Under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the city of Loma Linda is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to ten thousand dollars per day.
In order to meet these goals, it is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills.
Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the city of Loma Linda and much of this waste is particularly suitable for recycling and reuse.
The city's commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste.
Certain types of projects are exempt from these requirements.
The city has previously adopted Council Bill R-2000-18 for the construction and demolition policy and now therefore desires to enact said ordinance to further enhance the recycling of materials within the city.
(Ord. 661, 2007)
As used in this chapter:
"Applicant"
means 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 for the applicable permits to undertake any construction, demolition, or renovation project within the city.
"C&D recycling center"
means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than ten percent of the average weight of material separated for reuse received by the facility over a one-month period.
"City-sponsored project"
means a project constructed by the city or a project receiving fifty percent or more of its financing from the city.
Class III landfill.
A landfill means a landfill that accepts nonhazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the California Integrated Waste Management Board (CIWMB) and is regulated by an enforcement agency (EA).
"Construction"
means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
"Construction and demolition material" (C&D material)
means 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.
"Conversion rate"
means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in the waste management plan.
"Covered project"
means the following:
1. 
"Private projects"
means all construction, renovation and demolition project where the total square footage is five hundred square feet or greater and which require the submission of plans, drawings or specifications to any city department for review and approval.
2. 
"City-sponsored projects"
means all city-sponsored construction, demolition and renovation projects, including any project in which at least twenty-five percent of the project funding is provided by or through the city.
"Deconstruction"
means the careful dismantling of buildings and structures in order to salvage as much material as possible.
"Demolition"
means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
"Disposal"
means the final deposition of construction and demolition or inert material, including but not limited to:
1. 
Stockpiling onto land of construction and demolition material that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than thirty days; or
2. 
Stockpiling onto land of construction and demolition material that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year; or
3. 
Stockpiling onto land of inert material that is for a period of time greater than one year; or
4. 
Disposal of construction and demolition or inert material to a landfill.
"Diversion requirement"
means the projected diversion, by weight, of the total construction and demolition material generated by a project via reuse or recycling.
"Divert"
means to use material for any purpose other than disposal in a landfill or transformation facility.
"Enforcement agency (EA)"
means an enforcement agency as defined in Public Resources Code Section 40130.
"Inert backfill site"
means any location other than an inert landfill or other disposal facility to which inert materials are taken for the purpose of filling an excavation, shoring, or other soils engineering operation.
"Inert disposal facility/inert waste landfill"
means a disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal.
"Inert waste"
means only rock, concrete, brick, sand, soil, ceramics, and cured asphalt. "Inert waste" does not include any waste that meets the definition of "designated waste," as defined in Section 13173 of the Water Code, or "hazardous waste" as defined in Section 40141 of the Public Resources Code.
"Mixed material"
means loads that include commingled recyclables and nonrecyclable materials generated at the project site.
"Mixed material recycling facility"
means a processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering reusable and recyclable materials and disposing the nonrecyclable residual materials.
"Performance security"
means any performance bond, surety bond, money order, letter of credit, certificate of deposit, or restricted bank account, provided to the city pursuant to Section 15.58.070.
"Post-consumer material,"
as defined in Public Contract Code Section 12200(b), means "a finished material which would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes." Post-consumer material is generally any product that was bought by the consumer, used, and then recycled into another product.
"Project"
means any activity which requires an application for a building or demolition permit or any similar permit from the city.
"Recycled product,"
as defined in Public Contract Code Section 12200(a), means "all materials, goods, and supplies with no less than fifty percent of the total weight of which consists of secondary and post-consumer material with not less than ten percent of its total weight consisting of post-consumer material." This definition applies to paper products, plastic products, compost and co-compost, glass products, lubricating oils, paints, solvents, retreaded tires, tire-derived products, and steel products. A recycled product also includes products that could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form.
"Recycling"
means 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.
"Renovation"
means any change, addition or modification in an existing structure.
"Reuse"
means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
"Salvage"
means the controlled removal of construction and demolition material from a permitted building or construction site for the purposes of recycling, reuse, or storage for later recycling or reuse.
"Sanitary wastes"
means materials that require special handling procedures such as liquid wastes including domestic sanitary sewage.
"Secondary material,"
as defined in Public Contract Code Section 12200(c), means "fragments of finished products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes post-consumer material, but does not include excess virgin resources of the manufacturing process." This material did not reach the consumer prior to being recycled.
"Sediment"
means soil and other material that has been eroded and transported by storm or well production runoff water.
"Separated for reuse"
means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return 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, and includes source-separated materials.
"Solid waste,"
as per Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include any of the following wastes:
1. 
Hazardous waste, as defined in PRC Section 40141;
2. 
Radioactive waste regulated pursuant to the Radiation Control Law [Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code];
3. 
Medical waste regulated pursuant to the Medical Waste Management Act [Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code].
"Source-separated materials"
means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the purpose of recycling, i.e., loads of concrete that are source-separated for delivery to a recycling facility.
"Virgin material"
means the portion of the product made from nonrecycled material, that is, the material that is neither post-consumer nor secondary material.
"Waste hauler"
means a company that possess a valid permit from the city of Loma Linda to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the city of Loma Linda's name.
"Waste management plan" (WMP)
means a completed waste management plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.
"Waste management plan compliance official"
means the director of public works or his or her designee.
(Ord. 661, 2007)
It is required that at least sixty percent of the estimated tonnage of construction and demolition material generated from each covered project shall be diverted from disposal. The sixty percent of the estimated tonnage of construction and demolition material shall not include any inert materials that are disposed in an inert backfill site.
(Ord. 661, 2007)
A. 
Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the WMP required under Section 15.58.060 (waste management plan) of this chapter.
B. 
Meeting with Compliance Official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss feasible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the WMP compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.
C. 
Granting of Exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement that the applicant shall be required to meet, and will inform the applicant in writing of the new requirement. The applicant shall then have fifteen days to resubmit another WMP, which is in compliance with the new diversion requirement. If the applicant fails to resubmit, or if the resubmitted WMP does not comply with Section 15.58.060 (waste management plan), the WMP compliance official shall disapprove the WMP in accordance with Section 15.58.060 (waste management plan).
D. 
The following are categorically exempt from the requirements of this chapter:
1. 
Work for which a building or demolition permit is not required;
2. 
Roofing projects that do not include tear-off of existing roof;
3. 
Work for which only a plumbing, electrical, or mechanical permit is required;
4. 
Seismic tie-down projects;
5. 
Projects where no structural building modifications are required;
6. 
Emergency demolition required to protect the public health and safety;
7. 
Other work as determined by the city manager or his or her designee based on their review of the record or facts.
(Ord. 661, 2007)
A. 
Covered Projects (Construction and Renovation). All construction and renovation projects within the city that are five hundred square feet or greater shall comply with this chapter, and shall submit a waste management plan prior to beginning any construction or demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 15.58.100 (fines/penalties) below.
B. 
Covered Projects (Demolition). All demolition projects within the city that are five hundred square feet or greater shall comply with this chapter, and shall submit a waste management plan prior to beginning any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 15.58.100 (fines/penalties) below.
C. 
Noncovered Projects (Construction and Renovation). Applicants for construction and renovation projects within the city whose projects are less than five hundred square feet are not required, but shall be encouraged, to divert at least sixty percent of all project-related construction and demolition waste.
D. 
Noncovered Projects (Demolition). Applicants for demolition projects within the city whose projects are less than five hundred square feet are not required, but shall be encouraged, to divert at least sixty percent of all projectrelated demolition waste.
E. 
City-sponsored Projects (Construction and Renovation). All city-sponsored construction and renovation projects shall submit a waste management plan prior to beginning any construction or demolition activities, and shall be subjected to the provisions of this chapter.
F. 
City-sponsored Projects (Demolition). All city-sponsored demolition projects shall submit a waste management plan prior to beginning any demolition activities, and shall be subjected to the provisions of this chapter.
G. 
Deconstruction/Salvage Interval for Covered Demolition Projects. Every covered project that involves demolition shall be made available for deconstruction and/or salvage prior to demolition. It shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. In order to provide sufficient time for deconstruction and/or salvage, no demolition may take place until a period of ten working days has elapsed from the date of issuance of the demolition permit. Recovered and salvaged material from every project shall qualify to be counted in meeting diversion requirements of Section 15.58.030 (diversion requirement). Recovered or salvaged recyclables and reusable materials may be given away or sold on the premises, or may be removed to reuse facilities for storage or sale. The applicant shall provide written supporting documentation such as letters of donation, bills of sale or other information with the final submission of the waste management plan results that shall clearly document the final destination of the recovered or salvaged materials, the quantity or items that were recovered or salvaged, and the recipient of those materials.
H. 
Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.
(Ord. 661, 2007)
Prior to starting the project, every applicant shall submit a properly completed "waste management plan" (WMP) to the WMP compliance official, in a form as prescribed by that official, as a portion of the building or demolition permit process. The completed WMP shall contain the following:
A. 
The square footage of the proposed project;
B. 
The estimated weight of project waste to be generated by material type;
C. 
The maximum weight of such materials that can feasibly be diverted via reuse or recycling by material type;
D. 
The vendor(s) that the applicant proposes to use to haul the materials;
E. 
The facility(s) that the materials will be hauled to, and their expected diversion rates by material type;
F. 
Estimated weight of construction and demolition waste that will be disposed.
Because actual material weights are not available in this stage, estimates are used. In estimating the weight of materials as identified in the WMP, the applicant shall use the standardized conversion rates approved by the city of Loma Linda for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected feasible diversion rate as described above, and finds the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the WMP shall be deemed incomplete.
A.
Approval. No building or demolition permit shall be issued for any covered project unless and until the WMP compliance official has approved the WMP. Approval shall not be required, however, where emergency demolition is required to protect public health or safety. The WMP compliance official shall only approve a WMP if he or she determines that all of the following conditions have been met:
1.
The WMP provides all of the information set forth in this section.
2.
The WMP indicates that sixty percent of all C&D waste generated by the project shall be diverted (or new diversion goal set in accordance with the applicant's approved diversion exemption request); and
3.
The applicant has submitted an appropriate deposit for the project.
B.
Nonapproval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that at least sixty percent (or new diversion goal set in accordance with the applicant's approved diversion exemption request) of all C&D waste generated by the project will be diverted, he or she shall either:
1.
Return the WMP to the applicant marked "Disapproved," including a statement of reasons, and will notify the building department, which shall then immediately stop processing the building or demolition permit application; or
2.
Return the WMP to the applicant marked "Further Explanation Required."
(Ord. 661, 2007)
As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a performance security (cash, letter of credit, performance or surety bond, money order) in the amount of one dollar for each estimated square foot, but not less than fifty dollars. The performance security shall be returned, without interest, in total or prorated, upon proof of satisfaction by the WMP compliance official that no less than the required percentage of construction and demolition material tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition material tonnage than required is diverted, a proportionate share of the performance security shall be returned. The performance security shall be forfeited entirely or to the prorated extent that there is a failure to comply with the requirements of this chapter. The city may, by formal resolution, modify the amount of the required performance security.
(Ord. 661, 2007)
During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste, and shall keep records of the tonnage or other measurements approved by the city that can be converted to tonnage amounts. The WMP compliance official will evaluate and may monitor each covered project to determine the percentage of construction and demolition materials salvaged, recycled or reused from the covered project as well as the tonnage of materials that was subject to disposal. For covered projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.,) and dimensional lumber, wallboard, concrete and corrugated cardboard. Under no condition shall the on-site practices, including but not limited to the process of separating materials on-site, storage of separated materials or other activities under this chapter violate the areawide urban stormwater runoff permit for San Bernardino County and the incorporated cities, NPDES Permit No. CAS618036 or subsequent permits as adopted by the Santa Ana regional water quality control board.
(Ord. 661, 2007)
Within fifteen calendar days following the completion of the demolition phase of a covered project, and again within fifteen calendar days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the WMP compliance official that proves compliance with the requirements of Sections 15.58.060 (waste management plan) and 15.58.030 (diversion requirement). The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. In addition, where materials were recovered or salvaged recyclables and reusable materials were given away or sold on the premises, or removed to a reuse facility for storage or sale, the applicant shall provide written supporting documentation such as letters of donation, bills of sale or other information that shall clearly document the final destination of the recovered or salvaged materials, the quantity or items that were recovered or salvaged, and the recipient of those materials. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or are to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available.
To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.
If a covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the WMP compliance official before issuance of a building permit for the construction phase of a covered project.
In the event that a covered project does not generate any waste or recyclable materials, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the WMP compliance official. Said letter shall contain the following statement:
The undersigned hereby certifies that, to the best of his/her knowledge, that the above provided information is correct; that the undersigned understands that the submission of any known false statements regarding the generation of no waste or recyclable materials from the project shall be subject to civil penalties as set forth in Chapter 15.58 of the City of Loma Linda Municipal Code.
(Ord. 661, 2007)
Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorney's fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.
In the event that an applicant who would be subject to the requirements set forth in this chapter, fails to comply with Section 15.58.060 (waste management plan), prior to commencement of work on a covered project, shall be fined the equivalent of three times the amount of deposit that would have been required under Section 15.58.070 (deposit required), and shall be subject to a "stop work" order issued by the city until such WMP is submitted as required. Such fine shall be separate from the deposit required under Section 15.58.070 (deposit required) and in addition to the fines set forth herein Section 15.58.100 (violations).
At minimum, any deposit posted pursuant to Section 15.58.070 (deposit required) shall be forfeited if the applicant does not meet the timely reporting requirements of Section 15.58.090 (reporting), or does not comply with any other requirements of this chapter.
(Ord. 661, 2007)
Any decision issued by the waste management plan compliance official may be appealed by submission of a written appeal to the city manager within ten calendar days from the date of the decision.
(Ord. 661, 2007)