HomeMy WebLinkAbout39251 ORDINANCE 3925
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3 AN ORDINANCE OF THE COUNTY OF BUTTE REQUIRING DIVERSION OF
4 CONSTRUCTION .AND DEMOLITION DEBRIS, AMENDING THE COUNTY
5 CODE BY ADDING ARTICLE VII TO CHAPTER 31 AND AMENDING
6 SECTION 1-7 OF CHAPTER 1 AND SECTION 41-5 OF CHAPTER 41
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S The Board of Supervisors of the County of Butte ordains as follows:
9 Section 1: Article VII, Diversion of Construction and Demolition Debris, is hereby
10 added to Chapter 31 of the Butte County Code to read as follows:
11 Article VII: Diversion of Constrnction and Demolition Debris
12 Section 31-60: Legislative Findings and Statement of Intent
13 Section 31-61: Definitions
14 Section 31-62: Threshold
15 Section 31-63: Diversion Requirements
16 Section 31-64: Diversion Requirement Exemption
17 Section 31-65: Notice of violation and administrative penally
18 Section 31-66: Administrative review of notice of violation
19 Section 31-67: Judicial review
20 Section 31-68: Enforcement and collection of administrative penalties
21 Section 31-69: Standards, guidelines, and criteria
22 Section 31-70: Inspections, inquiries, and audits
23 Section 31-71: Option to Revise
24 Section 31.-6Q. Legislative Findings and Statement of Intent.
25 a. The Board of Supervisors is committed to protecting public health,
26 safety, welfare and the environment.
27 b. The Board intends, through this Article VII, to facilitate the reduction
28 of solid waste generation and the diversion of solid waste from landfills.
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1 c. Under California law as embodied in the California Waste Management
2 Act of 1989 (Public Resources Code Sections 40000 et seq.), all cities and
3 counties in California are required to prepare, adopt and implement source
4 reduction and recycling plans to reach landfill diversion goals and to make
S substantial reductions in the volume of waste materials going to the
6 landfills.
7 d. Jurisdictions face fines up to $10,000 per day for failure to comply
8 with the requirements of the California Waste Management Act of 1989.
9 e. Debris from construction and demolition of buildings and tenant
10 improvements represents a significant portion of the volume of inert waste
11 that is generated in the County, and such waste is particularly suitable for
12 recycling and reuse.
13 £ The Board recognizes that requiring the diversion of construction and
14 demolition debris from landfill disposal may, in some instances, add to the
15 cost of construction and demolition projects. The Board also recognizes,
16 however, that such diversion is also likely to result in signif cant long-term
l 7 cost savings to the taxpayers of the County.
18 g. The diversion of recyclable and re-usable material from the waste
19 stream will preserve landfill space to help meet future disposal needs.
20 h. Therefore, requiring the diversion of specified recyclable and re-usable
2l material from the waste stream will protect the public welfare.
22 Section 31-61. Definitions.
23 For the purposes of this Article VII the following definitions apply:
24 a. "Applicant" means any individual, firm, limited liability company,
25 association, partnership, political subdivision, government agency,
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1 municipality, industry, public or private corporation, or any other entity
2 whatsoever who applies to the County for applicable permits to undertake
3 any construction, demolition, or renovation project within the County,
4 including but not limited to any person or entity holding, or required to
5 hold, a contractor's license of any type under the laws of the State of
6 California, or who performs {whether as contractor, subcontractor or
7 owner-builder) any construction, demolition, remodeling, or landscaping
$ service relating to buildings or accessory structures in Butte County.
9 b. "Responsible Party" means any applicant to whom a permit is issued
10 by the County for a Project.
11 c. "Construction" means all building, landscaping, remodeling, addition,
12 removal or destruction.
13 d. "Construction and Demolition Debris" {C&D debris) includes:
14 1. Discarded materials generally considered to be not wafer
15 soluble and non-hazardous in nature, including but not limited to steel,
16 glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and
17 lumber from the construction or destruction of a structure as part of a
18 construction or demolition project or from the renovation of a structure
19 and/or landscaping, and including rocks, soils, tree remains, trees, and
20 other vegetative matter that normally results from land clearing,
21 landscaping and development operations for a construction or demolition
22 project.
23 2. Clean cardboard, paper, plastic, wood, and metal scraps from
24 any construction or demolition project.
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3. De~minimis amounts of other non-hazardous wastes that are
generated at construction or demolition projects.
e. "Demolition" means the decimating, dismantling, razing, ruining,
tearing down andlor wrecking of any facility, structure, pavement or
building, whether in whole or in part, whether interior or exterior.
f. "Divertible Materials" includes:
1. Masonry building materials generally used in construction
including, but nat limited to, asphalt, concrete, rock, stone, and brick.
2. Wood materials including any and all dimensional lumber,
fencing or construction woad that is not chemically treated, creosoted,
CCA pressure treated, contaminated or painted.
3. Vegetative materials including trees, tree parts, shrubs, stumps,
logs, brush or any other type of plants that are cleared from a site for
construction or other use.
4. Metals including alI metal scrap such as, but not limited to,
pipes, siding, window frames, door frames and fences.
5. Roofing materials including wood shingles as well as asphalt,
stone and slate based roofing material.
£. Fixtures that are in good working order including, but not
limited to, shower stalls, sinks, faucets, tubs, cabinets, fans and built in
appliances.
7. Any other material, which the Solid Waste Manager finds can
he reasonably diverted.
g. "Dispose" means the final deposition of solid wastes onto land, into
the atmosphere, or into the waters of the state.
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1 h. "Divert" means to prevent material from being disposed in a landfill
2 or elsewhere, through a lawful transfer of possession of said material to a
3 recycling or re-use facility which has been approved by the Solid Waste
4 Manager.
5 i. "Project" means any activity involving construction, demolition, or
6 renovation, and which requires issuance of a permit from the County of
7 Butte, if such projects exceed 10,000 square feet or if such projects will
8 result in the generation of more than 1000 cubic yards of construction and
9 demolition debris.
10 j. "Renovation" means any change, addition, or modification to an
11 existing structure.
12 k. "Solid Waste Manager" means the director of the Department of
13 Public Works, or his or her designee.
14 Section 31-62. Threshold.
15 a. Project: .Any construction, demolition, and/or renovation project
16 within the County of Butte for which a permit is required shall comply
17 with this Ordinance if such project exceeds 10,000 square feet or if such
18 project will result in the generation of more than 1000 cubic yards of
19 construction and demolition debris.
20 b. County-Sponsored Projects: All County-sponsored construction,
21 demolition, and renovation projects that are 10,000 square feet or greater,
22 or will result in the generation of mare than 1000 cubic yards of
23 construction and demolition debris shall be considered Projects for the
24 purposes of this Chapter.
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1 Section 3d-63. Diversion Requirements.
2 a. During the duration of a Project, the Responsible Party shall divert, at
3 a minimum, 50% by weight of the Divertible Materials from the solid
4 waste stream when required as a condition of a County permit issued far a
5 Project, unless the Solid Waste Manager requires a lower percentage of
6 Divertible Materials be diverted, in which case, the Responsible Parry
7 shall divert, at a minimum, the percentage by weight of the Divertible
8 Materials from the solid waste stream required as a condition of a County
9 permit issued far a Project .
10 b. When submitting plans for a Project to the Building Official, the
11 Responsible Party will provide a "Construction and Demolition Waste
12 Diversion Plan" (Diversion Plan) that will identify the means of how the
13 materials will be diverted, which materials will be targeted and
14 approximate quantities. The Solid Waste Manager, or his ar her designee,
15 will either approve the Diversion Plan or return with suggested revisions.
16 The Solid Waste Manager, or his or her designee, will conduct site
17 inspections for the duration of the Project as a resource for compliance
18 with the Waste Diversion Plan.
19 c. In building permits for Projects, the Building Official shall insert the
20 following statement or an applicable variation thereof:
21 "During the project, the Responsible Party shall comply with Article VII
22 of Chapter 31 of the Butte County Code, regarding diversion of
23 construction and demolition debris. Consistent with Article VII , the
24 Responsible Party shall separate divertible materials, such as appliances,
25 dimensional lumber, concrete, brick, asphalt, cardboard, scrap metal,
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1 wood waste, vegetative waste and roof ng material. Separated debris may
2 be taken to a local landfill, but shall not be mixed with waste to he
3 disposed at the landfill. "
4 d. Although it may nat be an explicit condition of the building permit,
5 those working on non-covered projects are encouraged to divert material
6 from construction and demolition projects to the maximum extent
7 practicable in accordance with the Ordinance.
8 e. To the maximum extent feasible, divertible materials shall be
9 separated on-site if this practice leads to an increased diversion. This may
10 include salvageable materials (e.g., appliances), dimensional lumber,
11 concrete, brick, asphalt, cardboard, scrap metal, wood waste, vegetative
12 waste and roofing material.
13 f. All Applicants are encouraged to contact their waste service provider
14 or the local County/City Solid Waste Agency for suggestions about how to
15 minimize disposal costs and maximize diversion. Applicants shall be
16 familiar with other requirements governing the disposal of solid waste in
17 California, including identification of materials that are prohibited from
1$ disposal in municipal landfills.
19 g. This Article VII does not require the use of specific waste service
20 providers or require disposal of waste or divertible material at the Neal
21 Road Landfill.
22 h. Upon completion of the Project, the Solid Waste Manager, or his or
23 her designee, will review the Construction & Demolition Waste Diversion
24 Plan compliance by the Responsible Party to determine if Plan goals
25 where met. Responsible Party shall submit, to the Solid Waste Manager, a
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1 report disclosing the types and amounts of salvaged, reused, recycled
2 commodities and landfilled tonnage, on a form approved by the Solid
3 Waste Manager, within 30 days of completion of the Project, as
4 determined by the Solid Waste Manager.
5 Section 31-64. Diversion Requirement Exemption.
6 a. Application: If an Applicant for a Project experiences unique
7 circumstances that the Applicant believes make it infeasible to comply
S with established Diversion Requirements, the Applicant may request, in
9 writing, an exemption from one or all of the waste diversion requirements
10 during the building permit process.
11 b. Meeting with Solid Waste Manager: The Solid Waste Manager, or his
12 or her designee, shall review all exemption request information supplied
13 by the Applicant and may meet with the Applicant to assess alternative
14 ways of meeting waste diversion requirements. The Solid Waste Manager,
15 or his or her designee, may request that staff from the County Department
16 of Development Services attend this meeting or may require the Applicant
17 to request a separate meeting with Department of Development Services
18 staff Based on the information supplied by the Applicant and, in
19 consideration of information that may be provided by the Department of
20 Development Services, the Solid Waste Manager, or his or her designee,
21 shall determine whether it is possible for the Applicant to meet any or all
22 of the Diversion Requirements of the project.
23 c. Granting of Exemption: If it is determined that it is infeasible for the
24 Applicant to meet all of the diversion requirements specified herein, the
25 Solid Waste Manager, or their designee, shall determine alternate permit
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1 conditions and will inform the Applicant, in writing, of any such
2 alternative requirements.
3 Section 31-65. Notice of violation and administrative penalty.
4 a. Notwithstanding any other provision of this code to the contrary,
5 including, but not limited to Sections 1-7 and 41-5, a violation of Section
6 3163{a) shall not be charged as an infraction.
7 b. Ln addition to any other remedy authorized by this code or applicable
8 law, any violation of the provisions of this chapter will be subject to an
9 administrative penalty, enforcement, and collection proceedings, as set
10 forth in this chapter and authorized by section 53069.4 of the California
11 Government Code. Each day of a continuing violation constitutes a
12 separate violation.
13 c. Except as otherwise provided in subsection d, the Solid Waste
14 Manager may impose an administrative penalty for each violation in an
15 amount not to exceed $100 for the first violation, $200 for the second
16 violation of the same provision of this chapter within one year after the
17 first violation, and $500 for each additional violation of the same
18 provision of this chapter within one year after the first violation.
19 d. If the Solid Waste Manager determines that a Project is in violation of the
20 requirements of Section 31-63{a}, the Solid Waste Manager may impose an
21 administrative penalty equal to $250 for every ton or fraction of a ton of C&D
22 debris that was not recycled or reused as required.
23 d. Whenever the Solid Waste Manager determines that a violation of any
24 provision of this article VII has occurred, the Solid Waste Manager is
25 authorized to issue a notice of violation. The Solid Waste Manager's issuance
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1 of a notice of violation is final unless an administrative appeal has been filed
2 as provided in Section 31-66. Tf such an administrative appeal is not filed, the
3 Solid Waste Manager may withhald approval of any and all Diversion Plans
4 submitted by the responsible person on any projects} until the applicable
5 administrative penalty has been paid, and the amount of any unpaid
6 administrative penalty may be declared a lien on any real property on which
7 the project took place, as provided in Section 31-6$.
8 e. The notice of violation shall specify the conditions constituting the
9 violation, the time, if any, within which the violation must be corrected, the
10 applicable administrative penalty, and the availability of an administrative
11 appeal as provided in Section 31-66. The notice of violation shall also state
12 that if such an administrative appeal is not filed and the applicable
13 administrative penalty has not been paid, the Solid Waste Manager may
14 withhold approval of any and all Diversion Plans submitted by the responsible
15 person on any projects} until such penalty has been paid, and the amount of
16 any unpaid administrative penalty maybe declared a lien on any real property
17 on which the project took place, as provided in Section 31-68.
18 £ A notice of violation shall be served upon a responsible person{s) by
19 personal delivery or by registered or certified mail, return receipt requested, at
20 the Solid Waste Manager's election. In the event that, after reasonable effort,
21 the Solid Waste Manager is unable to serve the notice of violation as set
22 above, service shall be accomplished by posting a copy of the notice on the
23 premises of the project. The date of service is deemed to be the date of
24 mailing, personal delivery, or pasting, as applicable.
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1 g. The total amount of administrative penalties unposed for a project under
2 this section may not exceed 15 percent of the value of the project, as described
3 on the permit application(s), or $50,000, whichever is less, except that the 15
4 percent limit shall not apply to demolition projects.
5 h. Any penalty collected under this section will be deposited in a sepazate
6 revenue fund entitled "Solid Waste Management Fund."
7 Section 3l -66. Administrative review of notice of violation.
8 a. Any person upon whom a notice of violation has been served may request
9 an administrative review of the accuracy of the contents of the notice andlor
10 the propriety of any administrative penalty by filing a written notice of appeal
11 with the Solid Waste Manager no later than 30 days after the date of service of
12 the notice of violation. The notice of appeal must include all facts supporting
13 the appeal and any statements and evidence, including copies of all written
14 documentation and a list of any witnesses, that the appellant wishes to be
15 considered in connection with the appeal.
1G b. The appeal shall be heard by a hearing officer designated by the Solid
17 Waste Manager. The hearing officer shall conduct a hearing concerning the
18 appeal within 45 days from the date that the notice of appeal is filed, or on a
19 later date if agreed upon by the appellant and the county, and shall give the
20 appellant ten days prior written notice of the date of the hearing. The hearing
21 officer shall sustain, rescind, or modify the notice of violation by written
22 decision. The hearing officer shall have the power to waive any portion of an
23 administrative penalty in a manner consistent with the decision. Service of
24 the hearing officer's decision shall be made on the appellant in the manner
25 provided in subsection f of Section 31-65. The decision of the hearing officer
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1 is final and effective on the date of service of the written decision, is not
2 subject to further administrative review, and constitutes the final
3 administrative decision. zf judicial review ofthe fnal administrative decision
4 is not sought in accordance with the provisions of Section 31-67, the decision
5 of the hearing officer shall be deemed confirmed and the Solid Waste
6 Manager may withhold approval of any and all Diversion Plans submitted by
7 the responsible person on any project(s) until the applicable administrative
8 penalty has been paid, and the amount of any unpaid administrative penalty
9 maybe declared a lien on any real property on which the project took place, as
10 provided in Section 31-6$.
11 Section 31-67..ludicial review.
12 Within 20 days after service of the written decision of the hearing officer, a
13 person contesting that decision may seek review of the decision by filing an
14 appeal in the superior court pursuant to section 53069.4 of the Government
15 Code. A copy of the notice of appeal must be served in person or by fzrst-
16 class mail upon the clerk of the board of supervisors of the County of Butte by
17 the person filing the appeal and a copy of the notice of appeal must be
18 submitted to the Solid Waste Manager. if the decision of the court is against
19 the contestant, the Solid Waste Manager may withhold approval of any and all
20 Diversion Plans submitted by the responsible person on any project{s) until
21 the applicable administrative penalty has been paid, or the amount of any
22 unpaid administrative penalty maybe declared a lien on any real property on
23 which the project took place, as provided in Section 31-68.
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1 Section 31-68. Enforcement and collection of administrative penalties.
2 a. Prior to recordation of a lien declared under this Chapter in the amount of
3 an unpaid administrative penalty, notice shall be given to the owner of the
4 property to be subject to the lien and shall be served in the same manner as a
5 summons may be served pursuant to section 415.10 et seq. of the Code of
6 Civil Procedure.
7 b. The lien shall attach upon recordation in the off ce of the county recorder.
8 The lien shall specify the amount of the lien, the date of the violations, the
9 date of the final decision, the street address (if any}, legal description, and
10 assessor's parcel number of the parcel on which the lien is imposed, and the
11 name and address of the record owner of the parcel.
12 c. In the event that the lien is discharged, released, or satisfied, either
13 through payment or foreclosure, the county shall record a notice of the
14 discharge containing the information specified in subsection b.
15 Section 31-69. Standards, guidelines, and criteria.
16 The Solid Waste Manager may establish andlor adopt standards, guidelines,
17 and criteria consistent with this chapter which are reasonably necessary to
1$ achieve the objectives of this chapter.
19 Section 31-70. Inspections, inquiries, and audits.
20 The Solid Waste Manager may make any and all inspections, inquiries, and
21 audits as the Solid Waste Manager may deem necessary to determine
22 compliance with this chapter.
23 Section 31-71.Option to Revise.
24 The County will periodically evaluate this Article VII to determine its
25 effectiveness in reducing the amount of construction and demolition debris
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1 Iandfilled. If the County determines that additional construction and
2 demolition debris can reasonably be diverted beyond that which is required
3 herein, the County may amend these provisions and implement additional
4 measures to divert more materials. In making this determination, the County
5 will consider issues such as the amount of construction and demolition debris
6 being landfilled, the volume of construction and demolition debris being
7 generated, availability of markets for various types of construction and
8 demolition debris, the extent to which construction and demolition debris
9 contributes to the County overall waste stream, and other barriers and
10 opportunities that Applicants may face.
11 Section 2. Section 1-7 of Chapter 1 of the Butte County Code is hereby amended to read
12 as follows:
13 a. Whenever in this Code or in any other ordinance of the county or in any
14 rule or regulation promulgated pursuant thereto, any act is prohibited or made
1 S or declared to be unlawful or an offense, or the doing of any act is required or
16 the failure to da any act is declared to be unlawful or a misdemeanor, where
17 no specific penalty is provided for, the violation of any such provision of this
18 Code or any other ordinance, rule or regulation of the county shall be
19 punished by a fne not exceeding one thousand dollars ($1,000) or
20 imprisonment for a teem not exceeding six (d) months, or by both such fine
21 and imprisonment.
22 b. Notwithstanding any provision of this Code to the contrary in subsection
23 (a} above or in chapter 4, 10, 11, 13, 14, 19, 23B, 24, 26, 26A, 2bB, 27, 28,
24 28A, 28B, 31, with the exception of Section 31-63 of Article VlZ of Chapter
25 31, 32, 33, or 37, whenever any provision in any of said chapters provides that
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1 any act is prohibited or made or declared to be unlawful or a misdemeanor ar
2 an infraction, or requires the doing of any act or declares the failure to do any
3 act unlawful or a misdemeanor or an infraction, the violation of such
4 provision may be charged as an infraction and punishable as specified in
5 section 41-5. This subsection {b) shall apply to the violation of any provision
6 described herein, including but not limited to the following sections of this
7 Code: 4-1, 41.1,. 4-1.2, 4-1.3, 4-1.5, 4-2, 4-3, 4-13, 10-1, 10-2, 10-8, 10-22,
8 11-2, 11-4, 11-5, 11-6, 11-7, 11-8, 11-10, 11-11, 11-18, 13-3, 13-104{a}, 14-i,
9 14-4, 14-5, 14-12, 14-15, 14-21, 14-28, 14-30, 14-47, 14-4$, 14-61, 14-80, 14-
10 91, 19-3, 19-4, 19-5, 19-7, 19-18, 23B-3, 23B-10, 24-4, 24-5, 24-6, 24-36.2,
11 24-63.1, 24-68, 26-6, 26A-4, 26A-12, 26B-5, 27-b, 284, 28A-2, 28B-2, 31-1,
12 31-5, 31-7.5, 31-8, 31-8.5, 31-11, 32-10, 33-3, 33-4, 37-7, 37-8, 37-9, 37-16,
13 37-22 and 37-23.
14 c. Every day any violation of this Code or any other ordinance, rule or
15 regulation of the county continues shall constitute a separate offense.
16 Section 3. Section 41-5 of Chapter 41 of the Butte County Code is hereby amended to
17 read as follows:
18 a. Violations Charged and Punished as Infractions: Notwithstanding any
19 provision of this Code to the contrary in chapters 10, 11, 13, 14, 19, 23B, 24,
20 26, 26A, 26B, 27, 28, 28A, 28B, 31, with the exception of Section 31-63 of
21 Article VII of Chapter 31, 32, 33, 37, and 41, whenever any provision in any
22 of said chapters provides that any act is prohibited or made or declared to be
23 unlawful or a misdemeanor or an infraction, ar requires the doing of any act or
24 declares the failure to do any act unlawful or a misdemeanor or an infraction,
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1 the violation of such provision maybe charged as an infraction punishable by
2 imposition of the following fines:
3 {1) Upon a first conviction, a f ne of one hundred dollars ($100.00};
4 (2} Upon a second conviction of violating the same chapter of this Code
5 within the twelve-month period immediately preceding the commission of the
6 current violation, a fine of two hundred dollars ($200.00);
7 {3) Upon a third conviction of violating the same chapter of this Code within a
$ twelve-month period immediately preceding the commission of the current
9 violation, a fine of five hundred dollars ($500.00).
10 b. Each Day a Separate Offense: Each and every day or portion thereof that
11 a person violates or continues to violate any such provision of any of said
12 chapters constitutes a separate offense and may be charged and punished
13 separately without awaiting conviction of any prior violation.
14 c. Misdemeanors. Any violation which may be otherwise charged and
15 punishable as an infraction pursuant to subsection (a) above may be charged
i6 and punishable as a misdemeanor if the defendant has been convicted of three
17 {3) or more violations of the same chapter of this Code within the twelve-
18 month period immediately preceding the commission of the current violation.
19 For purposes of this subsection, a bail forfeiture or a plea of polo contendere
20 shall be deemed to be a conviction.
21 Section 4. Severability.
22 If any provision of this Ordinance or the application thereof to any person or
23 circumstances is for any reason held to be invalid by a court of competent jurisdiction,
24 such provision shall be deemed severable, and the invalidity thereof shall not affect the
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1 remaining provisions or other applications of the Ordinance which can be given effect
2 without the invalid provision or application thereof.
3 Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30)
4 days after the date of its passage. The Clerk of the Board of Supervisors is authorized
5 and directed to publish this ordinance before the expiration of fifteen (15) days after its
6 passage. This Ordinance shall be published once, with the names of the members of the
7 Board of Supervisors voting for and against it, in the Chico Enterprise Record, a
$ newspaper of general circulation published in the County of Butte, State of California.
9 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
10 State of California, on the 14th day of February 2006 by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and Chair 3asiassen
NOES: None
ABSENT: None
NOT VOTING: None
T OSTASSEN; air
unty Board of Supervisors
ATTEST:
PAUL MCTNTOSH, Chief Administrative Off cer
and Clerk of the Board of Supervisors
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