Note: Prior history: Code 1980 §§ 8.19.010—8.19.280 and Ord. Nos. 291, 291-A, 711, 712, 809, 838 and 870.
No person shall collect or dispose of construction and demolition waste in the city unless that person has entered into a collection agreement with the city pursuant to chapter 8.17, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclables.
(Ord. No. 941 § 2, 2018)
For purposes of this chapter, the following definitions apply:
means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity who applies
to the city for the applicable permits to undertake any construction,
demolition, or renovation projects within the city.
shall have the meaning ascribed in section 8.17.020.
shall have the meaning ascribed in section 8.19.080.
means the building, rehabilitation, remodeling, renovation,
repair or enlargement of any facility or structure, or any portion
thereof, and includes additions, alterations, or tenant improvements
to an existing facility or structure.
means the fee required to sufficiently compensate the city
for all expenses incurred in administering the C&D diversion program
requirements for covered construction and demolition projects.
means the fee required as security for performance for covered
construction and demolition projects to ensure the applicant complies
with the requirements of this chapter.
means discarded or used materials removed from construction,
remodeling, repair, demolition, or renovation operations on any pavement,
house, commercial building, or other structure, or from landscaping.
means any person or entity holding, or required to hold,
a contractor's license of any type under the laws of the state, or
who performs (whether as contractor, subcontractor or owner-builder)
any construction, demolition, remodeling, or landscaping service relating
to buildings or accessory structures in the city. A person or company
employed, whether for a fee or otherwise, to haul or remove recyclables
and construction and demolition debris generated by a contractor is
not a contractor for purposes of this chapter.
means the careful dismantling of buildings and structures
in order to salvage as much as possible.
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 percentage of total construction and demolition
debris for each project diverted from landfills.
means to recycle, reuse or salvage, or a combination of recycling,
reusing, and salvaging of C&D waste to avoid disposal in a landfill.
shall have the meaning ascribed in section 8.17.020.
shall have the meaning ascribed in section 8.17.020.
means any activity that requires an application for a building
or demolition permit or any similar permit from the city.
means the process of collecting, sorting, treating, and reconstituting
C&D waste for use as a raw material for new, reused, or reconstituted
products which meet industry standards.
means any change, addition or modification to an existing
structure.
means the controlled removal of materials from a project
for the purpose of reuse or storage for later reuse.
means the permit issued by the city to a contractor that meets the criteria in section 8.19.090.
means the report to be completed and submitted to the city
by the applicant at project completion summarizing the actual tonnage
of waste generated as a result of the project by material type and
supported by actual weight tickets and receipts.
means the form prescribed by the city for completion by the
applicant as portion of the building and/or demolition permit process.
(Ord. No. 941 § 2, 2018)
A.
All
construction and demolition projects are required to divert a minimum
of 65% of the tonnage generated as a result of the project from the
landfill.
Separate calculations and reports will be required for the demolition
and for the construction portion of projects involving both demolition
and construction.
B.
Every
structure planned for demolition shall be made available for deconstruction,
salvage and recovery prior to demolition. It shall be the responsibility
of the owner, the general contractor and all subcontractors to recover
the maximum feasible amount of salvageable designated recyclable and
reusable materials prior to demolition. Recovered and salvaged designated
recyclable and reusable materials from the deconstruction phase shall
qualify to be counted in meeting the diversion requirements of this
chapter. Recovered or salvaged materials may be given or sold on the
premises, or may be removed to reuse warehouse facilities for storage
or sale.
(Ord. No. 941 § 2, 2018)
A.
Except
as otherwise specified in this chapter, each person who applies for
a building or demolition permit pursuant to chapter 17.010 shall complete
a "waste management and recycling plan" document to be issued by the
engineering services department. Except as otherwise specified in
this chapter, no building or demolition permit shall be issued unless
the "waste management and recycling plan" has been submitted by the
applicant and approved by the engineering services department. Any
changes to the approved plan must be brought to the attention of the
engineering services department for review and approval prior to commencing
work.
B.
The
ESD director is authorized to create guidelines setting forth the
information to be included in the "waste management plan," as well
as the form thereof. At a minimum, the "waste management plan" shall
delineate all of the following:
1.
The
C&D waste to be generated by the project.
2.
The
square footage of the proposed project.
3.
The
estimated weight of the C&D waste to be generated by the project,
listed by material types.
4.
The
estimated weight of the C&D waste to be generated by the project
to be diverted, listed by material types.
5.
The
certified recycling or material recovery facility or facilities to
which C&D waste will be taken, listed by material types.
6.
The
estimated weight of the C&D waste that will be landfilled.
(Ord. No. 941 § 2, 2018)
Except as otherwise specified in this chapter, each person who
applies for a building or demolition permit pursuant to chapter 17.010
shall remit a diversion deposit in the amount set forth by resolution
of the city council. The diversion deposit shall be remitted at the
same time the permit application is filed.
Deposit amounts are based on square footage and shall be set
by resolution of the city council.
The diversion deposit shall be returned, without interest, in accordance with section 8.19.060. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this chapter.
Except as otherwise specified in this chapter, each person who
applies for a building or demolition permit pursuant to chapter 17.010
will remit an administrative fee sufficient to compensate the city
for all expenses incurred in administering the C&D diversion program
requirements for covered construction and demolition projects. The
amount of this fee shall be determined in accordance with the current
resolution of the city council determining the same.
Within 60 days following the completion of the demolition or construction project, the contractor (or permit applicant) shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the engineering services department, which proves compliance with the requirements of section 8.19.040. The documentation shall consist of a completed waste diversion report with information of actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tickets or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tickets will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of.
If a project involves both demolition and construction, the
report and documentation for the demolition project must be submitted
and approved by the engineering services department before issuance
of a building permit for the construction project. In the alternative,
the applicant may submit a letter stating that no waste or recyclable
materials were generated from project, in which case this statement
shall be subject to verification by the engineering services department.
Any deposit posted pursuant to subsection E of this section shall
be forfeited if the applicant does not meet the timely reporting requirements
of this section.
The following projects must meet the waste diversion requirements
as described in this chapter but shall not be required to submit a
C&D diversion deposit:
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Residential single-family homes up to four units.
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Construction projects of less than $100,000.00 in
value.
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Roofing projects that do not include tear-off of
existing roof.
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The following projects are exempt from the waste diversion requirements
and C&D diversion deposit as described in this chapter:
Work for which only a plumbing permit, an electrical permit
or a mechanical permit is required.
(Ord. No. 941 § 2, 2018)
A.
The
ESD director may authorize the refund of any diversion deposit, which
was erroneously paid or collected.
B.
The
ESD director may authorize the refund of any diversion deposit when
the building permit application is withdrawn or cancelled before any
work has begun.
C.
The
ESD director may authorize the refund of a diversion deposit when
at least 65% of the waste generated by the project was diverted from
landfill disposal.
D.
The
ESD director may authorize a partial refund of a diversion deposit
when less than 65% by weight of the waste generated by the project
was diverted from landfill disposal if the applicant demonstrates
to the satisfaction of the ESD director that: (1) a proportion of
the percentages of the tons of waste generated by the demolition and/or
construction project was diverted from landfills and recycled or reused;
and (2) that a good faith effort has been made to achieve the required
diversion percentages. The partial refund shall not exceed that proportion
the diversion waste bears to 65% by weight of the total waste generated.
E.
The
ESD director shall not authorize the refund of any diversion deposit,
or any portion thereof, unless the original building permit applicant
files a written request for refund and provides documentation satisfactory
to the ESD director in support of the request.
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The ESD director shall not authorize a refund of any diversion
deposit, or portion thereof, if any of the required waste diversion
documentation does not list the City of Rancho Cucamonga as the city
of origin, and/or the required waste diversion documentation is not
from the authorized collector or a facility identified in the waste
management plan.
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The ESD director shall not authorize a refund of any diversion
deposit, or portion thereof, if the applicant does not include a weight
ticket document for all landfilled and recycled C&D waste as a
result of the project.
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(Ord. No. 941 § 2, 2018)
A.
For
the purpose of this chapter, the term "diverted" or "diversion" means
a reduction of the amount of waste being disposed in landfills by
any of the following methods:
1.
Use
of new construction methods, as described in regulations promulgated
by the ESD director, that reduce the amount of waste generated.
2.
On-site
reuse of waste.
3.
Delivery
of the waste from the site to a certified recycling facility.
4.
Other
methods as approved in regulations promulgated by the ESD director.
B.
All
of the waste diversion methods which may qualify for a refund of a
diversion deposit are subject to restrictions and documentation requirements
set forth in regulations promulgated by the ESD director.
(Ord. No. 941 § 2, 2018)
A.
For the purpose of this chapter, "certified recycling or material recovery facility" means a recycling, composting, materials recovery or reuse facility that has been certified by the ESD director as meeting all of the requirements in subsection B of this section.
B.
The
ESD director shall issue a certification only if the owner or operator
of the facility submits documentation satisfactory to the ESD director:
1.
That
the facility has obtained all applicable federal, state, and local
permits, and is in full compliance with all applicable regulations;
and
2.
The
percentage of incoming waste from construction, demolition, and alteration
activities that is diverted from landfill disposal meets the required
minimum percentage set forth in regulations promulgated by the ESD
director.
(Ord. No. 941 § 2, 2018)
A.
For
purposes of this section, "job site" means a location at which construction
and demolition debris are generated by a contractor.
B.
Subject to subsection C, a contractor may self-haul construction and demolition debris, as defined in section 8.19.020, generated by the contractor at the job site. When acting as a general contractor the contractor may haul these same materials for any contractor acting as a subcontractor at the same job site.
C.
The
right of a contractor to self-haul or haul hereunder is subject to
the following conditions:
1.
All contractors generating any of the recyclables or C&D waste, as defined by section 8.19.020, to be self-hauled or hauled shall have a valid city business license; and
2.
The
contractor owns hauling equipment and the equipment is clearly marked
with the identity of the contractor including, as a minimum threshold
requirement, the company name, address, and phone number; and
3.
The
contractor must be performing construction and demolition work on
the permitted job site; the contractor cannot serve solely as a hauler
of debris from the job site; and
4.
The
contractor must be named on the building permit; and
5.
The
contractor provides a copy of the vehicle registration; and
6.
The
contractor provides proof of insurance for the vehicle; and
7.
The
contractor's equipment shall be operated by an employee of the contractor
at all times during any self-haul to a disposal or processing facility
in a manner consistent with all appropriate laws and regulations;
and
8.
The
contractor performing the self-haul holds a current building and demolition
permit which co-vers all recyclables or construction and demolition
debris for which the contractor will be performing self-hauling, and
the contractor complies with the construction and demolition provisions
of the city; and
9.
The
contractor shall hold a construction and demolition self-haul permit
and pay the applicable C&D self-haul permit fee as set by the
city council. The C&D self-haul permit and applicable fee are
issued per project and are valid only for the duration of the specific
project; and
10.
The contractor performing the self-haul must comply with all requirements
of this chapter, including submittal of a waste management and recycling
plan and a diversion deposit.
(Ord. No. 941 § 2, 2018)
If an applicant who is subject to the requirements set forth in this chapter fails to comply with sections 8.19.040 and/or 8.19.050 prior to commencement of work on a covered project, the project shall be subject to a "stop work" order issued by the city until the waste management plan is submitted as required and has been approved by the ESD director pursuant to section 8.19.040.
It is unlawful for any person to collect or transport solid waste (as defined in section 8.17.020) within the city unless such person is an authorized collector, as defined in section 8.17.020, or is exempted as outlined in section 8.17.050(A) through E. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in section 8.17.050(A) through E.
Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of chapter 8.20. The costs of abatement of any such nuisance shall be a lien upon the property involved.
(Ord. No. 941 § 2, 2018)
Diversion deposits shall be used only for:
A.
Payment
of diversion deposit refunds;
B.
Costs
of administration of the program established by this chapter;
C.
Cost
of programs whose purpose is to divert from landfill disposal the
waste from construction, demolition and alteration projects; and
D.
Costs
of programs whose purpose is to develop or improve the infrastructure
needed to divert from landfill disposal the waste from construction,
demolition and alteration projects.
(Ord. No. 941 § 2, 2018)
