The purpose of this chapter is to promote the recycling of construction
and demolition debris in order to protect the public health, safety,
and welfare and to meet the city's obligations under Public Resources
Code Section 40400 et seq., and its alternative diversion debris requirement
approved by the California Integrated Waste Management Board.
(Ord. 399 § 1, 2011)
For the purposes of this chapter, the following definitions
shall apply:
"Construction"
means the building of any facility or structure, or any portion
thereof including any change, addition, alteration, or renovation
to an existing structure. This term also includes pavement overlays.
"Construction and demolition debris" or "C&D debris"
means discarded materials removed from a project site during
construction, demolition, or roofing tear-off operations. This term
includes, but is not limited to, lumber, drywall, asphalt, concrete,
brick, and metals.
"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 of weight of materials identified in a waste management
plan.
"Deconstruction"
means the process of carefully dismantling a building or
structure in order to salvage components for reuse or recycling.
"Demolition"
means the decimating, razing, ruining, tearing down, wrecking,
or removal of any facility, structure or pavement, whether in whole
or in part, including roof tear-offs, whether interior or exterior.
"Disposal"
means the act of transferring solid waste to a permitted
landfill.
"Diversion deposit"
means the moneys posted to the city by an owner for a project
to incentivize the recycling of C&D debris and land clearing debris.
"Diversion requirement"
means the minimum percentage of C&D debris and land clearing
debris for each project that must be diverted from landfills.
"Divert" or "diversion"
means to use material for any purpose other than disposal
in a landfill or transformation facility.
"Land clearing debris"
means recyclable natural materials removed from a site during
construction or demolition operations, also referred to as clearing
and grubbing, on any pavement, house, commercial building, or other
structure, in addition to C&D debris. This term includes, but
is not limited to, dirt, rock, and any other vegetative or woody land
clearing/landscaping materials.
"Large project"
means any project within the city, the total size of which
is, or is projected to be, greater than or equal to ten thousand square
feet. All phases of a project and all related projects taking place
on single or adjoining parcels, as determined by the WMP compliance
official, shall be deemed a single project.
"Owner"
means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever
that undertakes any construction or demolition project within the
city. This term also includes owner's agents and contractors.
"Project"
means any activity that produces C&D debris or land clearing
debris.
"Public project"
means any project paid for, in whole or in part, with public
funds, performed under the direction or supervision of any political
subdivision or district thereof, being constructed within the city.
Any public project is deemed a large project for purposes of implementing
this chapter.
"Putrescible"
means solid, semisolid, and liquid waste made up of organic
matter that decomposes or rots as a result of bacteria and fungi activity.
"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 does
not include transformation.
"Recycling facility"
means a recycling, composting, materials recovery, or reuse
facility that accepts C&D debris or land clearing debris.
"Reuse"
means further or repeated use of construction or demolition
waste.
"Salvage"
means to save or recover parts of a structure, such as lumber,
windows, or fixtures, by the controlled removal, or deconstruction,
of those materials for the purpose of recycling, reuse, or storage
for later recycling or reuse.
"Small project"
means any project, the total size of which is, or is projected
to be, less than ten thousand square feet. All phases of a project
and all related projects taking place on single or adjoining parcels,
as determined by the WMP compliance official, shall be deemed a single
project.
"Solid waste"
means all putrescible and nonputrescible solid, semisolid,
and liquid wastes, including, but not limited to, garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, C&D debris,
abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge
which is not hazardous waste, manure, vegetable or animal solid and
semisolid wastes, and other discarded solid and semisolid wastes.
Solid waste does not include hazardous waste, hazardous substances
or medical wastes.
"Transformation"
means incineration, pyrolysis, distillation, or biological
conversion other than composting. Transformation does not include
composting, gasification, or biomass conversion.
"Waste management plan" or "WMP"
means a written plan that documents the owner's strategy
for diverting C&D debris and land clearing debris, for any large
project. The WMP must be approved by the WMP compliance official before
work begins on the project.
"Waste management plan form Part I"
means the city-provided form on which the owner of a large
project shall provide information including, but not limited to, the
types and estimated amounts of C&D debris and land clearing debris
the project will generate and the calculated diversion level the owner
expects to achieve.
"Waste management plan form Part II"
means the city-provided form on which the owner shall provide
information including, but not limited to, documentary evidence in
a form satisfactory to the WMP compliance official to demonstrate
actual diversion and disposal amounts of all C&D debris and land
clearing debris generated by the project.
"WMP compliance official"
means the person designated by the city manager who is authorized
and responsible for implementing this chapter.
(Ord. 399 § 1, 2011)
The city council shall establish by resolution a schedule of
diversion deposits applicable to this chapter. The schedule shall
be reviewed and adjusted periodically to ensure the purposes of this
chapter are met.
(Ord. 399 § 1, 2011)
No construction or demolition activities shall be permitted
unless and until a diversion deposit has been posted with the city.
For projects subject to permits, permits shall not be issued unless
and until a diversion deposit has been posted with the city. Compliance
with the provisions of this chapter shall be listed as a condition
of permit approval.
(Ord. 399 § 1, 2011)
Diversion deposits may be made in the form of cash, check, cashier's
check, money order, debit card, or credit cards acceptable to the
city. All payments shall be in the exact amount due. Checks, cashier's
checks, and money orders shall be made payable to the "City of Lemon
Grove."
(Ord. 399 § 1, 2011)
The city shall make available to each owner a current list of
area recycling facilities.
(Ord. 399 § 1, 2011)
Any diversion deposit that is not refunded in accordance with
this chapter is deemed forfeited and becomes the property of the city.
For purposes of every diversion deposit, the relationship between
the owner and the city is that of debtor and creditor, respectively.
All interest accruing on any diversion deposit is the property
of the city, and the owner shall have no claim upon the interest.
(Ord. 399 § 1, 2011)
Forfeited diversion deposits and any accrued interest shall
be used to fund the cost of programs and activities whose purpose
is to divert recyclable waste from landfill disposal.
(Ord. 399 § 1, 2011)
For any project where a diversion deposit has not been posted with the city or the C&D debris and/or land clearing debris is not being diverted from landfill disposal, the project is deemed to be in violation of this chapter. The city may commence action or proceedings for the abatement of the violation according to Lemon Grove Municipal Code Chapter
1.24, Administrative Citations and Fines. Nothing herein prevents the city from using civil or criminal remedies for enforcement of this chapter.
(Ord. 399 § 1, 2011)
"Development services director" shall be replaced by "the WMP
compliance official." Appeals shall be limited to whether the owner
made a good faith effort to comply with the WMP, and/or whether the
amount of the deposit refunded was proper under this chapter.
(Ord. 399 § 1, 2011; Ord. 433 § 3, 2015)