[1]
Prior ordinance history: Ord. 2165.
The purpose of the ordinance codified in this chapter is to reduce landfill waste from construction and demolition debris pursuant to the California Integrated Waste Management Act of 1989 by diverting fifty percent of its materials by December 31, 2000.
(Ord. 2192 § 1 (part), 5-24-2005)
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.
"Approved C & D facility"
means a facility for the processing of construction and demolition debris that has been approved by and has entered into a written agreement with 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.
"Construction and demolition debris"
means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.
"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 reduction and recycling plan.
"Covered project"
shall have the meaning set forth in Section 13.200.030(A) of this chapter.
"Deconstruction"
means the selective dismantling or removal of materials from buildings before or instead of demolition.
"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.
"Diversion requirement"
means the diversion of at least fifty percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an impossibility exemption pursuant to Section 13.200.080 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WRRP compliance official for the project.
"Divert"
means to use materials for any purpose other than disposal in a landfill or transformation facility.
"Noncovered project"
shall have the meaning set forth in Section 13.200.030(A) 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 materials 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 to any 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.
"Waste reduction and recycling plan (WRRP)"
means a completed WRRP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.
"WRRP compliance official"
means the director of community development or the designated staff person(s) authorized and responsible for implementing this chapter.
(Ord. 2192 § 1 (part), 5-24-2005)
A. 
Private Projects. All construction, demolition, and renovation projects within the city the total costs of which are, or are projected to be, greater than or equal to fifty thousand dollars or are one thousand square feet or greater ("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 Section 13.200.090 of this chapter.
B. 
City-Sponsored Projects. All city-sponsored construction, demolition, and renovation projects, shall be considered "covered projects" for the purposes of this chapter.
C. 
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. 2192 § 1 (part), 5-24-2005)
A. 
An applicant for a permit for a covered project may elect to comply with the requirements of this chapter by following one of the two procedures specified below:
1. 
An applicant for a permit may arrange for delivery of all construction and demolition debris to an approved C & D facility. To exercise this option, the applicant must produce a written agreement for services with the approved C & D facility concurrently with submittal of the permit application. The selection of this option will exempt the applicant from the requirement to submit a waste reduction and recycling plan, but will not eliminate the need for submittal of diversion performance security.
2. 
An applicant for a permit may submit a waste reduction and recycling plan for review and approval pursuant to Section 13.200.050, unless an exemption is granted pursuant to Section 13.200.110 of this chapter.
(Ord. 2192 § 1 (part), 5-24-2005)
A. 
WRRP Forms. Except for those applicants described in Section 13.200.040(A)(1) of this chapter, applicants for building or demolition permits involving any covered project shall complete and submit a waste reduction and recycling plan ("WRRP"), on a WRRP form approved by the city for this purpose as part of the application packet for the building or demolition permit. The completed WRRP shall indicate all of the following:
1. 
The estimated volume or weight of project C & D debris, by materials type, to be generated;
2. 
The maximum volume or 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 volume or weight of C & D materials that will be landfilled; and
5. 
Any special or specific activities that the applicant will use to comply with the provisions of this section.
B. 
City Projects. All city-sponsored projects pertaining to construction, renovation and/or demolition under the conditions in Section 13.200.030(B) of this chapter will be required to submit the WRRP form to the recycling coordinator or the designated person authorized in the data collection for AB 939 reporting. City projects are required to implement this ordinance in the detail for job specifications.
C. 
Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WRRP, the applicant shall use the standardized conversion rates approved by the city for this purpose.
D. 
Deconstruction. In preparing the WRRP, 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 landfilling.
(Ord. 2192 § 1 (part), 5-24-2005)
A. 
Approval. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the WRRP compliance official has approved the WRRP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety, the WRRP compliance official shall only approve a WRRP if he or she first determines that all of the following conditions have been met:
1. 
The WRRP provides all of the information set forth in Section 13.200.040 of this chapter; and
2. 
The WRRP indicates that at least fifty percent of all C & D debris generated by the project will be diverted.
If the WRRP compliance official determines that these three conditions have been met, he or she shall mark the WRRP "Approved," return a copy of the WRRP to the applicant, notify the building division that the WRRP has been approved, and send a copy to the recycling coordinator or the designated person authorized in the data collection for AB 939 annual reporting.
B. 
Nonapproval. If the WRRP compliance official determines that the WRRP is incomplete or fails to indicate that at least fifty percent of all C & D debris generated by the project will be reused or recycled, he or she shall either:
1. 
Return the WRRP 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 WRRP to the applicant marked "A Further Explanation Required" including a statement of reasons, and so notify the building division, which shall then immediately stop processing the building or demolition permit application.
(Ord. 2192 § 1 (part), 5-24-2005)
An applicant for a permit for a covered project must submit with the permit application a diversion performance deposit to guarantee compliance with the diversion requirements of the chapter. The deposit must be in the form of cash or a cash equivalent, such a certified check or cashier's check. The amount of the performance security for individual projects or classes of projects will be established by resolution of the city council. The WRRP compliance official may, in the exercise of reasonable discretion, reduce the deposit for a covered project if it is determined that the amount of the required deposit is not commensurate with the volume of construction and demolition debris that is expected to be generated by a covered project.
(Ord. 2192 § 1 (part), 5-24-2005)
A. 
Diversion performance deposits received will be deposited in a special account to be used only for the following purposes:
1. 
The payment of refunds of diversion performance deposits;
2. 
The payment of costs incurred in administering the activities set forth in this chapter;
3. 
The development and implementation of additional policies and programs that are approved by the city council to promote the diversion of construction and demolition debris.
(Ord. 2192 § 1 (part), 5-24-2005)
Within thirty days after the completion of any covered project, the applicant shall submit to the WRRP compliance official all weight tickets issued by the approved C & D facility, and a certification under oath that all construction and demolition debris generated was delivered to the approved C & D facility. The form of the certification will be developed by the WRRP compliance official. Upon submittal and review of the documentation by the WRRP compliance official, the diversion performance security will be refunded to the applicant. In the event of noncompliance, the city may withhold all or part of the performance security, based on the determination of the WRRP compliance official as to the extent of noncompliance.
(Ord. 2192 § 1 (part), 5-24-2005)
A. 
Documentation. Within thirty days after the completion of any covered project, the applicant shall submit to the WRRP compliance official documentation that it has met the diversion requirement for the project. The diversion requirement shall be that the applicant has diverted at least fifty percent of the total C & D debris generated by the covered project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 13.200.070 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WRRP compliance official for the project. This documentation shall include all of the following:
1. 
Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;
2. 
A copy of the previously approved WRRP for the project adding the actual volume or weight of each material diverted and landfilled;
3. 
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 the most 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 regulatory requirements for accuracy and maintenance. For C & D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by 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 WRRP compliance official shall review the information submitted under subsection (C)(2) of this section and determine whether the applicant has complied with the diversion requirement, as follows:
1. 
Full Compliance. If the WRRP compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall receive the WRRP "Approved," return a copy of the WRRP to the applicant, notify the building division that the WRRP has been approved, and send a copy to the recycling coordinator or the designated person authorized in the data collection for AB 939 annual reporting. The performance security will be refunded to the applicant.
2. 
Good Faith Effort to Comply. If the WRRP 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 WRRP 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 WRRP compliance official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall receive the WRRP "Approved," return a copy of the WRRP to the applicant, notify the building division that the WRRP has been approved, and send a copy to the recycling coordinator or the designated person authorized in the data collection for AB 939 annual reporting. The performance security will be refunded to the applicant.
3. 
Noncompliance. If the WRRP 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, the applicant will be deemed to be in violation of this chapter for failure to comply with its requirements. The city may withhold all or part of the performance security, based on the determination of the WRRP compliance official as to the extent of noncompliance.
(Ord. 2192 § 1 (part), 5-24-2005)
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 WRRP required under Section 13.200.040 of this chapter. The applicant shall indicate on the WRRP 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 WRRP Compliance Official. The WRRP 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.
C. 
Granting of Exemption. If the WRRP compliance official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WRRP submitted by the applicant. The WRRP compliance official shall return a copy of the WRRP to the applicant marked "Approved for Exemption" and shall notify the building division that the WRRP has been approved.
D. 
Denial of Exemption. If the WRRP 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 WRRP form in full compliance with Section 13.200.040 of this chapter. If the applicant fails to resubmit the WRRP, or if the resubmitted WRRP does not comply with Section 13.200.040 of this chapter, the WRRP compliance official shall deny the WRRP in accordance with Section 13.200.060 of this chapter.
(Ord. 2192 § 1 (part), 5-24-2005)
The director of community development, or his or her designee, is authorized to enforce Sections 13.200.030 through 13.200.110 of this chapter as follows:
A. 
Any violation of the provisions of this chapter, including the submittal of a false certification under Section 13.200.090 of this chapter, shall constitute as a misdemeanor and shall be punishable pursuant to Section 1.56.040 of the municipal code.
B. 
The penalties and remedies established by this chapter are not exclusive, and nothing in this chapter shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.
C. 
Enforcement pursuant to this section shall be undertaken by the city through its director of community development and/or the city attorney.
(Ord. 2192 § 1 (part), 5-24-2005)
The WRRP compliance official is authorized to enter into a written agreement with one or more construction and demolition debris processing facilities, ensuring that the facility can meet or exceed the diversion goals set forth in this chapter, as well as providing appropriate insurance and indemnification as may be recommended by the city attorney. Upon execution of such an agreement, the facility will be designated by the city as an approved C & D facility.
(Ord. 2192 § 1 (part), 5-24-2005)