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)