Section
8.29.010 Short title
8.29.020 Purpose
8.29.030 Definitions
8.29.040 Application to covered projects
8.29.050 Required diversion rate
8.29.060 Projects exempt
8.29.070 Waste Management Plan requirements
8.29.080 Review of Waste Management Plan
8.29.090 Documentation of waste management compliance
8.29.100 Exception from compliance
8.29.110 Appeal
8.29.120 Violation — penalties — civil remedies
The purpose of this chapter is to reduce landfill waste by requiring an applicant for every covered project, as defined herein, to divert construction and demolition debris resulting from that project, in compliance with state and local statutory goals and policies, and to create a mechanism to secure compliance with the diversion requirements.
(Ord. 1097, passed 2-6-07; Am. Ord. 1218, passed 10-6-20)
For the purposes of this chapter, the following definitions shall apply:
APPLICANT. 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 any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.
CONSTRUCTION. The building or enlargement of any structure, or any portion thereof, and includes without limitation alterations or improvements to an existing structure.
CONSTRUCTION AND DEMOLITION DEBRIS. The excess or discarded materials, which are removed from a site during or after the construction or demolition of any structure, fence, wall, or paving.
CONVERSION RATE. The rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, approved by the California Integrated Waste Management Board.
COVERED PROJECT. Any project consisting of demolition work regardless of cost, any competitively bid public works construction project, or any new construction and demolition, addition, or alteration project subject to the waste diversion requirements set forth in the Green Building Standards Code of the City of Brea.
DECONSTRUCTION. To disassemble any facility, structure or building, whether in whole or in part, whether interior or exterior, piece by piece, in order to salvage the materials and parts.
DEMOLITION. The razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, or interior or exterior.
DIRECTOR OF MAINTENANCE SERVICES. The Director of Maintenance Services for the city, or designee.
DIVERSION REQUIREMENT. The diversion rate for construction and demolition debris generated by a project, as established in this chapter, or reduced diversion rate authorized pursuant to § 8.29.100, or diversion of construction and demolition debris generated by a project through the exclusive use of the city's permitted waste hauler (see § 8.29.050).
DIVERT AND DIVERSION. Activities that reduce or eliminate the amount of construction and demolition debris generated by a project from landfill disposal for purposes of the Green Building Standards Code of the City of Brea.
PAVING. Driveways, walkways, parking areas, streets and sidewalks.
PERMIT. Any building or demolition PERMIT.
PERMITTED WASTE HAULER. A waste hauler holding an exclusive permit to collect and haul solid waste and/or recyclable materials within the city.
PROJECT. Any proposal for new or changed use, or for new construction, demolition, alteration or enlargement of any structure, that requires a permit from the city.
RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace, as also defined in the Green Building Standards Code of the City of Brea.
STRUCTURE. Anything constructed or erected that requires a location in the ground, including any building, swimming pool, driveway or walkway, but not including a fence or wall not used to support any other structure.
WASTE MANAGEMENT PLAN. A written plan for diverting construction and/or demolition debris submitted to the city, as required by this chapter.
WASTE MANAGEMENT PLAN COMPLIANCE OFFICIAL. The designated administrator of the Sanitation Division of the Maintenance Services Department.
(Ord. 1097, passed 2-6-07; Am. Ord. 1218, passed 10-6-20)
A. Each covered project shall meet the diversion requirement, and shall otherwise comply with all provisions of this chapter.
B. Compliance with the provisions of this chapter shall be a prerequisite for issuance of any building or demolition permit for a covered project.
(Ord. 1097, passed 2-6-07)
(A) The applicant/permit holder for a covered project shall divert, at a minimum, the required percentage of the construction and demolition debris resulting from the project as set forth in the provisions of the Green Building Standards Code of the City of Brea.
(B) The applicant/permit holder for a covered project shall comply with the diversion methods set forth in this chapter and in the Green Building Standards Code of the City of Brea. The diversion rate will be presumed to have been met if all construction and demolition debris is collected using a C&D industrial roll off and hauled by the city’s permitted waste hauler.
(Ord. 1097, passed 2-6-07; Am. Ord. 1218, passed 10-6-20)
The following projects are exempt from the requirements of this chapter:
A. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined in writing by any public safety official or code compliance officer of the city, prior to demolition.
B. Projects exempt from waste diversion requirements pursuant to the Green Building Standards Code of the City of Brea.
(Ord. 1097, passed 2-6-07; Am. Ord. 1218, passed 10-6-20)
Loading...