Chapter 15.46
CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT

Sections:

Part 1. Definitions

15.46.010    Definitions.

Part 2. Covered Projects

15.46.200    Covered Projects.

15.46.210    Exempt Projects.

15.46.220    City-Sponsored Projects.

15.46.230    Compliance as a Condition of Approval.

Part 3. Construction and Demolition Materials Management Plans

15.46.300    Construction and Demolition Materials Management Plans.

15.46.310    Calculating Volume and Weight of C&D Materials.

15.46.320    Deconstruction.

Part 4. Construction and Demolition Materials Management Plan Diversion Security Deposits

15.46.400    Construction and Demolition Diversion Security Deposits.

Part 5. Construction and Demolition Materials Management Plan Review

15.46.500    Approval.

15.46.510    Disapproval.

Part 6. Refund and Return of Diversion Security Deposits

15.46.600    Application for Refund.

15.46.610    Documentation of Construction and Demolition Material Diversion.

15.46.620    Determination of Compliance and Release of Diversion Security Deposit.

Part 7. Construction and Demolition Materials Management Plan Exemptions

15.46.700    Application.

15.46.710    Meeting with Administrator or the Administrator’s Designee.

15.46.720    Granting of Exemption.

15.46.730    Denial of Exemption.

Part 8. Appeals

15.46.800    Appeal.

15.46.810    Decision by City Manager.

Part 9. Enforcement

15.46.900    Inspection.

15.46.910    Civil Action.

15.46.920    Infraction.

15.46.930    Enforcement.

Part 1. Definitions

15.46.010 Definitions.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Chapter 15.44 of this code, if defined therein, and if not, by Division 30, Part 1, Chapter 2 of the Public Resources Code, Section 40000, et seq., and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Section 6901, et seq., and the regulations implementing RCRA, as they may be amended from time to time.

“Administrator” means the City staff person designated by the City Manager to administer the provisions of this chapter.

“Applicant” means any person, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the Building and Safety Division for an applicable permit to undertake any covered project, as defined below, within the City. An applicant must comply with this chapter.

“Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to a previously unoccupied existing facility or structure. “Construction” does not include a project limited to interior plumbing work, electrical work or mechanical work, or any combination of them.

“Construction and demolition diversion security deposit” or “diversion security deposit” means cash or letter of credit in a form acceptable to the City, submitted to the City pursuant to Part 4 of this chapter.

“Construction and demolition materials” or “C&D materials” means used or commonly discarded materials removed from premises of a covered project during construction, grading, remodeling, repair, demolition, deconstruction or renovation resulting from construction, renovation, grading, remodeling, repair, deconstruction or demolition operations on any pavement, house, commercial building, or other structure, or from landscaping. Such materials include, but are not limited to, inert waste (including rock, concrete, brick, sand, soil, ceramics and cured asphalt), gravel, plaster, gypsum wallboard, aluminum, glass, plastic pipe, roofing material, carpeting, wood, masonry, trees, stumps, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures, and grading.

“Construction and demolition materials management plan” or “C&DMMP” means a completed C&DMMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a construction and demolition materials management plan.

“Covered project” means a project for which a building, demolition, grading or other similar permit is required by this code. See “exempt project,” “project” and Part 2 of this chapter.

“Deconstruction” means a process to dismantle or remove useable materials from structures, in a manner which maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.

“Demolition” means the destruction, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

“Diversion requirement” means the diversion of at least fifty percent (50%), by weight, of the construction and demolition materials, other than inert waste, generated by a covered project by reuse or recycling, and that at least fifty percent (50%) of the inert waste is removed from the solid waste stream and not disposed of in a solid waste landfill, unless the applicant has been granted an exemption pursuant to Part 7 of this chapter. If the applicant has been granted an exemption, the diversion requirement shall be the maximum feasible diversion rate established by the Administrator or the Administrator’s designee for the project.

“Divert” or “diversion” means activities which reduce or eliminate the amount of C&D material from disposal in a landfill or transformation facility. See Public Resources Code Section 40124.

“Exempt project” shall have the meaning set forth in Part 2 of this chapter.

“Feasible” shall have the meaning ascribed by Public Resources Code Section 21061.1, as it may be amended.

“Inert waste” shall have the meaning ascribed by Public Resources Code Section 41821.3(a)(1), as it may be amended.

“Project” means any activity for which a building, demolition, grading or other similar permit is required. See also “covered project,” above.

“Recycling” shall have the meaning ascribed by Public Resources Code Section 40180, as it may be amended.

“Renovation” means any change, addition, or modification in an existing structure that requires a building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work or mechanical work.

“Reuse” means further or repeated use of construction and demolition materials or inert waste.

“Salvage” means the controlled removal of construction or demolition materials from a permitted construction or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

Part 2. Covered Projects

15.46.200 Covered Projects.

Except as otherwise provided in this code, each applicant for a permit required by this code for a covered project also shall complete and submit a construction and demolition materials management plan (“C&DMMP”) to the Administrator or the Administrator’s designee unless the project is an exempt project, as defined below. No permit for a covered project shall be issued by the Division of Building and Safety unless the applicant for the permit has submitted to the Division of Building and Safety a construction and demolition materials management plan approved by the Administrator, or the Administrator’s designee, or the project is an exempt project as defined in Section 15.46.210. Review of applications for permits for covered projects by the Division of Building and Safety may be concurrent with the review of the C&DMMP by the Administrator or the Administrator’s designee. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.210 Exempt Projects.

No construction and demolition materials management plan or construction and demolition materials management plan security deposit shall be required for any of the following:

A.    Work for which a building permit, demolition permit, and grading permit is not required;

B.    Any new residential construction project valuated at less than five hundred thousand dollars ($500,000) by the City’s Building Official;

C.    Any new nonresidential construction project valuated at less than five hundred thousand dollars ($500,000) by the City’s Building Official;

D.    Residential alterations valuated at less than one hundred thousand dollars ($100,000) by the City’s Building Official;

E.    Nonresidential alterations valuated at less than one hundred thousand dollars ($100,000) by the City’s Building Official;

F.    Projects for which only a plumbing permit, electrical permit or mechanical permit, or any combination of them, is required;

G.    Roofing projects that do not include significant fifty percent (50%) removal of the existing roof;

H.    Installation of swimming pools or spas; or

I.    Demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.220 City-Sponsored Projects.

All of the City’s construction, demolition, and renovation projects, except as provided below, and regardless of cost, shall be considered “covered projects” for the purposes of this chapter and shall be subject to all applicable provisions of this chapter. Prior to the start of any City construction or demolition activity, a construction and demolition materials management plan shall be prepared by the Director of Public Works or the Director’s designee. The City is not required to submit a diversion security deposit for City-sponsored covered projects. City projects limited to interior plumbing work, electrical work or mechanical work are not covered projects. City demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended, is not a covered project. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.230 Compliance as a Condition of Approval.

Compliance with the provisions of this chapter shall be a condition of approval of any permit for a covered project. (Ord. 05-9, 6/28/05)

Part 3. Construction and Demolition Materials Management Plans

15.46.300 Construction and Demolition Materials Management Plans.

Each applicant for a permit for any covered project shall complete and submit to the Building and Safety Division a construction and demolition materials management plan (“C&DMMP”), approved by the Administrator, or the Administrator’s designee, on a C&DMMP form approved by the City for this purpose. The completed C&DMMP, at a minimum, shall indicate all of the following:

A.    The estimated weight of project C&D materials, by materials type, to be generated;

B.    The maximum weight of C&D materials that it is feasible to divert, considering cost, energy consumption and delays, via reuse or recycling;

C.    The vendor or facility that the applicant proposes to use to collect, divert, market, reuse or receive the C&D materials;

D.    The estimated weight of residual C&D materials that would be transported for disposal in a landfill or transformation facility; and

E.    The estimated weight of inert waste to be removed from the waste stream and not disposed of in a solid waste landfill. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.310 Calculating Volume and Weight of C&D Materials.

In estimating the volume or weight of materials identified in the C&DMMP, the applicant shall use standardized conversion rates approved by the City for this purpose. (Ord. 05-9, 6/28/05)

15.46.320 Deconstruction.

In preparing the C&DMMP, applicants for 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 in a landfill or transformation facility. (Ord. 05-9, 6/28/05)

Part 4. Construction and Demolition Materials Management Plan Diversion Security Deposits

15.46.400 Construction and Demolition Diversion Security Deposits.

Each applicant for a permit for a covered project, except the City, shall submit a construction and demolition diversion security deposit with the construction and demolition materials management plan. The amount of the diversion security deposit shall be calculated as the lesser of three percent (3%) of the estimated total project cost or twenty-five thousand dollars ($25,000). The Administrator or the Administrator’s designee may waive the diversion security deposit if the diversion security deposit required pursuant to this section would be fifty dollars ($50.00) or less. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06; Ord. 10-1 § 1, 2/9/10)

Part 5. Construction and Demolition Materials Management Plan Review

15.46.500 Approval.

Notwithstanding any other provision of this code, no permit shall be issued for any covered project unless the Administrator or the Administrator’s designee has approved the C&DMMP. The Administrator or the Administrator’s designee shall approve a C&DMMP if the Administrator or the Administrator’s designee first determines that all of the following conditions have been met: (1) the C&DMMP provides all of the information set forth in Part 3 of this chapter; (2) the C&DMMP indicates that the diversion requirement will be met; and (3) the applicant has submitted an appropriate diversion security deposit in compliance with Part 4 of this chapter.

If the Administrator or the Administrator’s designee determines that these three (3) conditions have been met, the Administrator or the Administrator’s designee shall mark the C&DMMP “Approved,” return a copy of the C&DMMP to the applicant, and notify the Division of Building and Safety that the C&DMMP has been approved.

Approval shall not be required if construction, demolition or grading is required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.510 Disapproval.

If the Administrator or the Administrator’s designee determines that the C&DMMP is incomplete or fails to indicate that at least fifty percent (50%) of all C&D materials generated by the project will be reused or recycled, and fifty percent (50%) of all inert waste is to be removed from the waste stream and not disposed of in a solid waste landfill, the Administrator or the Administrator’s designee shall either: (1) return the C&DMMP to the applicant marked “Denied,” including a statement of reasons, and so notify the Division of Building and Safety, which shall then hold the project’s permit, or (2) return the C&DMMP to the applicant marked “Further Explanation Required,” including a statement of reasons, and so notify the Division of Building and Safety, which shall then hold the project’s permit. If, during the course of the project, the applicant determines that the estimated tonnage of C&D material and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill generated and/or recovered from the project is substantially different from the C&DMMP, the applicant shall submit an addendum to the original C&DMMP. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

Part 6. Refund and Return of Diversion Security Deposits

15.46.600 Application for Refund.

Within one hundred eighty (180) days after the completion of any covered project, the applicant may submit to the Administrator or the Administrator’s designee documentation that the applicant has met the diversion requirement for the project and apply for a refund of the diversion security deposit. This documentation may include all of the following:

A.    Receipts and gate tickets from the vendor or facility which collected or received C&D material showing the actual weight of that material or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill;

B.    A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each type of C&D material diverted and transported for disposal in a landfill or transformation facility, or, in the case of inert waste, removed from the solid waste stream and not disposed of in a solid waste landfill; and

C.    Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.610 Documentation of Construction and Demolition Material Diversion.

Applicants shall make reasonable efforts to ensure that all C&D materials diverted, or delivered to disposal facilities for disposal, are measured and recorded using the most accurate method of measurement reasonably available. To the extent practical, all C&D materials, and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D materials 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 standardized conversion rates approved by the City for this purpose. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities. (Ord. 05-9, 6/28/05)

15.46.620 Determination of Compliance and Release of Diversion Security Deposit.

The Administrator or the Administrator’s designee shall review the information submitted under Section 15.46.600 and determine whether the applicant has complied with the construction and demolition materials management plan, as follows:

A.    Full Compliance. If the Administrator or the Administrator’s designee determines that the applicant has fully complied with the construction and demolition materials management plan applicable to the project, the Administrator or the Administrator’s designee shall cause the full diversion security deposit to be released to the applicant.

B.    Good Faith Effort to Comply. If the Administrator or the Administrator’s designee determines that the construction and demolition materials management plan has not been complied with, the Administrator or the Administrator’s designee shall determine whether the applicant made a good faith effort to comply with this chapter. In making this determination, the Administrator or the Administrator’s designee shall consider the availability of markets for the C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and the documented efforts of the applicant to divert C&D materials and remove inert waste from the waste stream. If the Administrator or the Administrator’s designee determines that the applicant has made a good faith effort to comply with this chapter, the Administrator or the Administrator’s designee shall approve the release of the diversion security deposit, or a portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City.

C.    Noncompliance. If the Administrator or the Administrator’s designee determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant failed to submit the documentation required by Section 15.46.600, within the required time period, then the diversion security deposit shall be retained by the City.

D.    Partial Refund. The Administrator or the Administrator’s designee may authorize a partial refund when the diversion requirement has not been met. Any partial refund shall be in the same ratio as the demonstrated amount of diverted C&D waste and inert waste, respectively, waste bears to fifty percent (50%) by weight.

E.    Refund of Erroneous Payment. The Administrator or the Administrator’s designee may authorize the refund of any diversion security deposit which was erroneously paid or collected.

F.    Withdrawal of Permit Application. The Administrator or the Administrator’s designee may authorize the refund of any diversion security deposit if the permit application for a covered project is withdrawn or cancelled before any work has begun.

G.    Diversion security deposits retained by the City may be used only for:

1.    Payment of diversion security deposit refunds;

2.    Costs of administration of the program established by this chapter; and

3.    Cost of programs to achieve diversion of construction materials from disposal at disposal facilities. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

Part 7. Construction and Demolition Materials Management Plan Exemptions

15.46.700 Application.

If an applicant for a covered project experiences or anticipates unique circumstances that the applicant believes make it not feasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the C&DMMP required under Part 3 of this chapter. The applicant shall indicate on the C&DMMP the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it not feasible to comply with the diversion requirement. (Ord. 05-9, 6/28/05)

15.46.710 Meeting with Administrator or the Administrator’s Designee.

The Administrator or the Administrator’s designee shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the Administrator or the Administrator’s designee shall determine whether it is possible for the applicant to meet the diversion requirement. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.720 Granting of Exemption.

If the Administrator or the Administrator’s designee determines that it is not feasible for the applicant to meet the diversion requirement, the Administrator or the Administrator’s designee shall determine the maximum feasible diversion rate for each material and shall designate this rate on the C&DMMP submitted by the applicant. The Administrator or the Administrator’s designee shall return a copy of the C&DMMP to the applicant marked “Approved for Partial Exemption” and shall notify the Division of Building and Safety that the C&DMMP has been approved. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.730 Denial of Exemption.

If the Administrator or the Administrator’s designee determines that it is possible for the applicant to meet the diversion requirement, the Administrator or the Administrator’s designee shall deny the application for exemption and inform the applicant in writing of the denial and the reasons for the denial. The applicant shall have thirty (30) days after receipt of such notification to resubmit a C&DMMP form in full compliance with this chapter. If the applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with this chapter, the Administrator or the Administrator’s designee shall deny the C&DMMP, and the Building and Safety Division shall not issue a permit for that project. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

Part 8. Appeals

15.46.800 Appeal.

Each applicant shall have the right to appeal any decision made by the Administrator or the Administrator’s designee to the City Manager or the City Manager’s designee. The applicant must file a notice of appeal from the ruling of the Administrator or the Administrator’s designee with the City Clerk, with a copy to the Administrator or the Administrator’s designee, not more than ten (10) calendar days after the notice of the Administrator or the Administrator’s designee’s decision was placed in the mail to the address provided by the applicant. The notice of appeal shall include all evidence and legal arguments which the applicant wishes the City, and any reviewing court, to consider. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.810 Decision by City Manager.

The decision made by the City Manager, or the City Manager’s designee, shall be in writing, stating the legal and factual bases for the decision. The decision shall be final and conclusive. (Ord. 05-9, 6/28/05)

Part 9. Enforcement

15.46.900 Inspection.

The Administrator or the Administrator’s designee may inspect project sites for compliance with this chapter. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)

15.46.910 Civil Action.

Violation of any provision of this chapter may be enforced by any means available to the City, including, but not limited to, an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter. (Ord. 05-9, 6/28/05)

15.46.920 Infraction.

Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation, a fine not to exceed two hundred dollars ($200.00) for the second violation within one year, and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. An applicant shall be guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the applicant. Where the violation is the failure to achieve the diversion requirement applicable to the project and the C&D materials from the project have already been transported for disposal in a landfill or transformation facility, the violation shall be deemed to have ceased after a period of ten (10) days. The City shall recover costs and attorneys’ fees incurred in connection with enforcement of this chapter. (Ord. 05-9, 6/28/05)

15.46.930 Enforcement.

Enforcement may be undertaken by the City through its Administrator, or the Administrator’s designee, and the City Attorney. (Ord. 05-9, 6/28/05; Ord. 06-7 § 1, 10/10/06)