(A) Findings and purpose.
(1) The City Council finds and determines that the city is committed to protecting the public health, safety, welfare, and environment, and that in order to meet these goals, it is necessary the city promote the public purposes served by this section and adopt the following regulations pursuant to these findings.
(2) The city finds that the state, through its California Integrated Waste Management Act of 1989, Assembly Bill 939 (AB 939, the "Act"), required that each local jurisdiction in the state divert 50% of discarded materials (base year 1990, state methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that diversion rate.
(3) The city finds that every local jurisdiction, city and county in California faces fines up to $10,000 a day for not meeting the above mandated goal.
(4) The city finds that reusing and recycling construction and demolition debris is essential to further the city's efforts to reduce waste and comply with the goals of the Act.
(5) The city finds that construction and demolition debris waste reduction and recycling have been proven to reduce the amount of material that is landfilled, has been proven to increase site and worker safety and to be cost effective.
(6) The city finds that the commitment to the reduction of waste and compliance with state law requires the establishment of programs for recycling and salvaging construction and demolition materials.
(7) The city finds that requiring demolition and construction debris 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.
(8) The city finds that, except in unusual circumstances, it is feasible and reasonable for parties who generate debris to divert and recycle construction and demolition debris from construction, demolition, and renovation projects to the maximum extent feasible.
(B) Definitions.
(1) APPLICANT. 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 and/or renovation project within the city.
(2) COMPLIANCE OFFICIAL. The City Manager or his or her designee, including an agent acting on behalf of the city, assigned to evaluate Construction and Demolition Debris Plans, monitor project progress, and determine compliance or noncompliance with this section.
(3) CONSTRUCTION. All building, landscaping, remodeling, repair, addition, removal or demolition involving the use or disposal of designated recyclable and reusable materials as defined in this section.
(4) CONSTRUCTION AND DEMOLITION DEBRIS. Includes the residual and waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements (streets, curbs, gutters, sidewalks and walkways), residential structures, commercial structures and public infrastructure improvements (dry wells, lift stations, storm water or sewer systems or channel linings) and other structures. CONSTRUCTION AND DEMOLITION DEBRIS includes, but is not limited to, the following items:
(a) Components of the building or structure or improvement 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, asphalt, heating, ventilating, and air conditioning systems and their components, lighting fixtures, appliances, equipment, furnishings, and plumbing fixtures;
(b) Tools and building materials utilized in the course of the construction work including material generated at construction trailers, such as blueprints, plans, and other similar wastes;
(c) 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
(d) Plant materials resulting from construction work when commingled with dirt, rock, or inert debris.
(5) CONSTRUCTION AND DEMOLITION DEBRIS PLAN. A plan required to be submitted by an applicant to the city for approval for the purpose of demonstrating compliance with the requirements of this section.
(6) CONTRACTOR. Any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state, or who performs (whether as CONTRACTOR, subcontractor or owner- builder) any construction, remodeling, repair and demolition operations on pavements, residential and commercial buildings and other structures in the city.
(7) COVERED PROJECT. A construction, demolition, addition, alteration, repair and remodel project within the city requiring a building or demolition permit or a landscaping project requiring a development permit or a grading project requiring a grading permit. This also includes all city public works and construction projects which are awarded pursuant to the competitive bid procedure.
(8) DEMOLITION. 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.
(9) DIVERSION. Redirection of material that would previously be disposed into the landfill. Appropriate DIVERSION methods include transfer of materials to licensed recycling facilities, approved on- site re-use techniques, and other waste minimization methods approved by the Compliance Official.
(10) EXEMPT. Projects described by the criteria outlined in division (E) that are EXEMPT from the requirements of this section.
(11) LICENSED RECYCLING FACILITY. Approved processing facility by city, county, state, or federal government.
(12) NON-COVERED PROJECTS. Projects that are not described by the definition of covered projects.
(13) RECYCLE or RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become landfilled solid waste, and returning these materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. RECYCLING does not include the transfer of rock, soil, or gravel from one location to another location within the project site.
(14) RENOVATION. Any change, addition, or modification to an existing structure.
(15) RESIDENTIAL STANDARDS. Standards that apply to the construction of residential development.
(16) REUSE. The use of a material in the same or similar form as originally produced, which material would otherwise be disposed. REUSE does not include the transfer of rock, soil, or gravel from one location to another location within the project site.
(17) SALVAGE. The controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
(18) SOLID WASTE. All putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, 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. Notwithstanding the foregoing, SOLID WASTE does not include any of the following:
(a) Hazardous waste;
(b) Materials or substances that are salvaged for reuse or recycling that are not disposed;
(c) Radioactive waste; or
(d) Medical waste.
(C) Designated recyclable and reusable materials. Recyclable and reusable materials include, but are not limited to, the following:
(1) Appliances including, but not limited to, ovens, stoves, refrigerators, freezers, water heaters, air conditioners, evaporative coolers, washers, dryers, lighting and mechanical equipment;
(2) Cardboard containers and materials;
(3) Drywall and plaster materials including drywall, gypsum, and sheetrock;
(4) Plant materials, which includes tree trimmings, grass, leaves, roots, and branches;
(5) Masonry building materials, including but not limited to, all products generally used in construction (concrete, rock, stone, stucco, brick and the like);
(6) All metals including, but not limited to, ferrous (steel, stainless steel, steel piping, roofing, and flashing) and non-ferrous (aluminum, copper, and brass);
(7) Paving materials including asphalt, brick, concrete, paver blocks and the like;
(8) Roofing materials including wood shingles as well as asphalt, stone, concrete, metal, roof tiles and slate based roofing material;
(9) Salvageable materials including, but not limited to, wallboard, door and window frames, doors, windows, plumbing or electrical fixtures, toilets, sinks, bathtubs and mechanical equipment;
(10) Wood waste includes any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted; and
(11) Any other construction and demolition debris that is non-hazardous and for which an economically feasible market exists.
(D) Diversion requirements for covered projects.
(1) Any covered project shall be subject to the provisions of this section, except for the exemptions noted in division (E) and the exceptions noted in division (I).
(2) It shall be the responsibility of the owner, the general contractor and all subcontractors to divert from the landfill a minimum of 50% of recyclable, reusable and salvageable debris to the maximum extent feasible and as required in the Construction and Demolition Debris Plan. Ongoing compliance with this section is a condition precedent to issuance of any covered projects permit. For purposes of this section, permit shall include required permits for development, building, demolition, or grading. Salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse facility for storage and later sale.
(E) Diversion requirement exemptions. The Compliance Official may determine that a covered project is exempt if one of the following criteria is met:
(1) Work for which a permit is not required;
(2) Roofing projects that do not include tear- off of existing roof or some portion thereof;
(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 installation; or
(6) Installation of pre-fabricated patio enclosures or accessories such as signs or antennas where no structural building modifications are required to complete the entire project.
(F) Construction and Demolition Debris Plan.
(1) Prior to starting the covered project, every applicant shall submit a properly completed Construction and Demolition Debris Plan to the Compliance Official, in a form as prescribed by that Official, prior to initiating the development, building, demolition, or grading permit process.
(2) It is the responsibility of the owner, contractor, or subcontractor to divert 50% of waste generated by a covered project, and to remain in compliance with the requirements of this section until termination of the Construction and Demolition Debris Plan and completion of the project.
(3) Approval of the Construction and Demolition Debris Plan as complete and accurate shall be a condition precedent to the issuance of any development, building, grading or demolition permit for the covered project.
(4) Approval of the Construction and Demolition Debris Plan shall not be required where emergency demolition is required to protect public health or safety.
(5) A Construction and Demolition Debris Plan shall be approved or denied no later than 15 business days after a completed application is made. The Compliance Official shall only approve the Construction and Demolition Debris Plan if he or she determines all of the following conditions have been met:
(a) The Construction and Demolition Debris Plan provides all of the information set forth in this section, or as otherwise prescribed in writing from time to time by the Compliance Official, under terms that conform to this section; and
(b) The Construction and Demolition Debris Plan indicates that the diversion requirements of division (D) are met in full.
(6) If the Compliance Official determines that the Construction and Demolition Debris Plan is incomplete or fails to conclusively demonstrate that the diversion requirements of division (D) will be met, he or she shall either:
(a) Return the Construction and Demolition Debris Plan to the applicant marked "Disapproved", including a written statement of reasons, and will notify the building department, which shall then immediately stop processing the development, building, grading or demolition permit application; or
(b) Return the Construction and Demolition Debris Plan to the applicant marked "Further Explanation Required," with a written statement of the nature of explanation to be submitted.
(G) Reporting.
(1) To the extent practical, as determined by the Compliance Official, all Construction and Demolition Debris, whether landfilled or diverted, shall be weighed in compliance with all regulatory requirements in effect at the time relating to accuracy and maintenance of weighing equipment. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement must be used and the volume converted to weight based on the standardized conversion rate table approved by the city for this purpose.
(2) Throughout the duration of the project, the applicant is required to submit documentation to the Compliance Official that demonstrates compliance with the diversion and reporting requirements of this section. The documentation shall consist of bi-monthly updates showing waste generated tonnage data, total tonnage, tonnage diverted, and tonnage landfilled supported by original or certified photocopies of receipts, weight tags or tickets or other records of volume or weight measurement from recycling companies, deconstruction contractors, and/or disposal companies or haulers or the landfill where disposed. Receipts and weight tags or tickets will be used to verify whether waste generated from the covered project has been recycled, reused, salvaged or landfilled. The applicant shall make all reasonable efforts to ensure that all recycled, reused, salvaged or landfilled waste is measured and recorded using the most accurate method of measurement available.
(3) If the applicant fails to complete this requirement, the Compliance Official shall:
(a) Notify the applicant in writing that the covered project does not comply with the terms of this article and has ten days to submit the required report(s); and
(b) Declare the covered project as noncompliant and issue or cause to be issued a stop work order for the covered project.
(H) On-site practices. To the maximum extent feasible, waste generated from a covered project shall be separated on-site. For construction and/or demolition projects, on-site separation shall include salvageable materials (appliances, fixtures, plumbing, metals, and the like) and dimensional lumber, wallboard, concrete and corrugated cardboard.
(I) Exception procedure.
(1) Prior to commencing demolition or construction, an applicant wishing relief may seek an exception, partial or complete, from the requirements of this section through the process described in this division. This division is supplemental to division (E) insofar as it exempts the applicant from compliance with division (D) under appropriate circumstances. However, the exception procedure involves the exercise of discretion by the Compliance Official for projects that would otherwise, from their nature and size, fall within the requirements of this section.
(2) This exception process shall be initiated by the filing of an exception application with the Compliance Official. The Compliance Official shall determine the completeness of the exception application within five business days of the filing of the application.
(3) Following consideration of the exception application, the Compliance Official shall either make the required findings and take action on the application or shall state why the findings cannot be made and deny the application. A decision on the application shall be rendered within ten business days following determination the application is complete.
(4) 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 section is not the primary reason for granting the exception.
(J) Appeal.
(1) An applicant may appeal any of the following determinations of the Compliance Official by filing a complete and proper appeal with the Compliance Official pursuant to this section:
(a) That the applicant has failed to remain in compliance with the diversion requirements of division (D);
(b) That the applicant has failed to remain in compliance with the reporting requirements of division (G);
(c) That the applicant has failed to remain in compliance with the Construction and Demolition Debris Plan as required by division (F);
(d) That the applicant has failed to remain in compliance with on-site practices under division (H);
(e) Denial of an exemption under division (E); and
(f) Denial of an exception under division (I).
(2) All appeals filed pursuant to this section shall be in writing and shall contain the following information:
(a) Name(s) of each appellant and their legal or equitable interest in the appeal;
(b) A brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant;
(c) A brief statement in ordinary and concise language of the relief sought and the reasons why the Compliance Official's determination should be reversed, modified or otherwise set aside; and
(d) The signatures of all parties named as appellants and their official mailing addresses.
(3) A complete and proper appeal as described in this section shall be filed with the Compliance Official within ten business days from the date of completion of service of the Compliance Official's written determination. Notice that is personally served is deemed completed at the time of such personal service. Notice that is served by mail is deemed completed on the date said notice is deposited in the mail. Any appeal not timely filed shall be rejected.
(4) A filing fee as established by City Council resolution or any amendments thereto for an appeal filed pursuant to this section must be paid to the city at or prior to the time of the filing of such appeal. Any appeal filed without payment of the filing fee shall be deemed incomplete.
(5) Not later than five business days from the date the appeal is filed, the Compliance Official or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the Compliance Official or his or her designee shall immediately mail to the appellant a notice of incomplete filing that shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five business days from the date the appeal is filed, the 10-day time period within which to file a completed appeal shall not be extended.
(6) Failure to timely and properly file an appeal pursuant to this section shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the Compliance Official's determination, which shall be deemed final on the date that service of the notice of said determination is deemed completed pursuant to this section.
(7) Timely and properly filed appeals shall be conducted before an administrative hearing officer in accordance with the provisions of Chapter 151 of this Code.
(8) Enforcement of the appealed determination shall be stayed during the pendency of a timely and properly filed appeal conducted pursuant to this section.
(K) Public nuisance. A violation of this section by any person responsible for committing, causing or maintaining such violation, shall constitute a public nuisance which shall be subject to the provisions of Chapter 95A, including but not limited to the imposition of any and all administrative fines and the provisions of any other applicable regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction.
(L) Violation. A violation of this section by any person responsible for committing, causing or maintaining such a violation shall constitute a misdemeanor, punishable by a fine not to exceed $1,000, or by incarceration in the county jail for a period not to exceed six months, or by both such a fine and such incarceration, or alternatively as an infraction violation, within the discretion of the City Attorney. Each such violation shall also be subject to the provisions set forth in Chapter 95A, including but not limited to the imposition of any and all criminal penalties set forth therein. Each day upon which any continuing violation of this chapter takes place or exists shall represent grounds for a separate criminal charge.
(M) Civil fines. Any person convicted of an infraction shall, for each are violation of this section, be subject to:
(1) A fine in an amount not to exceed $250 for a first conviction of an offense;
(2) A fine in an amount not to exceed $500 for a second conviction of the same offense within a 12-month period of the date of the first offense; and
(3) A fine in an amount not to exceed $750 for the third conviction of the same offense within a 12-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12-month period of the date of the first offense shall be $1,000.
(N) Modification, suspension and/or revocation of validly issued permit and/or license. A violation of this section by the holder of any city permit and/or city license validly pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 95A.
(O) Additional penalties.
(1) Nothing in this section shall preclude the city from pursuing the remedies provided by Chapter 95A, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of a stop work order and injunctive relief.
(2) In addition to the above, failure to correct any condition indicated in a notice of violation will permit the city to initiate one or more of the following actions where appropriate:
(a) A stop work order under the provisions of division (G) herein;
(b) Refusal to issue future permits until applicant has adequately demonstrated compliance with the notice of violation; and
(c) Immediate stop to the processing of all pending development, building, grading, or demolition permits until applicant has adequately demonstrated compliance with the notice of violation.
(Ord. 1501, passed 6-20-07)