(a) General requirements.
(1) Class 1 projects shall demonstrate to the County compliance with the diversion requirements stated in section 68.516 using the enhanced compliance method described in section 68.514(b).
(2) Class 2 projects are required to self-certify compliance in the same manner as Class 3 projects until December 31, 2020. Commencing January 1, 2021, Class 2 projects shall demonstrate to the County compliance with the diversion requirements stated in section 68.516 using the enhanced compliance method described in section 68.514(b) or the approved collector compliance method described in section 68.514(c).
(3) Class 3 projects are required by the County to self-certify their compliance with the diversion requirements stated in section 68.516 through the following steps: (i) acknowledging and documenting C&D diversion requirements stated in section 68.516 on project documents and/or drawings; (ii) diverting C&D through the methods specified in section 68.516; and (iii) maintaining documentation at the project site of the types and quantities of materials diverted and disposed and diversion methods used as required by section 68.518 to demonstrate compliance to the County with the diversion requirements stated in section 68.516.
(b) Enhanced compliance method.
(1) The enhanced compliance method allows Class 1 and Class 2 applicants and DMP permittees to plan and demonstrate compliance with the diversion requirements using one or more of the allowable diversion methods specified in section 68.516(h).
(2) The enhanced compliance method involves the following steps:
i. Applicant submits a DMP to the County for review by the DMP compliance official pursuant to this section 68.514(b) prior to the beginning of any excavation, grading, construction, or demolition activities at the applicable project site with a separate DMP provided for planned excavation and grading under the project's grading permit(s), planned demolition under project's demolition permit(s), and planned construction under the project's building permit(s);
ii. Applicant submits a performance guarantee with the DMP pursuant to section 68.515;
iii. DMP compliance official reviews the DMP and approves it if the DMP compliance official determines all of the following conditions have been met: DMP is complete; planned C&D material types, quantities, and diversion methods are reasonable; and planned C&D quantities and diversion methods meet the diversion requirements;
iv. DMP compliance official reviews the performance guarantee submitted for compliance with the performance guarantee requirements and accepts the guarantee or notifies applicant of deficiencies;
v. DMP permittee diverts C&D during the excavation, grading, construction, or demolition activities to comply with the diversion requirements using allowable diversion methods specified in section 68.516(h);
vi. DMP permittee maintains documentation pursuant to section 68.518;
vii. DMP permittee submits a DMR documenting diversion of C&D performed pursuant to section 68.514(f), no later than 180 days after the County issues a passed final inspection notice (or a certificate of occupancy). Separate DMRs are required no later than 180 days after final inspection notice (or certification of occupancy) following completion of excavation and grading under project's grading permit(s), completion of demolition work under project's demolition permit(s), and completion of construction under project's building permit(s). For multi-phase projects, the DMP permittee submits one DMR for each phase of the multi-phase project no later than 180 days after the County issues a passed final inspection notice (or a certificate of occupancy) for the final permit of each phase. If there are multiple grading, excavation, or building permits in a single phase, the date of the final inspection notice (or certificate of occupancy) on the final grading, excavation, or building permit will be used as the start date for the 180-day reporting period for all permits in that phase;
viii. DMP compliance official reviews the DMR and determines the DMP permittee's level of compliance with the diversion requirements; and,
ix. County remits some or all of the DMP permittee's performance guarantee, if warranted, in accordance with section 68.515.
(c) Approved collector compliance method.
(1) The approved collector compliance method allows class 2 applicants and DMP permittees to plan and demonstrate compliance with the diversion requirements using: (i) an approved C&D collector; (ii) on-site reuse of C&D; and/or, (iii) salvage of C&D for off-site reuse. Other diversion methods specified in section 68.516(h) are not allowable under the approved collector compliance method.
(2) The approved collector compliance method involves the following steps:
i. Applicant submits a DMP to the County for review by the DMP compliance official pursuant to this section 68.514(c) prior to the beginning of any excavation, grading, construction or demolition activities at the applicable project site with a separate DMP provided for planned excavation and grading under the project's grading permit(s), planned demolition under project's demolition permit(s), and planned construction under the project's building permit(s); and, such DMP shall include a signed contract between the applicant and an approved C&D collector;
ii. DMP compliance official reviews the DMP and approves it if the DMP is complete, and if estimated reuse and salvage material quantities and plans, if any, are reasonable;
iii. DMP permittee diverts C&D during the excavation, grading, construction, or demolition activities to comply with the diversion requirements through collection of C&D by the approved C&D collector, on-site reuse of C&D, or salvage of C&D for off-site reuse;
iv. DMP permittee maintains records of C&D reused on-site or salvaged for off-site reuse and reports quantities to the approved C&D collector pursuant to section 68.518;
v. The approved C&D collector that collected C&D from the approved project submits a report to a DMP compliance official documenting C&D diversion for the applicable project pursuant to requirements of the NEFA, no later than 180 days after the County issues a passed final inspection notice (or a certificate of occupancy). Separate reports are required no later than 180 days after final inspection notice (or certification of occupancy) following completion of excavation and grading under project's grading permit(s), completion of demolition work under project's demolition permit(s), and completion of construction under project's building permit(s). For multi-phase projects, the approved C&D collector submits one DMR for each phase of the multi-phase project no later than 180 days after the County issues a passed final inspection notice (or a certificate of occupancy) for the final permit of each phase. If there are multiple grading, excavation, or building permits in a single phase, the date of the final inspection notice (or certificate of occupancy) on the final grading, excavation, or building permit will be used as the start date for the 180-day reporting period for all permits in that the phase;
vi. DMP compliance official reviews the approved C&D collector's diversion report and determines the DMP permittee's compliance with the diversion requirements; and,
vii. If diversion requirements are not achieved, County may: (i) investigate the approved C&D collector's compliance with the NEFA diversion requirements and pursue remedies under the NEFA (or in the event no C&D collectors are approved through a valid NEFA, investigate the approved C&D collector's and the DMP permittee's records and diversion performance and take enforcement actions against DMP permittee under section 68.519), (ii) in the case of reporting by DMP permittee of material reuse and salvage, investigate the DMP permittee's diversion records and reporting of reuse and salvage, if any, and, (iii) take enforcement actions against DMP permittee under section 68.519.
(3) A DMP permittee that uses the approved collector compliance method may change to the enhanced compliance method described in section 68.514(b) at any time during the project, provided the DMP permittee submits a revised DMP, submits the appropriate performance guarantee pursuant to section 68.515, and complies with all other requirements of the enhanced compliance method.
(d) Notwithstanding any other provision of this code, no grading, demolition, or building permit shall be issued for any Class 1 or 2 projects unless a DMP compliance official has approved the DMP. Approval shall not be required, however, when emergency demolition is required to protect public health or safety.
(e) The DMP shall include the following information:
(1) The type of project;
(2) The total square footage of the project;
(3) The estimated weight of C&D, by material type, that the project is expected to generate;
(4) The estimated maximum weight of C&D that can feasibly be diverted via reuse, salvage, or recycling;
(5) The estimated weight of C&D that is planned to be disposed of in a landfill;
(6) The name and address of any person, approved C&D collector, and/or approved C&D facility or facilities the applicant proposes to use to collect, process, or receive C&D generated by the project;
(7) For the approved collector compliance method, a signed contract between the applicant and the approved C&D collector; and,
(8) For non-residential addition and alteration projects defined in section 68.516(e), acknowledgement by applicants to properly dispose of universal waste; estimation of the type and amount of universal waste to be generated by the project; and, identification of facilities to be used to dispose of universal waste.
(f) The DMR shall include the following information:
(1) General project information including type of project, permit number, project name, location, contact information, and other information specified by the County;
(2) The total square footage of the project;
(3) Itemized list of C&D material generated by the project, the actual tonnage of each material reused, salvaged, recycled, and/or disposed or estimated tonnage if volumetric conversions were made based on actual volumes;
(4) Diversion calculations; and,
(5) Documentation demonstrating diversion and disposal including:
i. Weight tickets or receipts from approved C&D processing facilities, approved C&D recycling facilities to verify recycling of C&D debris;
ii. Report from approved C&D collector documenting amount of C&D collected, processed, and recycled and the diversion level; and,
iii. Evidence of reuse and salvage pursuant to section 68.518.
(g) The County shall prepare a list of approved C&D processing facilities and C&D recycling facilities that accept C&D in the unincorporated and incorporated areas of the County. The County shall make the lists available to any person upon request.
(h) The County reserves the right to establish a C&D program administration fee for applicable projects to cover costs associated with the receipt, processing, and review of DMPs and DMRs, and verification of applicable project compliance with the requirements of this article.
(i) The DPW Director shall prepare a conversion rate table(s) that shall be used by an applicant or DMR permittee to calculate the weight of C&D based on volumes of C&D when the weight of the material is unavailable.
(Added by Ord. No. 9840 (N.S.), effective 4-20-07; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10657 (N.S.), effective 3-13-20)