Chapter 6.10
CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
Sections:
6.10.010 Findings and purpose.
6.10.030 Diversion requirement.
6.10.040 Thresholds for covered projects.
6.10.050 Waste management plan.
6.10.060 Diversion requirement exemption.
6.10.070 Performance security required.
6.10.110 Penalty for violation.
6.10.010 Findings and purpose.
The city of Cerritos hereby 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 of 1989 (California Public Resources Code Section 40000 et seq.), the city of Cerritos is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals and is required to make substantial reductions in the volume of waste materials going to the landfills, under the threat of penalties of up to ten thousand dollars per day; 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 waste from the construction and demolition of buildings represents a significant portion of the volume of waste presently coming from the city of Cerritos, and much of this waste is particularly suitable for recycling and reuse; and that the city’s commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste. (Ord. 929 § 1 (part), 2007)
6.10.020 Definitions.
The following words and phrases, for the purpose of this chapter, are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:
(1) “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 or demolition project within the city.
(2) “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
(3) “Construction and demolition (C&D) debris” means used or discarded materials removed from premises during construction of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, commercial or residential building, or other structure.
(4) “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the director of public works pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.
(5) “Covered project” shall have the meaning as set forth in Section 6.10.040.
(6) “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.
(7) “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.
(8) “Diversion requirement” means the minimum diversion as set forth in Section 6.10.030 of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 6.10.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.
(9) “Hearing officer” means the community development director of the city of Cerritos.
(10) “Non-covered project” shall have the meaning as set forth in Section 6.10.040.
(11) “Performance security” means performance bond, surety bond, cash deposit, money order, letter of credit or certificate of deposit submitted to the city pursuant to Section 6.10.070.
(12) “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the city.
(13) “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.
(14) “Reuse” means further or repeated use of C&D debris.
(15) “Salvage” means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
(16) “Waste management plan (WMP)” means a completed WMP form, approved by the city for the purpose of compliance with Section 6.10.050, submitted by the applicant for any covered or non-covered project.
(17) “WMP compliance official” means the director of public works or his or her designee. (Ord. 929 § 1 (part), 2007)
6.10.030 Diversion requirement.
The Cerritos city council shall adopt by resolution the minimum percentage of waste tonnage from construction waste and the minimum percentage of waste tonnage from demolition waste that shall be diverted from disposal. (Ord. 929 § 1 (part), 2007)
6.10.040 Thresholds for covered projects.
(1) The Cerritos city council shall establish by resolution the threshold at which a construction project is deemed a covered construction project.
(a) Covered Construction Projects. All covered construction projects within the city shall comply with this chapter, shall submit a waste management plan prior to beginning any construction or demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the enforcement mechanisms set forth in Sections 6.10.070 and 6.10.110.
(b) Non-Covered Construction Projects. Applicants for non-covered construction projects within the city are not required, but shall be encouraged, to divert the minimum percentage of waste tonnage established in Section 6.10.030.
(c) City-Sponsored Construction Projects. All city-sponsored covered construction projects shall submit a waste management plan prior to beginning any construction or demolition activities, and shall be subjected to the provisions of this chapter. City-sponsored non-covered construction projects are not required, but shall be encouraged to divert the minimum percentage of waste tonnage established in Section 6.10.030.
(2) The Cerritos city council shall establish by resolution the threshold at which a demolition project is deemed a covered demolition project.
(a) Covered Demolition Projects. All covered demolition projects within the city shall comply with this chapter, shall submit a waste management plan prior to beginning any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the enforcement mechanisms set forth in Sections 6.10.070 and 6.10.110.
(b) Non-Covered Demolition Projects. Applicants for non-covered demolition projects within the city are not required, but shall be encouraged to divert the minimum percentage of waste tonnage established in Section 6.10.030.
(c) City-Sponsored Demolition Projects. All city-sponsored covered demolition projects shall submit a waste management plan prior to beginning any demolition activities, and shall be subjected to the provisions of this chapter. City-sponsored non-covered demolition projects are not required, but shall be encouraged to divert the minimum percentage of waste tonnage established in Section 6.10.030.
(3) Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.
(4) A waste management plan and performance security shall not be required for the following:
(a) Projects in which the city’s franchise waste hauler has been contracted to perform all of the waste hauling services associated with the project.
(b) Work for which a building or demolition permit is not required.
(c) Roofing projects that do not include tear-off of existing roof.
(d) Work for which only a plumbing, only an electrical, or only a mechanical permit is required.
(e) Emergency demolition required to protect the public health and safety.
While not required, it shall be encouraged that the minimum percentage of waste tonnage established in Section 6.10.030 from non-covered projects be diverted. (Ord. 929 § 1 (part), 2007)
6.10.050 Waste management plan.
Prior to starting the project, every applicant shall submit a properly completed “waste management plan” (WMP) to the WMP compliance official, in a form as prescribed by that official, as a portion of the building or demolition permit process. The completed WMP for covered projects shall contain the following:
(1) The anticipated types of debris to be generated by the project;
(2) The estimated percentage of such debris that can feasibly be diverted via reuse or recycling by material type;
(3) The vendor(s) that the applicant proposes to use to haul the materials;
(4) Facility(ies) the materials will be hauled to, and their expected diversion rates by material type.
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 WMP, the applicant shall use the standardized conversion rates approved by the city of Cerritos for this purpose. Approval of the WMP 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 WMP shall be deemed incomplete.
(1) Approval. No building or demolition permit shall be issued for any covered project unless and until the WMP compliance official has approved the WMP. Approval shall not be required, however, where emergency demolition is required to protect public health or safety. The WMP compliance official shall only approve a WMP if he or she determines that all of the following conditions have been met:
(a) The WMP provides all of the information set forth in this section; and
(b) The WMP indicates that the minimum diversion required in Section 6.10.030 of all C&D debris generated by the project shall be diverted (or new diversion goal set in accordance with the applicant’s approved diversion exemption request).
(2) Non-Approval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that the minimum diversion required in Section 6.10.030 (or new diversion goal set in accordance with the applicant’s approved diversion exemption request) of all C&D debris generated by the project will be diverted, he or she shall either:
(a) Return the WMP 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 WMP to the applicant marked “Further Explanation Required.” (Ord. 929 § 1 (part), 2007)
6.10.060 Diversion requirement exemption.
(1) Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan (WMP) required under Section 6.10.050.
(2) Meeting with Compliance Official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss feasible ways of meeting the diversion requirement.
(3) Granting of Exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement the applicant shall be required to meet, and will inform the applicant in writing of the new requirement. The applicant shall then have fourteen calendar days to resubmit another WMP, which is in compliance with the new diversion requirement. If the applicant fails to resubmit, or if the resubmitted WMP does not comply with Section 6.10.050, the WMP compliance official shall disapprove the WMP in accordance with Section 6.10.050. (Ord. 929 § 1 (part), 2007)
6.10.070 Performance security required.
As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall submit a performance security with the WMP. The Cerritos city council shall establish by resolution the amount of the performance security. The performance security shall be returned, without interest, within thirty calendar days of submittal of final documentation as specified in Section 6.10.100.
If the compliance official determines that a lesser percentage of construction and demolition waste tonnage than required has been diverted, notification will be given to the applicant within fourteen calendar days of submittal of final documentation as specified in Section 6.10.100, and a proportionate share of the performance security shall be returned within thirty calendar days of submittal of final documentation as specified in Section 6.10.100. This proportionate share of the performance security to be returned will be calculated as the number of tons actually diverted, divided by the number of tons required to be diverted under this chapter. (Ord. 929 § 1 (part), 2007)
6.10.080 Appeal.
The applicant may appeal to the hearing officer a decision of the WMP compliance official to deny an exemption or withhold all or any portion of a performance security. Notice of appeal from the decision of the WMP compliance official must be filed with the city within fourteen calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language that particular decision or decisions in question and the reason the applicant feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the WMP compliance official and such decision(s) shall be final; otherwise the decision of the hearing officer shall be final. (Ord. 929 § 1 (part), 2007)
6.10.090 On-site practices.
During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste, and keep records of the tonnage or other measurements approved by the city that can be converted to tonnage amounts. The WMP compliance official will evaluate and may monitor each covered project to determine the percentage of waste salvaged and recycled or reused from the covered project. For covered projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.) and dimensional lumber, wallboard, concrete and corrugated cardboard. (Ord. 929 § 1 (part), 2007)
6.10.100 Reporting.
Within fourteen calendar days following the completion of the demolition phase of a covered project, and again within fourteen calendar days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the WMP compliance official that proves compliance with the requirements of Sections 6.10.030 and 6.10.050. The documentation shall consist of a final completed WMP 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 is 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.
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.
If a covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the WMP compliance official before issuance of a building permit for the construction phase of a covered project. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the WMP compliance official. Any deposit posted pursuant to Section 6.10.070 shall be forfeited if the applicant does not meet the timely reporting requirements of this section. (Ord. 929 § 1 (part), 2007)
6.10.110 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1.08.020. (Ord. 929 § 1 (part), 2007)