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To facilitate compliance with your ordinance and avoid conflicts over
issues such as who is an applicant, what projects are covered under the
ordinance, and what counts as diversion, you will want to include a list of
definitions to ensure that contractors understand what is required to
demonstrate compliance with the ordinance. Below is a list of frequently
defined terms in construction and demolition (C&D) diversion ordinances:
Below are example definitions that appear in many of the sample
ordinances currently on the Board’s Construction and Demolition web page.
Some of the definitions are very similar from one to the next, while others
are quite varied. When many jurisdictions used the same or a very similar
definition, the example provided below is labeled “common definition.” When
there was large variation between definitions, multiple example definitions
are provided, with the specific jurisdiction noted. The Board’s
C&D Waste
and Inert Debris Disposal Regulations also contain definitions that may be
applicable to a C&D waste diversion ordinance.
Applicant: Any individual, firm, limited liability company,
association, partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any other entity
whatsoever who applies to the City/County for the applicable permits to
undertake construction, remodeling or demolition project within the
City/County. (Common definition)
Construction: The building, rehabilitation, remodeling, renovation
or repair of any structure or any portion thereof including any tenant
improvements to an existing structure. (Common definition)
Construction and demolition (C&D) waste, debris, or material: Of all the sample definitions,
this one seemed to have the most variety amongst the sample ordinances
reviewed, with definitions varying in length and detail. Below are
variations of this definition:
- Discarded materials
generally considered to be not water soluble and non-hazardous in
nature, including but not limited to steel, glass, brick, concrete,
asphalt material, pipe, gypsum, wallboard, and lumber from the
construction or destruction of a structure as part of a construction or
demolition project or from the renovation of a structure and/or
landscaping, and including rocks, soils, tree remains, trees, and other
vegetative matter that normally results from land clearing, landscaping
and development operations for a construction project. Clean cardboard,
paper, plastic, wood, and metal scraps from any construction and/or
landscape project. Non-construction and demolition debris wood scraps.
De-minimis amounts of other non-hazardous wastes that are generated at
construction or demolition projects, provided such amounts are
consistent with best management practices of the industry. Mixing of
construction and demolition debris with other types of solid waste will
cause it to be classified as other than construction and demolition
debris. (Atherton)
- Used or
discarded materials resulting from construction, remodeling, repair, or
demolition operations on any pavement, house, commercial building, or
other structure and such other materials as may be removed during the
normal cleanup process of such construction, remodeling, repair, or
demolition operations. (Santa Rosa)
- Waste building materials resulting from construction,
addition, remodeling, repair, alteration, or demolition operations.
(Oakland)
- Building materials and
solid waste resulting from construction, remodeling, repair, cleanup, or
demolition operations that are not hazardous as defined in California
Code of Regulations, Title 22 section 66261.3 et seq. This term
includes, but is not limited to, asphalt, concrete, Portland cement
concrete, brick, lumber, gypsum wallboard, cardboard, and other
associated packaging, roofing material, ceramic tile, carpeting, plastic
pipe and steel. The material may be commingled with rock, soil, tree
stumps, and other vegetative matter resulting from land clearing and
landscaping for construction or land development projects. (Santa
Monica)
- Includes discarded
materials generally considered to be not water soluble and non-hazardous
in nature, including but not limited to steel, copper, aluminum, glass,
brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber
from the construction or destruction of a structure as part of a
construction or demolition project or from the renovation of a structure
and/or landscaping, including rocks, soils, tree remains, trees, and
other vegetative matter that normally results from land clearing,
landscaping and development operations for a construction project; (2)
Remnants of new materials, including but not limited to: cardboard,
paper, plastic, wood, and metal scraps from any construction and/or
landscape project; (San Mateo County)
- CIWMB
definition in Construction, Demolition, and Inerts (CDI) regulations
Conversion factor/conversion rate: The rate set forth in the
standardized Conversion Rate Table approved by the City/County/District
pursuant to this Article/Chapter/Section for use in estimating the volume or
weight of materials identified in the waste management plan. (Common
definition)
Covered project: This sample
definition varied amongst the sample ordinances reviewed, with definitions
varying in length and detail. Below are variations of this definition:
- Shall have the meaning set forth in [the threshold section]
(Santa Monica)
- A construction, renovation or demolition project for which a
building permit or a demolition permit is required, covering 5,000
square feet or more. For the purposes of determining whether a project
meets the foregoing threshold, all phases of a project and all related
projects taking place on a single or adjoining parcel(s), as determined
by the Director, shall be deemed a single project. (Contra Costa)
- Includes any project which consists of one or more of the
following: 1) demolition work only where the cost of the work exceeds
$5,000 as determined by the Building Official; 2) The renovation,
remodel or addition to an existing structure, or the construction of a
new structure where the cost of the work exceeds $250,000, as determined
by the Building Official; 3) Commercial, residential or multi-family
residential development, and any new structure that is equal to or
greater than 2,000 square feet. (San Mateo County)
Deconstruction: The careful and systematic dismantling of
buildings and structures in order to salvage materials for diversion. (La
Habra)
Demolition: This sample definition varied
amongst the sample ordinances reviewed, with definitions varying in length
and detail. Below are variations of this definition:
- The decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, (wall, fence) whether in
whole or in part, whether interior or exterior. (Common definition)
- The deconstructing, destroying, razing, tearing down, or wrecking
of any facility including its foundation, covered by this chapter. As
used herein, the word "demolition" shall include any partial demolition
and any interior demolition affecting more than ten percent of the
replacement value of the structure as determined by the Building
Official. Demolition work includes: (1) proper disposal of recyclables,
solid waste, and hazardous materials pursuant to applicable regulations
and approved plans, if any, (2) termination of utilities serving the
premises including permits and final inspections and approvals, (3)
removal of driveways and repair of public sidewalks, as required, and
(4) site cleanup and restoration including grading, landscaping, and
fencing as required. (Oakland)
Divert/diversion: This sample definition
varied amongst the sample ordinances reviewed, with definitions varying in
length and detail. Below are variations of this definition:
- To use material for any purpose other than disposal in a landfill
or transformation facility. (Common definition)
- The reuse of construction and demolition debris to avoid disposal
in a landfill. (La Habra)
- To use C&D debris for any purpose other than disposal in a
landfill, incineration facility, or alternative daily cover. Methods to
divert materials from landfills include reuse, salvage, and recycling.
(Oakland)
Diversion requirement: This sample
definition varied amongst the sample ordinances reviewed, with definitions
varying in length and detail. Below are variations of this definition:
- The percentage of construction and demolition waste generated from a
covered project by reuse or recycling that must be diverted from
landfills, unless the Applicant has been granted an exemption pursuant
to Part X of this Article/Chapter/Section. If the Applicant has been
granted an exemption, the Diversion Requirement shall be the maximum
feasible diversion rate established by the Public Works Director for the
Project, Compliance Officer, or other designated staff in charge of C&D
Ordinance oversight. (Common definition)
- The diversion of at least fifty (50) percent of the total
Construction and Demolition Debris generated by a Project via reuse or
recycling, unless the Applicant has been granted an Infeasibility
Exemption pursuant to section 5707 of this Chapter, in which case the
Diversion Requirement shall be the maximum feasible diversion rate
established by the waste management plan compliance official for the
Project. (Castro Valley)
- The diversion of a minimum of 50 percent of the total construction and
demolition debris generated by a project, or the lower percentage
requirement granted by exception pursuant to section…. (La Habra)
- At least fifty percent (50 percent) by weight of the total C&D debris is
diverted on an affected project. (Oakland)
- The diversion of at least sixty (60) percent of the total
Construction and Demolition Material generated by a Project via reuse or
recycling, unless the Applicant has been granted an Exemption pursuant
to section 7.60.070, in which case the Diversion Requirement shall be
the maximum feasible diversion rate established by the waste management
plan compliance official
in relation to the project. (Santa Monica)
Performance security/security
deposit:
This sample definition varied amongst the sample ordinances reviewed, with
definitions varying in length and detail. Below are variations of this
definition:
- Any performance bond, surety bond, money order, letter of credit,
or certificate of deposit or similar financial guarantee as approved by the
permitting authority submitted to the City/County/District pursuant to
Article/Section/Chapter XX of this Article/Section/Chapter. (Common
definition)
- Cash, certified or cashiers’ check, certificate of deposit, a
letter of credit or other security in a form approved by the Director of
Public Works. (La Habra).
Project: This sample definition varied
amongst the sample ordinances reviewed, with definitions varying in length
and detail. Below are variations of this definition:
- Any activity which requires an application for a building
(renovation) or demolition permit or any similar permit from the
City/County. (Common definition)
- Any proposal for new or changed use, or for new construction,
alteration or enlargement of any structure, that requires a permit form the
City of X. (La Habra)
Recycling/recyclables: This sample
definition varied amongst the sample ordinances reviewed, with definitions
varying in length and detail. Below are variations of this definition:
- The process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of raw material for
new, reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace. (Common definition)
- The process of collecting, sorting, cleansing, treating, and
reconstituting construction and demolition debris that would otherwise be
disposed of in a landfill; for use as raw material for new, reused, or
reconstituted products which meet industry standards. (La Habra)
- Residential, commercial, or industrial materials or by-products
which are set aside, handled, packaged, or offered for collection in a
manner different than solid waste for the purpose of being reused or
processed and then returned to the economic mainstream in the form of
commodities. (Oakland)
- The process of collecting, sorting, cleansing, treating, and
reconstituting materials for the purpose of using the altered form in the
manufacture of a new product. Recycling does not include burning,
incinerating, or thermally destroying solid waste. (Santa Monica)
- The material will be processed and made into new products or
materials. (Contra Costa County)
Renovation/remodeling: Any change, addition or modification in an
existing structure. (Common definition)
Reuse: This sample definition varied amongst
the sample ordinances reviewed, with definitions varying in length and
detail. Below are variations of this definition:
- Further or repeated use of construction and demolition
debris/waste. (Common definition).
- Recovering material for repeated use in the same form. This
includes materials that are reused at the same location as they are
generated. (Oakland)
- The use, in the same or similar form as it was produced, of a
material that might otherwise be discarded. (Santa Monica)
Salvage: This sample definition varied
amongst the sample ordinances reviewed, with definitions varying in length
and detail. Below are variations of this definition:
- The controlled removal of construction or demolition waste/material
from a permitted building, construction, or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse. (Common
definition)
- The controlled removal of materials from a covered project. (San
Mateo County)
- The recovering of C&D debris from a building or demolition site for
the purpose of recycling, reuse, or proper storage for future recycling or
reuse. (Oakland)
Waste management plan: A completed waste
management plan
(WMP)
form, approved by the City/County for the purpose of compliance with this
Article/Section/Chapter, submitted by the Applicant for any Covered or
Non-covered project. (Common definition)
Waste management plan compliance official:
This sample definition varied amongst the sample ordinances reviewed, with
definitions varying in length and detail. Below are variations of this
definition:
- The designated staff person(s) authorized and responsible for
implementing this chapter. (Castro Valley/Oakland)
- The administrator of the Refuse Division of the Dept. of Public
Works, or his or her designee. (La Habra/Santa Monica)
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