Walnut Creek Municipal Code Art. 6 Construction Debris Recycling

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

a.

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 construction, demolition, or renovation projects within the City.

b.

Certified C&D recovery facility

means any disposal facility certified by the CCCSWA to recover at least sixty-five percent (65%) or more of recyclable materials from C & D disposal.

c.

Compliance officer

means the Community Development Director or his or her designee.

d.

Construction

means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

e.

Construction and demolition debris

or C&D debris means used or discarded materials removed from premises during grading operations or during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, residential or commercial building or other structure.

f.

Conversion factor

means the value set forth in the standardized volume-to-weight conversion table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

g.

Covered project

shall have the meaning set forth in Section 5-3.602(a).

h.

Deconstruction

means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

i.

Demolition

means the destructing, disassembling, decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

j.

Divert

means to use material for any purpose other than disposal in a landfill.

k.

Disposal facility

means any facility permitted to receive solid waste, recyclable, or reusable waste materials.

l.

Diversion requirement

means redirection from the waste stream of at least sixty-five percent (65%), or the amounts, criteria and requirements specified in the Green Building Code for the City of Walnut Creek, whichever is the more restrictive, of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 5-3.605, in which case the diversion requirement shall be the maximum feasible diversion rate established by the compliance officer for the project.

m.

Noncovered project

shall have the meaning set forth in Section 5-3.602(b).

n.

Project

means any activity which requires an application for a building, site development, grading or demolition permit, or any similar permit, from the City.

o.

Recycling

means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

p.

Renovation

means any change, addition, or modification in an existing structure.

q.

Reuse

means further or repeated use of materials in their original form.

r.

Salvage

means the controlled removal of construction or demolition debris from a permitted building, site development, grading, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

s.

Total costs

means the total construction value of the project using standard commercial and residential valuation formulas.

t.

Waste management plan(WMP)

means a completed form, approved by the City for the purpose of compliance with this article, submitted by the permit applicant for any covered project pursuant to Section 5-3.603.

u.

Waste management report(WMR)

means a completed form, approved by the City for the purpose of compliance with this article, submitted by the permit holder for any covered project and completed pursuant to Section 5-3.606.

(§ 2, Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010; § 2, Ord. 2094, eff. 1/1/2011; § 3, Ord. 2120, eff. 1/2/2014; § 3, Ord. 2159, eff. 1/1/2017)

a. Covered Projects. All private and public construction, demolition, and renovation projects within the City, meeting one (1) or more of the following, shall comply with this article:

1. The total costs of the project are projected to be greater than or equal to fifty thousand dollars ($50,000.00); or

2. The project involves the construction or renovation of floor area greater than or equal to one thousand (1,000) square feet; or

3. The project includes demolition of a horizontal, vertical or sloping surface area greater than or equal to three hundred (300) square feet; or

4. The project is subject to the criteria and requirements specified in the Green Building Code for the City of Walnut Creek.

For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the compliance officer, shall be deemed a single project.

b. Noncovered Projects. All other projects within the City that have not met the threshold for covered projects shall be considered noncovered projects. Applicants for construction, demolition, and renovation projects within the City which are not covered projects shall be encouraged to divert as much project-related construction and demolition debris as possible.

c. Building, Site Development, Grading, and Demolition Permits. No building, site development, grading, or demolition permit shall be issued for a covered project unless and until the compliance officer has approved a WMP for the project. Compliance with the provisions of this article shall be listed as a condition of approval on any building, site development, grading, or demolition permit issued for a covered project.

(§ 2, Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010; § 2, Ord. 2094, eff. 1/1/2011; § 3, Ord. 2120, eff. 1/2/2014)

a. WMP Form. Prior to the issuance of a building, site development, grading, or demolition permit involving any covered project, the applicant shall complete and submit a WMP. The WMP form shall identify (1) all C&D debris that will be generated for disposal and recycling, and (2) all disposal facilities that will receive the C&D debris.

b. Required Use of Certified C&D Recovery Facility. In order to be counted toward the diversion requirement, C&D waste must be taken to a certified C&D recovery facility. The City shall make available to each applicant a current list of certified C&D recovery facilities.

c. Deconstruction. In preparing the WMP, applicants for building, site development, grading, or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to being transported for disposal to a recycling center, transformation facility, or landfill.

d. Emergency Demolition. Submittal of a WMP is not required when the City determines an emergency demolition is required to protect the health, safety or welfare of the public.

(§ 2, Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010)

a. Approval. Notwithstanding any other provision of this code, no building, site development, grading, or demolition permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the compliance officer has approved the WMP. The compliance officer shall only approve a WMP if he or she first determines that the WMP provides all of the information set forth in Section 5-3.603.

If the compliance officer determines that the WMP provides all of the information set forth in Section 5-3.603, then he or she shall mark the WMP "approved" and return a copy of the WMP to the applicant.

b. Nonapproval. If the compliance officer determines that the WMP is incomplete, then he or she shall either:

1. Return the WMP to the applicant marked "denied," including a statement of reasons; or

2. Return the WMP to the applicant marked "further explanation required," including a statement of reasons.

(§ 1 Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010)

a. Application. If an applicant for a covered project 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 WMP required by Section 5-3.603. Increased costs to the applicant will not be a sufficient basis for an exemption, unless such costs are extraordinary. 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.

b. Meeting with Compliance Officer. The compliance officer shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The compliance officer may request the staff from the Central Contra Costa Solid Waste Authority attend this meeting or may require the applicant to request a separate meeting with Central Contra Costa Solid Waste Authority staff. Based on the information supplied by the applicant and, if applicable, Central Contra Costa Solid Waste Authority staff, the compliance officer shall determine whether it is possible for the applicant to meet the diversion requirement.

c. Granting of Exemption. If the compliance officer 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 on the WMP submitted by the applicant. The compliance officer shall return a copy of the WMP to the applicant marked "approved for infeasible exemption."

d. Denial of Exemption. If the compliance officer 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 WMP form in full compliance with Section 5-3.603. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 5-3.603, the compliance officer shall deny the WMP and return the WMP to the applicant marked "denied," including a statement of reasons.

(§ 2, Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010)

a. WMR Form. Within thirty (30) days after the completion of any covered project, the permit holder shall submit a WMR to the compliance officer that proves that the covered project has met the diversion requirement. This WMR shall include all of the following:

1. Receipts from each certified C&D recovery facility and other disposal facility for each type of material collected or received that show the actual weight or volume of material; and

2. A summary of the total weights of each material collected or received from the receipts in subsection (a)(1) of this section. Receipts based upon volume shall be converted to weight using City-approved conversion factors; and

3. Any additional information that the permit holder believes is relevant to determining his or her efforts to comply in good faith with this article.

b. Weighing of Wastes. The permit holder shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D 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 permit holder shall use the standardized conversion factors approved by the City for this purpose.

(§ 2, Ord. 2088, eff. 7/1/2010)

The compliance officer shall review the information submitted under Section 5-3.606(a) and determine whether the permit holder has complied with the diversion requirement, as follows:

a. Full Compliance. If the compliance officer determines that the permit holder has fully complied with the diversion requirement applicable to the project, he or she shall indicate such compliance on the WMR.

b. Good Faith Effort to Comply. If the compliance officer determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the permit holder has made a good faith effort to comply with this article. In making this determination, the compliance officer shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the permit holder to divert C&D debris. If the compliance officer determines that the permit holder has made a good faith effort to comply with this article, he or she shall so indicate on the WMR.

c. Noncompliance. If the compliance officer determines that the permit holder has not made a good faith effort to comply with this article, or if the permit holder fails to submit the documentation required by Section 5-3.606(a) within the required time period, then the permit holder shall be in violation of this article and be liable for a civil penalty, in addition to any other remedy provided by this article. No certificates of occupancy or other permits or approvals relating to the project site shall be issued by the City until the civil penalty has been paid in full.

(§ 2, Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010; Formerly 5-3.606)

As a condition precedent to the issuance of any permit for a covered project, the applicant shall pay the City a fee to compensate the City for staffing expenses incurred in administering the provisions of this article. The fee shall be per the City of Walnut Creek's fees and charges, as adopted by the City Council from time to time.

(§ 2, Ord. 2088, eff. 7/1/2010)

a. Criminal Penalties. Any person who violates any provision of this article, including but not limited to noncompliance with a WMR, shall be guilty of an infraction. The penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01.

b. Civil Penalties. Any person who violates any provision of this article, including but not limited to noncompliance with a WMR, shall be liable to the City for a civil penalty of one thousand dollars ($1,000.00) or one percent (1%) of the total cost of the project, whichever is greater. The compliance officer may, in his or her sole discretion, reduce the amount of the civil penalty in the event of mitigating circumstances.

c. Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, 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.

(§ 2, Ord. 1976, eff. 1/1/2001; § 2, Ord. 2088, eff. 7/1/2010; Formerly 5-3.607)