. The decision of the compliance official shall be final and conclusive.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.)

A. Criminal Penalties. Any applicant who violates any provision of this chapter, including but not limited to noncompliance with a WMP, shall be guilty of an infraction punishable by a fine that is three percent of the total cost of the covered project, not to exceed ten thousand dollars for residential projects and not to exceed thirty thousand dollars for non-residential projects.

Whenever any applicant has been convicted of two violations of this chapter within two years prior to the date of a subsequent violation of this chapter, the applicant is guilty of a misdemeanor, punishable by the same fine as stated above or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. Civil Enforcement. Violation of any provision of this chapter, including but not limited to noncompliance with a WMP, may be enforced as set forth in Section 1.12.020 of this code.

C. Administrative Citations. Failure to divert material in compliance with the WMP may be enforced by the issuance of an administrative citation as set forth in Chapter 1.15 of this code. The amount of the fine shall be one thousand dollars per ton of material that was to be diverted as set forth in the WMP but was not demonstrated to have been diverted.

D. Separate Violations. There shall be a separate violation of this chapter for each day on which a violation occurs. When the violation is the failure to achieve the diversion requirement applicable to a project and the construction and demolition debris from the project has already been transported for disposal in a landfill or transformation facility, the violation shall be deemed to have ceased after a period of ten days.

E. Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative and in addition to any other remedy the city may have at law or in equity, including but not limited to injunctive relief to prevent violations of this chapter.

F. Attorney Fees. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.; Ord. No. 1766 N.C. (2d), § 7, 6-27-2017)

Applicants that the WMP official has determined have previously failed to comply with this chapter will be required to post a cash deposit that is three percent of the total cost for each of the applicant's next five consecutive projects. Upon the WMP official's determination that they have complied with this chapter for those projects, the applicant shall not be required to comply with the deposit provisions of this section, unless a new violation of this chapter has occurred. The posting of a deposit shall be a condition precedent to the issuance of any building, demolition or other permit from the city. The cash deposit shall be returned, without interest, upon proof to the satisfaction of the WMP official, that no less than the required percentage of construction and demolition debris have been diverted from landfills and have been recycled or reused. The deposit shall be forfeited entirely for failure to comply with the requirements of this chapter. Any deposit that is forfeited shall be deposited in the solid waste fund and will be used to enhance the city's recycling program for construction and demolition debris and cover cost and expenses of administration and enforcement of this chapter.

(Ord. 1545 N.C. (2d) § 1 (part), 2005.)

(Ord. No. 1766 N.C. (2d), § 8, 6-27-2017)