(A) Applicability of covered projects. Seventy-five percent of construction and demolition (C&D) debris generated by a covered project shall be diverted in accordance with this section. Failure to comply with any of the terms of this subchapter shall subject the person to the full range of enforcement mechanisms set forth in § 50.99(B).
(B) C&D debris compliance planning.
(1) Re-roofing and re-siding projects. By submitting a registration application for a re-roofing or re-siding project, the applicant agrees to comply with the requirements of this subchapter.
(2) Other permitted projects.
(a) Prior to the issuance, by the County Planning, Building and Development Department (“PB&D”), of a permit for a covered project, the applicant must complete and submit the C&D Debris Compliance Plan, on a form provided by the PB&D. By submitting an application for a covered project and a C&D Debris Compliance Plan, the applicant agrees to comply with the requirements of this subchapter. The Plan must include:
1. A description of the covered project including the number of structures and the gross floor area;
2. Identification of all materials to be diverted from disposal to recyclable C&D debris, recovered wood, and/or alternate daily cover;
3. A description of whether and to what extent materials will be separated on-site or co-mingled;
4. Identification of the vendors or facilities that will collect or receive the construction or demolition debris, and such additional information as the PB&D Director may require demonstrating that the vendor or facility will recycle or divert C&D debris received from the covered project;
5. The estimated date on which the covered project is to commence; and
6. Such additional information as the PB&D Director may require.
(b) Where all of the facts cannot be ascertained, the applicant shall provide the best estimate based on all information reasonably available about the covered project.
(C) Application fee. The application fee for any re-roofing and re-siding project, as described in subsection (B)(1) above, shall be $5, in addition to all other permit or registration related fees. The application fee for any covered project, as described in subsection (B)(2) above, shall be $20, in addition to all other permit related fees. The application fee must be payable to the Lake County Treasurer and must be submitted with the application.
(D) Review of C&D debris compliance plan.
(1) Approval. Notwithstanding any other provision of this subchapter, the Lake County PB&D Department shall not issue a permit for a covered project without an acceptable C&D Debris Compliance Plan and application fee.
(2) Denial. If it is determined that the C&D Debris Compliance Plan is incomplete or fails to demonstrate that at least 75% of all C&D debris generated by the covered project will be diverted, the C&D Debris Compliance Plan shall be returned to the applicant marked “failed”. Upon the return of the C&D Debris Compliance Plan, the applicant may make necessary changes and resubmit the C&D Debris Compliance Plan or request a variance, in writing, from the requirements of this section, to be approved by the PB&D Director, in consultation with SWALCO.
(E) C&D debris compliance report. Not less than ten business days prior to the scheduled date for the final inspection of a covered project subject to this section, the applicant shall complete and submit the C&D Debris Compliance Report provided by PB&D. The C&D Debris Compliance Report must include the following information:
(1) The date(s) demolition and/or construction commenced;
(2) The weight of C&D debris that was generated at the project site;
(3) The weight of C&D debris that was diverted to achieve the 75% diversion requirement;
(4) The final calculation demonstrating compliance with the 75% diversion requirement; and
(5) Original receipts from all vendors and facilities which collected or received C&D debris, indicating weights received by each.
(F) Determination of compliance.
(1) Compliance. The information submitted under subsection (E) above shall be reviewed in order to determine whether the applicant has complied with the Diversion Requirement.
(2) Non-compliance. If it is determined that the applicant has not complied with subsection (A) above, enforcement shall occur under the terms of § 50.99(B).
(3) Extraordinary circumstances. If the diversion requirement has not been achieved due to extraordinary circumstances, the applicant may request a variance, in writing, from the requirements of § 50.04, to be approved by the PB&D Director, in consultation with SWALCO.
(G) Variance criteria. The PB&D Director may grant a variance from the requirements of § 50.04 only if the PB&D Director finds that all of the following have been met.
(1) There are exceptional or extraordinary circumstances applicable to the project that do not apply to similar projects and that make compliance with the section impracticable.
(2) Granting the variance will not constitute a grant of special privilege inconsistent with limitations imposed on similar covered projects.
(3) Cost to the applicant of strict compliance with this section is not the primary reason for granting the exception.
(1977 Code, § 1:4-9) (Ord. passed - -2005; Ord. passed 6-11-2013; Ord. 17-1208, passed 11-14-2017)