Chapter 8.09
DIVERSION REQUIREMENTS FOR CONSTRUCTION AND DEMOLITION PROJECTS
Sections:
8.09.030 Recyclable and reusable construction and demolition debris.
8.09.040 Minimum construction and demolition debris diversion requirements.
8.09.050 Compliance requirements per project type.
8.09.070 Pre-project recycling plan (“PPRP”).
8.09.080 Approved recycling facilities.
8.09.090 Collection and hauling options.
8.09.120 Diversion security deposit.
8.09.140 Post-project compliance report.
8.09.150 City’s right to monitor and inspect.
8.09.160 Refund of diversion security deposit.
8.09.170 Forfeiture and city use of diversion security deposit.
8.09.180 Appeal – Construction and demolition debris diversion requirements.
8.09.190 Enforcement of this chapter.
Prior legislation: Ords. 00-1862, 09-1975 and 11-2000.
8.09.010 Definitions.
Defined terms in this chapter shall have the meanings ascribed to them in Chapter 8.08 CMC, unless otherwise indicated. In addition, the following terms shall have the following meanings, unless otherwise indicated:
A. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity or person who applies to the city for the applicable permits to undertake any construction, demolition, grading, renovation, or similar operation on a project within the city.
B. “Construction and demolition debris” means any combination of inert building material and solid waste material resulting from building, construction, alteration, remodeling, repair, or demolition operations on pavements or on any residential or commercial buildings or other structures, including asphalt, brick, stone, cement, land clearing, lumber, plaster, carpeting, drywall, plastic pipe, steel, roofing, packaging, and rubble.
C. “Covered project” means all construction, demolition, addition, alteration, and remodeling projects within the city which require a building, demolition, grading, or similar permit, and which are not otherwise exempt by CMC 8.09.130 or any other provision of this chapter.
D. “Demolition” means the destroying, razing, tearing down, or wrecking of any pavement, building, or other structure or improvement regardless of the nature of such structure or improvement whether in whole or in part, whether interior or exterior.
E. “Director” means the director of public works or his/her designee.
F. “Disposal” means the ultimate disposition of solid waste collected at a landfill or otherwise, in full regulatory compliance.
G. “Divert/diversion” means to divert from disposal facilities or transformation facilities through source reduction, recycling, reuse, or composting.
H. “Green waste” means leaves, plants, grass clippings, tree trimmings, brush, tree and bush trunks, branches, and other forms of organic waste generated from landscapes and gardens, which are not hazardous waste.
I. “Hazardous waste” means any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be hazardous as that term is defined or pursuant to federal or state law, including, but not limited to, flammable waste, liquid waste, sewage sludge, waste from pollution control processes, contaminated soil, explosive substances, poisonous chemicals, solvents, radioactive materials, infectious waste, and medical waste.
J. “Inert building material” means concrete (including fiberglass or steel reinforcing bar embedded in the concrete), asphalt, gravel, sand, stone, crushed glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay, and clay products. Inert building materials are materials that do not undergo biological, chemical, physical, or radiological transformation.
K. “Land clearing and excavating debris” means trees, stumps, rocks, associated vegetation and soils resulting primarily from land clearing and excavating activities.
L. “Pre-project recycling plan” or “PPRP” shall mean the plan described in CMC 8.09.070.
M. “Recyclable materials” means solid waste that is source separated, has some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling.
N. “Recycling” means the process of separating for collecting, sorting, cleaning, treating, and/or reconstituting recyclable materials which would otherwise be discarded as solid waste, and returning them to the economic mainstream in the form of materials for new, reused, or reconstituted products. The collection, transportation, or disposal of solid waste not intended for, or capable of, reuse is not recycling, and recycling does not include the use of solid waste for conversion to energy.
O. “Reuse” means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.
P. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purposes of reuse, storage for later reuse, sale, or donation.
Q. “Solid waste” means solid waste as defined under Public Resources Code Section 40191, including all changes through amendments thereto.
R. “Universal waste” means electronic devices, fluorescent lamps, batteries, instruments containing mercury, CRTs (glass picture tubes removed from items such as televisions and computer monitors), CRT glass, and nonempty aerosol cans. (Ord. 18-03 § 1, 2018.)
8.09.020 Purpose.
The purpose of this chapter is to promote the recycling of construction and demolition debris which is recyclable and reusable, as defined in CMC 8.09.030, to protect the public health, safety, and welfare and to meet the city’s obligations under state law, including the Acts. (Ord. 18-03 § 1, 2018.)
8.09.030 Recyclable and reusable construction and demolition debris.
For the purposes of this chapter, the following construction and demolition debris is determined to be recyclable and reusable:
A. Masonry building materials and similar products generally used in construction including, but not limited to, asphalt, concrete, rock, stone, and brick.
B. Wood materials including all dimensional lumber, fencing, or construction wood that has not been chemically treated, creosoted, CCA pressure treated, contaminated, or painted.
C. Plant materials including trees, tree parts, shrubs, stumps, logs, brush, or any other type of plant or green waste that is cleared from a site for construction or other purpose.
D. Land clearing and excavating debris including vegetation, rocks, and soils.
E. Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes, and fences.
F. Roofing materials, including wood shingles, asphalt, stone, tile, and slate-based roofing materials.
G. Other salvageable materials including, but not limited to, wallboard, doors, windows, fixtures, sinks, bath tubs, and appliances.
H. Any other construction or demolition debris that is nonhazardous and available for recycling or reuse, as may be identified on the building plans approved by the city. (Ord. 18-03 § 1, 2018.)
8.09.040 Minimum construction and demolition debris diversion requirements.
A. All covered projects shall reuse, recycle, or divert from landfills or disposal sites at least 75 percent, or the state-mandated construction and demolition diversion percentage, whichever is greater, of all construction and demolition debris, unless a lower rate is approved by the city as a part of the project’s pre-project recycling plan (“PPRP”) required pursuant to CMC 8.09.070.
B. Diversion may be satisfied by any of the following methods:
1. Documented on-site or off-site reuse of the construction and demolition debris.
2. Documented delivery of construction and demolition debris to an approved recycling facility.
3. Documented delivery of salvaged materials to a donation center.
4. Other methods as approved by the city.
C. For nonresidential projects, 100 percent of trees, stumps, rocks, and associated vegetation and soils resulting from land clearing shall be reused or recycled.
D. All hazardous waste and universal waste removed from any project site must be properly disposed of and diverted from landfills. (Ord. 18-03 § 1, 2018.)
8.09.050 Compliance requirements per project type.
A. Covered Projects Generally.
1. A covered project must meet all requirements for covered projects set forth in this chapter.
2. All covered projects shall, at a minimum, divert from landfills the amount of construction and demolition debris mandated by CMC 8.09.040. Demolition followed by construction on the same site, which requires separate permits, shall be considered two separate projects. Otherwise, concurrent permits for the same site are considered one project for the purposes of this chapter.
3. Applicants for a covered project must submit to the city a pre-project recycling plan (CMC 8.09.070), an administrative fee (CMC 8.09.110), and a diversion security deposit (CMC 8.09.120) prior to beginning any construction, remodeling, or demolition activities.
4. If a project involves both demolition and construction and the applicant has not met the diversion requirement for demolition, the director may, in addition to other remedies set forth in this chapter, require a higher percentage of diversion for construction than that amount required by CMC 8.09.040; provided, that the higher percentage is no higher than the shortfall in diversion from demolition.
B. City-Sponsored Projects. Unless specifically exempted by the city, all city-sponsored construction and demolition projects shall be subject to the requirements of this chapter, except that the city shall be exempt from paying an administrative fee and diversion security deposit. The city may exempt any city-sponsored project, including any project of the Covina housing authority, from the requirements of this chapter. Nevertheless, the city may require alternative diversion requirements for any city-sponsored project that has otherwise been exempted from the requirements of this chapter.
C. All Other Projects. All construction, demolition, addition, alteration, and remodel projects within the city that are below the thresholds for covered projects set forth in this section, or which are otherwise excluded by the city from complying with this chapter, are nevertheless encouraged to divert the minimum amount of construction and demolition debris described in CMC 8.09.040. (Ord. 18-03 § 1, 2018.)
8.09.060 Permit requirements.
A. All permits for construction, remodeling, grading, and/or demolition issued for a covered project shall be conditioned upon compliance with this chapter.
B. Failure to comply with any of the terms of this chapter shall subject the building/demolition permit applicant, or any party who was obligated to obtain a permit but failed to do so, to penalties as described in this chapter. (Ord. 18-03 § 1, 2018.)
8.09.070 Pre-project recycling plan (“PPRP”).
A. Except as otherwise specified in this chapter, each applicant who applies for a building, demolition, or grading permit for a covered project shall submit a pre-project recycling plan (“PPRP”) on a form to be provided by the city concurrent with his/her application for a building, demolition, or grading permit. No permit shall be issued for a covered project until a PPRP has been approved by the director.
B. To be deemed complete, a PPRP must contain the following information:
1. The estimated volume or weight of project waste to be generated identified by material type.
2. The estimated volume or weight of each type of material that is intended to be diverted via recycling.
3. The estimated volume or weight of each type of material that is intended to be reused on site or off site.
4. The estimated volume or weight of each type of material that is intended to be salvaged and later offered for donation or sale.
5. The estimated volume or weight of construction and demolition debris that is intended to be disposed of per material type.
6. The facility(ies) that each type of material will be hauled to and the entity that will haul the material.
7. Verification that hazardous waste and universal waste removed from a project site shall be properly disposed of and diverted from landfills.
8. The projected feasible diversion rate, based on the foregoing information.
C. Because actual material volumes/weights are not available at this stage, estimates may be used. In estimating the volume or weight of materials identified in the PPRP, each applicant shall use industry standard conversion rates for this purpose. If the projected feasible diversion rate described in the PPRP does not meet the diversion goal, the applicant must submit additional information to the city which identifies the specific reasons for the diversion shortfall and supports a request for approval of a lower diversion rate. If this documentation is not included, the PPRP shall be deemed incomplete.
D. Approval. No building, demolition, or grading permit shall be issued for any covered project unless and until the director has approved the PPRP. A PPRP shall not be required, however, where emergency demolition is required to protect public health or safety. The director shall only approve a PPRP if it is determined that all of the following conditions have been met:
1. The PPRP provides all of the information required by this chapter.
2. The PPRP indicates how the specified percent of construction and demolition debris generated by the project will be diverted, or that an alternate diversion goal has been approved.
3. The applicant has submitted the appropriate administrative fee.
4. The applicant has submitted the appropriate diversion security deposit.
E. Nonapproval. If the director determines that the PPRP is incomplete or fails to indicate how, at minimum, the requirements set forth in CMC 8.09.040 or the alternative approved diversion goal will be achieved, the PPRP shall be returned to the applicant indicating either:
1. “Further Explanation Needed” with a statement of the type of additional information needed; or
2. “Disapproved” with a statement of reasons for the disapproval.
When a PPRP has been disapproved, the director shall notify the building division to immediately stop processing the building, demolition, or grading permit application.
F. Time Frame for Review. The director will review the PPRP and advise the applicant within five business days of receipt of the PPRP of the city’s decision regarding approval or nonapproval. (Ord. 18-03 § 1, 2018.)
8.09.080 Approved recycling facilities.
The city shall maintain a listing of recycling facilities that have the capability to divert the percentage of construction and demolition debris required by the city. Applicants that elect to self-haul as described in CMC 8.09.090(C) may deliver material only to those facilities included on the city’s listing of approved recycling facilities. Applicants may make a request to the city to utilize an alternative recycling facility; the decision to authorize or deny the request shall be in the sole discretion of the director. (Ord. 18-03 § 1, 2018.)
8.09.090 Collection and hauling options.
A. Collection Generally. An applicant must obtain collection service from the city’s franchised waste hauler for the collection of construction and demolition debris, except as otherwise provided in this section. No person shall collect, remove, transfer, or dispose of any construction and demolition debris from any premises within the city, unless that person holds a franchise from the city for such collection, except as otherwise provided in this section.
B. On-Site Pickup of Recyclable and Reusable Materials. An applicant may allow the third party collection of source-separated recyclable and reusable construction and demolition debris, provided such service is rendered free of charge or is otherwise rendered in a manner that results in a net payment to the applicant, not the person rendering the service.
C. Self-Haul of Recyclable and Reusable Materials. An applicant may utilize his/her own vehicles to remove recyclable and reusable construction and demolition debris from a project site; provided, that such recyclable material is delivered to an approved recycling facility as described in CMC 8.09.080.
D. Donation/Sale of Recyclable Materials. An applicant may donate or sell source-separated recyclable materials and/or salvaged materials to a third party. Such material may be picked up from the project site by the third party or delivered by the applicant. Any pickup service must be rendered free of charge or otherwise rendered in a manner that results in a net payment to the applicant, not the person rendering the service.
E. Off-Site Reuse. An applicant may deliver reusable materials to a separate project site for the purpose of reuse. An applicant may also deliver reusable materials to a temporary off-site storage location for later reuse. All such delivery and reuse must be in compliance with applicable laws. (Ord. 18-03 § 1, 2018.)
8.09.100 Deconstruction.
Applicants for all demolition projects are encouraged to perform deconstruction, prior to demolition, and make materials available for salvage and reuse through sale or donation, in addition to other recycling methods. Applicants are encouraged to recover the maximum feasible amount of salvageable and reusable materials prior to demolition. Salvaged and reusable material from every project shall be counted toward meeting the diversion requirement. Salvaged and reusable materials may be given away or sold on the premises, taken to reuse facilities, or stored by the applicant for future reuse. Receipts from recipients shall be obtained for material given away, as well as for items sold. (Ord. 18-03 § 1, 2018.)
8.09.110 Administrative fee.
As a part of any application for, and prior to the issuance of, any building, demolition, or grading permit that involves the creation of construction or demolition debris, every applicant for a covered project, unless exempt, shall pay the city an administrative fee which will compensate the city for all expenses incurred in reviewing the applicant’s PPRP and post-project compliance report, and confirming performance of the diversion plan. The amount of such fee shall be established by a resolution of the city council and may be modified from time to time. This fee is nonrefundable and will not be returned in the event a permit is canceled. (Ord. 18-03 § 1, 2018.)
8.09.120 Diversion security deposit.
Each applicant for a permit for a covered project shall concurrently remit a refundable diversion security deposit in the amount equal to three percent of the estimated project value up to the first $100,000, two percent of the next $400,000, one percent of the next $500,000, and one-quarter of a percent for any amount over $1,000,000. The diversion security deposit may not exceed $30,000. The diversion security deposit may be paid via cash, cashier’s check, credit card, personal check, or money order.
The diversion security deposit will be refunded to the applicant as described in CMC 8.09.160 upon confirmation that the diversion requirements set forth in this chapter have been achieved. (Ord. 18-03 § 1, 2018.)
8.09.130 Exempt projects.
A. The following are not “covered projects” and are exempt from the requirements of this chapter:
1. Residential alterations that do not increase the building’s footprint area, volume, or size.
2. Work which only requires a plumbing, electrical, or mechanical permit.
3. A seismic tie-down project.
4. The installation of new fencing, walls, or gates, but not replacement of an existing fence, wall, or gate.
5. The installation of pre-fabricated patio enclosures and covers when no foundation or other structural building modifications are required.
6. The installation of pre-fabricated accessories, such as signs or antennas, which do not require structural building modifications.
7. City-sponsored projects that have been specifically exempted by the city.
8. Emergency demolition which is necessary to protect the public health and safety.
9. Projects not generating construction and demolition debris, as determined by the director. (Ord. 18-03 § 1, 2018.)
8.09.140 Post-project compliance report.
A. Within 90 calendar days following the completion of a covered project, the applicant shall, as a condition precedent to release of its diversion security deposit, submit to the director documentation of its compliance with this chapter. Necessary documentation includes a final completed post-project compliance report which lists the actual tonnage of materials removed, recycled, and diverted, supported by receipts and weight tickets or other records of measurement from recycling facilities, disposal facilities, materials recovery facilities, and salvage companies. Receipts and weight tickets shall be used to verify whether materials generated from the site have been recycled, reused, salvaged, or otherwise disposed of.
B. Time Frame for Review. The director will review the post-project compliance report and advise the applicant within seven business days of receipt of the post-project compliance report of the city’s decision regarding approval or nonapproval. (Ord. 18-03 § 1, 2018.)
8.09.150 City’s right to monitor and inspect.
The city shall have the right to inspect all covered projects to determine levels of actual diversion activities and validate the information contained in the PPRP and the post-project compliance report. Upon request by the city, the applicant shall provide documentation relating to the disposal of construction and demolition debris for a covered project. (Ord. 18-03 § 1, 2018.)
8.09.160 Refund of diversion security deposit.
A. The director may authorize the full refund of a diversion security deposit when the applicant has satisfactorily submitted a post-project compliance report pursuant to CMC 8.09.140, and the director has verified that the minimum diversion requirements have been met.
B. If the director determines that the diversion requirement for a specific project has not been achieved, he/she shall determine, on a case-by-case basis, whether the applicant has made a good faith effort to comply with this chapter. In the director’s sole discretion, the director may authorize a partial to full refund of a diversion security deposit when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the diversion security deposit that is in the same ratio as the demonstrated amount of diverted waste. For example, if the director determines that a good faith effort has been achieved, however, 60 percent diversion is reached as compared to the 75 percent diversion requirement, then 80 percent (60/75) of the diversion security deposit may be returned to the applicant.
C. The director may authorize the refund of a diversion security deposit which was erroneously paid or collected, or any portion of a diversion security deposit erroneously given in excess of the required amount.
D. The director may authorize the full refund of a diversion security deposit when a permit application is withdrawn or canceled before any work has begun.
E. Any diversion security deposit, or portion thereof, that is returned will be returned without interest, within 30 calendar days after authorization is issued by the director.
F. When a diversion security deposit has been forfeited as the result of an expired permit, if new permits are issued for the completion of the same project within one year of the prior permit’s expiration, the permittee may request that the forfeited diversion security deposit be applied to the new permit if the permittee has retained all documentation of recycling and disposal for the entire project. Upon receipt of such a request, the decision to authorize or deny this request shall be in the sole discretion of the director. (Ord. 18-03 § 1, 2018.)
8.09.170 Forfeiture and city use of diversion security deposit.
A. If the director determines that an applicant has not made a good faith effort to comply with this chapter, or if an applicant fails to submit the documentation required by CMC 8.09.140 within the required 90-day period, the full diversion security deposit shall be forfeited.
B. Forfeited diversion security deposits shall be used by the city for solid waste and recycling related purposes including, but not limited to:
1. Planning, implementing, or promoting solid waste diversion programs.
2. Developing or improving the infrastructure needed to divert waste from landfills.
3. Educating generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives.
4. Reviewing the accuracy of solid waste collector’s reports, PPRPs, post-project compliance reports, and other solid waste records. (Ord. 18-03 § 1, 2018.)
8.09.180 Appeal – Construction and demolition debris diversion requirements.
An applicant may appeal to the city manager a decision of the director to deny an exemption or withhold all or any portion of a diversion security deposit. Notice of appeal must be filed with the city manager’s office within 10 calendar days of the date of the director’s decision. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reason why the applicant feels aggrieved thereby. A decision regarding the appeal will be made by the city manager within 30 calendar days, and the decision will be final. Failure to file a notice of appeal within the time prescribed herein constitutes a waiver of any objection to the decision of the director and such decision shall be final. (Ord. 18-03 § 1, 2018.)
8.09.190 Enforcement of this chapter.
A. The violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall constitute a misdemeanor, which is punishable in accordance with Chapter 1.16 CMC.
B. In addition to the penalties herein, if violations of the provisions of this chapter exist in connection with a covered project requiring completion of a PPRP, the city may use various administrative measures to ensure compliance, including, but not limited to:
1. Withholding a permit or a certificate of occupancy for a project until all violations have been corrected.
2. Issuing a stop work notice until all violations have been corrected.
3. Stopping all inspections for the project until all violations have been corrected.
4. Applying any other civil or criminal penalties or liabilities recommended by the city attorney. (Ord. 18-03 § 1, 2018.)