For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless otherwise noted. Reference is made to definitions set forth in Section 8.44.010 of this chapter which also apply to this chapter:

“Applicant” means person, as defined in this chapter, who applies to the city for the applicable permits to undertake any construction, demolition or renovation project within the city.

“Certified mixed debris recycling facility” means a processing facility for which the director has issued a certification that the facility has obtained all applicable federal, state and local permits, and diverts a minimum of fifty (50) percent of all incoming mixed construction and demolition debris.

“Construction” means the building or enlargement of any structure, or any portion thereof, and includes, without limitation, alterations or improvements to an existing structure.

“Construction and demolition debris” or “C&D debris” means material other than hazardous waste, radioactive waste, or medical waste, that is generated by or results from construction or demolition-related activities including but not limited to: construction, deconstruction demolition, excavation, land clearing, landscaping, reconstruction, remodeling, renovation, repair and site clean-up. “C&D debris” includes, but is not limited to, asphalt, concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. Such material may be commingled with rock, soil, gravel, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. C&D debris does not include rock, soil or gravel that is transferred from one (1) location to another location within the covered project site and that is not removed from the covered project site.

“Conversion rate” means the rate set forth in that certain standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, approved by the director.

“Covered project” means any project meeting the thresholds as set forth in this chapter. “Covered project” does not include any of the following:

1. An immediate or emergency demolition required to protect the public health, safety or welfare, as determined prior to such demolition by the director, a public safety official or code compliance officer;

2. An exception granted by the director pursuant to Section 8.58.100 of this chapter;

3. Any of the following that have been approved or issued prior to September 6, 2005:

a. A project for which an administrative exception, conditional use permit or design review approval has been obtained from the city,

b. A project for which a valid building permit has been issued;

4. Roofing projects that do not include the tear-off of fifty (50) percent or more of the square footage of an existing roof.

“Deconstruct” means the dismantling of buildings and structures in order to salvage materials for diversion.

“Demolition” means the decimating, razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.

“Director” means the director of public works or his or her authorized representative.

“Diversion security deposit” means cash, certified or cashiers’ check, certificate of deposit, a letter of credit or other security in a form approved by the director.

“Divert” and “diversion” means the reuse or recycling of construction and demolition debris which avoids its disposal into a landfill.

“Permit” means any building or demolition permit as validly issued by the city.

“Project” means a covered project, unless otherwise exempt under this chapter, for new or changed use, construction or alteration of any structure that requires a permit from the city and that meets one (1) or more of the following thresholds:

1. Residential additions of one thousand (1,000) square feet or more of gross floor area;

2. Tenant improvements of three thousand (3,000) square feet or more of gross floor area;

3. New structures of one thousand (1,000) square feet or more of gross floor area;

4. Demolition of one thousand (1,000) square feet or more of gross floor area; or

5. Any additions, improvements, construction or demolition with an estimated valuation of one hundred thousand dollars ($100,000.00) or more.

“Project C&D debris” means the C&D debris generated within a covered project. Project C&D debris does not include rock, soil, or gravel that is transferred from one (1) location to another location within the covered project site and that is not removed from the covered project site.

“Project completion” means the date of the final inspection of the covered project pursuant to this chapter, or if no final inspection is required, thirty (30) calendar days following the date the work authorized by the permit(s) is completed, as determined by the director.

“Reuse” means the use of a material in the same or similar form as originally produced, which material would otherwise be disposed. “Reuse” does not include the transfer of rock, soil or gravel from one (1) location to another location within the same covered project site.

“Structure” means a structure as defined in the California Building Code, as adopted by the city council, Volume I of the Glendale Building and Safety Code, and as same is subsequently amended.

“Vendor” means any company, person, or other third party that disposes, collects, receives, recycles, or reuses covered project C&D debris.

“Waste reduction and recycling plan” means a written plan for recycling and reuse of covered project C&D debris prepared and submitted pursuant to Section 8.58.050 of this chapter in a form prescribed or approved by the director. (Ord. 5627 § 1, 2008: Ord. 5478 § 5, 2005)

Compliance with the provisions of this chapter shall be listed as a condition of approval on all building or demolition permits issued for a covered project. (Ord. 5478 § 6, 2005)

All construction and demolition debris must be taken to a certified mixed debris recycling facility or a recycler must divert all of the accepted waste from the landfill. (Ord. 5627 § 2, 2008: Ord. 5478 § 7, 2005)

A. For covered projects, prior to issuance of a building or demolition permit, the applicant shall complete and submit a waste reduction and recycling plan to the city's building official along with a fee for the administration of such plan.

B. Such fee shall be established or modified by resolution of the city council. The schedule for such fee shall remain on file and be available for inspection in the office of the director. The city shall review the fee charged for such plan administration at least once annually and shall, with the approval of the city manager, recommend changes to the council.

C. The waste reduction and recycling plan shall include, but not be limited to, the following information, calculated with the conversion rate, and shall be attested by the applicant, under penalty of perjury, as true and correct for all stated:

1. The estimated volume or weight of construction and demolition debris, divided between inert debris and other debris;

2. The estimated volume or weight of the inert and other construction and demolition debris that can be diverted;

3. The estimated volume or weight of the inert and other construction and demolition debris that will be landfilled as solid waste;

4. The identification of the vendors or facilities that will collect or receive the construction or demolition debris or that will deconstruct the structure;

5. The estimated date on which demolition or construction is to commence;

6. Where all of the facts cannot be ascertained, the applicant shall provide the best estimate based on all information reasonably available about the covered project. (Ord. 5478 § 8, 2005)

A. No permit will be issued for a covered project unless and until the director has reviewed and approved the waste reduction and recycling plan for the covered project. Such waste reduction and recycling plan shall be approved only if the director determines that:

1. The plan contains all of the information required by this chapter.

2. The plan demonstrates compliance with the requirements of this chapter, such as by delivering all the C&D debris from the project to certified mixed debris recycling facilities. If approved by the director, the recycling or reuse rate of a vendor or facility employed in the recycling or reuse of project C&D debris may be used to substantiate the amount of project C&D debris recycled or reused by that vendor or facility.

3. The applicant has submitted the diversion security deposit in compliance with Section 8.58.060 of this chapter.

B. If at any time it becomes apparent to the director that the contents of an approved plan are no longer ac-curate, the director may require an addendum to the plan with such information as may be required by the director. (Ord. 5478 § 10, 2005)

A. Applicants for permits for a covered project shall submit a diversion security deposit with a waste reduction and recycling plan. The calculation of such diversion security shall be established or modified by resolution of the city council. The director may waive the diversion security if the total diversion security would be fifty dollars ($50.00) or less.

B. An applicant seeking a refund of a diversion security deposit must submit a request for the same with the director within twelve (12) months of the receipt of the certificate of occupancy for the construction or demolition project, or within twelve (12) months of the date that a permit application was withdrawn or cancelled. Upon the director’s determination that the applicant has complied with the requirements of this chapter, as evidenced by the applicant’s submission of a waste reduction and recycling plan compliance report as set forth in Section 8.58.070 of this chapter, or in the event that the building permit application is withdrawn or cancelled before any work has begun, the director shall return the diversion security deposit to the applicant. All deposits for which a refund request has not been received, as required by this section, shall be retained by the city for use in paying the cost of waste diversion efforts.

C. On the director’s determination of noncompliance with the requirements of this chapter, prosecution or other administrative proceedings may be recommended. At such time, the diversion security deposit shall be retained by the director pending the conclusion of all such proceedings. Upon conclusion of all such proceedings, the director may draw upon the diversion security deposit to satisfy any fines, civil penalties, administrative fees or other related charges assessed against the applicant. Any balance remaining thereafter shall be returned to the applicant at the conclusion of all proceedings. (Ord. 5627 § 3, 2008: Ord. 5478 § 11, 2005)

A. Documentation. No later than thirty (30) days from the completion of a covered project, the applicant shall submit a compliance report, under penalty of perjury, to the director. The form shall include, but not be limited to, the following information:

1. The dates demolition and construction actually commenced;

2. The actual volume or weight of construction and demolition debris, divided between inert debris and other debris;

3. The actual volume or weight of inert and other construction and demolition debris that was diverted;

4. A specification of the method used to determine the volumes or weights and a certification that the method used was the most accurate, commercially reasonable method available;

5. Original receipts from all vendors and facilities which collected or received construction and demolition debris, indicating actual weights and volumes received by each;

6. Additional reporting requirements may be added at the discretion of the director. (Ord. 5478 § 12, 2005)

The director may inspect and monitor all covered projects to determine the levels of actual diversion activities and validate the information provided in the waste reduction and recycling plan and compliance report. (Ord. 5478 § 13, 2005)

The director shall have the power to establish rules and regulations consistent with the provisions of this chapter for the enforcement of the provisions of this chapter and the health and sanitary laws and ordinances of the city. (Ord. 5478 § 14, 2005)

Prior to commencing demolition or construction, an applicant wishing relief from the requirements of this chapter may seek an exception, partial or complete, from the requirements of this chapter through the following process:

A. Initiation. The exception process shall be initiated by the filing of a complete exception application with the director.

B. Decision on Application. Following consideration of the exception application, the director shall either make the required findings and take action on the application; or shall state why the findings cannot be made and deny the application.

C. Findings. All of the following findings must be made prior to the approval of an exception:

1. There are exceptional or extraordinary circumstances or conditions applicable to the covered project that do not apply generally to similar covered projects;

2. Granting the application will not constitute a grant of special privilege inconsistent with limitations imposed on like covered projects; and

3. Cost to the applicant of strict compliance with this chapter is not the primary reason for granting the exception. (Ord. 5478 § 15, 2005)

The director may establish and adopt standards, guidelines, and criteria consistent with this chapter which are reasonably necessary to achieve the objectives of this chapter. (Ord. 5478 § 17, 2005)

The director may make any and all inspections, inquiries, and audits as the director may deem necessary to determine compliance with this chapter. (Ord. 5478 § 18, 2005)

Any person or entity aggrieved by any decision by the director under the provisions of this chapter with respect to approving or to denying a waste reduction and recycling plan, or to granting or denying an application for an exception from compliance with this chapter, may file an appeal pursuant to Chapter 2.88 of this code. (Ord. 5478 § 19, 2005)