Yucca Valley Municipal Code Part IV Non-Organic Recyclables, Green Waste, and C&d Materials

A. Upon placement by the owner of non-organic recyclables at a designated recycling collection location, or placement of non-organic recyclables in a container provided by the appropriate solid waste franchisee, the non-organic recyclables becomes the property of the recycler or solid waste franchisee, by operation of State law.

B. Nothing in this Chapter shall limit the right of any person, organization or other entity to donate, sell or otherwise dispose of any non-organic recyclables segregated from the solid waste stream owned by that person, organization or other entity. For purposes of this provisions, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum regardless of form or amount (including, without limit, as a consulting fee, container rental, broker or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated solid waste containing an item which would be non-organic recyclables, if separated, be deemed to be the donation or sale of such an item to a third party. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. Landscapers shall haul source separated green waste to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste.

B. Landscapers shall keep a record of the amount of green waste delivered to each facility, operation, activity, or property that processes or recovers green waste. This record shall be subject to inspection by the Town. The records shall include the following information: (1) delivery receipts and weight tickets from the entity accepting the waste; (2) the amount of material in cubic yards or tons transported by the generator to each entity; (3) if the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the landscaper’s vehicle in a manner that allows it to determine the weight of materials received, the landscaper is not required to record the weight of material but shall keep a record of the entities that received the green waste.

C. Landscapers shall not contract with a solid waste enterprise to collect, transport and compost or dispose of green waste unless that solid waste enterprise has a franchise from the Town to perform said services. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)

A. Prior to commencing any construction or demolition project, every applicant shall submit a properly completed "Construction Waste Management Plan" (CWMP) to the CWMP Compliance Official or Building Inspector, in a form as prescribed by that official, as a portion of the building or demolition permit process.

B. Submission of the CWMP:

1. The completed CWMP shall contain, at a minimum, the following information:

a. The estimated volume or weight of project waste to be generated by material type; and

b. Declaration of whether the materials will be sorted on site or mixed; and

c. The maximum volume or weight of such materials that can feasibly be diverted via reuse, recycling or salvage for future use or sale by material type; and

d. The vendor(s) that the applicant proposes to use to haul the materials; and

e. Facility(is) the materials will be hauled to, and their expected diversion rates (by volume or weight) by material type; and

f. Estimated "feasible" volume or weight of construction and demolition waste that will be disposed of.

2. Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the CWMP, the applicant shall use the standardized conversion rates approved by the Town of Yucca Valley for this purpose. Approval of the CWMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected estimated feasible diversion rate as described above, and finds the rate does not meet the diversion goal of sixty five percent (65%), the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the CWMP shall be deemed incomplete.

C. Deposit Requirements: A refundable deposit shall be paid upon the submission of a CWMP. This deposit will be collected at the time of CWMP submission and will be one hundred percent (100%) refunded once the applicant has demonstrated and provided proper receipts showing at least sixty-five percent (65%) of debris generated by the project was recycled.

D. Compliance With The CWMP - Documentation: Prior to final inspection of any covered project, the applicant shall submit to the CWMP Compliance Official or Building Inspector, documentation proving that it has met the diversion requirement for the project. The diversion requirement shall be that the applicant has diverted at least sixty five percent (65%) of the total construction and demolition debris generated by the project via reuse or recycling. This documentation shall include all of the following:

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

2. A copy of the previously submitted CWMP for the project adding the actual volume of 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 the Chapter.

E. Licensed contractors performing work within the scope of their licenses/permits within the Town may collect, transport and dispose or recycle of construction and demolition materials generated within their own specific work sites, provided that the licensed contractor adheres to the standards for disposal of construction and demolition material provided in the California Green Building Standards Code (California Code of Regulations Title 24, Part 11). Construction and demolition materials must be transported to a recycling facility permitted by CalRecycle whenever possible. Landfilling of construction and demolition materials shall be a last resort.

F. Licensed contractors shall not contract with a solid waste enterprise or construction and demolition clean-up enterprise to collect, transport and dispose or recycle of construction and demolition materials unless that solid waste enterprise has a franchise from the Town to perform said services. (Ord. 289, 5-19-2020; amd. Ord. 301, 6-7-2022)