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.
"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.
"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. 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.
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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)
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)