The purpose of this chapter is to promote the recycling or reuse of construction and demolition debris in order to protect the public health, safety, and welfare and to meet the City's obligations under AB 939 and its alternative diversion debris requirement approved by the California Integrated Waste Management Board.
(Ord. 2005-1037 § 1)
For the purposes of this chapter, the following definitions shall apply:
"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.
"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 debris" or "C&D debris"
means used or discarded materials removed from premises during construction, demolition or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.
"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 a waste management plan.
"Covered project"
shall have the meaning set forth in Section 8.38.030(A) of this chapter.
"Deconstruction"
means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.
"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.
"Diversion requirement"
means the percentage of construction and demolition waste for each project that must be diverted from landfills.
"Divert"
means to use material for any purpose other than disposal in a landfill or transformation facility.
"Noncovered project"
shall have the meaning set forth in Section 8.38.030(B) of this chapter.
"Project"
means any activity that requires an application for a building or demolition permit or any similar permit from the City.
"Recycling"
means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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.
"Renovation"
means any change, addition, or modification in an existing structure.
"Reuse"
means further or repeated use of construction or demolition debris.
"Salvage"
means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
"Tenant improvements"
means a project involving structural or other modifications of an existing property resulting in the generation of C&D debris.
"Total costs"
means the total construction value of the project using standard commercial and residential valuation formulas.
"Waste management plan" or "WMP"
means a completed form submitted by an applicant for any covered project approved by the City for the purpose of compliance with this chapter. The form is submitted when applying for a permit.
"WMP compliance official"
means the person designated by the City Manager who is authorized and responsible for implementing this chapter.
(Ord. 2005-1037 § 1)
A. 
Covered Projects. All construction, demolition, and renovation projects within the City, the total costs of which are, or are projected to be, greater than or equal to $25,000.00, or which involve the construction and/or demolition of 250 square feet of floor space shall comply with Section 8.38.040(A) of this chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcels, as determined by the WMP compliance official, shall be deemed a single project.
B. 
Noncovered Projects. Applicants for construction, demolition, addition, alteration, and remodel projects within the City under the thresholds as set forth by this chapter shall be encouraged to divert at least 50% by volume or weight of all project-related construction and demolition debris.
C. 
Building and Demolition Permits. No building, site development or demolition permit shall be issued for a covered project unless and until the WMP compliance official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building, site development or demolition permit issued for a covered project.
D. 
Projects Sponsored by the City or Redevelopment Agency. All construction, demolition and renovation projects sponsored by the City or Redevelopment Agency shall be considered covered projects for the purposes of this chapter. The project sponsor shall submit a WMP to the WMP compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.
(Ord. 2005-1037 §1)
A. 
Waste Management Plan Forms. Applicants for construction or demolition permits involving a covered project shall complete and submit a waste management plan ("WMP"), on a WMP form approved by the City for this purpose, as part of the application packet for the construction or demolition permit. The WMP shall be submitted for review with the first plan check of an individual project or at the first check of a residential master plan in the case of a residential project. The completed WMP shall indicate all of the following:
1. 
The estimated total volume or weight of each construction and demolition debris material generated by the project;
2. 
The estimated total volume or weight of each construction and demolition debris material recycled or reused from the project;
3. 
The means that the applicant proposes to use to divert construction and demolition debris;
4. 
Describing Means of Diversion. In describing the means of diversion of construction and demolition waste other than salvage, the applicant shall state the approved facility that will be used, by material type. The WMP compliance official shall approve as an approved facility a facility for diversion that meets the requirements of this chapter. In describing the means of diversion of construction and demolition debris proposed for salvage, the applicant shall state the quantity and means of reuse;
5. 
Acknowledgement of Responsibility. The WMP shall be signed by both the contractor and owner indicating: (a) understanding of consequences of not meeting the minimum waste diversion requirement including being subject to fines, and (b) acknowledgement of responsibility for the actions of their subcontractors with regard to this diversion requirement;
6. 
Justification for Waiver of Diversion Requirement. In the event that diversion of all or some materials is infeasible, the applicant shall submit written justification with the WMP stating the reasons the diversion standards under this chapter are infeasible, and state how much material can be diverted, in accordance with Section 8.38.060 of this chapter;
7. 
Justification for Waiver of Salvage Requirement. In the event that salvage of all or some materials is infeasible, the applicant shall submit written justification with the WMP stating the reasons salvage is infeasible, in accordance with Section 8.38.060 of this chapter;
8. 
Amendments to WMP. If the applicant wishes to change the approved WMP prior to final building inspection, the applicant shall submit amendments to the WMP for written approval by the WMP compliance official.
B. 
Deconstruction. In preparing the WMP, applicants for building, demolition, or site development permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Materials generated in this process shall be considered divertible C&D debris and included in the amount of waste generated.
(Ord. 2005-1037 § 1; Ord. 2016-1159 § 1)
A. 
Approval. Notwithstanding any other provision of this code, no building, demolition, or site development permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the WMP compliance official has approved the WMP. The WMP compliance official shall only approve a WMP if he or she first determines that all of the following conditions have been met:
1. 
The WMP provides all of the information set forth in Section 8.38.040 of this chapter;
2. 
The WMP achieves the minimum waste diversion requirement set by the California Green Building Code for all C&D debris generated by the project.
If the WMP compliance official determines that these two conditions have been met, he or she shall mark the WMP "Approved" and return a copy of the WMP to the applicant.
B. 
Nonapproval. If the WMP compliance official determines that the WMP fails to: (1) list all C&D materials to be generated; (2) meet the minimum waste diversion standard of all C&D debris generated by the project that will be reused or recycled; or (3) to have both the contractor's and owner's signatures, he or she shall either:
1. 
Return the WMP to the applicant marked "Denied," including a statement of reasons; or
2. 
Return the WMP to the applicant marked "Further Information Required."
(Ord. 2005-1037 § 1; Ord. 2016-1159 §§ 2, 3)
A. 
Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 8.38.050 of this chapter. Increased costs to the applicant generally will not be a sufficient basis for an exemption unless such costs are extraordinary. The applicant shall indicate on the WMP the maximum amount of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.
B. 
Meeting with WMP Compliance Official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request of the City, the WMP compliance official may request the staff from the solid waste division attend this meeting or may require the applicant to request a separate meeting with solid waste division staff. Based on the information supplied by the applicant, the WMP compliance official shall determine whether it is possible 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 requirement due to unique circumstances, he or she shall establish a minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked "Approved for Infeasible Exemption."
D. 
Denial of Exemption. If the WMP compliance official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with Section 8.38.040 of this chapter. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.38.040 of this chapter, the WMP compliance official shall deny the WMP.
(Ord. 2005-1037 § 1)
Appeal of a determination made under this chapter shall be made to the City Council pursuant to Section 19.86.090 of the Imperial Beach Municipal Code and shall be limited to: (1) the granting or denial of an exemption; or (2) whether the applicant has made a good faith effort to comply with the WMP.
(Ord. 2005-1037 § 1)
A. 
Documentation. No permit or approvals related to the project site shall be issued by the City until the applicant complies with the provisions of this section. Proof of compliance with the approved WMP must be provided prior to final occupancy.
The applicant shall submit documentation along with a completed WMP that documents the diversion requirement for the project has been met to the WMP official in order to receive final occupancy approval. This documentation shall include the following:
1. 
The previously approved WMP showing the list for each construction and demolition material type generated, the actual material volume or weight the project generated, and receipts from both the disposal and recycling facilities and/or licensed haulers and vendors that received each material showing clearly the weight or volume of material disposed and recycled or reused.
2. 
Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.
B. 
Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris 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.
C. 
Determination of Compliance and Release of Permit. The WMP compliance official shall review the information submitted under subsection A of this section and determine whether the applicant has complied with the diversion requirement, as follows:
1. 
Full Compliance. If the WMP compliance officer determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall indicate such compliance on the WMP.
2. 
Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP compliance official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall so indicate on the WMP.
3. 
Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by subsection A of this section within the required time period, then the applicant shall be in violation of this chapter and be liable for a civil penalty in addition to any other remedy provided in this chapter. No certificates of occupancy or other permits or approvals relating to the project site shall be issued by the City until the civil penalty has been paid in full.
(Ord. 2005-1037 § 1)
A. 
Criminal Penalties. Any person who violates any provision of this chapter, including, but not limited to, noncompliance with a WMP, is subject to criminal penalties under Imperial Beach Municipal Code Section 1.12.010. Violation of this chapter shall constitute an infraction. The penalty upon conviction of such person shall be a fine as set forth in Section 1.12.020 of this code.
B. 
Civil Penalties. Any person who violates any provision of this chapter, including, but not limited to, noncompliance with a WMP, shall be liable to the City for a civil penalty of $1,000.00 or one percent of the total cost of the project, whichever is greater. The WMP compliance official may, in his or her sole discretion, reduce the amount to the civil penalty in the event of mitigating circumstances.
C. 
Cumulative Remedies. The foregoing remedies shall be deemed nonexclusive, cumulative and in addition to any other remedy the City may have at law or in equity, including, but not limited to, injunctive relief to prevent violations of this chapter.
(Ord. 2005-1037 § 1)