California Department of Resources Recycling and Recovery (CalRecycle) 

Local Government Construction and Demolition (C&D) Guide

Severability

This section of a construction and demolition (C&D) diversion ordinance helps to ensure that if any section, subsection, subdivision, paragraph, sentence, clause, or phrase of the ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, that decision would not affect the validity or effectiveness of the remaining portions of the ordinance. Sample language can be viewed in the Model Ordinance.

It is important to note that before you adopt a C&D diversion ordinance, you should investigate whether the sections you choose to include are applicable to your own jurisdiction’s needs. Adopting a sample ordinance that another jurisdiction developed based on its needs and stakeholders’ input, or adopting CalRecycle’s model ordinance, without adapting it to fit your own jurisdiction’s conditions, may result in a less effective C&D diversion program, and/or more staff time spent in revisions to your ordinance at a later date than might otherwise have been necessary.

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Last updated: May 18, 2005
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