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(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)
(a) For all applicable projects, the DMP permittee shall maintain a daily log of all C&D that leaves the site and all receipts from each approved C&D processing facility, C&D recycling facility, approved C&D collector, other vendor, green material processing operation, or disposal or transfer station facility that accepted C&D from the DMP permittee. Additional documentation requirements are specified in subsections (b) and (e) below.
(b) The daily log shall identify the project location, and each log entry shall contain the date a load was transported off the site, the type of C&D, the weight of the material or its approximate tonnage or estimated volume, the name of the party transporting the materials, the name of the receiving facility, and whether the material was disposed of in a landfill, salvaged for future use off-site, or recycled. Each log entry shall correspond with a receipt issued by the party that transported the material off-site or by facility that accepted the C&D if the materials were hauled by the DMP permittee, provided that such receipts are compiled within 90 days of the date of the log entry. The daily log shall include separate entries for each occurrence of materials reused on-site as specified in section 68.515(e). The log and all receipts shall be maintained at the project site and made available to any County inspector or DMP compliance official responsible to ensure compliance with this article. The DMP permittee's failure to have the receipts from the receiving facility that accepted the C&D or failure to have the daily log containing all the information required by this subsection available for inspection constitutes grounds for suspension of the project's grading, demolition, or building permit.
(c) DMP permittee shall make the approved DMP available at the project site and, upon County request, shall make the DMP available to the DMP compliance official for inspection.
(d) In addition to the requirements under subsections (a) and (b) above, the DMP permittee shall comply with all of the following:
(1) If a receipt from an approved C&D processing facility, C&D recycling center, or other facility required by subsection (a) does not contain a statement of the weight of the C&D, the DMP permittee shall provide a printout or other verifiable statement of the weight of the C&D, produced by a weighing device with a current registration certificate from the County Sealer, or DMP permittee shall obtain a receipt for delivery of the C&D that identifies the date and time of delivery, the type of material delivered, the volume of material or truck size and, if applicable the vehicle number delivering material. DMP permittee shall estimate the tonnage of material based on the volumetric capacity of the vehicle and conversion rate table approved by the DPW Director.
(2) If it is impracticable to weigh reused or salvaged C&D or other C&D, the DMP permittee shall estimate the volume of C&D (based on the capacity of the container or vehicle transporting the material or based on measurements of the dimension of the materials) and shall submit a statement of its volume along with the calculation of the weight of the C&D, using the DPW Director's conversion rate table referenced in section 68.514(i).
(3) If C&D was reused on-site, self-hauled off-site for salvage, or collected by a third party for salvage, the DMP permittee shall provide a receipt or other proof of diversion including photos or any additional information relevant to determining compliance with the DMP. If County finds that evidence provided is insufficient, County may request additional evidence or may disallow the accounting of the materials as reuse or salvage.
(4) An authorized representative of the DMP permittee shall sign the DMR under penalty of perjury verifying that the information submitted to the County is in compliance with subsections (1) through (3).
(e) Approved C&D collectors are required to record and report to the County the tons of C&D transported from applicable projects to approved C&D facilities, C&D recycling facilities, and disposal facilities, documenting tonnage by applicable project permit number, in accordance with NEFA reporting requirements DMP permittee may request a tonnage and diversion report on its applicable project from the approved C&D collector.
(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) As an additional condition of approval of a DMP under section 68.514, a DMP permittee shall consent to allowing the County the right to inspect the applicable project site during normal business hours without notice. Upon request, the DMP permittee shall make available to the inspector or DMP compliance official the receipts and daily log of C&D required by section 68.518.
(b) If a DMP permittee or any of the DMP permittee's agents or employees refuse to allow a County inspector to inspect the site or the DMP permittee's daily log and receipts, the County shall have the right to suspend the DMP permittee's grading, demolition, or building permit. The County shall also have the right to obtain an inspection warrant under Code of Civil Procedure sections 1822.50 et seq. The County shall also have the right to suspend the permit: (1) if the DMP permittee fails to maintain or have available the daily log or receipts required by this article, (2) if the DMP permittee violates any other provision of this article, or (3) if the DMP permittee commits any other act which would be grounds for suspension of a grading, demolition, or building permit.
(c) If the County decides to suspend a grading, demolition, or building permit under this section 68.519, the County shall issue a notice of suspension and serve the DMP permittee under section 11.112 of this Code. The suspension shall be effective 15 days from the date the County serves the notice of suspension, unless the DMP permittee appeals the notice of suspension under section 68.520, which stays the effective date of the suspension until the appeal is decided. If the County determines that any excavation, grading, construction, or demolition site is unsafe or that the DMP permittee has knowingly failed to comply with section 68.516, the County may suspend the permit immediately and advise the DMP permittee in the notice of suspension that the permit is suspended immediately and state the reasons for the immediate suspension. A notice of immediate suspension is also appealable under section 68.520, but an appeal does not stay the immediate suspension of the permit.
(d) It shall be unlawful for any DMP permittee to continue to operate under a DMP in violation of subsection (c) above.
(e) It shall also be unlawful for an applicant or a DMP permittee to knowingly provide false information to the County under this article.
(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)
An applicant or DMP permittee may make appeals to the DPW Director for the following circumstances: (a) denial of an infeasibility exemption under section 68.517, (b) forfeiture of performance guarantee under section 68.515, or (c) suspension of the DMP permittee's grading, demolition, or building permit under section 68.519. No other appeal shall be allowed under this article. A notice of appeal shall be submitted by applicant or DMP permittee in writing and filed with or mailed to the DPW Director within 15 days from the date the County served any appealable notice. The postmark on any mailed notice of appeal shall be deemed to be the date appellant filed a notice of appeal by mail. The DPW Director shall appoint an independent hearing officer to hear the appeal under procedures established by the DPW Director. The decision of the hearing officer shall be final.
(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) In addition to complying with solid waste storage regulations in 14 CCR sections 17301 et seq., a collector or CRMC furnishing storage containers to customers for storage of discarded materials shall comply with the following requirements:
(1) Provide containers designed for safe handling that shall be designed and constructed to be non-absorbent, watertight, vector-resistant, durable, easily cleanable, and prevent the leakage of liquids.
(2) Provide containers equipped with close-fitting and tight-fitting lids or covers that can be readily removed.
(3) Provide containers that comply with the color, signage, and labeling requirements specified in a collector's NEFA or CRMC's certificate.
A collector or CRMC shall furnish all of its customers with one or more containers for each type of discarded materials for separate collection of each type of discarded material for which each customer has subscribed. The containers shall allow generators to effectively source separate the recyclable materials, organic materials, and construction and demolition debris from solid waste for pick-up by the collector or CRMC, where such materials shall include, at a minimum, designated recyclable materials and designated organic materials as defined in section 68.502.
(b) If a collector's NEFA or a CRMC's certificate imposes more stringent container requirements than imposed by this section 68.521, collector or CRMC shall comply with the more stringent requirements imposed by the NEFA or CRMC certificate.
(Amended by Ord. No. 7920 (N.S.), effective 7-11-91; amended by Ord. No. 8060 (N.S.), effective 5-28-92; amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; amended by Ord. No. 8866 (N.S.), effective 1-6-98; 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)
Generators, including property owners and tenants, in addition to complying with 14 CCR section 17315, shall be responsible for safe and sanitary storage of all discarded materials that accumulate on the property. Generators shall store designated recyclable materials, designated organic materials, and solid waste in the containers supplied by collector or CRMC for such purposes, or in the containers or locations otherwise permitted for such storage by this chapter.
(Added by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; 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)
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