The purpose of this chapter is to reduce landfill waste by requiring an applicant for every covered project to divert a minimum of fifty percent by weight of the construction and demolition debris resulting from that project in compliance with state and local statutory goals and policies and to create a mechanism to secure compliance with the stated diversion requirement.
(Ord. 1811 § 1, 2005)
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 and includes, without limitation, alterations or improvements to an existing structure.
"Construction and demolition debris" or "construction and demolition waste" or "C&D waste" or "C&D debris"
means excess or discarded materials which are to be removed from a site during or after the construction, renovation, repair or demolition of any housing, commercial building or other structure, fence, wall or paving.
"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.
"Covered project"
shall have the meaning set forth in Section 6.09.030 of this chapter.
"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.
"Divert" and "diversion"
mean to use a material for any purpose other than disposal in a landfill.
"Diversion requirement"
means the diversion of at least fifty percent by weight of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 6.09.110 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.
"Noncovered project"
shall have the meaning set forth in Section 6.09.030 of this chapter.
"Performance security"
means any company checks, money order, or certificate of deposit submitted to the city pursuant to Section 6.09.070 of this chapter.
"Project"
means any activity which 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 of 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.
"Valuation"
means the estimated cost to replace the building or structure in kind, based on current replacement costs as determined by the city building official pursuant to Ordinance 1761.
"Waste management plan (WMP)"
means a completed WMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.
"WMP compliance official"
means the designated staff person(s) authorized and responsible for implementing this chapter.
(Ord. 1811 § 1, 2005)
(a) 
Covered Projects. All construction, demolition, and renovation projects within the city with a total valuation cost for the new or remodeled construction as determined by the building official which are, or are projected to be, greater than or equal to one hundred thousand dollars (covered projects) 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 the Glendora Municipal Code.
(b) 
Noncovered Projects. Applicants for construction, demolition, and renovation projects within the city whose total valuation cost as determined by the building official are less than one hundred thousand dollars (noncovered projects) shall be encouraged to divert at least fifty percent of all project-related construction and demolition debris, but shall not be required to comply with this chapter.
(c) 
City-Sponsored Projects. All city-sponsored construction, demolition, and renovation projects, shall be considered "covered projects" for the purposes of this chapter and shall submit a waste management plan to the WMP compliance official prior to beginning any construction or demolition activities 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.
(Ord. 1811 § 1, 2005)
The following projects are exempt from the requirements of this chapter:
(1) 
Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by any public safety official, building official, or code compliance officer of the city given prior to demolition;
(2) 
Swimming pools;
(3) 
Work for which a building or demolition permit is not required by this code;
(4) 
Projects for which only a plumbing permit, electrical permit or mechanical permit is required;
(5) 
Roofing projects that do not include removal of the existing roof;
(6) 
A project for which an exception, conditional use permit or design review approval has been obtained from the city prior to the effective date of the ordinance codified in this chapter;
(7) 
A project for which a valid application for a building permit has been lawfully submitted to the city prior to the effective date of the ordinance codified in this chapter;
(8) 
A project of city public works or city public construction for which the notice inviting bids has been published pursuant to Section 20160 et seq. of the California Public Contract Code prior to the effective date of the ordinance codified in this chapter.
(Ord. 1811 § 1, 2005)
The applicant for a covered project shall divert a minimum of fifty percent by weight of the construction and demolition debris resulting from the project.
(Ord. 1811 § 1, 2005)
(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 application 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 weight of project C&D debris, by materials type, to be generated;
(2) 
The maximum weight of such materials that can feasibly be diverted via reuse or recycling;
(3) 
The vendor or facility that the applicant proposes to use to collect or receive that material; and
(4) 
The estimated weight of C&D materials that will be landfilled.
(b) 
Calculating Weight of Debris. In estimating the weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose including standard engineering practices as approved in the California Building Code and/or the conversion factors approved by the California Integrated Waste Management Board.
(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 being transported for disposal in a landfill. Deconstruction can be used to meet the fifty percent diversion requirement provided it is accounted for in the WMP.
(Ord. 1811 § 1, 2005)
The applicant for any covered project shall submit with the WMP a performance security. The amount of the performance security shall be calculated as the lesser of three percent of total project valuation cost as determined by the building official or ten thousand dollars. Acceptable forms of performance security include the following: personal checks, company checks, money orders, and certificates of deposit.
(Ord. 1811 § 1, 2005)
An administrative fee as authorized by resolution of the council, for processing the WMP shall be paid to the city prior to issuance of any permits.
(Ord. 1811 § 1, 2005)
(a) 
Time of Review. A WMP shall be approved or denied no later than thirty days after a complete application is submitted to the city. The approval may be based on imposed conditions reasonably necessary to meet the standards of this chapter.
(b) 
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 6.09.060 of this chapter;
(2) 
The WMP indicates that at least fifty percent by weight of all C&D debris generated by the project will be diverted; and
(3) 
The applicant has submitted an appropriate performance security in compliance with Section 6.09.070 of this chapter.
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 building division that the WMP has been approved.
(c) 
Nonapproval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that at least fifty percent by weight of all 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, and so notify the building division, which shall then immediately stop processing the building or demolition permit application; or
(2) 
Return the WMP to the applicant marked "Further Explanation Required."
(Ord. 1811 § 1, 2005)
(a) 
Documentation. Within sixty days after the completion of any covered project, the applicant shall submit to the WMP compliance official documentation that the applicant has met the diversion requirement for the project. The diversion requirement shall be that the applicant has diverted at least fifty percent by weight of the total C&D debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 6.09.110 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project. If there is an exclusive solid waste recycling franchise with the city in effect which guarantees fifty percent diversion, use of that exclusive franchise solid waste recycling service shall be deemed as complying with the fifty percent diversion requirement. Documentation shall include all of the following:
(1) 
For applicants using the exclusive franchise solid waste recycling service:
(A) 
The dates demolition and construction actually commenced;
(B) 
Invoice bills indicating that all material was collected and processed by the exclusive franchise solid waste recycling service;
(C) 
A copy of the previously approved WMP for the project;
(D) 
Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.
(2) 
For applicants using their own trucks to haul construction and demolition debris (note, if an exclusive solid waste recycling franchise with the city is in effect, the applicant may not hire another firm other than the exclusive franchise hauler to handle collection and processing of solid waste recycling):
(A) 
The dates demolition and construction actually commenced;
(B) 
The actual weight of construction and demolition debris, listed for each material;
(C) 
The actual weight of construction and demolition debris that was diverted, listed for each material;
(D) 
A specification of the method used to determine the weights and a certification that the method used was the most accurate, commercially reasonable method available;
(E) 
Original receipts from all vendors or facilities which received each material showing the actual weight of that material;
(F) 
A copy of the previously approved WMP for the project adding the actual weight of each material diverted and landfilled;
(G) 
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 an 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 applicable regulatory requirements for accuracy and maintenance. Where 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 city for this purpose.
(c) 
Determination of Compliance and Release of Performance Security. The WMP compliance official shall review the information submitted under subsection (a) of this section and determine whether the applicant has complied with the diversion requirement, as follows:
(1) 
Full Compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, 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, 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 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, he or she shall release the performance security to the applicant.
(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 within the required time period, then the performance security or a portion thereof, may be forfeited to the city to satisfy any fines, civil penalties, late payment penalties, administrative costs and fees or other related charges. Any remaining performance security balance after deduction of all identified charges shall be released to the applicant within five years of receipt.
(4) 
Issuance of Certificate of Occupancy. The building official may issue a temporary certificate of occupancy prior to submittal by the applicant of all documentation required by this section. The certificate of occupancy may be finalized upon receipt of all documentation.
(5) 
Refund of Performance Security. The WMP compliance official shall authorize the refund of any performance security if the building or demolition permit application is withdrawn or cancelled before any work has begun.
(6) 
Release of Performance Security. No later than fifteen business days from the date complete compliance documentation is submitted, the WMP compliance official shall determine whether the applicant has complied with the requirements of this chapter, and the following shall occur:
(A) 
On a determination of compliance with the requirements of this chapter, the performance security shall be returned to the applicant within ten business days of determination.
(B) 
On a determination of noncompliance with the requirements of this chapter, the performance security shall be retained by the WMP compliance official pending any recommended prosecution or other administrative proceedings. The performance security shall be retained by the WMP compliance official pending the conclusion of all such proceedings.
(7) 
All performance security funds retained by the city shall be used only for:
(A) 
Payment of performance security refunds;
(B) 
In the case of noncompliance, any administrative cost incurred by the city in processing, administrating and enforcing applications for covered projects under this chapter, including but not limited to, staff time, hearing officer fees, legal fees, etc.;
(C) 
Any fines, civil penalties, late payment penalties or other charges related to processing, administrating and enforcing applications for covered projects under this chapter.
(Ord. 1811 § 1, 2005)
(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 6.09.060 of this chapter. 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. Based on the information supplied by the applicant along with any other available evidence or documentation regarding the feasibility of diversion or fifty percent by weight of C&D debris, the WMP compliance official shall determine whether it is possible for the applicant to meet the diversion requirement.
(c) 
Granting of Exemption. The WMP compliance official may grant an exemption based on the following considerations:
(1) 
Lack of storage space on site;
(2) 
Contamination by hazardous substances;
(3) 
Low recyclability of specific materials.
The WMP compliance official 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 building division 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 so inform the applicant in writing. The applicant shall have thirty days to resubmit a WMP form in full compliance with Sections 6.09.050 through 6.09.070 of this chapter. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Sections 6.09.050 through 6.09.070 of this chapter, the WMP compliance official shall deny the WMP in accordance with Section 6.09.100 of this chapter.
(Ord. 1811 § 1, 2005)
(a) 
Each applicant shall have the right to appeal certain decisions made by the WMP compliance official to an administrative hearing officer selected by the city. All appeal requests shall be submitted to the deputy public works director, in writing, within thirty calendar days of the decision of the WMP compliance official and shall include payment of a two hundred twenty dollar appeal fee.
(b) 
The appeal letter shall contain the following information:
(1) 
A heading in the words: "Before the Construction and Demolition appeal board of the City of Glendora;"
(2) 
A caption reading: "Appeal of _______" giving the names of all appellants participating in the appeal;
(3) 
A brief statement setting forth the legal interest of each of the appellants in the determination of the WMP compliance official;
(4) 
A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
(5) 
The signatures of all parties named as appellants and their official mailing addresses;
(6) 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(c) 
Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the deputy public works director shall fix a date, time and place for the hearing of the appeal by the administrative hearing officer. Such date shall not be less than ten days nor more than sixty days from the date the appeal was filed with the deputy public works director. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the city either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(d) 
Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing and adjudication of the determination of the WMP compliance official or any portion thereof.
(e) 
Determinations subject to appeal shall include, but not necessarily be limited to:
(1) 
The granting or denial of an exemption;
(2) 
Whether the applicant has acted in good faith; and
(3) 
The amount of security to be released.
(Ord. 1811 § 1, 2005)
The applicant shall pay the costs of any code enforcement activities, including attorneys' fees, resulting from the violation of any conditions of approval or any provision of the Glendora Municipal Code.
Any violation of the construction and demolition waste management ordinance or any entitlement granted is considered a misdemeanor punishable by a fine not to exceed one thousand dollars and/or by imprisonment in the county jail for a period not to exceed six months. Each day or portion of a day during which any violation of the construction and demolition waste management ordinance occurs or continues, constitutes a separate offense and shall be punishable as provided.
(Ord. 1811 § 1, 2005)