§ 6-2.34. Mandatory recycling of construction and demolition waste.

(a)

Threshold for covered projects. The threshold for mandatory recycling of construction and demolition waste is as follows:

(1)

All construction and renovation projects within the City, the valuation of which are, or are projected to be, greater or equal to twenty thousand dollars ($20,000.00) shall comply with this section. The cost of the project shall be the valuation ascribed to the project by the City's Building Inspector or the City's Public Works Department. In addition, all demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. Failure to comply with any of the terms of this section shall subject the project applicant to the full range of enforcement mechanisms as set forth in this chapter.

(2)

All City-sponsored construction and renovation projects within the City, the costs of which are, or are projected to be, greater or equal to twenty thousand dollars ($20,000.00) shall comply with this section. The cost of the project shall be the valuation ascribed to the project by the City's Building Inspector or the City's Public Works Department. In addition, all City-sponsored demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. These City-sponsored covered projects shall submit a recycling plan to the designated compliance official prior to beginning any construction activities and shall be subject to all applicable provisions of this section with the exception of enforcement mechanisms and penalties as set forth in this chapter.

(3)

Applicants for construction, demolition and renovation projects within the City whose total costs are valued at less than twenty thousand dollars ($20,000.00) shall be encouraged to divert at least fifty (50) percent of all project-related construction and demolition debris.

(4)

Compliance with the provisions of this section shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

(b)

Recycling plan application forms. Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan application which will be provided by the City at the time a permit is requested.

(c)

Review of recycling plan.

(1)

Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the City has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the City.

(2)

If the City determines that the recycling plan is incomplete or fails to indicate that at least fifty (50) percent by weight of all construction and demolition debris generated by the project, the recycling plan shall be returned to the applicant and marked "denied" or "further explanation required".

(d)

Compliance with recycling plan. Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall submit to the City documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty (50) percent of the total construction or demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to the chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the City for the project. This documentation shall include all of the following:

(1)

Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material.

(2)

A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled.

(3)

Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this section.

(e)

Weighing and disposing of wastes. The City's authorized franchisee disposal company shall be responsible to pick up, weigh and dispose of all waste materials and construction debris in accordance with the approved recycling plan.

(f)

Determination of compliance. The City shall review the information submitted under the provisions of this section and determine whether the applicant has complied with the diversion requirement, as follows:

(1)

Full compliance. If the City determines that the applicant has fully complied with the diversion requirements applicable to the project, the City shall approve the recycling plan and inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

(2)

Substantial compliance. If the City determines that the diversion requirement has not been achieved, or the City has determined on a case-by-case basis whether the applicant has made a good faith effort to comply with this section. In making this determination, the City shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the City determines that the applicant has made a good faith effort to comply with this section, the City shall approve the recycling plan and inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

(3)

Noncompliance. If the City determines that the applicant has not made a good faith effort to comply with this section, or if the applicant fails to submit the documentation required by this section within the required time period, then the applicant shall pay a penalty in the amount calculated as two (2) percent of the total project valuation. After payment of the penalty, the City shall inform the Building Inspector that a certificate of occupancy or final inspection can be issued.

(g)

Falsification of records. If the applicant deliberately provides false or misleading data to the City in violation of this section, the applicant may be subject to penalties in addition to those specified in this chapter. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this section.

(h)

Infeasible exemption. The following procedures will be used to in applying for an infeasible exemption under this section:

(1)

If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time he or she submits the recycling plan required under subsection (b) of this section. The applicant shall indicate on the recycling plan the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(2)

The City shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways to meeting the diversion requirement. The City may request that staff from appropriate County, State and Federal agencies assist in providing information and in the review process.

(3)

If the City determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The City shall return a copy of the recycling plan to the applicant marked "Approved for Infeasible Exemption" and shall notify the Building Inspector and the Public Works Department that the recycling plan has been approved.

(4)

If the City determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a recycling plan form in full compliance with subsection (b) of this section. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with subsection (b) of this section, the City shall deny the recycling plan in accordance with the section.

(i)

Appeals. An appeal to the decision made by a City staff member may be made to the City Manager not longer than ten (10) calendar days after the City staff member's decision. The decision of the City Manager shall be final. The applicant must specifically state in notice of appeal the following:

(1)

The name and address of the appellant and the appellant's interest in the decision.

(2)

The nature of the decision appealed and/or the conditions appealed from.

(3)

A clear and complete statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate.

(4)

Specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities.

(j)

Civil penalties and enforcement. If the City staff member, or upon appeal, the City Manager determines that the applicant is in noncompliance as described in this section, the applicant shall pay a civil penalty in the amount calculated at two (2) percent of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the building Inspector. The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City.

(§ 1, Ord. 681, eff. May 2, 2003; as amended by §§ 1 and 2, Ord. 717, eff. October 20, 2006)