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.
"Hearing Officer"
shall mean the Director of Public Works.
"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.
"WMP Compliance Official"
shall mean the Environmental Services Manager or designee.
(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)
A. 
WMP Forms. Applicants for building or demolition permits involving any 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 building or demolition permit. The completed WMP shall indicate all of the following:
1. 
The estimated volume or weight of project C&D debris, by materials type, to be generated;
2. 
The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
3. 
The estimated volume or weight of C&D materials that will be landfilled;
4. 
The vendor or facility that the applicant proposes to use to collect or receive that material; and,
5. 
Any special or specific activities that the applicant will use to comply with the provisions of this chapter.
B. 
Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the City for this purpose.
C. 
Deconstruction. In preparing the WMP, applicants for building or demolition 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.
(Prior code § 9-11.4)
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. 
Approval. Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. 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 15.44.040; and
2. 
The WMP indicates that 100% of inert debris and at least 50% of the remaining C&D debris generated by the project will be diverted.
3. 
The applicant has submitted an appropriate performance security in compliance with Section 15.44.050.
If the WMP Compliance Official determines that these three conditions have been met, he or she shall mark the WMP "Approved," return a copy of the WMP to the applicant, and notify the Community Development Department that the WMP has been approved.
B. 
Nonapproval. If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that 100% of inert debris and at least 50% of the remaining C&D debris generated by the project will be reused or recycled, he or she shall either:
1. 
Return the WMP to the applicant marked "Denied," including a statement of reasons for the denial and provide notification to the Community Development Department, which shall then immediately stop processing the building or demolition permit application; or
2. 
Return the WMP to the applicant marked "Further Explanation Required," including a statement of reasons for the requested explanation and provide notification to the Community Development Department, which shall then immediately stop processing the building or demolition permit application.
(Prior code § 9-11.6)
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)
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 15.44.040. The applicant shall indicate on the WMP 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.
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. The WMP Compliance Official may request that staff from the Sanitation Districts of Los Angeles County (SDLAC) attend this meeting or may require the applicant to request a separate meeting with SDLAC staff. Based on the information supplied by the applicant and, if applicable, SDLAC staff, 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 determine the maximum 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" and shall notify the Community Development Department that the WMP has been approved.
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 inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with Section 15.44.040. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 15.44.040, the WMP Compliance Official shall deny the WMP in accordance with Section 15.44.060(B).
(Prior code § 9-11.8)
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)
A. 
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.
B. 
Violation of any provision of this chapter shall constitute a misdemeanor punishable per Chapter 1.08.010 of the Bellflower Municipal Code.
C. 
Enforcement pursuant to this section shall be undertaken by the City through its Director of Community Development and the City Attorney. The Director of Community Development shall have the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.
(Prior code § 9-11.10)