Sample Construction and Demolition Debris Recycling Documents

County of Ventura: Sample C&D Ordinance Language

Sec. 4770-2- Commercial Generator Waste Diversion Program

Sec. 4770-2.1- Director’s List of Commercial Recyclables - The Director may develop, maintain, and publish, in consultation with contract collectors and other recycling industry representatives a list of recyclables generated by commercial generators that shall be subject to the requirements of Section 47702.2. In determining what types of solid waste shall be included on the Director’s list of recyclables, the Director shall consider and evaluate processing capability and capacity, market availability, and economic feasibility. Nothing in this section is intended to limit or preclude the separate collection and diversion of materials other than and in addition to those on the Director’s list of commercial recyclables.

Sec. 47702.2- Recyclable Materials Separation by Commercial Generators Required - Except as provided in Section 4770-2.3 below, all commercial generators shall separate or cause to be separated from refuse and shall arrange for recycling all materials on the Directors list of commercial recyclables. In fulfillment of this requirement commercial generators may utilize drop-off and buy-back centers, independent recyclers, or the recycling services of a contract collector.

Any commercial generator not participating in the recycling services offered by contract collectors may be subject to periodic waste audits at the County’s expense. The Director may provide technical assistance to ensure compliance with this section. In addition, at the request of the Director, commercial generators not participating in the recycling services offered by contract collectors shall submit to the Director at their own expense annual reports which provide information on, without limitation, the type, amount, and destination of all solid waste disposed and of each recyclable material sold or donated. Any commercial generator not participating in the recycling services offered by contract collectors shall submit to the Director at their own expense annual reports which provide information on, without limitation, the type, amount and destination of all solid waste disposed and of each recyclable material sold or donated. Any commercial generator not participating in the recycling services offered by contract collectors which fails to submit annual reports required by this section shall be required to demonstrate, to the satisfaction of the Director, that it shall accomplish waste diversion at the maximum level indicated as economically feasible by the County waste audit.

Where a property owner or manager provides commercial refuse collection service for a tenant commercial generator, that owner or manager shall also provide a recyclables collection system that is accessible and convenient for tenant use. The recyclables collection system provided for the tenants must include clearly marked containers and storage space, as well as collection. Where a recyclables collection system is established for the joint use of tenants, each tenant shall remain individually responsible for the separation of recyclables pursuant to this section. All commercial generators who have applied for a County building permit for construction and demolition projects shall ensure that materials on the Director’s list of commercial recyclables specific to construction and demolition projects generated on the job site are separated from refuse and diverted from disposal.

Sec. 4770-2.3- Exemption from Section 4770-2.2 - The Director may designate certain categories of commercial generators that are exempt from the requirements of Section 4770-2.2 because they do not generate significant amounts of solid waste or recyclables. In addition any commercial generator may apply for an exemption with respect to the requirements of Section 4770-2.2 by submitting an application for such exemption to the Director. A form for application of the exemption shall be prepared by the Director and supplied to anyone requesting such application. The Director may require that such application be signed under penalty of perjury by the person applying for the exemption. Based upon such application and, if requested by the Director, an inspection of the premises affected, the Director, at his or her discretion, may partially or fully exempt such commercial generator if the Director finds that commercial generator does not generate any significant amount of recyclables, as defined by the Director. As a further condition of granting such exemption the Director may require that the commercial generator consent to continuing inspection of the affected premises at any reasonable time, that the commercial generator remain in compliance with the requirements of the exemption as provided in this section; and that the commercial generator comply with all laws and regulations required by this Article or by all state and local laws applicable thereto. If the applicant refuses to allow an inspection the Director may deny the application. The Director may revoke any exemption that has been granted at any time the Director determines that the commercial generator is no longer qualified for the exemption. Any exemption issued by the Director, and any denial or revocation of the same shall be in writing. The Director shall mail or deliver a copy of any exemption, or denial or revocation to the business and to the contract collector, if any, from which such commercial generator obtains services.

Index of Sample Documents

Last updated: November 01, 2007