Chapter 8.20
SOLID WASTE

Sections:

Article I. Collection and Disposal

8.20.010    Definitions.

8.20.020    Keeping and deposit of refuse.

8.20.030    Accumulation of refuse.

8.20.040    Placing refuse on street, sidewalk, alley, or public place.

8.20.050    Unlawful collection.

8.20.060    Receptacles required.

8.20.070    Refuse service required.

8.20.080    Authorized collectors.

8.20.090    Inspection of sanitary conditions; disputes or complaints regarding collection service.

8.20.100    Interference with collection.

8.20.110    Burning of refuse in public places prohibited.

8.20.120    Burning of refuse on private property.

8.20.130    Identification of receptacles of persons occupying multiple dwellings.

8.20.140    Council to set collection regulations.

8.20.150    Equipment for collecting refuse.

8.20.160    Collectors not to spill refuse.

8.20.170    Care of garbage trucks.

8.20.180    Contracts for refuse collection.

8.20.190    Disposition of garbage.

8.20.200    Duties of contractors.

8.20.210    Charges for collection.

8.20.220    Disposal of refuse on property of another.

8.20.230    Abatement procedure.

Article II. Source Reduction and Recycling

8.20.240    Purpose.

8.20.250    Definitions.

8.20.260    Source reduction/recycling plans required.

8.20.270    Exemptions from plan requirement.

8.20.280    Plan review fee.

8.20.290    Contracts for collection of recyclable materials.

8.20.300    Violations.

8.20.310    Appeals.

8.20.320    Severability.

Article III. Construction and Demolition (C&D) Waste Recycling

8.20.330    Intent and purpose.

8.20.340    Definitions.

8.20.350    Covered projects.

8.20.360    Diversion requirements.

8.20.370    Performance security.

8.20.380    Requirements of the applicant for a covered project.

8.20.390    Program fee.

8.20.400    Solid waste including C&D material handling.

8.20.410    Reporting.

8.20.420    Compliance.

8.20.430    Appeal.

8.20.440    Enforcement.

8.20.450    False information.

Cross references: Health and sanitation, Title 8; depositing dead animals, garbage or refuse, § 8.10.050; manufactured homes, mobile homes, and trailers, Ch. 15.105; utilities, Title 13; prohibited uses; depositing dirt, rubbish or other material, § 9.30.020.

Article I. Collection and Disposal

8.20.010 Definitions.

For the purpose of this article, and whenever the same are used herein, the following words, terms, and phrases shall have the meaning ascribed to them as hereinafter set forth, except where the context clearly indicates a different meaning:

Garbage. All putrefactive or easily decomposable animal or vegetable matter which is likely to attract flies or rodents and which has no property value, including dead animals of less than 10 pounds in weight. The term garbage shall likewise include all useless material normally produced in the preparation, cooking, and consumption of food, as well as tin cans and other food containers used in conjunction with such preparation.

Garbage collector. As used herein, shall mean an agent or an employee of the city or any person with whom the city shall have duly contracted under the terms hereinafter set out in this article to collect and transport refuse through, in, and from the city.

Garden waste. Grass, shrubs, weeds, leaves, tree and shrub trimmings, and similar vegetable matter.

Junk. Trash, scrap, waste material, rubbish, dirt, litter, debris, and similar matter and materials, but excluding garbage, swill, and garden waste. Examples of junk shall include, but not be limited to, metals, concrete, rocks, earth, sand, milled wood, rough lumber, glass, rubber, leather, bricks, minerals, plastics, oils, grease, rags, crockery, cardboard, paper, cans, bottles, jars, ashes and house sweepings, vehicle parts, packing boxes, and similar items. Junk shall also include, but not be limited to, the following when located out-of-doors: any refrigerator, washing machine, clothes dryer, sink, stove, heater, boiler, tank, toilet, appliances, household equipment or machinery, furniture (other than furniture designed and used for outdoor activities), parts of any of the above, and similar items, but shall not include any machinery or equipment installed for household and recreational use which is in a fully operational condition.

Person. Every natural person, firm, co-partnership, association, or corporation.

Premises. Any dwelling, place of residence, roominghouse, hotel, club, restaurant, boardinghouse, eating place, shop, and place of business or any other building, grounds, or location where refuse is or may be produced or accumulated, including all sidewalk, curb, gutter, and street and alley areas adjacent thereto.

Refuse. Includes all types of waste materials such as hereinbefore in this article defined under the headings of garbage, swill, junk, and garden waste.

Refuse collection. The collection, transportation, hauling, altering, shredding, compacting, processing, moving, removing, collecting, purchasing, selling, transporting, or disposing of refuse within the city limits.

Swill. All putrefactive or easily decomposable animal or vegetable matter which is likely to attract flies or rodents and which has a property value.

Swill collector. As used herein, shall mean an agent or an employee of the city or any person with whom the city shall have contracted, under the terms hereinafter set out in this article, to collect and transport swill through, in, and from the city.

(Code 1965, § 5400; Code 2002, § 82-31. Ord. No. 213; Ord. No. 687; Ord. No. 998; Ord. No. 86-13; Ord. No. 06-4, § 4)

Cross references: Definitions generally, § 1.05.100.

8.20.020 Keeping and deposit of refuse.

It shall be unlawful for any person to place, deposit, keep, or bury any refuse on, in, or under any premises, except in containers as hereinafter provided. It shall be unlawful for any person to deposit any refuse in any city sewer or plumbing fixture or pipe connected thereto, except through an approved mechanical device which shreds and grinds refuse.

(Code 1965, § 5401; Code 2002, § 82-32. Ord. No. 213; Ord. No. 06-4, § 4

8.20.030 Accumulation of refuse.

It shall be unlawful for the owner, occupant, or person in charge of any premises to allow the accumulation of any refuse in, on, or under any premises at any time which is, or may become, a menace to health and sanitation or a fire hazard. It shall be unlawful for the owner, occupant, or person in charge of any premises to ever at any time suffer, permit, or allow any refuse of any kind to remain in, on, or under such premises for a period in excess of seven days. All refuse shall be kept in containers as hereinafter provided. Notwithstanding the foregoing, junk which is too large or bulky to be placed in such receptacles may be kept instead in an enclosed structure or storage unit.

(Code 1965, § 5402; Code 2002, § 82-33. Ord. No. 213; Ord. No. 86-13; Ord. No. 87-32; Ord. No. 06-4, § 4)

8.20.040 Placing refuse on street, sidewalk, alley, or public place.

It shall be unlawful for any person to throw, place, scatter, or deposit, or cause to be thrown, placed, scattered, or deposited, upon any street, sidewalk, alley, or public place in the city, any refuse, except that a property owner may place properly packaged materials at the curb on regularly scheduled days provided by the city’s authorized disposal service for removal of the same.

(Code 1965, § 5403; Code 2002, § 82-34. Ord. No. 213; Ord. No. 687; Ord. No. 06-4, § 4)

Cross references: Streets, sidewalks, and other public places, Title 12.

8.20.050 Unlawful collection.

The city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire, reserves unto itself the exclusive right to collect refuse produced or found within the corporate limits of said city. It shall be unlawful for any person to collect refuse within the city, except as in this article expressly provided.

(Code 1965, § 5404; Code 2002, § 82-35. Ord. No. 213; Ord. No. 235; Ord. No. 998; Ord. No. 06-4, § 4)

8.20.060 Receptacles required.

(a) Businesses. It shall be the duty of the proprietor, manager, owner, or lessee of any hotel, restaurant, cafe, boardinghouse, eating house, roominghouse, or other place of business to provide galvanized iron or other metal receptacles with tight-fitting covers for the same, for receiving and holding all of the garbage and swill produced, created, or accumulated upon said premises between the times for the collection of garbage and swill, and to deposit all such garbage and swill therein. All such receptacles shall be kept in a sanitary condition at all times, and shall be located in such places on the premises as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street or other public place in said city or in such a place or manner as to constitute a nuisance.

(b) Residences. It shall be the duty of every owner, tenant, lessee, or occupant of any private dwelling house to provide a waterproof receptacle with tight-fitting cover, for receiving and holding all of the garbage and swill produced, created, or accumulated upon said premises between the times for the collection of garbage and swill, and to deposit all such garbage and swill therein. All such receptacles shall be kept in a sanitary condition at all times and shall be located in such places on the premises as to be readily accessible for removing and emptying the same. Any such receptacle(s) may be placed within the limits of the public right-of-way immediately adjacent to, or serving, the premises, provided it is placed in a manner as to not interfere with the use of the public right-of-way or in a manner as to constitute a nuisance.

(Code 1965, § 5405; Code 2002, § 82-36. Ord. No. 213; Ord. No. 687; Ord. No. 83-22; Ord. No. 06-4, § 4)

8.20.070 Refuse service required.

All occupied premises within the city shall have refuse service as herein provided.

(Code 1965, § 5406; Code 2002, § 82-37. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.080 Authorized collectors.

The collection, removal, and disposal of refuse may be performed by the city under the direction of the City Council, or by any person with whom the city has entered, or may enter, into a contract or contracts for the collection, removal, and disposal thereof. It is hereby declared unlawful for any other person than those above stated to remove, convey, or cause to be removed or conveyed any refuse as hereinbefore defined upon or along any street or alley or any other public place in the city without a special written permit as herein provided, except as otherwise in this article especially provided.

(Code 1965, § 5407; Code 2002, § 82-38. Ord. No. 213; Ord. No. 235; Ord. No. 06-4, § 4)

8.20.090 Inspection of sanitary conditions; disputes or complaints regarding collection service.

The City Council, or other duly authorized representative of the city designated by the Council, shall visit all premises within the city limits from time to time and examine the sanitary conditions of said premises to determine whether the provisions of this article are complied with. Upon notification by the Council, or other authorized representative thereof, all persons, including the garbage collector and the swill collector, shall comply with the provisions of this article or be deemed guilty of a misdemeanor. In all cases of disputes or complaints arising from or concerning the place where receptacles for any kinds of refuse shall be placed awaiting removal of their contents, the quantities to be removed, the number of times of removal, and the rates charged, the Council shall designate the place, the estimated quantities, the times and manner of removal, and the rates, and its decision shall be final.

(Code 1965, § 5408; Code 2002, § 82-39. Ord. No. 213; Ord. No. 235; Ord. No. 06-4, § 4)

8.20.100 Interference with collection.

It shall be unlawful for any person, firm, or corporation in any manner to interfere with the collection, removal, or disposal of refuse by the authorized garbage and swill collectors.

(Code 1965, § 5409; Code 2002, § 82-40. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.110 Burning of refuse in public places prohibited.

It shall be unlawful for any person to burn any refuse of any kind on any street, alley, park, or public place within the city limits.

(Code 1965, § 5410; Code 2002, § 82-41. Ord. No. 213; Ord. No. 06-4, § 4)

Cross references: Fire prevention and protection, Ch. 15.70; streets, sidewalks, and other public places, Title 12.

8.20.120 Burning of refuse on private property.

Burning refuse on private property within the city is prohibited, unless a permit to do so has first been obtained from the Contra Costa County Consolidated Fire Protection District. Permits shall be subject to any conditions as the Chief of the Contra Costa County Consolidated Fire Protection District shall impose and shall be subject to the regulations of the Bay Area Air Quality Management District. No permit may be issued for the burning of any material which will emit dense soot or smoke or liberate obnoxious odors, nor shall any permit be granted for burning which will create hazards to persons or property. Any permits which may be issued pursuant to the authority of this section shall require that permitted burning be conducted between the hours of 6:00 a.m. and 11:30 p.m. and that the residue from such burning be thoroughly extinguished without delay, so that no smoldering occurs. The Contra Costa County Consolidated Fire Protection District may revoke any permit issued pursuant to this section for failure to comply with the regulations of this Code, with regulations of the Bay Area Air Quality Management District, or such reasonable conditions as the Fire District shall have imposed in granting such permit.

(Code 1965, § 5411; Code 2002, § 82-42. Ord. No. 319; Ord. No. 818; Ord. No. 88-29; Ord. No. 06-4, § 4)

Cross references: Fire prevention and protection, Ch. 15.70.

8.20.130 Identification of receptacles of persons occupying multiple dwellings.

All persons occupying multiple dwellings must mark their receptacles so that the ownership thereof will be known.

(Code 1965, § 5412; Code 2002, § 82-43. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.140 Council to set collection regulations.

The City Council may make such regulations concerning the number and manner of collections of refuse as it may deem necessary to carry out the provisions of this article, but in no case shall collection service less often than once a week be permitted.

(Code 1965, § 5413; Code 2002, § 82-44. Ord. No. 213; Ord. No. 235; Ord. No. 06-4, § 4)

8.20.150 Equipment for collecting refuse.

All refuse collected in the city shall be hauled in collecting equipment approved by the Council. Open-bodied trucks may be used for the collection of refuse; provided, that all garbage or mixed garbage and swill shall be hauled only in approved type trucks.

(Code 1965, § 5414; Code 2002, § 82-45. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.160 Collectors not to spill refuse.

It shall be unlawful for any garbage or swill collector to ever at any time suffer, permit, or allow any refuse to be spilled or scattered at any point between the place of collection and the dump to which the same is hauled.

(Code 1965, § 5415; Code 2002, § 82-46. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.170 Care of garbage trucks.

All trucks used for the hauling of garbage, rubbish, or swill shall be washed frequently and painted once each year and otherwise appear as neat as possible under the circumstances. Each such truck shall be equipped with a tarpaulin or other suitable covering which shall be drawn over the load as completed to full depth, and all refuse in the truck shall be completely covered between points of collection and disposal. The name of the garbage collector shall appear on the side of the trucks in letters not smaller than six inches high, and there shall also be an identifying number on each truck.

(Code 1965, § 5416; Code 2002, § 82-47. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.180 Contracts for refuse collection.

The City Council may let contracts, grant franchises, or enter into agreements with any person, firm, or corporation for the collection of refuse. Such contract, franchise, or agreement may be revoked at any time by the City Council for noncompliance with the provisions of this article or for violation of such contract, franchise, or agreement. The refuse collector shall charge for the collection of refuse at the rates specified by this article. It shall be unlawful for any refuse collector to make any charge for the collection of refuse in excess of the charges herein provided.

(Code 1965, § 5417; Code 2002, § 82-48. Ord. No. 213; Ord. No. 235; Ord. No. 998; Ord. No. 06-4, § 4)

8.20.190 Disposition of garbage.

The garbage collector and swill collector shall dispose of all refuse outside the city limits at dumps to be provided by them.

(Code 1965, § 5418; Code 2002, § 82-49. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.200 Duties of contractors.

Any person with whom the city contracts for the collection and disposal of refuse shall collect, haul, and dispose of all such refuse in strict compliance with all federal, state, county, district, and city health laws, ordinances, rules and regulations, and under the supervision and to the satisfaction of the City Council.

(Code 1965, § 5419; Code 2002, § 82-50. Ord. No. 213; Ord. No. 06-4, § 4)

8.20.210 Charges for collection.

(a) The city or any garbage collector entering into a contract with the city for the collection and disposal of refuse from residential premises shall charge for the collection of such refuse at the rates established in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) Commercial charges will be agreed upon between the collector and the merchants involved and fixed at a figure commensurate with the time spent, the frequency of collection, and the character of refuse removed. In case of dispute, the City Council will fix the commercial charge.

(c) Billing for garbage services shall be made at least once every three months. The city may, for good cause, authorize such billing in advance. Any premises, the owners or occupants of which are in arrears in payment of the prescribed fees for four or more months, shall be refused collection service, but only after the giving of a 10-day notice of intention to terminate service. A statement of reasons therefor shall be filed by the collector with the City Clerk.

(Code 1965, § 5420; Code 2002, § 82-51. Ord. No. 213; Ord. No. 369; Ord. No. 686; Ord. No. 849; Ord. No. 968; Ord. No. 1079; Ord. No. 1178; Ord. No. 06-4, § 4)

8.20.220 Disposal of refuse on property of another.

It shall be unlawful for any person to dispose of any refuse upon the private property of another person, or to deposit such refuse in a receptacle belonging to another person, without permission being first had and obtained from the owner or lessee thereof.

(Code 1965, § 5421; Code 2002, § 82-52. Ord. No. 889; Ord. No. 88-29; Ord. No. 06-4, § 4)

8.20.230 Abatement procedure.

(a) Authorized. In addition to the civil, criminal, and administrative remedies available, if a property owner and/or person responsible fails to voluntarily abate a violation of this article within the time and in the manner specified in the abatement notice, the city may abate the violation under the procedure set forth in Section 8.25.080.

(b) Payment of costs. The city may pursue any and all legal and equitable remedies for the recovery of fines, costs, and/or associated charges owed to the city as set forth in Section 8.25.090. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and abatement charges have been recovered.

(Code 1965, § 5422; Code 2002, § 82-53. Ord. No. 84-16; Ord. No. 88-29; Ord. No. 99-1; Ord. No. 99-2; Ord. No. 06-4, § 4)

Article II. Source Reduction and Recycling

8.20.240 Purpose.

Assembly Bill 939, the Source Reduction and Recycling Act (Public Resources Code Section 40000 et seq.) requires all cities and counties to reduce the amount of waste going to the landfill by 25 percent by 1995 and 50 percent by the year 2000. To reduce waste going to the landfill, it is necessary that all existing and future development be required to participate by designing and implementing plans to reduce and recycle waste.

(Code 1965, § 5430; Code 2002, § 82-81. Ord. No. 91-19)

8.20.250 Definitions.

For purposes of this article, unless the context clearly indicates otherwise, certain words and phrases have the meanings given in this section:

Development. Any new or existing project, facility, or building, the users of which generate waste within and/or on the property.

Facility. Something that is installed or established to serve a particular purpose.

Plan. An adopted written policy approved by the city describing how waste reduction and recycling is to be accomplished within a development.

Recoverable material. Material which is capable of being retrieved or diverted from disposal or transformation for the purpose of recycling, reuse, and composting. Recoverable material does not include those materials generated from and reused on-site for manufacturing purposes.

Recycling. The process by which material which would otherwise be disposed of is collected and reused to make another product after its first use is completed and for which a market is identified for the collected materials.

Source reduction. Efforts taken to minimize the quantity of waste generated and entering the waste stream.

Waste. The unwanted byproduct of manufacturing, office work, or commercial operations.

(Code 1965, § 5431; Code 2002, § 82-82. Ord. No. 91-19)

Cross references: Definitions generally, § 1.05.100.

8.20.260 Source reduction/recycling plans required.

(a) By December 31, 1995, all existing facilities and development over 10,000 square feet shall design and implement city-approved source reduction/recycling plans for white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials in accordance with the Guidelines for Source Reduction/Recycling Plans on file with the Planning Division of the city.

(b) All new development, new occupancies requiring city approval, and physical expansions of buildings or uses exceeding 10,000 square feet shall submit a source reduction/recycling plan addressing white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials in accordance with the Guidelines for Source Reduction/Recycling Plans on file with the Planning Division of the city. The proposed source reduction/recycling plan shall be submitted for approval by the city at the time of filing a development application.

(c) Residential development which includes common facilities shall include a plan for recycling in the design of common areas.

(Code 1965, § 5432; Code 2002, § 82-83. Ord. No. 91-19)

8.20.270 Exemptions from plan requirement.

The following are exempt from the requirements of Section 8.20.260:

(1) Single-family dwellings and other uses which participate in the citywide curbside recycling program;

(2) Individual tenants of multitenant buildings;

(3) New occupancies of [or] existing development of 10,000 square feet or less.

(Code 1965, § 5433; Code 2002, § 82-84. Ord. No. 91-19)

8.20.280 Plan review fee.

The fee charged for city review and approval of source reduction/recycling plans shall be an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 5434; Code 2002, § 82-85. Ord. No. 91-19)

8.20.290 Contracts for collection of recyclable materials.

(a) The City Council may grant franchises or enter into agreements with any person, firm, or corporation for the collection, processing, and marketing of recyclable materials from designated collection locations within the city limits upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the city, and consistent with the provisions of state law. In such event it shall be unlawful for any person, firm, or corporation other than the franchised contractor to collect, process, or market recyclable materials from the designated collection locations. Such contract, franchise, or agreement may be revoked at any time by the City Council for noncompliance with the provisions of this article or for violation of such contract, franchise, or agreement.

(b) Nothing in this article shall limit the right of an individual to donate, sell, or otherwise dispose of his recyclable materials or shall limit the right of community organizations (e.g., schools, churches, youth groups) to collect such donations.

(Code 1965, § 5435; Code 2002, § 82-86. Ord. No. 91-19)

8.20.300 Violations.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this article shall be guilty of an infraction, punishable in accordance with Chapter 1.05.

(Code 1965, § 5436; Code 2002, § 82-87. Ord. No. 91-19)

8.20.310 Appeals.

The decision of the Director of Community Development concerning application of this article shall be final and such action is not appealable.

(Code 1965, § 5437; Code 2002, § 82-88. Ord. No. 91-19)

8.20.320 Severability.

If any section, subsection, sentence, clause, or phrase of this article is held to be invalid or unconstitutional, such decision does not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

(Code 1965, § 5438; Code 2002, § 82-89. Ord. No. 91-19)

Article III. Construction and Demolition (C&D) Waste Recycling

8.20.330 Intent and purpose.

(a) The intent of this article is to implement a construction and demolition (C&D) materials recycling program to protect the public health, safety and welfare of the community and to achieve the mandate of the California Integrated Waste Management Act by diverting construction and demolition waste from landfills.

(b) Findings.

(1) The state of California requires that each local jurisdiction in the state divert 65 percent of discarded waste materials from landfills. This article will assist the City of Concord achieve this state mandate.

(2) Any city or county deemed by the state of California to be out of compliance with the mandates of the California Integrated Waste Management Act is subject to a fine of up to $10,000 per day.

(3) Construction and demolition waste reduction and recycling programs have proven to decrease the amount of materials that are landfilled and to be cost-effective.

(4) Except in unusual circumstances, it is feasible to divert at least 65 percent by weight of the solid waste including C&D materials from construction and demolition projects and 75 percent by weight of inert debris such as concrete and asphalt. Many other jurisdictions have successfully implemented C&D diversion requirements to increase recycling rates.

(5) The city does not intend, and nothing in this article shall be construed, to regulate in any way hazardous materials, hazardous substances, hazardous waste, or medical waste, as those terms may be variously defined in federal, state or local law or regulation.

(6) The Concord Municipal Code requires that the authority to collect and haul all waste materials, including construction and demolition waste, is assigned to the party the city has selected to haul waste.

(Code 2002, § 82-114. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.340 Definitions.

For purposes of this article the following definitions shall apply:

Affiliate. Any subsidiary company of the applicant or any parent company of the applicant in which the applicant has a financial interest, and which is directly or indirectly under the operational control of the applicant. An applicant’s general contractor, contractor or subcontractor is not an affiliate if the applicant does not have both a financial interest in the affiliate company and operational control of the affiliate company.

Applicant. Any individual, firm, limited liability company, partnership, industry, or private corporation, or any other entity that applies to the city for applicable permits or approvals to undertake any construction, demolition, grading, building, tenant improvement, work in the public right-of-way, or renovation project within the city that requires a demolition permit, building permit, grading permit or encroachment permit. An applicant may be the property owner or an authorized agent acting on behalf of the property owner.

C&D materials. Solid wastes such as building materials, packaging and inert debris resulting from C&D projects. Common C&D materials include but are not limited to: lumber, metals, pipe, wire, sheet metal, asphalt, concrete, stone, brick, slate, masonry, drywall, carpet, carpet padding and foam, packing materials, cardboard, paper, building materials, doors, windows, fixtures, plastics, appliances, ceiling or floor tiles, and green waste or landscape debris related to land development such as soil, brush, trees, rock, branches and stumps.

C&D project. Construction, remodeling, repair, demolition, improvement, encroachment, and grading operations on pavement, houses, commercial buildings, structures and construction sites for which a building, demolition, encroachment or grading permit is required by the City of Concord.

Certified facility. A facility that the city has determined to be capable of handling mixed or unmixed loads of C&D debris, and diverts from the landfill at least 65 percent by weight from the mixed and unmixed (source separated) loads of C&D debris that are delivered to it and, in addition, is capable of diverting from the landfill at least 75 percent by weight of all inert debris delivered to it.

City Franchise Hauler. The City Franchise Hauler shall have the meaning assigned to the term “garbage collector” in Section 8.20.010.

Completion of the covered project. The date the certificate of occupancy for the covered project is issued or, for projects where a certificate of occupancy is not applicable, the date on which the applicable permit was finaled by the city.

Covered projects. Are projects subject to this article and shall have the meaning as defined in Section 8.20.350.

Disposed. Solid waste including C&D material that is land-filled.

Diversion requirement. The diversion from the landfill of at least 65 percent by weight of solid waste including C&D material generated by a covered project and, in addition, the diversion from the landfill of at least 75 percent by weight of inert debris generated by a covered project, by reuse or recycling.

Diverted, divert or diversion. Solid waste including C&D material that is not land-filled.

Final report. Information required in Section 8.20.410 and any supplemental information the Waste Management Compliance Official (WMCO) may require to determine applicant’s compliance with the requirements of this article.

Inert debris. Asphalt, brick, concrete, cinder block and other masonry products, stone, slate, or rock, whether reinforced or unreinforced. All inert debris materials are contained within the definition of “C&D materials” for purposes of this article.

Performance security. A non-interest-bearing deposit in cash, check, money order, or by credit card acceptable to the city as required by Section 8.20.370. The applicant will not be credited with any interest on these funds while held by the city. A corporate surety bond or instrument of credit including a letter of credit may be acceptable as approved by the city on a case-by-case basis.

Program fee. A payment in an amount established by the City Council intended to defray costs to the city for the program established by this article.

Recycling. 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.

Residual. Contaminated material, separated from recyclable materials, that cannot be recycled, composted, marketed, or otherwise utilized, and shall be disposed of as solid waste.

Reuse. The recovery or reapplication of the material for uses similar or identical to its originally intended application, without manufacturing or preparation processes that significantly alter the material.

Self-hauling. The hauling of solid waste including C&D material by the applicant, or an affiliate of the applicant as “affiliate” is herein defined, from the project site to a landfill or recycling facility or for reuse whether the applicant is using their own equipment or has arranged with an affiliate to haul solid waste including C&D material from the project site.

Solid waste. All putrescible and nonputrescible solid, semi-solid and liquid wastes including garbage, trash, refuse, paper, rubbish, ash, industrial waste, C&D material, land clearing waste, discarded home and industrial appliances, and other discarded solid and semi-solid wastes as defined in the California Public Resource Code Section 40191, as that section may be amended from time to time. Solid waste means all such materials defined in PRC 40191 and, in addition, all such materials as defined in Section 8.20.010.

Waste Management Compliance Official (WMCO). The City Manager, his or her designee, or consultant hired by the City of Concord.

(Code 2002, § 82-115. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.350 Covered projects.

(a) Any construction, demolition, addition, alteration, remodel, encroachment, tenant improvement or grading project within the city is considered a covered project when it meets any of the following criteria:

(1) The project requires a demolition, building, encroachment, or grading permit and it is either:

a. A residential or commercial project where total costs are valued at $50,000 or greater, except for demolition projects which are covered projects regardless of permit value;

b. A city-owned or city-sponsored project where total costs are valued at $150,000 or greater; and

c. A residential or commercial roofing or re-roofing project valued at $10,000 or greater, or a project where 50 percent or more of the roof area is replaced, or where a project requires five squares or more of roofing material regardless of permit value.

(b) Any construction, demolition, addition, alteration, remodel, encroachment, tenant improvement or grading project within the city is exempt from the requirements of this article if the city determines that no waste material will be off-hauled from the project site or otherwise generated by the project.

(Code 2002, § 82-116. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.360 Diversion requirements.

The applicant for a covered project shall cause at least 65 percent by weight of the C&D materials generated by the covered project to be diverted from the landfill not counting inert debris and, in addition, shall cause at least 75 percent by weight of all inert debris generated by the covered project to be diverted from the landfill.

(Code 2002, § 82-117. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.370 Performance security.

(a) All applicants with a covered project shall submit a performance security with the building, grading, demolition or encroachment permit application in an amount to be established by the city. Applicants of city-owned or city-sponsored projects shall be exempt from this requirement.

(b) Within 30 days of issuance by the city of a permit for the covered project, applicants utilizing the City Franchise Hauler (CFH) for the hauling of all waste materials from the project site shall submit to the city a copy of their hauling agreement with the CFH for the project. The city shall refund the performance security to the applicant within a reasonable time following receipt of a copy of the hauling agreement between the applicant and the CFH.

(c) If the Waste Management Compliance Official (WMCO) determines that the applicant has complied with the requirements of this article the WMCO shall cause the performance security to be released to the applicant within a reasonable time following acceptance of the applicant’s final report.

(d) If the WMCO determines the applicant has failed to comply with the requirements of this article, the entire performance security shall be forfeited to the city. The WMCO shall notify the applicant in writing of the forfeiture within a reasonable time of denying the applicant’s final report.

(e) All forfeited performance security funds shall be placed in a designated account for the purpose of recovering costs associated with this article and furthering the recycling programs and diversion goals of the city.

(Code 2002, § 82-118. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.380 Requirements of the applicant for a covered project.

The applicant for a covered project shall:

(1) Divert at least 65 percent by weight of all solid waste including C&D material generated by the covered project, and in addition, divert at least 75 percent by weight of all inert debris generated by the covered project;

(2) Pay a program fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(3) Submit a performance security as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(4) Provide a final report to the WMCO within 30 days of the completion of the covered project. Failure to provide a final report to the WMCO within 30 days of the completion of the covered project shall cause the performance security to be forfeited;

(5) Retain a copy of the disposal and recycling receipts for the covered project for at least one year following completion of the covered project. The date of completion of the covered project is defined as the date of the certificate of occupancy of the covered project or, for projects where a certificate of occupancy is not applicable, the date on which the applicable permit was finaled by the city;

(6) Retain a copy of the waiver for a third-party hauler, if one was issued, for at least one year following completion of the covered project;

(7) Allow for an audit by the city or city’s authorized representative of disposal and recycling receipts, records, and waiver for a third-party hauler, if one was issued, for the covered project within one year following completion of the covered project;

(8) Follow the processes required by this article for the hauling of solid waste including C&D material generated by the covered project; and

(9) Meet all other permit requirements as set forth in this article and the Concord Municipal Code.

(Code 2002, § 82-119. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.390 Program fee.

(a) The applicant shall pay a program fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) The intent of the program fee is to defray costs to the city for the program established by this article.

(c) Applicants for all city-owned or city-sponsored projects shall be exempt from paying a program fee.

(Code 2002, § 82-120. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.400 Solid waste including C&D material handling.

The applicant for a covered project shall:

(1) Ensure that at least 65 percent by weight of all solid waste including C&D material generated by a covered project is diverted and, in addition, ensure that at least 75 percent by weight of all inert debris generated by a covered project is diverted. Material that is not recycled can be salvaged and/or reused on site or can be provided to others for reuse and counted as diverted material in the applicant’s final report.

(2) Use the City Franchise Hauler (CFH) to transport the solid waste including C&D material to certified recyclers or other entities with the ability to process the materials so they are diverted from land-filling (exceptions include self-hauling or receiving a waiver granted by the CFH as explained below).

(3) The applicant may self-haul solid waste including C&D materials generated by the covered project or direct an affiliate to conduct hauling activities to achieve the diversion requirement, as “self-haul” and “affiliate” are defined in Section 8.20.340. The applicant is not required to request a waiver from the CFH to self-haul material or to direct an affiliate to conduct hauling. An applicant may only use a nonaffiliated company to haul solid waste including C&D material if the CFH has granted a waiver to the applicant.

(4) If not self-hauling or using an affiliate, applicant is responsible for contacting the CFH to arrange for hauling services or request a waiver from the CFH to allow a nonaffiliated party to transport the C&D material. If the CFH elects to allow a nonaffiliated party to provide service to the applicant, the CFH must grant a written waiver to the applicant to transport solid waste including C&D material.

a. The applicant may request a waiver from the CFH via email or written correspondence and must indicate the time, date, applicant’s name, and permit number for the covered project. The CFH will assign the applicant a waiver number via fax or email.

b. Both the CFH and applicant must maintain a copy of the waiver that indicates date and time, permit number, waiver certification number, and applicant name for each waiver provided. A copy of the waiver must be submitted with the final report.

(5) If the covered project material contains contamination by hazardous substances, the applicant is required to divert 65 percent by weight of non-contaminated material and, in addition, 75 percent by weight of non-contaminated inert debris. Documentation acceptable to the city must be submitted to receive approval for exemption of materials from the requirements of this article due to contamination by hazardous substances.

(Code 2002, § 82-121. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2)

8.20.410 Reporting.

Within 30 calendar days of the completion of any covered project, the applicant shall submit a final report to the WMCO documenting that it has met the diversion requirements for the project. The final report shall include the following documentation:

(1) A summary of efforts to meet the diversion requirement on the form required by the city.

(2) A copy of the hauling agreement with the CFH or a copy of the waiver for a non-affiliated third-party hauler, if one was issued by the CFH for any portion of the project.

(3) If the CFH was utilized for all hauling of solid waste, including C&D material from the project site, submit a copy of all invoices received from the CFH for the covered project. If a third-party hauler or affiliate were utilized or if solid waste materials including C&D materials were self-hauled, submit all receipts from the facility that received C&D material from the covered project showing the actual weight of material accepted at that facility and the amount of the material diverted and disposed. The weight reported must be from scales in compliance with all state and county regulatory requirements for accuracy and maintenance. For solid waste, including C&D material for which weighing is not practical due to small size or other considerations, the material type and a volumetric measurement shall be reported.

(4) If the covered project contains contamination by hazardous substances, the applicant is required to provide documentation showing the contamination pre-existed or occurred through no fault of the applicant and receipts, or other documentation, from the facility that received the contaminated material showing the actual weight of contaminated material accepted.

(5) Any additional information the applicant believes is relevant to describing its efforts to comply in good faith with this article.

(Code 2002, § 82-122. Ord. No. 07-1; Ord. No. 12-4)

8.20.420 Compliance.

(a) The waste management compliance official (WMCO) shall have final discretion in determining compliance.

(b) If the applicant’s final report shows that all solid waste including C&D material generated by a covered project was hauled by the city franchise hauler (CFH) or taken to a certified facility, the applicant shall be considered by the WMCO to be in compliance with this article.

(c) If the applicant’s final report shows that the solid waste including C&D materials generated by a covered project were not hauled by the CFH or taken to a certified facility, the applicant’s final report shall be reviewed by the WMCO to determine compliance.

(d) If the WMCO determines that the applicant’s final report provides sufficient information to determine that the diversion requirement has been satisfied, the WMCO shall notify the applicant of its acceptance in writing.

(e) If the WMCO determines that the applicant has failed to comply with the diversion requirement, the WMCO shall notify the applicant in writing of the applicant’s failure to comply.

(f) If the WMCO determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the WMCO shall determine the minimum feasible diversion requirement for the covered project and shall make a written finding stating reasons for acceptance of a lower diversion requirement. The WMCO may require additional information from the applicant to assist in the determination of infeasibility and waive reporting and response timelines to facilitate the receipt of information from the applicant. Unique circumstances shall include the extent to which waste materials generated by the project are deemed not to be recyclable by the WMCO and the lack of recycling facilities for processing and recycling waste materials generated by the project that are deemed to be recyclable.

(g) If the WMCO determines the final report lacks sufficient information to determine compliance or noncompliance, the WMCO shall notify the applicant of the reasons for the report’s inadequacy in writing. The applicant shall be granted ten (10) business days to respond with the information identified to make its final report adequate. Failure to respond with adequate information within ten (10) business days shall be considered a failure to comply. The WMCO shall notify the applicant in writing of the failure to comply.

(h) If an applicant fails to file a final report within thirty (30) days of the completion of the covered project, the applicant shall be considered to have failed to comply with the requirements of this article and the performance security shall be forfeited. If the WMCO determines that unique circumstances apply, the WMCO may, but is not required to, notify the applicant in writing of its failure to file a final report. The applicant shall be granted ten (10) business days to respond and submit the final report. If the applicant fails to respond within ten (10) business days it shall be considered a failure to comply. The WMCO shall notify the applicant in writing of the determination of the failure to comply and the forfeiture of the performance security within a reasonable time.

(Code 2002, § 82-123. Ord. No. 07-1; Ord. No. 12-4)

8.20.430 Appeal.

The applicant may file an administrative appeal with the City Manager or his or her designee on any ruling the WMCO makes pursuant to this article. Notice of appeal from the ruling of the WMCO must be filed within thirty (30) calendar days of the date of the WMCO’s finding of a failure to comply. The decision of the City Manager or his or her designee relative to any matter within the jurisdiction of the WMCO shall be final and shall not be further appealed to the City Council or to any other city body or official.

(Code 2002, § 82-124. Ord. No. 07-1; Ord. No. 12-4)

8.20.440 Enforcement.

(1) In addition to the forfeiture of the performance security under section 8.20.370(d) for any violation of this ordinance, the city shall have the discretion to take any or all of the following actions: (1) revoke or suspend the building, demolition, grading or encroachment permit of the violator; (2) bring a civil action for restitution and/or damages; (3) seek injunctive relief; and/or (4) refer the violation for prosecution as a misdemeanor.

(2) Final reports are subject to an audit by a WMCO up to one year after the city finals the permit for the covered project. A failed audit is considered a violation of this ordinance and the city shall have the discretion to impose a fine of up to the amount of the original performance security for the covered project.

(3) If any violation of this ordinance is charged as a misdemeanor, the penalty upon conviction of the violator shall be imprisonment in the County Jail for a period not to exceed thirty (30) days or by a fine not to exceed $1,000.

(Code 2002, § 82-125. Ord. No. 07-1; Ord. No. 12-4)

8.20.450 False information.

The submittal of false information to the city by any person in connection with a building, demolition, encroachment, or grading permit application, final report, appeal or audit procedure shall be deemed a violation of this ordinance and shall subject the applicant to enforcement as set forth in section 8.20.440.

(Code 2002, § 82-126. Ord. No. 07-1; Ord. No. 12-4)