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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)
A. All applicants for covered project permits shall complete and submit a Waste Management Plan as part of the application packet. The Waste Management Plan shall include the information required by the Green Building Standards Code of the City of Brea and the following information, calculated with the conversion rate, and shall be attested to by the applicant, under penalty of perjury, as true and correct for all stated facts and as a best estimate based on all information reasonably available about the project when all of the facts cannot be ascertained:
1. The estimated volume or weight of construction and demolition debris, listed for each material;
2. The estimated volume or weight of construction and demolition debris that can be diverted for each material;
3. The estimated volume or weight of construction and demolition debris that will be land- filled as solid waste;
4. The identification of the vendor or facility that will collect or receive the construction or demolition debris or that will deconstruct the structure; and
5. The estimated date on which demolition or construction is to commence.
(Ord. 1097, passed 2-6-07; Am. Ord. 1218, passed 10-6-20)
A. Time for review. A Waste Management Plan shall be approved or denied no later than fifteen (15) business days after a completed application is filed. The approval may include conditions reasonably necessary to meet the standards of this chapter.
B. Notwithstanding any other provision of this chapter, no building or demolition permit shall be issued for any covered project unless and until the Waste Management Plan has been approved. No Waste Management Plan shall be approved unless the Waste Management Plan Compliance Official makes the following findings:
1. All of the information required by § 8.29.070 has been provided; and
2. The plan establishes a mechanism that will cause the diversion requirement to be met. Use of the city's permitted waste hauler, or recycling companies that use their own collection bins and own trucks to haul construction and demolition recyclable waste, will qualify as a mechanism to meet the diversion rate. Except as otherwise provided herein, no third party haulers may be used to satisfy this chapter's waste diversion requirements. Use of any other non-permitted waste hauler is a violation of the city's Solid Waste Code and will not be approved.
C. If the Waste Management Plan Compliance Official makes the findings required by this section, then he or she shall mark the Waste Management Plan "Approved," return a copy of the Waste Management Plan to the applicant, and notify the Building Official that the Waste Management Plan has been approved.
D. Denial. If the Waste Management Plan Compliance Official denies the Waste Management Plan, the grounds for denial shall be set forth in writing provided to the applicant, along with the advisement that the denial may be appealed pursuant to this chapter.
(Ord. 1097, passed 2-6-07)
A. Documentation. Unless the applicant has been granted a complete exception pursuant to § 8.29.100, then prior to the completion of any covered project, the applicant shall submit to the Waste Management Plan Compliance Official the documentation required under the Green Building Standards Code of the City of Brea and a written statement signed under penalty of perjury, establishing that the diversion requirement has been met. The diversion requirement shall be as set forth in § 8.29.050 of this chapter. If the applicant has been granted a partial exception pursuant to § 8.29.100, the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Plan Compliance Official for the project. If the applicant has used the city’s permitted waste hauler and ordered a C&D industrial roll off to meet the diversion requirements of this chapter, then no further documentation shall be required. For those applicants whose projects do not use the permitted waste hauler with a C&D industrial roll off, the documentation shall include the following:
1. The dates demolition and construction actually commenced;
2. The actual volume or weight of construction and demolition debris, listed for each material;
3. The actual volume or weight of construction and demolition debris that was diverted for each listed material;
4. A specification of the method used to determine the volume and weight, and a certification
satisfactory to the Waste Management Plan Compliance Official that the method used was the most accurate, commercially reasonable method available; and
5. Original receipts from all vendors and facilities, that collected or received construction and demolition debris, indicating actual weights and volumes received by each.
B. Weighing of wastes. Applicants shall make reasonable efforts to ensure that, whether diverted or land-filled, all construction and demolition debris is measured and recorded, using the methods of measurement required under the Green Building Standards Code of the City of Brea. If not using the city’s permitted waste hauler, then all construction and demolition debris shall be weighed. In those instances in which, due to small size or other considerations, weighing construction and demolition debris is not practical, a volumetric measurement shall be used. To convert volumetric measures to weight, the applicant shall use the standardized conversion rates approved by the Waste Management Plan Compliance Official for this purpose.
C. Determination of compliance and release of building permit. Unless the applicant has been granted a complete exception pursuant to § 8.29.100, the Waste Management Plan Compliance Official shall review the information submitted under subparagraph A. of this section and determines which of the following compliance levels best describes the extent to which the applicant has complied with the diversion requirements:
1. Full compliance. If the Waste Management Plan Compliance Official determines that the applicant has fully complied with the diversion requirement, he or she shall allow final inspection of the work and release of the final building permit.
2. Good-faith effort to comply. If the Waste Management Plan Compliance Official determines that the diversion requirements have not been achieved, he or she shall determine, on a case- by-case basis, whether the applicant has made a good- faith effort to comply with the diversion requirement. In making this determination, the Waste Management Plan Compliance Official shall consider the availability of markets for the construction and demolition debris land-filled, the size of the project and the documented efforts of the applicant to divert construction and demolition debris. If the Waste Management Plan Compliance Official determines that the applicant has made a good-faith effort to comply with the diversion requirement, he or she shall allow final inspection of the work and release of the final building permit.
3. Noncompliance. If the Waste Management Plan Compliance Official determines that the applicant has not made a good-faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by subparagraph A. of this section within the required time period, then the Waste Management Plan Compliance Official shall so notify the applicant and Building Official. The Building Official shall not allow final inspection of the work or release of the final building permit until the applicant has been determined to be in full compliance, or to have made a good-faith effort to comply, with the waste diversion requirements of this chapter.
(Ord. 1097, passed 2-6-07; Am. Ord. 1218, passed 10-6-20)
Prior to commencing demolition or construction, an applicant may request a partial or complete exception from the requirements of this chapter through the following process:
A. Initiation. This exception process shall be initiated by filing a completed exception application with the Waste Management Plan Compliance Official. The Waste Management Plan Compliance Official shall determine the completeness of the exception application within five (5) business days of filing.
B. Decision on application. The Waste Management Plan Compliance Official shall either make all of the required findings and grant a partial or complete exception, or state in writing why all of the findings cannot be made and deny the application. A decision on the application shall be rendered within ten (10) business days following determination that the application is complete.
C. Findings. All of the following findings must be made prior to the approval of an exception:
1. There are exceptional or extraordinary circumstances or conditions applicable to the project that does not apply generally to similar projects;
2. Granting the application will not constitute a grant of a special privilege inconsistent with limitations imposed on like projects; and
3. Cost to the applicant to strictly comply with this chapter is not the primary reason for applying for, or granting, an exception.
(Ord. 1097, passed 2-6-07)
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