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(a) No person shall convey or transport solid waste and other discarded materials on or along any public highway in the County unless the material is contained and covered to prevent it from leaving the vehicle in which it is being conveyed or transported. A person engaged in the collection of discarded materials, however, may allow a collection vehicle transporting such material to be uncovered while picking up such material where the collection stops are separated by less than one mile. When traveling between pick-up stops and a transfer or disposal area, all loads of discarded materials shall be completely covered.
(b) All vehicles and equipment used in the collection and transport of any form of discarded materials shall be kept clean. No person shall allow liquid to drain from any vehicle that transports any form of discarded materials on any road, highway, or on any other land in a manner as to create an unsanitary condition. Persons hauling discarded materials on the public highways shall completely empty the discarded materials from all vehicles and containers at transfer, processing, or disposal sites in order to prevent litter from residue from scattering on the return trip.
(c) The Director shall have enforcement authority for this section.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8866 (N.S.), effective 1-6-98; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Where discarded materials or other salvageable material has been separated for collection purposes or other recovery in the unincorporated area of the County it shall be unlawful for:
(1) A person, other than the generator, person supplied with a container from a collector or CRMC with regard to the contents of the container, collector, or facility owner in the case of a solid waste facility, or the designated representative of one of these persons, to take or remove any separated discarded materials or other salvageable material from any curb, street, designated pick-up location, storage area, storage container, a solid waste facility, or any other public or private property.
(2) A person to disturb, tamper with, or remove from its location, a container that is intended for storage of discarded materials or salvageable material or to disturb, tamper with, or remove the contents of the container without authorization from the person to whom the collector or CRMC provided the container or from the collector or CRMC or the owner of the container.
(b) The Director shall have enforcement authority for this section.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 9495 (N.S.), effective 9-13-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10729 (N.S.), effective 6-4-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The purpose of this article is to establish the Construction and Demolition Debris (C&D) Diversion Program in the unincorporated area of the County. This program is intended to increase diversion of C&D from landfills, conserve landfill capacity, extend the useful life of local landfills, support construction and demolition project compliance with waste diversion requirements of the State green building standards, and avoid potential consequences to the County if it fails to comply with State waste diversion requirements.
(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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
For the purposes of this article, the following definitions shall apply:
(a) "Addition" means an extension or increase in floor area of an existing building or structure.
(b) "Alteration" means any construction or renovation to an existing structure, other than repair, for the purpose of maintenance or addition, including tenant improvements.
(c) "Applicant" means a person who applies to the County for a permit for an applicable project.
(d) "Applicable project" means an excavation, grading, construction, or demolition project pursuant to the applicable project definition provided in section 68.513.
(e) "Approved C&D collector" means a collector that has been approved to provide C&D collection services to approved C&D collection sites in accordance with a Non-Exclusive Franchise Agreement (NEFA). In the event no C&D collectors are approved through a valid NEFA, an "Approved C&D collector" means any collector that provides C&D collection services and agrees to (i) deliver C&D to approved C&D processing facilities; and, (ii) maintain records and submits reports pursuant to sections 68.514(c)(2)(v) and 68.519(f).
(f) "Approved C&D processing facility" means a facility that receives C&D for processing or for transfer to a processing facility for mixed C&D recycling and that has been approved or certified by: (i) the County; (ii) a city in the County using a method approved by the County; or, (iii) a third party using a method approved by the County. If the County does not define a process for County approval of C&D processing facilities, or if the County has not developed a list of approved C&D processing facilities, approved C&D collector or Debris Management Plan (DMP) permittee may select a C&D processing facility provided the facility allows such party to comply with requirements of this chapter.
(g) "C&D" means construction and demolition debris.
(h) "C&D recycling facility" means a facility that receives only C&D that has been source separated for reuse or recycling prior to receipt at the facility, provided such facility receives each type of C&D material separately and reuses or recycles the materials and does not dispose of the materials.
(i) "Chipping and grinding operation" shall be defined in accordance with California Code of Regulations, Title 14, Section 17852(a)(10).
(j) "Construction" means the act of building, making, erecting, remodeling, repairing, renovating, or improving a "structure," as that term is defined in the California Building Code and includes any project for which the County requires a building permit.
(k) "Construction and demolition debris" means nonhazardous waste, building material, inert material, soil, packaging, green material, rubble, and other discarded materials resulting from excavation, grading, construction, or demolition.
(l) "Conversion rate" means a rate in the standardized conversion rate table approved by the DPW Director pursuant to this article for use in estimating the volume or weight of materials identified in a DMP or Debris Management Report (DMR).
(m) "Debris management plan" (DMP) means a plan prepared by an applicant before commencement of the project documenting types and estimated quantities of C&D for an applicable project and the planned method for diverting the C&D from an applicable project as required by section 68.514.
(n) "Debris management report" (DMR) means a report prepared by a DMP permittee after conclusion of the project evidencing the types and quantities of C&D diverted or disposed and diversion method(s) for an applicable project as required by section 68.514.
(o) "Demolition" means the act of removing, razing, or tearing down a structure or any portion of a structure.
(p) "DMP compliance official" means County staff responsible for implementing any element of this article.
(q) "DMP permittee" means a person who is required to divert C&D from an applicable project under this article and who has an approved DMP, or, in the case of a Class 3 applicable project, means a person who is required to divert C&D from an applicable project under this article and who is self-certifying compliance.
(r) "Diversion/Divert" means activities that reduce or eliminate discarded materials from disposal in a landfill, including, reuse, salvage, recycling, and composting.
(s) "Diversion requirement(s)" means the requirement(s) in section 68.516 to divert a minimum percentage of C&D generated by an applicable project.
(t) "DPW" means the Department of Public Works.
(u) "Excavation" means any act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated and shall include the conditions resulting therefrom; and, for the purposes of this Article, is performed for applicable projects as defined by 68.513(a)(1), 68.513(a)(2), or 68.513(a)(3).
(v) "Fill" means deposits of soil, sand, gravel, rock, or other materials placed by a person or contractor; and, for the purposes of this Article, is performed for new construction, additions, and alteration projects that are applicable projects pursuant to section 68.513(a)(1), 68.513(a)(2), or 68.513(a)(3).
(w) "Grading" means excavation or filling of material or combination thereof; and, for the purposes of this Article, includes clearing, which is defined as removal or destruction of natural vegetation by any means, including brushing and grubbing.
(x) "Green material" means any material related to land development such as yard trimmings, trees, brush, and construction and demolition wood waste. Green material does not include food material, bio-solids, wood containing lead-based paint or wood preservatives, mixed construction debris, or mixed demolition debris.
(y) "Green material processing operation" means a facility or center that processes green material through composting, chipping, or grinding operations, in-vessel digestion operation or facility, or other facility, operation, or use identified by the State as an acceptable form of organic material landfill disposal reduction and when green material is not subsequently sent to landfill for disposal.
(z) "Inert materials" mean soil, concrete, asphalt, rock, brick, and other non-liquid solid waste, provided that such material does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by a regional water board pursuant to Division 7 (commencing with Section 13000) of the California Water Code and does contain not more than 1% putrescible materials by volume calculated on a monthly basis and the putrescible wastes shall not constitute a nuisance, as determined by the County enforcement agency.
(aa) Multi-phase project means a tract home project, master plan project, or other multi-building project that is built in multiple phases.
(bb) "Project" means any excavation, grading, construction, or demolition project that requires a grading, building, or demolition permit or any similar permit. For the purposes of this definition, each phase of a multi-phase project, as determined by a DMP compliance official, shall be deemed a single project.
(cc) "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconfiguring materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include gasification, pyrolysis, transformation as defined by State Public Resources Code Section 40201, or other processes that use solid waste for conversion to energy.
(dd) "Reuse" means further or repeated use of C&D either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.
(ee) "Salvage" means removal of an object or material that can be reused again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.
(ff) "Universal waste" shall be identified as provided in California Code of Regulations, Title 22, Division 4.5, Chapter 11.
(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. 10253 (N.S.), effective 3-8-13; amended by Ord. No. 10657 (N.S.), effective 3-13-20; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Applicable projects include the following types of projects when such projects are required to obtain grading permits (excluding agricultural grading permits), building permits, or demolition permits:
(1) All new construction projects;
(2) Non-residential building additions and building alteration projects;
(3) Residential additions and alterations that increase a building's footprint, volume, or size;
(4) Demolition projects associated with new construction, additions, and alterations covered by subsections (a)(1), (a)(2), and (a)(3) above;
(5) Non-residential excavation and grading projects associated with new construction, additions, and alterations projects covered by subsections (a)(1) and (a)(2) above; and,
(6) Residential excavation and grading projects associated with new construction, additions, and alterations projects covered subsections (a)(1) and (a)(3) above that require major grading permits as defined by section 87.208 of this Code.
(b) For the purposes of defining the County's C&D diversion compliance requirements and performance guarantee requirements, applicable projects are categorized as Class 1, 2, or 3 projects. All project classes must comply with applicable diversion requirements specified in section 68.516. Subject to conditions in subsections (c) through (h) below, applicable project classes are defined as follows:
(1) Class 1 Projects - For demolition projects, Class 1 projects are applicable projects in which the square footage of the demolition work is greater than 5,000 square feet. For construction, addition, and alteration projects, Class 1 projects are applicable projects in which the square footage of the new construction, addition, and alteration work is greater than 5,000 square feet. For excavation and grading projects, Class 1 projects are applicable projects with major grading permits as defined section 87.208 of this code.
(2) Class 2 Projects - For demolition projects, Class 2 projects are applicable projects in which the square footage of the demolition work is equal to or greater than 1,000 square feet and equal to or less than 5,000 square feet. For construction, addition, and building alteration projects, Class 2 projects are applicable projects in which the square footage of the construction addition and building alteration work is equal to or greater than 1,000 square feet and equal to or less than 5,000 square feet.
(3) Class 3 Projects - Class 3 projects are all applicable projects that do not fit into the Class 1 or 2 project categories.
(c) For the purpose of classifying projects under subsection (b) above, the square footage of a project is the sum of the square footage for each floor of all building(s) and structure(s) in the project with the exception of multi-phase projects described in subsection (d) below.
(d) For the purpose of classifying the project type for each phase of a multi-phase project under subsection (b) above, the square footage shall be the sum of the square footage for all phases of the multi-phase project.
(e) All excavation, grading, construction, and demolition projects conducted by the County shall be subject to the requirements of this article if the project meets the applicable project definitions established by this article even if a permit is not issued for the project. For applicable County projects, the County or the County's contractor shall comply with the applicable project requirements of this article.
(f) All applicable projects shall comply with the requirements of this article including but not limited to diversion requirements in section 68.516.
(g) The following project types are exempt from the requirements of this article:
(1) Projects exempt from compliance with diversion requirements under the 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 105.2, as they may be amended periodically, shall be exempt from the requirements of this Article.
(2) Emergency demolition projects, if the projects are required to protect public health or safety.
(3) Residential projects that qualify for diversion infeasibility exemptions pursuant to section 68.517.
(4) Residential and non-residential excavated soil and land clearing projects that are not defined as applicable projects in section 68.513(a).
(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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) General requirements.
(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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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