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.
"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.
(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)
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.
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A.
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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:
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1.
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The WMP provides all of the information set forth in this section.
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2.
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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
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3.
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The applicant has submitted an appropriate deposit for the project.
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B.
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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:
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1.
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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
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2.
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Return the WMP to the applicant marked "Further Explanation
Required."
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(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.
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(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)