This Chapter shall be known and designated as the "Construction
and Demolition Waste Management Ordinance."
(Ord. 747 § 4, 2022)
The City Council of the City of Indian Wells finds that the
City is committed to protecting the public health, safety, welfare
and environment to promote the reduction of solid waste and reduce
the amount of solid waste going to landfills as required under California
law as embodied in the California Waste Management Act (California
Public Resources Code Sections 4000 et seq.). The City is required
to prepare, adopt and implement source reduction and recycling elements
to reach reduction goals and is required to make substantial reductions
in the volume of waste materials going to landfill, under the threat
of penalties of ten thousand dollars ($10,000.00) per day.
The purpose of this Chapter is to reduce landfill waste by requiring
an applicant for every "covered project" to divert a minimum
of fifty percent (50%) with a goal of seventy percent (70%) of the
construction and demolition debris resulting from that project in
compliance with State and local statutory goals and policies and to
create a mechanism to secure compliance with the stated diversion
requirements.
(Ord. 747 § 4, 2022)
For the purposes of this Chapter, the following definitions
shall apply:
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 any permit, as defined in this Chapter,
and who is, therefore, responsible for meeting the requirements of
this Chapter.
means the earliest of the following dates: the date a temporary
Certificate of Occupancy or Certificate of Occupancy is issued for
a project.
means the building or enlargement of any structure, or any
portion thereof, and includes, without limitation, alterations or
improvements to an existing structure.
means the excess or discarded materials, which are removed
from a site during or after the construction or demolition of any
structure, fence, wall, paving, pool, etc. Construction and demolition
debris includes, but is not limited to, the following items:
Components of the building, structure or improvement that is
the subject of the construction work, including, but not limited to,
lumber and wood, gypsum wallboard, glass, metal, roofing material,
tile, carpeting and floor coverings, window coverings, plastic pipe,
concrete, fully cured asphalt, heating, ventilating and air conditioning
systems and their components, lighting fixtures, appliances, equipment,
furnishings and plumbing fixtures;
Tools and building materials utilized in the course of the construction
work including material generated at construction trailers such as
blueprints, plans and other similar wastes;
Cardboard and other packaging materials derived from materials
installed in or applied to the building or structure, or from tools
and equipment used in the course of the construction work;
Plant materials resulting from construction work when commingled
with dirt, rock, inert debris or construction and demolition debris.
means the rate set forth in the standardized conversion rate
table for use in estimating the volume or weight of construction and
demolition debris, approved by the California Integrated Waste Management
Board.
means any project meeting the thresholds referenced in Section 16.75.025.
means the razing, tearing down or wrecking of any structure,
wall, fence or paving, whether in whole or in part, whether interior
or exterior.
mean the careful and systematic dismantling of a structure
in order to salvage materials for diversion.
means the diversion of a minimum of fifty percent (50%) with a goal of seventy percent (70%) of the total construction and demolition debris generated by a project, or the lower percentage requirement granted by exception pursuant to Section 16.75.065.
mean redirection of material that would previously be disposed
into the landfill. Appropriate diversion methods include transfer
of materials to a licensed recycling facility, approved on-site re-use
techniques and other waste minimization methods approved by the waste
management plan compliance official.
means approved processing facility by City, County, State
or Federal Government.
means driveways, walkways, parking areas, streets and sidewalks.
means cash, certified or cashiers' check, certificate
of deposit, a letter of credit or other security in a form approved
by the Director of Public Works.
means any building or demolition permit.
means any proposal for new or changed use, or for new construction,
alteration or enlargement of any structure, that requires a permit
from the City.
mean the process of collecting, sorting, cleansing, treating,
and reconstituting construction and demolition debris that would otherwise
be disposed of in a landfill.
means any change, addition or modification to an existing
structure.
means anything constructed or erected that requires a location
in the ground, including a building or swimming pool, but not including
a fence, driveways or walkways.
means an application packet approved by the Director of Community
Development for the purpose of reviewing project compliance of this
Chapter.
means the Administrator of the Refuse for the City.
(Ord. 747 § 4, 2022)
(a)
Unless otherwise exempt under Section 16.75.040, projects by the City or by any applicant meeting the following thresholds shall be considered a covered project, shall meet the diversion requirement and shall comply with all provisions of this Chapter. It shall be the responsibility of the owner, general contractor and all subcontractors to divert from the landfill the minimum percentage of the recyclable, reusable and salvageable debris or materials required by the California Green Building Standards Code for the following covered projects:
(1)
Residential additions or renovations of two thousand (2,000) 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 two thousand (2,000) square feet or more of gross
floor area;
(4)
Demolition of two thousand (2,000) square feet or more of gross floor
area; and
(5)
All City public works projects.
(b)
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. 747 § 4, 2022)
Recyclable and reusable materials include, but are not limited
to, the following:
(a)
Appliances, including, but not limited to, ovens, stoves, refrigerators,
freezers, water heaters, air conditioners, evaporative coolers, washers,
dryers, lighting and mechanical equipment;
(b)
Cardboard containers and materials;
(c)
Drywall and plaster materials including gypsum and sheetrock;
(d)
Plant materials including tree trimmings, grass, leaves, roots, branches
and palm trees that include their fronds and root balls;
(e)
Masonry building materials, including, but not limited to, all products
generally used in construction (concrete, rock, stone, stucco, brick
etc.);
(f)
All metals such as steel, stainless steel, steel piping;
(g)
Paving materials including asphalt, brick, concrete, paver blocks,
etc.;
(h)
Roofing materials including wood shingles as well as asphalt, stone,
concrete, metal, roof tiles and slate-based roofing material;
(i)
Salvageable materials, including, but not limited to, wallboard,
door and window frames, doors, windows, plumbing or electrical fixtures,
toilets, sinks, bathtubs and mechanical equipment;
(j)
Wood waste, including any and all dimensional lumber, fencing or
construction wood that is not chemically treated, creosoted, CCA pressure
treated, contaminated or painted;
(k)
Any other construction or demolition debris that is nonhazardous
and for which an economically feasible market exists.
(Ord. 747 § 4, 2022)
The applicant for a covered project shall divert a minimum percentage
required by the California Green Building Standards Code with a goal
of seventy percent (70%) of the construction and demolition debris
resulting from the project.
(Ord. 747 § 4, 2022)
The following projects are exempt from the requirements of this
Chapter:
(a)
Immediate or emergency demolition required to protect the public
health and safety or welfare, as determined by any public safety official
or code compliance officer of the City prior to demolition;
(b)
A project for which an exception, Conditional Use Permit or design
review approval has been obtained from the City prior to the effective
date of the ordinance codified in this Chapter;
(c)
A project for which a valid building permit has been lawfully issued
by the City prior to the effective date of said ordinance;
(d)
A City public works project for which the notice inviting bids has
been published prior to the effective date of said ordinance;
(e)
Roofing projects that do not include the tear-off of existing roof
or some portion thereof;
(Ord. 747 § 4, 2022)
The owner of a parcel or parcels of commercial property containing
one (1) or more lawfully established uses can request approval of
a reduced number of parking spaces so as to allow construction of
new trash enclosures, or expansion of existing trash enclosures, for
the purpose of recycling by submitting an application to the Community
Development Director. The application shall include a depiction of
the proposed construction or expansion, and shall indicate the number
of parking spaces that would be lost. The Community Development Director
will review the required number of parking spaces, the number of existing
parking spaces, and the number of parking spaces that would be lost
if a new or expanded trash enclosure were constructed, and approve
or deny the request for relief.
(Ord. 747 § 4, 2022)
All applicants for covered projects shall complete and submit
a waste management plan as part of the application packet for a permit
issued for a covered project. For City public works and public construction
contracts, the waste management plan shall be prepared and submitted
by the prime contractor constructing each such project. The waste
management plan shall include 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 facts
and as a best estimate based on all information reasonably available
about the project, where all of the facts cannot be ascertained:
(a)
The estimated type of construction and demolition materials that
will be generated; and
(b)
The estimated volume or weight of construction and demolition debris,
listed for each material; and
(c)
The estimated volume or weight of construction and demolition debris
that can be diverted listed for each material; and
(d)
The estimated volume or weight of construction and demolition debris
that will be landfilled as solid waste; and
(e)
The identification of the vendor or facility that will collect or
receive the construction or demolition debris or that will deconstruct
the structure; and
(f)
The estimated date on which demolition or construction is to commence.
(Ord. 747 § 4, 2022)
(a)
Time for Review. The waste management plan shall be approved or denied
no later than fifteen (15) business days after a complete application
is submitted. The approval may be based on imposed conditions reasonably
necessary to meet the standards of this Chapter.
(b)
Approval. Notwithstanding any other provision of this Chapter, no
permit shall be issued for any covered project unless and until the
waste management plan has been approved, based upon the following
findings by the waste management plan compliance official.
(c)
Denial. If the waste management plan compliance official denies the
waste management plan, the grounds for denial shall be clearly stated,
in writing and mailed to the applicant.
(Ord. 747 § 4, 2022)
(a)
Progress Updates. Semi-monthly updates shall be submitted showing
waste generated, including tonnage data, total tonnage, tonnage diverted
and tonnage landfilled, supported by original or certified photocopies
of receipts, weight tags or tickets or other records of volume or
weight measurement from recycling companies, deconstruction contractors,
and/or disposal companies, haulers or the landfill where disposed.
Receipts and weight tags or tickets will be used to verify whether
waste generated from the covered project has been recycled, reused,
salvaged or landfilled. If the applicant fails to complete this requirement,
the waste management plan compliance official shall:
(b)
Final Report. No later than thirty (30) days from the completion
of a covered project, the applicant shall submit a compliance reporting
form, under penalty of perjury, to the waste management compliance
official. No Certificate of Occupancy shall be issued prior to the
City's receipt of the final compliance reporting form. The form
shall include the following information:
(1)
The dates demolition and construction actually commenced; and
(2)
The actual volume or weight of construction and demolition debris,
listed for each material; and
(3)
The actual volume or weight of construction and demolition debris
that was diverted listed for each material; and
(4)
A specification of the method used to determine the volume and weights
and a certification that the method used was the most accurate, commercially
reasonable method available; and
(5)
Original receipts from all vendors and facilities, which collected
or received construction and demolition debris, indicating actual
weights and volumes received by each.
(c)
Final Review. The waste management compliance official shall review the semi-monthly reports and final report and determine whether the diversion requirement applicable to the project has been met. If the waste management compliance official determines that the applicable diversion requirement has not been met, this determination shall be forwarded to the City Manager, who may recommend to the City Council that enforcement proceedings be initiated pursuant to Section 16.75.080 and/or 16.75.085.
(Ord. 747 § 4, 2022)
Prior to commencing demolition or construction, an applicant
wishing to obtain partial relief from the requirements of this Chapter
may seek a partial exemption from the requirements of this Chapter
through the following process:
(a)
Initiation. This exemption process shall be initiated by the filing
of a complete exemption application with the waste management plan
compliance official. The waste management plan compliance official
shall determine the completeness of the exemption application within
five (5) business days of the filing of the application.
(b)
Decision on Application. Following consideration of the exemption
application, the waste management plan compliance official 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.
A decision on the application shall be rendered within ten (10) business
days following determination that the application is complete.
(c)
Findings. All of the following findings must be made prior to the
approval of an exemption:
(1)
There are exceptional, extraordinary circumstances, or conditions
applicable to the project that do not apply generally to similar projects;
and
(2)
Granting the application will not constitute a grant of special privilege
inconsistent with limitations imposed on like projects; and
(3)
Cost to the applicant of strict compliance with this Chapter is not
the primary reason for granting the exemption.
(Ord. 747 § 4, 2022)
Any person or entity aggrieved by any decision or finding under
the provisions of this Chapter with respect to approving or to denying
a waste management plan or to granting or denying an application for
an exemption from compliance with this Chapter, may appeal such decision
or finding. An appeal must be filed within three (3) days after receipt
of notice of any protested decision or finding by filing with the
Director of Public Works a letter of appeal briefly stating therein
the basis for such appeal. A hearing shall be held on a date no more
than ten (10) days after receipt of the letter of appeal. Appellant
shall be given at least five (5) days' notice of the time and
place of the hearing. A hearing officer, appointed by the City Manager,
shall give the applicant, and any other interested party, a reasonable
opportunity to be heard, in order to show cause why the decision or
finding should not be upheld. In all such cases, the burden of proof
shall be upon the applicant to show that there was no substantial
evidence to support the decision or finding appealed. At the conclusion
of the hearing, the hearing officer shall make a final and conclusive
determination, and shall provide the appellant with a written statement
of decision within ten (10) days.
(Ord. 747 § 4, 2022)
It is unlawful and a violation of this Chapter to do any of
the following:
(a)
To willfully fail to comply with any provision of this Chapter;
(b)
To provide false or misleading information in any plan, report or
document required in this Chapter;
(c)
To fail to meet the diversion requirement for any covered project.
(Ord. 747 § 4, 2022)
A violation of any provision of this Chapter shall be prosecuted as a misdemeanor or infraction at the option of the City prosecutor and as further set forth in Section 16.75.085 with respect to penalties and administrative proceedings.
(Ord. 747 § 4, 2022)
(a)
Misdemeanors. Any person who violates any provision of Section 16.75.075(a) or 16.75.075(b) is guilty of a misdemeanor and shall be punished by fine or by imprisonment for a period of not more than six (6) months or both.
(b)
Infractions. Any person who violates Section 16.75.075(c) or any other provision of this Chapter is guilty of an infraction and shall be punished by a fine. Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation is committed or permitted. For violations of Section 16.75.075(c), the violation shall be considered to commence on the date when demolition or construction first commenced, which is presumed to be the commencement date provided by the applicant in the waste management plan.
(Ord. 747 § 4, 2022)
To the maximum extent permitted by law, remedies specified in
this Chapter are in addition to and do not supersede or limit any
and all other remedies, civil or criminal. The remedies provided for
herein shall be cumulative and not exclusive.
(Ord. 747 § 4, 2022)
