The City Council of the City of Desert Hot Springs finds and
determines that the City is committed to protecting the public health,
safety, welfare, and environment; that in order to meet these goals
it is necessary that the City promote the reduction of solid waste
and reduce the stream of solid waste going to landfills; that under
California law as embodied in the California Waste Management Act
(California
Public Resources Code Section 40000 et seq.), the City
of Desert Hot Springs is required to prepare, adopt, and implement
source reduction and recycling elements to reach reduction goals,
and is required to make substantial reductions in the volume of waste
materials going to landfill, under the threat of penalties of $10,000
per day, that waste from demolition and construction of commercial
and residential buildings represents a large portion of the volume
presently coming from the City of Desert Hot Springs, and that a percentage
of that waste is particularly suitable for recycling; that the City
of Desert Hot Springs commitment to the reduction of waste and to
be in compliance with State law requires the establishment of programs
for recycling and salvaging construction and demolition materials;
the City Council recognizes that requiring demolition and construction
waste to be recycled and reused may in some respects add modestly
to the cost of demolition and construction and in other respects may
make possible some cost recovery and cost reduction; and that it is
necessary in order to protect the public health, safety, and welfare
that the following regulations be adopted.
(Prior code § 50.50; Ord. 542 3-18-14; Ord. 548 9-2-14)
As used in this chapter:
“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.
“City-owned projects”
means construction, demolition, addition, alteration, and remodel projects that are City-owned and are not described by Section
8.08.050 as exemptions.
“Compliance Official”
means person designated by the City to evaluate C & D
waste plans, track project progress, and determine return and forfeiture
of securities.
“Construction”
means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of designated recyclable and reusable materials as defined in Section
8.08.030.
“Construction and demolition waste”
means and includes the waste building materials, packaging
and rubble resulting from construction, remodeling, repair and demolition
operations on pavements, houses, commercial buildings and other structures.
C & D waste includes the following items which meet the above
criteria:
1.
Components of the building or structure that is the subject
of the construction work including, but not limited to, lumber and
wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting
and floor coverings, window coverings, plastic pipe, concrete, fully
cured asphalt, heating, ventilating, and air conditioning systems
and their components, lighting fixtures, appliances, equipment, furnishings,
and fixtures;
2.
Tools and building materials consumed or partially consumed
in the course of the construction work including material generated
at construction trailers, such as blueprints, plans, and other similar
wastes;
3.
Cardboard and other packaging materials derived from materials
installed in or applied to the building or structure or from tools
and equipment used in the course of the construction work; and
4.
Plant materials resulting from construction work when commingled
with dirt, rock, inert debris or C & D waste.
“Contractor”
means any person or entity holding, or required to hold,
a contractors license of any type under the laws of the state of California,
or who performs (whether as contractor, subcontractor or owner-builder)
any construction, demolition, remodeling, or landscaping relating
to buildings or accessory structures in Desert Hot Springs.
“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 C & D waste
plan.
“Covered projects”
means all construction, demolition, addition, alteration,
and remodel projects within the City requiring a building permit.
“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”
means redirection of material that would previously be disposed
into the landfill. Appropriate diversion methods include transfer
of materials to acceptable recycling facilities, approved on-site
re-use techniques, and other waste minimization methods approved by
the Compliance Official.
“Diversion requirement”
means the diversion of at least 50 percent of the total construction and demolition waste generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section
8.08.050 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Compliance Official.
“Exempt”
means projects that are described by the criteria outlined in Section
8.08.050 are considered exempt.
“Large project”
means projects that are 25 or more homes under a subdivision
or a specific plan constructing 100,000 square feet or more.
“Mixed waste processing facility”
means a recycling, composting, materials recovery or re-use
facility for which the Compliance Official has issued a certification
pursuant to regulations promulgated by the Compliance Official.
“Performance security”
means a letter of credit, certificate of deposit, or cash and cash equivalents submitted to the City/County pursuant to Section
8.08.080 of this chapter.
“Project”
means a building or buildings covered under an individual
permit.
“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.
“Recycling facility”
means approved processing facility by City, County, State,
or Federal government.
“Renovation”
means any change, addition, or modification to an existing
structure.
“Reuse”
means further or repeated use of construction or demolition
waste.
“Salvage”
means the controlled removal of construction or demolition
waste from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
(Prior code § 50.51; Ord. 542 3-18-14; Ord. 548 9-2-14)
(Use Riverside County definition of nonhazardous and hazardous
materials.) Recyclable and reusable materials include, but are not
limited to, the following:
A. Appliances
including, but not limited to, stoves, refrigerators, water heaters,
air conditioning, and lighting;
C. Drywall
and plaster materials including drywall, gypsum, and sheetrock;
D. Green
waste, which includes tree trimmings, grass, leaves, roots, and palm
fronds;
E. Masonry
building materials including all products generally used in construction
including, but not limited to, concrete, rock, stone, and brick;
F. Metals
including ferrous (steel, stainless steel, steel piping, roofing,
and flashing) and nonferrous (aluminum, copper, and brass);
G. Paving
materials including asphalt, brick, and concrete;
H. Roofing
materials including wood shingles as well as asphalt, stone, concrete,
metal, and slate based roofing material;
I. Salvageable
materials and structures including, but not limited to, wallboard,
doors, windows, fixtures, toilets, sinks, and bathtubs;
J. Wood
waste includes any and all dimensional lumber, fencing or construction
wood that is not chemically treated, creosoted, CCA pressure treated,
contaminated or painted;
K. Any
other construction or demolition debris that is nonhazardous and available
for recycling or reuse, including dirt.
(Prior code § 50.52; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. Demolition.
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 a reuse ware-house facility for storage or sale.
B. New
Construction. All covered projects must do the following:
1. Meet
the diversion requirement of at least 50 percent of all construction
waste;
2. Meet
the diversion requirement of the California Green Building Standards
Code, 24
CCR, Part 11, known as CALGreen, in effect at the time;
3. Submit
a performance security along with the application required for a construction
permit. City-owned projects will not be required to pay the performance
security.
C. Every
applicant shall submit a properly completed “recycling and waste
reduction form” as prescribed by the City’s Compliance
Official, to the Building and Safety Department, as a portion of the
building or demolition permit process. The form shall contain an accurate
estimate of the tonnage or other specified units of construction and/or
demolition waste to be generated from construction and demolition
on the site. Approval of the form as complete and accurate shall be
a condition precedent to issuance of any building or demolition permit.
D. The applicant shall comply with Section
8.10.030 of the California Green Building Standards Code.
(Prior code § 50.53; Ord. 542 3-18-14; Ord. 548 9-2-14; Ord. 758 6-8-22)
A. Evaluation
of the C & D waste plan may determine the following projects exempt:
1. Work
for which a building or demolition permit is not required;
2. Roofing
projects that do not include tear-off of existing roof;
3. Remodels,
alterations, or additions with total area less than 500 square feet;
4. Work
for which only a plumbing, only an electrical, or only a mechanical
permit is required;
5. Seismic
tie-down projects;
6. Installation
of pre-fabricated patio enclosures or accessories such as signs or
antennas where no structural building modifications are required;
7. Projects
where no structural building modifications are required;
8. Emergency
demolition that is required to protect the public health and safety;
and
9. Other
projects that the Compliance Official determines infeasible to comply
with the diversion requirement.
B. The
Compliance Official shall determine if the construction project is
in compliance with this section. While not required, it shall be encouraged,
that at least 50 percent of all project-related construction and demolition
waste from exempt projects be diverted. The Compliance Official shall
distribute education materials that encourage recycling of construction
and demolition waste.
(Prior code § 50.54; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. The
Compliance Official shall issue a certification only if the owner
or operator of the facility submits documentation satisfactory to
the Compliance Official:
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
mixed waste facility shall determine amount of material landfilled
versus diverted and provide Compliance Official with tonnage diverted
on receipts.
B. The
City shall make available to each building permit applicant paying
a performance security a current list of mixed waste processing facilities.
(Prior code § 50.55; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. In conjunction
with the building permit applications fee, the applicant shall submit
a properly completed C & D waste plan to the Compliance Official
in a form as prescribed by that Official, for one or more building
permits issued at the same time. The completed C & D waste plan
shall contain the following:
1. The
estimated volume or weight of construction and demolition waste that
will be disposed;
2. The
estimated weight of such materials that can feasibly be diverted via
reuse or recycling by material type;
3. The
vendor(s) that the applicant proposes to use to service the cleanup
activities and the markets identified that will be used in recycling
or reusing the diverted materials.
Because actual material weights are not available in this stage,
estimates are used. In estimating the volume or weight of materials
as identified in the C & D waste plan, the applicant shall use
the standardized conversion rates approved by the City of Desert Hot
Springs for this purpose. Approval of the C & D waste plan as
complete and accurate shall be a condition precedent to the issuance
of any building or demolition permit. If the applicant calculates
the projected feasible diversion rate as described above, and finds
the rate does not meet the diversion goal, the applicant must then
submit information supporting the lower diversion rate. If this documentation
is not included, the C & D waste plan shall be deemed incomplete.
|
B. Evaluation
of the C & D waste plan will determine the following:
1. Approval.
No building or demolition permit shall be issued for any covered project
unless and until the Compliance Official has approved the C &
D waste plan. The Compliance Official shall only approve a C &
D waste plan if he or she determines that all of the following conditions
have been met:
a. The C & D waste plan provides all of the information set forth
in this section;
b. The C & D waste plan indicates that the diversion requirements of Section
8.08.040 are met; and
c. The applicant has submitted an appropriate performance security for
the project.
2. Non-Approval. If the Compliance Official determines that the C & D waste plan is incomplete or fails to indicate that the diversion requirements of Section
8.08.040 will be met, he or she shall either:
a. Return the C & D waste plan to the applicant marked “Disapproved,”
including a statement of reasons, and will notify the building department,
which shall then immediately stop processing the building or demolition
permit application; or
b. Return the C & D waste plan to the applicant marked “Further
Explanation Required.”
(Prior code § 50.56; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. The
applicant for a building or demolition permit shall submit a performance
security along with the C & D waste plan. This performance security
shall be the amount established by resolution of the City Council.
B. The
applicant shall post performance security in the form of cash, money
order, letter of credit, performance or surety bond.
(Prior code § 50.57; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. The
Compliance Official may authorize the refund of any performance security,
which was erroneously paid or collected.
B. The
Compliance Official may authorize the refund of any performance security
when the building permit application is withdrawn or cancelled before
any work has begun.
C. The
performance security shall be returned, without interest, in total
or pro-rated, upon proof of satisfaction by the Compliance Official
that no less than the required percentage of construction and demolition
waste tonnage generated by the covered project has been diverted from
disposal and has been recycled or reused. If a lesser percentage of
construction and demolition waste tonnage than is required is diverted,
a proportionate share of the deposit shall be returned. The deposit
shall be forfeited entirely or to the pro-rated extent that there
is a failure to comply with the requirements of this chapter. The
City may, by formal resolution, modify the amount of the required
security.
(Prior code § 50.58; Ord. 542 3-18-14; Ord. 548 9-2-14)
Moneys received by the City as performance security shall be
used only for:
A. Payment
of performance security refunds;
B. Programs
to divert construction, demolition, and alteration projects from the
landfill;
C. Programs
whose purpose is to develop or improve the infrastructure needed to
divert wastes from construction, demolition, and alteration projects
from landfill disposal;
(Prior code § 50.59; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. To the
extent practical, all construction and demolition waste shall be weighed
in compliance with all regulatory requirements for accuracy and maintenance.
For construction and demolition waste 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 City for this purpose.
B. Throughout the duration of the project the applicant is required to submit documentation to the Compliance Official that proves compliance with the requirements of Sections
8.08.040 and
8.08.070. The documentation shall consist of monthly updates showing waste tonnage data, total tonnage, tonnage diverted, and tonnage landfilled supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or is being recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available. If the applicant fails to complete this requirement, the Building Inspector or Compliance Official will consider placing a stop work order on projector covered project to ensure compliance of this section.
C. Within 60 days following the completion of the demolition of a covered project (if applicable), and again within 60 days following the final inspection of the project, the applicant shall submit documentation to the Compliance Official that proves compliance with the requirements of Sections
8.08.040 and
8.08.070. The documentation shall consist of a final completed C & D waste plan showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or are to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available. If the applicant fails to comply with this requirement, the performance security will be forfeited.
(Prior code § 50.60; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. If the 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 Sections
8.08.070,
8.08.110, and
8.08.130 within the 60-day time period, then the deposit shall be forfeited to the City.
B. If it has been determined through the monthly progress of submitted documentation that the project is failing to meet the criteria of Section
8.08.040, the City reserves the right to hire appropriate assistance necessary for the project to achieve compliance. If this occurs, the applicant will be held liable for the costs associated with compliance.
C. If the
Compliance Official determines that the applicant has diverted a lesser
percentage of construction and demolition waste tonnage than required,
the deposit shall be forfeited entirely or to the pro-rated extent
that there is failure of compliance.
(Prior code § 50.61; Ord. 542 3-18-14; Ord. 548 9-2-14)
The Compliance Official shall review the information submitted under Section
8.08.110 of this chapter and determine whether the applicant has complied with the diversion requirement as follows:
A. Full
Compliance. If the Compliance Official determines that the applicant
has fully complied with the diversion requirement applicable to the
project, the Compliance Official shall cause the performance security
to be refunded in full, without interest, within 15 days.
B. Partial
Compliance. If the contractor is not found in compliance but has submitted
required forms and documentation, the City may refund a percentage
of the deposit for partial compliance. See schedule below to determine
the amount of the security to be refunded based on the level of diversion
obtained and supported.
Percent Diverted
|
Percent Deposit Returned
|
---|
50%
|
100%
|
40—49%
|
80%
|
30—39%
|
60%
|
20—29%
|
40%
|
10—19%
|
20%
|
Under 10%
|
0%
|
C. Noncompliance. If the Compliance Official determines that the applicant has not fully or partially complied with the diversion requirement, or if the applicant fails to submit the documentation required by Section
8.08.110 within the 60-day time period, then the performance security shall be forfeited to the City.
(Prior code § 50.62; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. The
applicant shall have the right to appeal to the City Manager or designee,
any decision made by the Compliance Official.
B. The
decision made by the City Manager or designee shall be final.
(Prior code § 50.63; Ord. 542 3-18-14; Ord. 548 9-2-14)
Annually, the City will evaluate this chapter to determine its
effectiveness in reducing the amount of C & D waste disposed.
In this determination, the City will consider issues such as the amount
of C & D waste disposed, volume of C & D activity, markets
for C & D waste, and other barriers encountered by applicants.
If the City determines the C & D disposed had the potential for
diversion, then the City may amend these provisions and implement
the necessary measures to divert more C & D waste.
(Prior code § 50.64; Ord. 542 3-18-14; Ord. 548 9-2-14)
Refer to Chapter
4.16 of the City of Desert Hot Springs Municipal Code.
(Prior code § 50.65; Ord. 542 3-18-14; Ord. 548 9-2-14)
Refer to Chapter
9.04 and Section
9.04.110, Penalty, of the City of Desert Hot Springs Municipal Code.
(Prior code § 50.66; Ord. 542 3-18-14; Ord. 548 9-2-14)
A. Notwithstanding
the foregoing, the City hereby designates its franchised contractor
to serve as its preferred hauler of construction and demolition waste
for recycling and diversion.
B. An applicant may arrange exclusively with the City’s preferred hauler to remove construction and demolition waste for recycling or diversion from a project covered by this chapter, with written evidence of said arrangement delivered to the City, whereupon certain Chapter
8.08 requirements of applicant shall be waived: (1) submittal of the C&D waste plan required by Section
8.08.070; (2) posting of the performance security required by Section
8.08.080; and (3) reporting required by Section
8.08.110. In entering into an arrangement with the City’s preferred hauler to remove construction and demolition waste for recycling and diversion, applicant agrees to actively and regularly utilize the City’s preferred hauler’s services during the entire period of demolition and/or construction on an as-needed basis, and abide by the City’s and the City’s preferred hauler’s rules and regulations pertaining to the storage for removal of construction and demolition waste. Self-hauling of construction and demolition waste shall not be permitted when requirements of Sections
8.08.070,
8.08.080 and
8.08.110 have been waived.
C. The
City’s preferred construction and demolition waste hauler shall
report to the City the recycling and diversion attributed to each
applicant and each project.
D. Hauling
services performed by the City’s preferred construction and
demolition waste hauler shall be subject to the rates and charges
established by the City.
(Ord. 542 3-18-14; Ord. 548 9-2-14)