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(a) A DMP permittee shall achieve diversion of C&D for the applicable project through one or more of the diversion methods identified in section 68.516(h) such that the diversion equals:
(1) 65% diversion of C&D generated by the construction and demolition projects, which shall include, at a minimum, 90% diversion of inert material generated by an applicable project; and,
(2) 100% diversion of excavated soils, trees, stumps, rocks, and associated vegetation and soils from the following types of applicable projects: (i) non-residential excavation and grading projects; and, (ii) residential projects that require major grading permits as defined in section 87.208 of this code.
(b) When evaluating compliance with the 65% diversion requirement for a project, the tonnage of materials diverted, including inert materials, will be included in the calculations.
(c) Excavated soil and land-clearing debris that is contaminated by disease or pests are not required to be reused on- or off-site, provided that: (i) the County Agricultural Commissioner has made a determination of disease or pest contamination and permittee follows commissioner's direction for recycling or disposal of the material, (ii) the materials are generated in a known pest and/or disease quarantine zone identified by the California Department of Food and Agriculture, or (iii) the materials are otherwise not required to be reused under the CALGreen Code.
(d) For an applicable project that is one phase of a multi-phase project, excavated soil and land-clearing debris may be stockpiled on-site until a storage site is developed, provided the stockpiling is performed in accordance with a temporary stockpiling permit and materials are recycled or reused prior to the final inspection of the final permit in the phase.
(e) For non-residential additions of 1,000 square feet or greater and for non-residential alterations with a permit value equal to or greater than $200,000, DMP permittee must provide verification acceptable to the DPW Director that universal waste was properly disposed at a facility that accepts universal waste and that the universal waste was diverted from landfill as required by Green Building Standards Code, California Code of Regulations, Title 24, Part 11 ("CALGreen Code") and the 2016 California Building Code, Part 2, Volume 1, Section 5.408.2.
(f) For non-residential projects, the DMP Permittee shall be responsible for ensuring that any tenants and/or subcontractors performing the excavation, grading, demolition and/or construction activities comply with the terms of the DMP permit and this Article.
(g) The diversion requirements for C&D may be increased from 65% to 75% upon 30 days' advance notice from the DPW Director if an approved C&D processing facility within the County has achieved 75% diversion for at least 9 consecutive months.
(h) Diversion of C&D may be achieved through one or more of the following allowable methods, provided that DMP permittee selects method(s) that will result in achievement of the diversion requirements of this article:
(1) Reuse on-site or salvage for off-site reuse through donation or sale of materials;
(2) Use of an approved C&D collector to deliver C&D to an approved C&D processing facility or C&D recycling facility, which results in a diversion rate reported by the facility;
(3) Delivery of C&D to an approved C&D processing facility or C&D recycling facility, which results in diversion rate reported by the facility;
(4) Delivery of green material to a green material processing facility or chipping and grinding facility for recycling;
(5) Other donation, salvage, or reuse of materials acceptable to DPW Director;
(6) Deconstruction and salvage or reuse of materials;
(7) Delivery of source separated C&D such as dirt, concrete, wood waste, cardboard, or other recyclable C&D delivered to a C&D recycling facility for recycling, processing, and diversion;
(8) Alternate waste reduction methods developed by working with County if diversion or recycling facilities capable of compliance do not exist; or,
(9) Other methods approved by the DPW Director.
(i) DMP permittees shall arrange for an approved C&D collector to collect and transport all C&D generated at the applicable project site to an approved C&D processing facility or C&D recycling facility, or, if applicable, shall self-haul materials or rely on others to haul materials subject to conditions specified in section 68.531 of this chapter.
(j) If State law specify higher or more stringent diversion requirements for some or all types of C&D, State regulations shall supersede diversion requirements presented in this section 68.516.
(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)