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(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)
(a) Applicants for all Class 1 projects and applicants for Class 2 projects that use the enhanced compliance method shall submit to the County a performance guarantee in the amount specified in subsection (c) as a condition of a demolition or building permit with the exception that County projects are not required to submit a performance guarantee.
(b) Applicants for Class 2 projects using the approved collector compliance method and applicants for all Class 3 projects are not required to submit performance guarantees. Applicants for grading projects are not required to submit performance guarantees under this article.
(c) The amount of a performance guarantee required shall be determined by the following schedule:
Performance Guarantee Values
Per-Unit Amount | $0.40 per square foot |
Minimum Amount | $400 |
Maximum Amount | $40,000 (100,000 square feet or more) |
(d) Performance guarantee amounts in the above table may be reviewed and adjusted periodically by the County Board of Supervisors.
(e) Square footage used to calculate the performance guarantee for an applicable project shall be determined in accordance with section 68.513(c).
(f) A performance guarantee may be in the form of a cash deposit.
(g) Cash deposits for a performance guarantee shall be deposited by the County in an interest-bearing account. The County shall return the performance guarantee plus interest to the DMP permittee upon the County's determination of full compliance with the diversion requirements, or shall return a prorated portion of the performance guarantee with interest less an administrative fee to the DMP permittee based on the degree of compliance with the diversion requirement. The interest amount shall be determined in accordance with the California Government Code section 53079(b).
(h) Any forfeited performance guarantee, including interest on a cash deposit, shall be used by the County to recover the County's administrative costs related to processing the DMPs and DMRs. Any remaining funds shall be used by the County for programs to develop or improve C&D collection, processing, reuse, salvage, and recycling.
(i) If a DMP compliance official determines the DMP permittee fully complied with the diversion requirements, the DMP compliance official shall issue a notice of compliance and release the DMP permittee's performance guarantee refund (described below) within 30 days of final approved DMR submittal. If additional documentation is requested by the DMP compliance official, the DMP permittee shall have 90 days to submit proper documentation. If requested documentation is not submitted by DMP permittee within 90 days of request, DMP permittee will be ineligible to request performance guarantee refund. The performance guarantee refund shall equal the amount of the performance guarantee plus interest (where interest is described in subsection (g) above).
(j) If the DMP compliance official determines the DMP permittee has not demonstrated full compliance with the diversion requirements (based on review of the DMR for the enhanced compliance method or based on review of the approved C&D collector's project report for the approved collector compliance method or through other investigation or means), the DMP compliance official shall calculate the percent of the DMP permittee's compliance rate based on receipts and other proof of diversion. The DMP compliance official shall issue a notice of partial compliance or notice of forfeiture to the DMP permittee reflecting the level of compliance and prorated amount of the performance guarantee refund (described in subsection (i) above) and/or 100% forfeiture in the event of complete non-compliance. The DMP compliance official shall serve the DMP permittee, pursuant to section 11.112 of this code, with a notice of partial compliance or a notice of forfeiture. The DMP permittee shall have 15 days from the date a notice of partial compliance or forfeiture is served to file an appeal under section 68.520.
(k) If a grading, demolition, and/or building permit is cancelled, abandoned, or expired for an applicable project that submitted a performance guarantee pursuant to this section 68.515, County shall refund to the DMP permittee the sum of the performance guarantee and interest (where the interest amount is described in subsection (g) above).
(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) 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; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) For residential projects, if it is infeasible for an applicant for an applicable project to comply with all requirements of section 68.516, the applicant may apply for a diversion infeasibility exemption. For the purposes of this section 68.517, "infeasible" means: (i) that there are no recycling, salvage approved C&D processing facilities, or C&D recycling facilities within a 50-mile radius of the project area or of any location from which the applicant regularly operates its business or stores its excavation, grading, construction, and/or demolition equipment; or, (ii) onsite reuse options are not available for all or part of the project's C&D. The applicant shall apply for the infeasibility exemption using an exemption form provided by the County and shall submit the exemption form at that same time the applicant submits the DMP required by section 68.514.
(b) If a DMP compliance official grants the applicant's request for an infeasibility exemption, the official shall determine an adjusted diversion requirement that specifies the percentage of C&D the applicant is required to recycle, reuse, or salvage. In reaching this determination, the DMP compliance official may consult with any State or local official and the applicant. The DMP compliance official shall issue a determination in writing and serve it under section 11.112 of this code.
(c) Within 15 days from the date the DMP compliance official serves the notice, the applicant shall submit a revised DMP or file an appeal under section 68.520.
(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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