This Article shall be known and designated as the "Construction
and Demolition Recycling Program" (CDRP).
(Ord. 18-10 8-14-18)
The purpose of the ordinance codified in this Article is to reduce landfill waste by requiring an applicant for every covered project to divert a minimum of sixty-five percent, or the State-mandated diversion percentage, whichever is greater, of the Construction and Demolition Debris from all covered projects as defined in Section 7-63, one hundred percent of land clearing debris from non-residential newly constructed buildings, and all universal waste from non-residential and alteration projects, in compliance with State and local statutory goals and policies and to create a mechanism to secure compliance with the stated diversion requirement.
(Ord. 18-10 8-14-18)
For the purposes of this Article, the following definitions
shall govern unless the context clearly requires otherwise:
means a subordinate structure detached from the main structure,
the use of which is incidental and subordinate to that of the main
structure including one-story detached accessory structures used as
tool and storage sheds, playhouses and similar uses, provided the
floor area does not exceed one hundred twenty square feet (eleven
m2).
means any individual, firm, limited liability company, association,
partnership, trust, estate, political subdivision, government agency,
municipality, industry, public or private corporation, or any other
entity whatsoever who applies to the City for any permit, as defined
in this Article, and who is, therefore, responsible for meeting the
requirements of this Article.
means the earliest of the following dates: the date of a
temporary certificate of occupancy is issued by the City for a project,
the date a certificate of occupancy is issued by the City for a project,
or the date the final City inspection approving the project is completed.
means the building or enlargement of any structure, or any
portion thereof, and includes, without limitation, alterations or
improvements to an existing structure.
means the excess or discarded materials which are to be removed
from a site during or after the construction or demolition of any
structure, fence, wall or paving.
means the handling facility or facilities utilized for the
ultimate disposal of construction and demolition or inert debris.
The Public Works Director, or designee, shall prepare and publish
a list of approved construction and demolition recycling centers and
inert debris engineered fill operations. In addition, the list of
approved facilities will be provided to the applicant upon the issuance
of any building or demolition permit.
means the rate set forth in the standardized conversion rate
table for use in estimating the volume or weight of construction and
demolition debris, approved by the Director of Public Works and filed
with the City Clerk.
means any project meeting the thresholds set forth in Section 7-63.
means the razing, tearing down or wrecking of any structure,
wall, fence or paving, whether in whole or in part, whether interior
or exterior.
mean the careful and systematic dismantling of a structure
in order to salvage materials for diversion.
means the Director of Public Works, or designee, who is hereby designated to issue a compliance order or an administrative citation to enforce this Article pursuant to Chapter 1, Section 1-32 of this Code.
mean the recycling or on-site reuse of construction and demolition
debris to avoid disposal in a landfill.
means the diversion of a minimum of sixty-five percent or the State-mandated diversion percentage, whichever is greater, of the total construction and demolition debris generated by a project, or the lower percentage requirement granted by exception pursuant to Section 7-72.
shall have the same meaning as set forth in Title 14, California Code of Regulations, Section 17388(k).
means trees, stumps, and associated vegetation and soils
resulting from land clearing.
means driveways, walkways, parking areas, streets and sidewalks.
means cash, certified or cashier's check, certificate of
deposit, or other security in a form approved by the Director of Public
Works.
means any building or demolition permit.
means the construction and demolition diversion program permit
application.
means any proposal for new or changed use, or for new construction, alteration, enlargement or demolition of any structure, that requires a permit from the City as defined in Section 7-63.
mean the process of collecting, sorting, cleansing, treating
and reconstituting construction and demolition debris that would otherwise
be disposed of in a landfill, for use as raw material for new, recycling,
or reconstituted products which meet industry standards. Recycling
does not include burning, incinerating, or thermally destroying solid
waste.
means construction and demolition debris which has some potential
economic value, and is set aside, handled, packaged, or offered for
collection in a manner different from refuse in order to allow it
to be processed for recycling.
means construction and demolition debris which is removed
from any premises by the waste generator, and which is transported
personally by such generator (or by his or her full-time employees)
to a processing or construction and demolition recycling facility
in a manner consistent with all applicable laws and regulations.
means anything constructed or erected that requires a location
in the ground, including a building or a swimming pool, but not including
a fence or a wall used as a fence, or driveways or walkways.
means and includes primary consumer products containing mercury,
lead, cadmium and other substances which are hazardous to human health
and the environment. These items cannot be discarded in household
trash nor disposed in landfills. Examples of universal waste are batteries,
fluorescent tubes, and many electronic devices.
means any person as defined by the Public Resources Code,
whose act or process produced construction and demolition debris,
or whose act first causes construction and demolition debris to become
subject to regulation.
means an application approved by the Director of Public Works
for the purpose of reviewing project compliance with the provisions
of this Article.
means the Director of Public Works or designee.
(Ord. 18-10 8-14-18)
(1)
Unless otherwise exempt under Section 7-65 projects by the City or by any applicant meeting the following thresholds shall be considered covered projects, shall meet the diversion requirement and shall comply with all provisions of this Article:
(a)
All
new construction initiated by January 1, 2017 or later;
(b)
Nonresidential
remodeling, addition, and alternation projects;
(c)
Residential
additions and alterations which increase the building's footprint,
volume, or size;
(d)
All
demolition projects;
(e)
Grading
projects which generate land clearing debris; and
(f)
All City-sponsored construction, demolition, and renovation projects, except as provided in this Section and in Section 7-65, shall be considered covered projects for the purposes of the Article and shall be subject to all applicable provisions of the same. Prior to the start of any City-sponsored construction or demolition activities, a waste management plan shall be prepared by the Waste Management Plan Compliance Officer. The City is not required to submit a security deposit for City-sponsored covered projects. City-sponsored projects limited to interior plumbing work, electrical work or mechanical work are not covered projects. City-sponsored demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it, from time to time, may be amended, is not a covered project.
(2)
Compliance
with the provisions of this Article shall be listed as a condition
of approval on all building or demolition permits issued for a covered
project.
(Ord. 18-10 8-14-18)
The applicant for a covered project shall divert a minimum of
sixty-five percent, or the State-mandated diversion percentage, whichever
is greater, of the construction and demolition debris and one hundred
percent of land clearing debris from newly constructed buildings resulting
from the project.
(Ord. 18-10 8-14-18)
The following projects are exempt from the requirements of this
Article:
(1)
Demolition
or construction required to protect public health or safety in an
emergency, as defined in Public Resources Code Section 21060.3, as
it, from time to time, may be amended.
(2)
Projects
in any residential district which consist solely of either an accessory
structure, swimming pool or spa.
(3)
Residential
additions or alterations which do not increase the building's conditioned
area, volume, or size.
(4)
Work
which is wholly for:
(a)
Seismic
tie downs;
(b)
Shelve
installation or replacement;
(c)
Installation
of prefabricated patio enclosures and covers where no foundation or
other structural building modification are contemplated;
(d)
Installation
of pre-fabricated signs, antennas or other items where no structural
building modifications are required;
(e)
New
roof installation where no significant removal of existing roofing
materials is required;
(f)
Work
for which only a plumbing permit, electrical permit or mechanical
permit is required; and
(g)
The
installation of new fencing, but not replacement of existing fencing.
(5)
A project
for which an exception, special use permit or design review approval
has been obtained from the City prior to the effective date of the
ordinance codified in this Article.
(6)
A project
for which a valid building permit has been lawfully issued by the
City prior to the effective date of the ordinance codified in this
Article.
(7)
A project
of City Public Works or City public construction for which the notice
inviting bids has been published pursuant to Chapter 2, Article 5
of this Code prior to the effective date of the Ordinance codified
in this Article.
(8)
A project,
as determined by the Public Works Director or designee, not generating
construction or demolition debris.
(Ord. 18-10 8-14-18)
Each applicant, including the City, for a permit for any covered
project shall complete and submit a waste management plan. The waste
management plan shall include the following information, calculated
with the conversion rate, and shall be attested by the applicant,
under penalty of perjury, as true and correct for all stated facts
and as a best estimate based on all information reasonably available
about the project, where all of the facts cannot be ascertained:
(1)
The estimated
volume or weight of construction and demolition debris, listed for
each material;
(2)
The estimated
volume or weight of construction and demolition debris that can be
diverted, listed for each material;
(3)
The estimated
volume or weight of construction and demolition debris that will be
land-filled as solid waste;
(4)
The identification
of the vendor or facility that will collect or receive the construction
or demolition debris or that will deconstruct the structure;
(5)
The estimated
quantity of universal waste by type and final disposition of such
material;
(6)
The estimated
volume of land clearing debris; and
(7)
The estimated
date on which demolition or construction is to commence.
(Ord. 18-10 8-14-18)
Applicants for permits for a covered project shall submit a
performance security in cash, check or other form as determined by
the Waste Management Plan Compliance Officer, with the waste management
plan. The rate for the performance security, based upon the recommendation
of the Public Works Director, shall be set by resolution of the City
Council.
(Ord. 18-10 8-14-18)
(1)
Time
for Review. A waste management plan shall be approved or denied no
later than fifteen business days after a complete application is made.
The approval may be based on imposed conditions reasonably necessary
to meet the standards of this Article.
(2)
Approval.
Notwithstanding any other provisions of this Article, no permit shall
be issued for any covered project unless and until the waste management
plan has been approved, based upon the following findings by the Waste
Management Plan Compliance Officer:
(3)
Non-Approval.
If the Waste Management Plan Compliance Officer determines that the
waste management plan is incomplete or fails to indicate that at least
sixty-five percent, or the State-mandated diversion percentage, whichever
is greater, of all waste materials generated by a covered project
will be reused or recycled, then the Waste Management Plan Compliance
Officer shall either:
(Ord. 18-10 8-14-18)
It is unlawful for any person other than the City's licensed
franchised collector or a self hauler or those persons employed by
the franchise collector to collect or haul any construction and demolition
debris within the City.
(Ord. 18-10 8-14-18)
(1)
Monthly
Reports. Monthly reports shall be submitted by the applicant on a
form provided by the Waste Management Plan Compliance Officer certifying
recycling activities of the prior month for each covered project.
Failure of the applicant to provide timely monthly reports may result
in a "non-compliance" determination of the project by the Waste Management
Plan Compliance Officer, and may result in a forfeiture of the security
deposit.
(2)
Final
Report. No later than thirty days from the completion of a covered
project, the applicant shall submit a compliance reporting form, under
penalty of perjury, to the Waste Management Plan Compliance Officer.
The form shall include the following information:
(a)
The
dates demolition and construction actually commenced;
(b)
The
actual volume or weight of construction and demolition debris, listed
for each material;
(c)
The
actual volume or weight of construction and demolition debris that
was diverted, listed for each material;
(d)
The
actual quantity of universal waste that was properly disposed or diverted
from landfilling, listed for each material;
(e)
The
actual volume of land clearing debris that was diverted;
(f)
A
specification of the method used to determine the volumes and weights
and a certification that the method used was the most accurate, commercially
reasonable method available; and
(g)
Original
receipts from all vendors and facilities which collected or received
construction and demolition debris, indicating actual weights and
volumes received by each.
(Ord. 18-10 8-14-18)
No later than fifteen business days from the date a complete
compliance reporting form is submitted, the Waste Management Plan
Compliance Officer shall determine whether the applicant has complied
with the requirements of this Article, and the following shall occur:
(1)
Full
Compliance. On a determination of compliance with the requirements
of this Article, including the monthly reporting requirement, the
full performance security shall be returned to the applicant within
fifteen business days of determination.
(2)
Good
Faith Effort to Comply. If the Waste Management Plan Compliance Officer
determines that the applicant did not comply with the requirements
of this Article, then the Waste Management Plan Compliance Officer
shall determine if the applicant made a good faith effort to comply.
In making this determination, the Waste Management Plan Compliance
Officer shall consider the availability of markets for the construction
and demolition materials transported for disposal in a landfill or
transformation facility, the size of the project, and the documented
efforts of the applicant to divert the required materials. If the
Waste Management Plan Compliance Officer determines that the applicant
has made a good faith effort to comply with the provisions of this
Article, then the Waste Management Plan Compliance Officer shall approve
the release of the full performance security, or a portion thereof.
Any portion of the performance security not released to the applicant
shall be forfeited to the City, and shall be used for the purposes
of promoting recycling within the City.
(3)
Noncompliance. If the Waste Management Plan Compliance Officer determines that the applicant has not made a good faith effort to comply with this Article, or if the applicant fails to submit the documentation required by Section 7-70, within the required time period, then the performance security deposit shall be retained by the City.
(4)
Withdrawal
of Building or Demolition Permit Application. The Waste Management
Plan Compliance Officer may authorize the refund of any performance
security deposit if the building or demolition permit application
is withdrawn or canceled before any work or demolition has begun.
(5)
All performance
security deposits retained by the City shall be used only for:
(6)
No interest
shall be paid on any performance security.
(Ord. 18-10 8-14-18)
Prior to commencing demolition or construction, an applicant
wishing relief from the requirements of this Article may seek an exception,
partial or complete, from the requirements of this Article through
the following process:
(1)
Initiation.
The exception process shall be initiated by the filing of a complete
exception application with the Waste Management Plan Compliance Officer.
The Waste Management Plan Compliance Officer shall determine the completeness
of the exception application within five business days of the filing
of the application. During this review, the Waste Management Plan
Compliance Officer may provide suggestions for possible ways of meeting
the diversion requirements.
(2)
Decision
on Application. Following consideration of the exception application,
the Waste Management Plan Compliance Officer shall either make the
required findings and take action on the application; including a
determination of the maximum feasible diversion rate for each material,
if less than sixty-five percent, or the State-mandated diversion percentage,
whichever is greater, is determined, and shall designate this rate
on the waste management plan; or shall state why the findings cannot
be made and deny the application. A decision on the application shall
be rendered within seven business days following determination the
application is complete.
(3)
Findings.
All of the following findings must be made prior to the approval of
an exception:
(a)
There
are exceptional or extraordinary circumstances or conditions applicable
to the project that do not apply generally to similar projects;
(b)
Granting
the application will not constitute a grant of special privilege inconsistent
with limitations imposed on like projects; and
(c)
Cost
to the applicant of strict compliance with this Article is not the
primary reason for granting the exception.
(Ord. 18-10 8-14-18)
Any person or entity aggrieved by any decision or finding under
the provisions of this Article with respect to approving or to denying
a waste management plan, or to granting or denying an application
for an exception from compliance with this Article, may appeal such
decision or finding. An appeal must be filed within five days after
receipt of notice of any protested decision or finding by filing with
the Director of Public Works a letter of appeal briefly stating therein
the basis for such appeal. A hearing shall be held on a date no less
than fifteen days, nor more than sixty days after receipt of the letter
of appeal. Appellant shall be given at least fourteen calendar days'
notice of the time and place of the hearing. A neutral hearing officer
selected by appellant from a City-approved list, shall give the appellant,
and any other interested party, a reasonable opportunity to be heard,
in order to show cause why the decision or finding should not be upheld.
In all such cases, the burden of proof shall be upon the appellant
to show that there was no substantial evidence to support the decision
or finding appealed. At the conclusion of the hearing, the hearing
officer shall make a final and conclusive determination. The appeal
process set forth in this Section does not apply to administrative
citations pursuant to Chapter 1, Article 3.
(Ord. 18-10 8-14-18)
It is unlawful and a violation of this Article to do any of
the following:
(1)
To willfully
fail to comply with any provision of this Article.
(2)
To provide
false or misleading information in any required plan, report or document.
(3)
To fail
to meet the diversion requirement for any covered project.
(Ord. 18-10 8-14-18)
A violation of any provision of this Article shall be prosecuted as a misdemeanor or infraction at the option of the City and as further set forth in Section 7-76, with respect to penalties and administrative proceedings.
(Ord. 18-10 8-14-18)
(2)
Infractions. Any person who violates subsection 3 of Section 7-74 or any other provision of this Article is guilty of an infraction, unless determined by the City Attorney pursuant to Inglewood Municipal Code Section 1-18.3 to be a misdemeanor, and shall be punished by a fine as established in the Inglewood Municipal Code Section 1-18.
(3)
Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation is committed or permitted. For violations of subsection 3 of Section 7-74, the violation shall be considered to commence on the date when demolition or construction first commenced, and this date is rebuttably presumed to begin on the commencement date provided by the applicant in the waste management plan.
(4)
In addition to the provisions of Section 7-75, violations of this Article may be subject to the administrative proceedings set forth in Chapter 11, Article 11.4 of this Code, including, but without limitation, civil penalties, late payment penalties, administrative fees, or other related charges as established by resolution of the City Council.
(Ord. 18-10 8-14-18)
To the maximum extent permitted by law, administrative remedies
specified in this Article are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. The remedies
provided for therein shall be cumulative and not exclusive.
(Ord. 18-10 8-14-18)
The Waste Management Plan Compliance Officer may establish and
adopt standards, guidelines, and criteria consistent with this Chapter
which are reasonably necessary to achieve the objectives of this Chapter.
Said adoptions may be published at the Public Works Counter and the
City website.
(Ord. 18-10 8-14-18)
(a)
"Commercial"
"Commercial premises"
"Multifamily dwelling"
"Organic waste"
"Premises"
"Recycling"
"Solid waste"
Definitions.
refers to services performed at or for commercial premises.
means premises upon which business activity is conducted,
including, but not limited to, retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding residential
premises upon which business activities are conducted when such activities
are permitted under applicable zoning regulations and are not the
primary use of the property. Notwithstanding any provision to the
contrary herein, in the Inglewood Municipal Code, or otherwise, for
purposes of this Section, premises upon which the following uses are
occurring shall be deemed to be commercial premises: adult residential
facilities, assisted living facilities, convalescent homes, dormitories,
extended stay motels, group residential facilities, group care facilities,
hotels, and motels.
means any building or lot containing five or more dwelling
units. Multifamily dwelling units generally receive solid waste handling
services through the use of shared containers.
means solid wastes containing material originated from living
organisms and their metabolic waste products, including but not limited
to food, green material, landscape and pruning waste, organic textiles
and carpets, lumber, wood, paper products, printing and writing paper,
manure, biosolids, digestate, and sludges or as otherwise defined
in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined
by 14 CCR Section 18982(a).
means any land or building in the City where solid waste
is generated or accumulated.
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials for the purpose of 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. Recycling includes processes deemed
to constitute a reduction of landfill disposal pursuant to 14 CCR,
Division 7, Chapter 12, Article 2. Recycling does not include gasification
or transformation, as defined in Public Resources Code Section 40201.
means all discarded putrescible and non-putrescible solid,
semisolid, and liquid wastes, including refuse, construction and demolition
debris, bulky items, recyclable materials, and organic waste, or any
combination thereof which are permitted to be disposed of in a Class
III landfill. "Solid waste" includes all solid wastes generated by
residential, commercial, and industrial sources, and all solid waste
generated at construction and demolition sites, and at treatment works
for water and wastewater, which are collected and transported under
the authorization of the City or are self-hauled by residents or contractors.
Solid waste does not include agricultural crop residues, mining waste
and fuel extraction waste, forestry wastes, ash from industrial boilers,
furnaces and incinerators or hazardous material, any waste which is
not permitted to be disposed of at a Class III landfill and which
fall within the definition of "non-hazardous solid waste" set forth
in Title 23, Chapter 15, Section 2523(a) of the California Code of
Regulations as amended or designated Class II wastes. Materials shall
be deemed "solid waste" consistent with the meaning of California
Public Resources Code Section 40191.
(b)
Accessible
Areas for Recycling. As more fully described below, the building official,
and permittees, shall ensure adequate space for recycling is incorporated
into building plans as required by the California Code of Regulations,
Title 23, the California Green Building Standards Code, Chapter 4
Residential Mandatory Measures, and Chapter 5, Nonresidential Mandatory
Measures.
(c)
Recycling
by Occupants.
(1)
Recycling
by Occupants at Multifamily Dwellings. Where five or more multifamily
dwelling units are constructed on a building site, provide readily
accessible area(s) that serves all buildings on the site and are identified
for the depositing, storage, and collection of non-hazardous materials
for recycling, including (at a minimum) paper, corrugated cardboard,
glass, plastics, organic waste, and metals, or meet a lawfully enacted
local recycling ordinance, if more restrictive.
(2)
Recycling
by Occupants at Commercial Businesses. Provide readily accessible
areas that serve the entire building and are identified for the depositing,
storage and collection of non-hazardous materials for recycling, including
(at a minimum) paper, corrugated cardboard, glass, plastics, organic
waste, and metals or meet a lawfully enacted local recycling ordinance,
if more restrictive.
(d)
Additions.
All additions conducted within a twelve-month period under single
or multiple permits, resulting in an increase of thirty percent or
more in floor area, shall provide recycling areas, including an area
for organic waste collection, on site.
(Ord. 22-07 4-5-22)
