A. Covered and Non-Covered Projects.
Covered Projects are required to divert Recyclable C&D from landfills. The minimum C&D Diversion Requirement is established by resolution of the Mayor and Common Council. Applicants for construction, demolition, addition, alteration, and remodel projects within the City that are not Covered Projects are encouraged to divert the minimum C&D Diversion Requirement.
B. City Projects.
City-contracted Construction shall adhere to the City Project C&D Waste Policy established by resolution of the Mayor and Common Council.
C. Security Deposit Required.
Except as otherwise specified in this chapter, each Applicant for a building or demolition permit for a Covered Project, shall remit a Security Deposit in the amount established by resolution of the Mayor and Common Council. The Security Deposit shall be remitted prior to permit issuance.
D. Exemptions.
Neither a C&D Waste Recycling and Disposal Report Summary nor a Security Deposit shall be required for the following:
1. Work for which only a plumbing permit, electrical, mechanical permit or a combination thereof is required;
2. Seismic tie-down projects;
3. Installation of a patio or awning;
4. Installation of pre-fabricated accessories such as signs or antennas;
5. Residential pools and spas;
6. Re-roof projects, block walls, and retaining walls;
7. City Owned Projects;
8. Other work that the City Manager determines will not produce significant quantities of construction or demolition waste.
An Applicant for Projects may submit an application for exemption on the grounds that the Project will not generate more than 35 gallons of C&D Waste. The application shall be submitted to the City Manager who shall determine if the Exemption is in compliance with this Chapter.
E. Refund of Security Deposit.
The City Manager may authorize the refund of any Security Deposit that was erroneously paid or collected. The City Manager may authorize the refund of any Security Deposit when the building permit application is withdrawn or cancelled before any work has begun. The City Manager may authorize the refund of a Security Deposit when the Applicant has satisfactorily submitted the C&D Waste Recycling and Disposal Report Summary, and at least the minimum C&D Diversion Requirement is met. lf the minimum C&D Diversion Requirement is not realized, the amount of the refund shall correspond to the percentage of C&D Waste recycled, reused, or diverted from the landfill. If the Applicant fails to submit the documentation required by Chapter 8.24.100 within the required time period, the Security Deposit shall be forfeited to the City.
F. Administrative Fee.
As a part of any application for, and prior to the issuance of, any building or demolition permit, every Applicant for a Covered Project, unless otherwise exempt, shall pay an Administrative Fee sufficient to compensate the City for all expenses incurred in reviewing the project and reviewing performance. The amount of this fee shall be set forth in a resolution of the Mayor and Common Council.
G. Reporting.
Within sixty (60) days following the completion of a demolition project and/or a Covered Project, the Applicant shall, as a condition precedent to release of the Security Deposit, submit a C&D Waste Recycling Disposal Report Summary to the City Manager.
H. Appeal.
Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the hearing officer in the manner provided in Chapter 9.94 of this Code.
I. Construction Debris Self-Hauling.
A Construction contractor may self-haul Recyclable Materials or C&D Waste generated by the Construction contractor at the Job Site. When acting as a general contractor, the Construction contractor may haul these same materials for any Construction contractor acting as a subcontractor at the same Job Site. The right of a Construction contractor to self-haul or haul hereunder is subject to the following conditions:
1. All Construction contractors generating any of the Recyclable Materials or C&D Waste to be self- hauled or hauled shall have a valid City business registration certificate;
2. The Construction contractor owns or leases the self-hauling or hauling equipment (excluding containers) and the equipment is clearly marked with the identity of the Construction contractor including, as a minimum threshold requirement, the company name, address, and phone number;
3. The Construction contractor must be performing construction and demolition work on the permitted job site;
4. The Construction contractor cannot serve solely as a hauler of debris from the job site;
5. The Construction contractor provides proof of insurance for said vehicle;
6. The Construction contractor's equipment shall be operated by an employee of the Construction contractor at all times during any self-haul or haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations;
7. The Construction contractor performing the self-haul; or haul holds a current Building and Demolition Permit which covers all Recyclable Materials or construction and demolition debris for which the Construction contractor will be performing self-hauling or hauling, and the Construction contractor complies with the Construction and Demolition provisions of the City;
8. The Construction contractor shall hold for a Self-Hauling Permit Fee as set by the Mayor and Common Council;
9. Regardless of the valuation of the project the Construction contractor performing the haul or self-haul must comply with this Article and shall submit an Application fee, Security Deposit as set by the Mayor and Common Council and obtain a C&D permit for Projects as defined in San Bernardino Municipal Code Chapter 8.24.010.
(Ord. MC-1521, 9-18-19; Ord. MC-1431, 11-10-16)