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 for "covered projects"
to undertake any construction, demolition, or renovation project within
the city.
means the construction of any facility or structure, or any
portion thereof, including any tenant improvements to an existing
facility or structure.
means used or discarded materials removed from the premises
during construction, renovation, or demolition operations on any pavement,
residential structure, commercial building, or other structure.
means the rate set forth in the Materials Conversion Worksheet
approved by the director of public works for use in estimating the
weight of materials identified in a waste management plan.
shall have the meaning set forth in Section 7.19.020 of this chapter.
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.
means the diversion of at least fifty percent of the total
construction and demolition debris generated by a covered project
via reuse or recycling.
means to use material for any purpose other than disposal
in a landfill.
shall have the meaning set forth in Section 7.19.030 of this chapter.
means any activity that requires an application to obtain
a building permit, demolition permit, public works permit, or any
similar permit from the city.
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.
means any alteration, addition, remodel, or modification
in or to an existing structure.
means further or repeated use of construction and demolition
debris.
means the controlled removal of construction and demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
means any cash, check or money order deposit submitted to the city pursuant to Section 7.19.070 of this chapter.
means a completed waste management plan form, approved by
the director of public works for the purpose of compliance with this
chapter, submitted by the applicant, for a covered project.
means the person or persons so appointed by the city manager.
(Ord. 1469 § 1, 2007)
(1)
Any
construction, demolition, or renovation project within the city that
requires a building permit or public works permit and meets one or
more of the following criteria shall be considered a "covered project,"
and shall be undertaken in compliance with this chapter:
(2)
Concurrent
permits at the same address shall be considered "one" project for
the purposes of this chapter.
(Ord. 1469 § 1, 2007)
No waste management plan or security deposit shall be required
for any of the following projects:
(1)
Roofing
projects that do not require the tear-off of the existing roof.
(2)
The
project is a new patio cover or deck.
(3)
Projects
for which only a plumbing, electrical, or mechanical permit, or any
combination of them, is required.
(4)
Installation
of prefabricated patio enclosures and covers where no foundation or
other structural building modifications are required.
(5)
Installation
of prefabricated accessories such as signs or antennas where no structural
building modifications are required.
(6)
Construction,
renovation, or demolition work that the building official determines,
based upon information provided by the applicant, will not generate
more than one ton of construction or demolition waste.
(7)
Immediate
or emergency demolition or construction required to protect the public
health, safety, or welfare, as determined by the director of public
works, the director of community development, or their designee.
(Ord. 1469 § 1, 2007)
All covered projects shall reuse, recycle, or divert a minimum
of fifty percent of construction and demolition debris, measured in
tonnage. Applicants may dispose of any project-related construction
and demolition debris in the following ways:
(Ord. 1469 § 1, 2007)
(1)
Any applicant for a covered project that is not an exempt project under Section 7.19.030 shall complete and submit a waste management plan on a waste management plan form approved by the director of public works for this purpose. The completed waste management plan shall indicate all of the following:
(a)
The estimated weight of project construction and demolition debris,
by materials type, to be generated;
(b)
The maximum weight of such construction and demolition materials
that can feasibly be diverted via reuse or recycling;
(c)
The approved facility that the applicant proposes to use to collect
or receive that construction and demolition material; and
(d)
The estimated weight of construction and demolition materials that
will be landfilled.
(2)
In
estimating the weight of materials identified in the waste management
plan, the applicant may use the materials conversion worksheet approved
by the director of public works for this purpose.
(3)
In
preparing the waste management plan, applicants for permits involving
the removal of all or part of an existing structure shall, to the
maximum extent feasible, make the materials generated thereby available
for reuse or salvage prior to landfilling. Salvaged materials may
be given or sold on the premises, or may be removed to reuse warehouse
facilities for storage or sale.
(Ord. 1469 § 1, 2007)
Applicants who elect to use the city's franchise waste hauler roll-off bin for all project waste shall not be required to complete and submit a waste management plan and shall not be required to pay the security deposit as specified in Section 7.19.070, and the administrative fee as specified in Section 7.19.080. At the time of building permit issuance, the applicant shall use the form approved by the director of public works for this purpose to indicate that the city's franchise waste hauler will be providing construction and demolition material collection services.
(Ord. 1469 § 1, 2007)
The applicant for any project that requires submission of a waste management plan shall submit with the waste management plan a security deposit to guarantee compliance with the diversion requirements of this chapter. The deposit must be payable to the city and must be in the form of cash, check, or cashier's check. The amount of the deposit for each category of covered projects set forth in Section 7.19.020 will be established by resolution of the city council. The director of public works may, in the exercise of sound discretion, reduce the deposit for a covered project if it is determined that the amount of the required deposit is not commensurate with the weight of construction and demolition waste that is expected to be generated by the covered project.
(Ord. 1469 § 1, 2007)
Except as provided below, prior to the city's issuance of any
permit for a covered project that is not an exempt project, the applicant
shall pay to the city a nonrefundable fee for processing the applicant's
waste management plan. The administrative fee will be in an amount
sufficient to cover all city expenses incurred in administering the
program. The amount of the administrative fee shall be established
by resolution of the city council. Applicants who elect to use the
city's franchise waste hauler roll-off bins for all project waste
shall not be required to pay the processing fee set forth in this
section.
(Ord. 1469 § 1, 2007)
(1)
Notwithstanding any other provision of this chapter to the contrary, and except for those covered projects for which completion and submission of a waste management plan is not required as set forth in Section 7.19.030, no permit shall be issued for any project requiring submission of a waste management plan unless and until the waste management plan compliance official has approved the applicant's waste management plan. Approval shall not be required where an emergency demolition is required to protect public health or safety. The waste management plan compliance official shall only approve a waste management plan if he or she first determines that all of the following conditions have been met:
(a)
The waste management plan provides all of the information set forth in Section 7.19.050 of this chapter;
(b)
The waste management plan indicates that at least fifty percent of
all construction and demolition debris generated by the project will
be diverted;
(c)
The applicant has submitted a security deposit in compliance with Section 7.19.070 of this chapter; and
(d)
The applicant has submitted an appropriate administrative fee in compliance with Section 7.19.080 of this chapter.
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If the waste management plan compliance official determines
that these four conditions have been met, he or she shall mark the
waste management plan "Approved," return a copy of the waste management
plan to the applicant and notify the building official that the waste
management plan has been approved.
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(2)
If the waste management plan compliance official determines that the waste management plan is incomplete or fails to satisfy one or more of the four conditions set forth in subsection (1) above, he or she shall either:
(a)
Return the waste management plan to the applicant within ten working
days, marked "Denied," including a statement of the reasons for denial,
and so notify the community development department; or
(b)
Return the waste management plan to the applicant within ten working
days marked "Further Explanation Required."
(Ord. 1469 § 1, 2007)
(1)
Within
sixty days after the completion of any project requiring submission
of a security deposit, the applicant shall submit to the waste management
plan compliance official documentation that it has met the diversion
requirement for the project. This documentation shall include all
of the following:
(a)
Receipts from the construction and demolition recycling facility
that collected or received each material, showing the actual weight
of that material;
(b)
For those projects for which completion and submission of a waste
management plan is required by this chapter, a summary report approved
by the director of public works for this purpose adding the actual
weight of each material diverted and landfilled; and
(c)
Any additional information the applicant believes is relevant to
determining its efforts to comply in good faith with this chapter.
(2)
Applicants
shall make reasonable efforts to ensure that all construction and
demolition debris diverted or landfilled are measured and recorded
using the most accurate method of measurement available. To the extent
practical, 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 materials conversion worksheet approved by the director
of public works for this purpose.
(3)
The waste management plan compliance official shall review the information submitted under subsection (1)(a) of this section and determine whether the applicant has complied with the diversion requirement, as follows:
(a)
If the waste management plan compliance official determines that
the applicant has fully complied with the diversion requirement applicable
to the project, he or she shall cause the full security deposit to
be released to the applicant;
(b)
If the waste management plan 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 waste management plan compliance official shall consider the availability
of markets for the construction and demolition debris landfilled,
the size of the project, and the documented efforts of the applicant
to divert construction and demolition debris. If the waste management
plan compliance official determines that the applicant has made a
good faith effort to comply with this chapter, he or she shall release
the security deposit, or a portion thereof, to the applicant. Any
portion of the construction and demolition performance security deposit
not released to the applicant shall be forfeited to the city, and
shall be used for the purposes of promoting recycling within the city;
(c)
If the waste management plan 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 (1)(a) of this section within the required time period, then the security deposit shall be forfeited to the city. Further administrative penalties as defined in Section 7.19.140 shall also be applied.
(Ord. 1469 § 1, 2007)
All forfeited security deposits and penalties shall be segregated
and used only for the following:
(1)
Administrative
costs of the construction and demolition waste recycling program which
are not covered by the application fee established pursuant to this
chapter.
(2)
Programs
to divert solid waste from landfill disposal.
(3)
Programs
intended to develop or improve the infrastructure needed to divert
solid waste from landfill disposal.
(Ord. 1469 § 1, 2007)
(1)
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, by separate letter titled "Request for Infeasible Exemption" that is addressed to the waste management plan compliance official apply for an exemption at the time that he or she submits the waste management plan required under Section 7.19.050 of this chapter. The applicant shall indicate in the request for exemption letter the maximum rate 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.
(2)
The
waste management plan compliance official shall review the information
supplied by the applicant and may consider possible ways of meeting
the diversion requirement. Based on the information supplied by the
applicant, and if appropriate, in consultation with the city's franchise
solid waste hauler, the waste management plan compliance official
shall determine whether it is possible for the applicant to meet the
diversion requirement.
(3)
If
the waste management plan compliance official determines that it is
infeasible for the applicant to meet the diversion requirement due
to unique circumstances, he or she shall determine the maximum feasible
diversion rate for each material and shall indicate this rate on the
request for exemption letter submitted by the applicant. The waste
management plan compliance official shall return a copy of the request
for exemption letter to the applicant marked "Approved for Partial
Exemption" and shall notify the building official that the applicant's
request has been granted and the applicant's revised waste management
plan (if applicable), has been approved.
(4)
If
the waste management plan compliance official determines that it is
possible for the applicant to meet the diversion requirement, he or
she shall so return a copy of the request for exemption letter to
the applicant marked "Denied for Infeasible Exemption."
(5)
Any applicant who is required pursuant to Section 7.19.050 to prepare and submit a waste management plan and whose request for an infeasible exemption is denied shall have thirty days to resubmit a waste management plan form in full compliance with Section 7.19.050 of this chapter. If the applicant fails to resubmit the waste management plan, or if the resubmitted waste management plan does not comply with Section 7.19.050 of this chapter, then the waste management plan compliance official shall deny the waste management plan in accordance with Section 7.19.080 of this chapter. Building permits shall not be issued without an approved waste management plan.
(Ord. 1469 § 1, 2007)
The applicant or any interested person may appeal to the building
official the determination of the waste management plan compliance
official. Notice of any appeal from the determination of the waste
management plan compliance official must be filed with the building
official within ten days after the date that such determination is
made. The decision of the building official upon such appeal shall
be final and shall not be appealable to the city council or to any
other city body or official.
Determinations subject to appeal include, but are not limited
to: (1) the granting or denial of an indefeasible exemption; (2) whether
the applicant has acted in good faith; and (3) the amount of the construction
and demolition performance security deposit to be released.
(Ord. 1469 § 1, 2007)
(1)
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 attorneys' fees and costs from a person who is determined by a
court of competent jurisdiction to have violated this chapter.
(2)
Violation of any provision of this chapter shall constitute an infraction punishable by a fine as outlined in Section 1.04.025 of the Laguna Beach Municipal Code. Where the violation is the failure to achieve the diversion requirement applicable to the project and the construction and demolition materials from the project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. The city shall recover costs and attorneys' fees incurred in connection with enforcement of this chapter.
(Ord. 1469 § 1, 2007)
The city manager or the director of public works, or their designee(s),
shall have the authority to enforce the provisions of this chapter.
(Ord. 1469 § 1, 2007)
