CHAPTER I. GENERAL
Article 1. Object
This Ordinance is intended to regulate the controlled management of land, demolition and rubble and waste from general construction work involving demolition, construction and excavation, intended for abandonment, by establishing an additional regulation to that of granting municipal works licences.
Article 2. Area of application
This ordinance will be strictly observed in the whole of the municipal area of Santa Susanna.
Article 3. Definitions
3.1 In the object of this ordinance, land or rubble are classified into:
a) Demolition: materials or substances that are obtained from the demolition of buildings, installations and factory work in general
b) Construction: materials and waste substances caused in construction activity
c) Excavation: land, stone or other materials caused in land excavation work.
3.2 At the same time, three basic cases of work are considered:
a) Demolition work: this is a work subject to a municipal licence where a pre-existing building or construction is to be demolished.
b) New construction work: this is the work subject to municipal licence that generates waste derived from construction activity, resulting from land excavation or waste.
c) Minor work: this is work corresponding to small refurbishments of buildings that do not suppose complete demolition and/or those that require no technical project and are subject to a minor works licence.
Article 4. General regulation
4.1 In awarding new works licences for demolition or new construction, a guarantee or bond will be determined to reply for the fact that these waste materials are dealt with in facilities authorised to receive them.
4.2 Also determined will be the costs of managing and/or transporting the land and rubble from demolitions, new constructions and minor works, which the applicant will have to settle according to the payment system determined in article 5 hereof.
Article 5. Procedure
5.1 Applicants for a works licence for demolition and/or new construction will have to:
a- Include an evaluation of the foreseeable volume of land and rubble in the technical documentation. This will be checked in the procedure to issue the licence by the municipal technical services (or regional, as the case may be).
b- Certify before the Town Hall that they have signed an acceptance document with an authorised manager to guarantee the correct disposal of waste separated by type. This document must show the manager code and the domicile of the work.
5.2. Following the granting of the municipal licence implying the production of rubble or land (from works, demolition, excavation, ...), the applicant must carry out the following procedures:
a) When the land and rubble treatment facility is public (it may be municipal or supramunicipal), the applicant will obtain a number of vouchers corresponding to the expected volume of land and rubble, with the possibility of acquiring them gradually depending on their management needs.
The vouchers must be stamped in the authorised management facility determined by the Town Hall and later presented for recovering the bond as determined in article 9 of this Ordinance.
b) When the land and rubble treatment facility is private and duly authorised, the applicant will have to pay the corresponding price for its treatment and obtain documentary justification thereof.
In either case, the applicant will have to constitute a bond to enable the correct management of the land and rubble.
5.3 Construction companies will be exempt from the bond if they manage the waste in authorised plants held by them or by business organisations from the construction sector of which they are a member. They will also be exempt if the plant is owned by the local entity awarding the licence.
5.4 In either of the mentioned cases, there will have to be the corresponding municipal authorisation and the correct management will have to be certified before the Waste Board when so required.
Article 6. Determination of costs and guarantees
6.1 The amount of the bond to guarantee the correct management of land and rubble is established according to the first additional provision of Decree 201/1994 of 26th July in modified form regulating demolition and other construction waste in the following amounts:
a) Waste from demolition and construction, 12.02 €/m3 of waste expected in the project, with a minimum 120.20 €
b) Excavation waste, 6.01 € /m3, with a minimum 300.51 € and a maximum 24,040.48 €.
In cases where it is demonstrated that it is difficult to foresee the volume of waste, the bond will be calculated on the basis of the following percentages to be applied to the total budget of the work:
- Demolition work, 0.15 %
- New construction work, 0.15 %
- Excavation work, 0.07 %
In any case, the amount resulting from the application of these percentages may not be under the minimum or over the maximums established in Decree 201/1994 in modified form.
6.2 The bond will be established by the applicant in favour of the town hall at the time of obtaining the works licence according to the evaluation of the expected generation of land and rubble included in the technical documentation of the application for the licence of demolition, new construction, and/or excavation and, if difficulty is shown in foreseeing the volume of waste, the amount of the bond will be calculated on the basis of the percentages mentioned in the previous aside.
The administration, when it detects some fault in the basis of the calculation, may require the applicant to constitute the rest of the bond corresponding to the difference in the budget. The bond may be made effective by the applicant by the following means:
a) Deposit in cash or public securities in the Caixa General de Dipòsits (General Office of Deposits) or any of its branches or the Corporation or Entity concerned, as the case may be.
b) Joint guarantee or bond provided by a bank or banker officially registered by a confederated savings bank, savings Post Office or qualified Credit Co-operative.
Article 7. Management system
The place where the land or rubble is delivered will be that indicated on the licence, and it may be delivered in the following ways:
a) Directly in the containers placed according to the corresponding municipal or local regional ordinances, which will have to be contracted by the owner, producer or holder of the waste, and which will then be transported to the authorised controlled rubble deposit.
b) Directly in the authorised management facilities (provisional collection area, controlled deposit, recycling plant) that may be municipal, supramunicipal or local regional, by paying the corresponding price in the cases where this might proceed.
Article 8. Exclusions
8.1 Waste intended for abandonment will not include land or materials proceeding from excavations that have to be reused for filling another work or for another authorised use. In this sense, the licence holder will be exempt from paying the price on the presentation of the justifying receipts.
In any case, the corresponding municipal authorisation will be necessary, and the correct management will have to be certified with the Waste Board when required.
Article 9. Bond return
The amount of the bond will be returned when it is documentarily certified that the management has been performed correctly. In this sense, the certificate of the manager referring to the quantity and type of waste delivered must be presented within a time of a month counting from the end of the work.
Article 10. Bond execution
Failure to meet the determinations of this Ordinance concerning the correct management of land and rubble will be a reason for the execution of the bond by the Town Hall to act subsidiarily, regardless of the sanctions that might be applied according to the sanctioning system provided in Law 6/1993 of 15th July regulating waste.
CHAPTER II. SANCTIONING AND DISCIPLINARY SYSTEM
Article 11
An infringement will be any action that goes against the requisites of this ordinance, and will be subject to the imposition of the corresponding sanction.
Article 12
Infringements of this ordinance will be those provided in Law 6/1993 of 15th July regulating waste, and will be sanctioned in accordance with the sanctioning system provided in the same legal text.
The amount of the fine ranges from 120.20 €. to 6,010.12 €. for very serious infringements.
Article 13
The infringements are classified as: light, serious and very serious. The classification will be made bearing in mind the criteria of Law 6/1993 of 15th July regulating waste, arts. 80 and 81, in addition to the following:
a) The major or minor importance of the infringement.
b) The damage caused to general interests.
c) Reiteration by the offender.
d) The benefit it has brought to the offender.
e) Any other simultaneous circumstance that affects the blame of the offender.
Article 14
The sanctions for the infringements provided in this ordinance may only be imposed by virtue of the initiation of the corresponding sanctioning dossier, which will be processed according to the current legal framework (Law 30/1992 of public administrations, RD 1398/1993 approving the sanctioning regulation and similar provisions).
Article 15
All physical people or legal entities will be responsible for infringements who, by action or omission, should contravene anything that should be considered an infringement by article 12 of this ordinance.
Article 16
If the action of the offender should suppose a potential risk for the health of people, the environment or any of the legal goods covered by penal legislation, or should imply open disobedience of those of the local authorities, the Municipal administration will make the corresponding claim before ordinary jurisdiction and, if necessary, will report it to the Tax Ministry.
Article 17
In the event of infringement of the provisions of this ordinance and regardless of the imposition of the fines that might proceed, in order to restore the spaces damaged by the infringement, the Municipal Administration may take the following measures:
a) Provisionally suspend the disposal work that contradicts the provisions of this regulation or which is unduly performed.
b) Require the offender to make all necessary rectifications in the time given to adapt to the conditions of the licence or the requisites of this ordinance, and/or, as the case may be, to proceed to re-establish the damaged spaces.
c) Order the application of the suitable technical measures that guarantee compliance with the requisites of this ordinance and with current legislation in the subject.
d) Order the repair of the damage caused to the public facilities or any other public good that might be affected.
TRANSITORY PROVISION
The holder of activities and/or works that produce land or rubble, that started prior to the enforcement of this ordinance and that are still pending management, even though the corresponding bonds might not have been established, are obliged to do this suitably and may be required by the Town Hall at any time to certify this.
FINAL PROVISION
This ordinance will be enforced on the day following the publication of its final approval in the Official Gazette of the Province.