8.12.804 C&D recycling | Wasco Municipal Code

8.12.804 C&D recycling.

A. Construction on All New Buildings--CALGreen Diversion Requirements. Everyone developing newly constructed buildings, including residential and nonresidential uses, must do all of the following:

1. Either or both recycle, reuse on site, or salvage for future use or sale the greater of the following:

a. A minimum of sixty-five percent or diversion required under CALGreen, whichever is more stringent, of the nonhazardous C&D debris (excluding excavated soil and land-clearing debris and with respect to nonresidential buildings, demolition waste necessary for constructing the new structure); or

b. The minimum amount required in this section and implementing resolutions;

2. Reuse one hundred percent of trees, stumps, rocks, and associated vegetation and soils resulting primarily from land clearing, unless contaminated by disease or infested with pests;

3. Comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen; and

4. Submit a waste diversion plan under, and comply with, subsection C of this section.

"Newly constructed" excludes additions, alterations or repairs to a building.

"Residence" means any of the following:

• A building of Occupancy Group R (under CALGreen) that is three stories or less;

• One- or two-family dwelling or townhouse; or

• Other building defined in CALGreen Section 202.

"Nonresidential buildings" means all buildings that are not low-rise residences.

B. Additions and Alterations to Existing Nonresidential Buildings--CALGreen Requirements. Everyone making additions or alterations to nonresidential buildings must comply with subsection A of this section.

a. Submission of Waste Management Plan. Prior to beginning demolition or making additions or alterations to a covered project everyone must submit both of the following to the city:

i. A waste management plan; and

ii. Any diversion deposit.

Examples of existing construction include renovation, repair or expansion of existing buildings or other improvement (such as retaining walls and parking lots). The director may require the project to use specific forms such as those in "A Guide to the California Green Building Standards Code (Low-Rise Residential)" located at www.hcd.ca.gov/CALGreen.html.

The project must deliver project waste only to waste management facilities (including mixed C&D debris processors) that provide verifiable documentation of the percentage of diverted C&D debris. The public works director may approve any or all diversion facilities.

b. Minimum Diversion. The waste management plan must estimate diversion of at least a minimum percentage of solid waste (including C&D debris but excluding clean inerts) generated by the project, as set by resolution of the city council.

c. Approval of Waste Management Plan. Before issuing a construction or demolition permit the city must approve the waste management plan, except in case of emergency demolition.

d. Construction and Demolition. The project must recycle and reuse at least the minimum percentage of solid waste. It must separate types of salvageable materials on site to maximum extent feasible, including:

i. Appliances, fixtures, plumbing;

ii. Metals;

iii. Dimensional lumber;

iv. Wallboard, concrete; and

v. Corrugated cardboard.

e. Records. The project will keep separate records of the waste generated, diverted, and disposed from construction and demolition, respectively, as follows:

i. By weight, or if weight is not measured (for example due to small size of materials), using the most accurate method of measurement available;

ii. Complying with law respecting accuracy and maintenance of records; and

iii. Measured in units required by the public works director (such as tons that are weighed or volume converted to tons using standardized conversion rates established by the public works director).

f. City Monitoring. The city may monitor construction and demolition on site to corroborate diversion of solid waste.

i. A construction or demolition project must submit documentation showing that it complied with its waste management plan before the city can inspect the project, issue any certificate of occupancy or give final project approval.

ii. A construction and demolition project must submit documentation before the city can issue a construction permit.

Documentation must include actual tonnage data, such as receipts and weight tags (either original or certified by the entity accepting delivery) issued by recycling companies, deconstruction contractors, and disposal facilities.

h. Evaluation of Report. The city will evaluate the documentation and determine whether or not the project complied with its waste management plan and diverted the requisite percentage of solid waste. It will base its determination on receipts and weight tags or other documentation it finds acceptable.

i. Approval of Report--Issuance of Permit--Return of Deposit. If the city approves the report, it will return all or part of the project’s deposit, proportionate to the documented diversion. (For example, if the waste management plan projected diversion of one ton, but the project documented diversion of only one-half ton, the city will return half of the project’s deposit.) Compliance with this chapter is a condition of approval on any existing construction or demolition permit issued for a covered project.

The city encourages construction and demolition projects that are not covered projects to divert the maximum feasible amount of solid waste from diversion.

"Covered project" means existing construction and demolition projects (including city or county projects) that meet the applicable threshold(s) set in a resolution adopted by the city council in form then in effect, based on any or all of the following:

• The project’s projected total costs;

• The project’s square feet; and

• Types of projects (such as multifamily residences, or city/county projects).

"Covered project" does not include projects exempted under subsection (C)(2) of this section.

"Waste management plan" means a form prescribed by the city including all of the following:

• Estimated amount: the estimated volume or weight of project waste by material type:

º Generated;

º Feasibly diverted; and

º Disposed;

• Sorting: whether or not materials will be sorted on site (source separated) or bulk mixed (single stream);

• Hauler: the vendor(s) that the project proposes to use to haul the project waste;

• Diversion facilities: facility(s) where C&D debris will be delivered, and the expected diversion rates (by volume or weight) of each material type;

• Construction methods that will be used to reduce generation of C&D debris; and

• Any other information required by public works director.

"Diversion deposit" means deposit in form and amount set in a resolution of the city council, as may be amended. Examples include the following:

• Cash;

• Letter of credit;

• Performance bond;

• Surety bond; and

• Money order.

Examples of amount might be fixed or charged in proportion to the project’s square footage or projected costs.

a. Categorical Exemptions. This section does not apply to any or all of the following:

i. Projects which do not meet the minimum threshold set by the city council;

ii. Work for which a building or demolition permit is not required;

iii. Roofing projects that do not include tear-off of existing roof;

iv. Projects for which only a plumbing, electrical, or mechanical permit is required;

v. Seismic tie-down projects;

vi. Projects where no structural building modifications are required;

vii. Emergency demolition required to protect the public health and safety.

The city encourages, but does not require, exempt projects to divert the maximum feasible amount of solid waste.

i. Request for Exemption. If a covered project believes that it is not possible to meet the minimum diversion requirement, it may request an exemption in its waste management plan. It must include information supporting its request.

ii. Review of Request. The city will review the waste management plan, including the request for exemption and supporting information. The covered project will meet with the city upon city request to discuss possible ways of meeting the minimum diversion requirement and maximizing possible diversion.

iii. Granting an Exemption. If the city determines that the covered project cannot feasibly meet the minimum diversion requirement, it will determine the maximum feasible diversion and report it to the covered project.

iv. Resubmission of Amended Waste Management Plan. The covered project must resubmit its waste management plan, including the reduced diversion requirement, within fifteen days. The city will disapprove the waste management plan if it does not comply with subsection A of this section and this subsection. (Ord. 714 §3, 2021; Ord. 633 (Att. A), 2013).