The ordinance codified in this chapter shall be known and designated as the "construction and demolition waste management" ordinance.
(Ord. 1630 § 1, 2003)
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 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. 1630 § 1, 2003)
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 is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date the final city inspection approving the project is completed.
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, or paving.
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 the summary.
mean the careful and systematic dismantling of a structure in order to salvage materials for diversion.
means the razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.
means the director of public works.
means the diversion of a minimum of fifty percent of the total construction and demolition debris generated by a project, or the lower percentage requirement granted by exception pursuant to Section 15.78.075.
means the reuse of construction and demolition debris to avoid disposal in a landfill.
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 of La Habra.
mean the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill for use as raw material for, new, reused, or reconstituted products which meet industry standards.
means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.
means an application packet approved by the director of public works for the purpose of reviewing project compliance of this chapter.
means the administrator of the refuse division of the department of public works.
(Ord. 1630 § 1, 2003)
A.
Unless otherwise exempt under Section 15.78.035, projects by the city or by any applicant meeting the following thresholds shall be considered covered projects, shall meet the diversion requirement and shall comply with all provisions of this chapter:
1.
Residential additions of one thousand square feet or more of gross floor area;
2.
Tenant improvements of three thousand square feet or more of gross floor area;
3.
New structures of one thousand square feet or more of gross floor area;
4.
Demolition of one thousand square feet or more of gross floor area; and
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. 1630 § 1, 2003)
The applicant for a covered project shall divert a minimum of fifty percent of the construction and demolition debris resulting from the project.
(Ord. 1630 § 1, 2003)
The following projects are exempt from the requirements of this chapter:
A.
Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by any public safety official or code compliance officer of the city given prior to demolition.
B.
Projects in any single-family residential district, which consist solely of either an accessory structure or a swimming pool.
C.
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.
D.
A project for which a valid building permit has been lawfully issued by the city prior to the effective date of the ordinance codified in this chapter.
(Ord. 1630 § 1, 2003)
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. 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 volume or weight of construction and demolition debris, listed for each material;
B.
The estimated volume or weight of construction and demolition debris that can be diverted listed for each material;
C.
The estimated volume or weight of construction and demolition debris that will be landfilled as solid waste;
D.
The identification of the vendor or facility that will collect or receive the construction or demolition debris or that will deconstruct the structure; and
E.
The estimated date on which demolition or construction is to commence.
(Ord. 1630 § 1, 2003)
A.
Time for Review. A waste management plan shall be approved or denied no later than fifteen business days after a complete application is made. 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.
(Ord. 1630 § 1, 2003)
A.
Final Report. No later than thirty 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. The form shall include the following information:
1.
The dates demolition and construction actually commenced;
2.
The actual volume or weight of construction and demolition debris, listed for each material;
3.
The actual volume or weight of construction and demolition debris that was diverted listed for each material;
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.
(Ord. 1630 § 1, 2003)
Prior to commencing demolition or construction, an applicant wishing relief from the requirements of this chapter may seek an exception, partial or complete, from the requirements of this chapter through the following process:
A.
Initiation. This exception process shall be initiated by the filing of a complete exception application with the waste management plan compliance official. The waste management plan compliance official. The waste management plan compliance official shall determine the completeness of the exception application within five business days of the filing of the application.
B.
Definition on Application. Following consideration of the exception application, the waste management plan compliance official shall either make the required findings and take action on the application; shall state why the findings cannot be made and deny the application. A decision on the application shall be rendered within ten business days following determination the application is complete.
C.
Findings. All of the following findings must be made prior to the approval of an exception:
1.
There are exceptional or extraordinary circumstances or conditions applicable to the project that does not apply generally to similar projects;
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 exception.
(Ord. 1630 § 1, 2003)
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 exception from compliance with this chapter, may appeal such decision or finding. An appeal must be filed within three 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 days after receipt of the letter of appeal. Appellant shall be given at least five days notice of the time and place of the hearing. A hearing officer, appointed by the city manager, shall give the appellant, 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 appellant to show that there was no substantial evidence to support the decision or fining appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination.
(Ord. 1630 § 1, 2003)
It shall be 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. 1630 § 1, 2003)
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 15.78.075 with respect to penalties and administrative proceedings.
(Ord. 1630 § 1, 2003)
A.
Misdemeanors. Any person who violates any provision of Section 15.78.065(A) or (B) is guilty of a misdemeanor and shall be punished by fine or by imprisonment for a period of not more than six months or by both such fine and imprisonment.
B.
Infractions. Any person who violates 15.78.065(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 15.78.065(C), the violation shall be considered to commence on the date when demolition or construction first commenced. This date is presumed to begin on the commencement date provided by the applicant in the waste management plan.
(Ord. 1630 § 1, 2003)
To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supercede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 1630 § 1, 2003)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this chapter are declared to be severable.
(Ord. 1630 § 1, 2003)