This chapter shall be known as the "Construction and Demolition
Waste Management Plan Ordinance of the City of Bellflower" and may
be referred to as such.
(Prior code § 9-11.1)
For the purposes of this chapter, the following definitions
shall apply:
"Applicant"
shall mean 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"
shall mean the building of any facility or structure or any
portion thereof including any tenant improvements to an existing facility
or structure.
"Construction and demolition (C&D) debris"
shall mean used or discarded materials removed from premises
during construction or renovation of a structure resulting from construction,
remodeling, repair, or demolition operations on any pavement, house,
commercial building, or other structure.
"Conversion rate"
shall mean the rate set forth in the standardized Conversion
Rate Table approved by the Director of Community Development pursuant
to this chapter for use in estimating the volume or weight of materials
identified in a Waste Management Plan.
"Covered project"
shall mean each construction or renovation project within
the City with total costs, or projected total costs, greater than
or equal to $50,000 and each demolition project of any valuation.
"Demolition"
shall mean 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.
"Divert"
shall mean to use material for any purpose other than disposal
in a landfill or transformation facility.
"Diversion requirement"
shall mean the diversion of 100% of inert debris and at least 50% of the remaining C&D debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section
15.44.070, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project.
"Inert debris"
shall mean asphalt, brick, concrete, rock, stone, sand, soil
and tile.
"Noncovered project"
shall mean any construction or renovation project within
the City whose total costs is less than $50,000.
"Performance security"
shall mean performance bond, surety bond, cash deposit, money orders, letter of credit or certificate of deposit submitted to the City pursuant to Section
15.44.050.
"Project"
shall mean any activity which requires an application for
a building or demolition permit or any similar permit from the City.
"Project completion"
shall mean when all work for a Covered Project is satisfactorily
completed as necessary to secure a Certificate of Occupancy or final
inspection approval, as applicable, or when all construction permits
issued for a Covered Project have expired, become null and void, or
have been canceled.
"Recycling"
shall mean 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"
shall mean any change, addition, or modification in an existing
structure.
"Reuse"
shall mean further or repeated use of C&D debris.
"Salvage"
shall mean the controlled removal of C&D debris from
a permitted building or demolition site for the purpose of recycling,
reuse, or storage for later recycling or reuse.
"Waste Management Plan (WMP)"
shall mean a completed WMP form, approved by the City for
the purpose of compliance with this chapter, submitted by the applicant
for any covered or noncovered project.
(Prior code § 9-11.2; Ord. 1198 § 1, 9/13/10)
A. Covered Projects. Each applicant for a Covered Project shall comply with this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Section
15.44.100.
B. Noncovered
Projects. Each applicant for a Noncovered Project is encouraged to
divert at least 50% of all project-related C&D debris.
C. City-Sponsored
Projects. All City-sponsored Covered Projects shall submit a Waste
Management Plan to the WMP Compliance Official prior to beginning
any construction, renovation, or demolition activity and shall be
subject to all applicable provisions of this chapter.
D. Compliance
as a Condition of Approval. Compliance with the provisions of this
chapter shall be listed as a condition of approval on any building
or demolition permit issued for a covered project.
(Prior code § 9-11.3; Ord. 1198 § 2, 9/13/10)
The applicant for a covered project with a total cost greater
than or equal to $150,000 shall submit a performance security with
the WMP. The amount of the performance security shall be 3% of the
total project cost. Acceptable forms of performance security include
the following: performance bonds, surety bonds, cash deposits, money
orders, letters of credit, and certificates of deposit.
(Prior code § 9-11.5)
A. Documentation.
Within 30 days after the completion of any covered project, the applicant
shall, as a condition of final approval and for issuance of any Certificate
of Occupancy, submit to the WMP Compliance Official documentation
that it has met the diversion requirement for the project. The diversion
requirement shall be that the applicant has diverted 100% of inert
debris and at least 50% of the remaining C&D debris generated
by the project via reuse or recycling, unless the applicant has been
granted an exemption pursuant to this section, in which case the diversion
requirement shall be the maximum feasible diversion rate established
by the WMP Compliance Official for the project. This documentation
shall include all of the following:
1. Receipts
from the vendor or facility which collected or received each material
showing the actual weight or volume of that material;
2. A
copy of the previously approved WMP for the project adding the actual
volume or weight of each material diverted and landfilled;
3. 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
practical, all C&D debris shall be weighed by measurement on scales.
Such scales shall be in compliance with all regulatory requirements
for accuracy and maintenance. For C&D 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 Director of Community Development for this purpose.
C. Determination of Compliance. The WMP Compliance Official shall review the information submitted under Subsection
(A) of this section, determine whether the applicant has complied with the diversion requirement, and provide his/her findings to the Community Development Department. The WMP Compliance Official shall determine as follows:
1. Full
Compliance. The WMP Compliance Official shall find the applicant to
be in full compliance if 100% of inert debris and at least 50% of
the remaining C&D debris generated by the project has been diverted
via reuse or recycling, and he or she shall cause the full performance
security to be released to the applicant.
2. Good
Faith Effort to Comply. If the WMP Compliance Official determines
that the diversion requirement has not been achieved, then 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 that
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, then he or she shall
release the performance security to the applicant in accordance with
the following schedule:
45% to 49% Diversion = 90% Refund
|
40% to 44% Diversion = 80% Refund
|
35% to 39% Diversion = 70% Refund
|
30% to 34% Diversion = 60% Refund
|
25% to 29% Diversion = 50% Refund
|
20% to 24% Diversion = 40% Refund
|
15% to 19% Diversion = 30% Refund
|
10% to 14% Diversion = 20% Refund
|
5% to 9% Diversion = 10% Refund
|
0% to 4% Diversion = No Refund
|
Any portion of the performance security not released
to the applicant shall be forfeited to the City and shall be used
for the purpose of promoting recycling within the City.
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, the applicant shall be deemed noncompliant and the performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purpose of promoting recycling within the City.
(Prior code § 9-11.7; Ord. 1198 § 3, 9/13/10)
The applicant may appeal any ruling of the WMP Compliance Official
relative to this chapter to a Hearing Officer. Notice of any appeal
from the ruling of the WMP Compliance Official must be filed within
10 days of the date that such ruling is made. The decision of the
Hearing Officer upon such appeal, relative to any matter within the
jurisdiction of the WMP Compliance Official, shall be final and shall
not be appealable to the City Council or to any other City body or
official.
(Prior code § 9-11.9)