Alhambra Municipal Code Ch. 20.25 Construction and Demolition Waste Management

The purpose of the ordinance codified in this chapter is to reduce landfill waste by requiring an applicant for every covered project to divert minimum rates established by the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations for construction and demolition waste resulting from that project in compliance with state and local statutory goals and policies, and to create a mechanism to secure compliance with the stated diversion requirement.

(Ord. 4798, passed 1-24-22)

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 any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

COMPLETION means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, the date the final city inspection approving the project is completed, or the date on which a permit for the project expired or that such a permit is withdrawn or cancelled. For demolition only projects, COMPLETION means the date that is 30 days after the permit was issued.

CONSTRUCTION means the building or enlargement of any structure, or any portion thereof, and includes, without limitation, alterations or improvements to an existing structure.

CONSTRUCTION AND DEMOLITION WASTE (C&D) means the excess or discarded materials, packaging, rubble, and organic waste resulting from construction, deconstruction, demolition, renovation, or similar operations on pavements, houses, commercial buildings and other structures.

CONVERSION RATE means the rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, established by the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

COVERED PROJECT means any project meeting the thresholds established by the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

DECONSTRUCT and DECONSTRUCTION mean the careful and systematic dismantling of a structure in order to salvage materials for diversion.

DEMOLITION means the razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.

DIRECTOR means the Director of the City of Alhambra Community Development Department, or his/her designee, who is hereby designated to issue a compliance order or an administrative citation to enforce this chapter pursuant to Chapter 1.13, respectively, of this code.

DIVERSION REQUIREMENT means the diversion rate requirements of the total construction and demolition waste generated by a project pursuant to the Construction Waste Reduction, Disposal and Recycling requirements of the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

DIVERT and DIVERSION means the recycling or reuse of construction and demolition waste to avoid disposal in a landfill.

PAVING means driveways, walkways, parking areas, streets and sidewalks.

PERFORMANCE SECURITY means cash, money order, certified or cashiers' check, credit card charge, performance bond, surety bond, letters of credit, or certificates of deposit, in a form acceptable to the Director of the City of Alhambra Finance Director.

PERMIT means any building or demolition permit.

PROJECT means any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that requires a permit from the City of Alhambra.

RECYCLING or REUSE means the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition waste that would otherwise be disposed of in a landfill, for use as raw material for new, reused, or reconstituted products which meet industry standards.

SELF HAULING or SELF HAUL means and refers to the hauling of green waste and solid waste (including recyclable materials and C&D materials) to a landfill, recycling facility, permitted solid waste facility or for reuse provided such hauling is undertaken through the use of the self- hauler's own equipment and employees. SELF-HAULING does not include the contracting or subcontracting of hauling services with any third party, including, but not limited to, any solid waste enterprise that is not franchised to perform any variety of solid waste handling services within the City of Alhambra.

STRUCTURE means anything constructed or erected that requires a location in the ground, or as defined by the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations, but not including a fence or a wall used as a fence, or driveways or walkways.

WASTE MANAGEMENT PLAN means an application packet approved by the Director of the City of Alhambra Community Development Department, or his/her designee, for the purpose of reviewing project compliance with the provisions of this chapter.

WASTE MANAGEMENT PLAN COMPLIANCE OFFICIAL means the Director of the City of Alhambra Community Development Department, or his/her designee.

(Ord. 4798, passed 1-24-22)

All projects by the city or by any applicant meeting the following thresholds shall be considered covered projects, shall meet the diversion requirement and shall comply with:

(A) All provisions for covered projects set forth by the most current California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations;

(B) All city public works and city public construction projects which are awarded pursuant to the competitive bidding procedure established by Article XIX of the City Charter unless otherwise exempt by another section of this code and exemption approved by the Director of Public Works.

(Ord. 4798, passed 1-24-22)

The applicant for a covered project shall divert the minimum percentage of the construction and demolition waste resulting from the project pursuant to Construction Waste Reduction, Disposal and Recycling requirements of the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

(Ord. 4798, passed 1-24-22)

The Director may adopt administrative rules and regulations consistent with provisions of this chapter and state law as needed for the purpose of carrying out and enforcing the payment, collection and remittance of the fees herein imposed, requiring performance security deposits, establishing in lieu fee or compute a noncompliance fee clarifying any of the administrative requirements of this chapter, specifying the types of diversion activities and facilities that meet the requirements of this chapter and establishing frequency and protocol of city regulatory inspections and overall compliance monitoring. Performance Security Deposit

(Ord. 4798, passed 1-24-22)

The following projects are exempt from the requirements of this chapter:

(A) A project for which a valid building permit has been lawfully issued by the city prior to the effective date of the ordinance codified in this chapter is exempt from the penalty provisions of § 20.25.160 of this chapter.

(B) A project of city public works or city public construction for which the notice inviting bids has been published pursuant to Article XIX of the City Charter prior to the effective date of the ordinance codified in this chapter.

(Ord. 4798, passed 1-24-22)

All applicants for covered projects who select to self-haul any and all construction and demolition waste shall complete and submit a waste management plan as part of the application packet for a permit issued for a covered project. The waste management plan shall be in compliance with the Construction Waste Reduction, Disposal and Recycling requirements of the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations.

The completed Waste Management Plan must be signed by the applicant and shall indicate all of the following:

(1) The site address;

(2) The names, addresses, and phone numbers of the property owner and the general contractor;

(3) The existing square footage, the proposed square footage, the percentage of increase in project size, or the square footage of the structure to be demolished;

(4) The estimated volume or weight of construction and demolition debris, by material type, to be generated on the project site;

(5) The estimated volume or weight of construction and demolition debris, by material type, to be diverted to recycling, reuse or salvage;

(6) The vendor or facility that the applicant proposes to use to collect or receive that material;

(7) The estimated volume or weight of the construction and demolition materials that will be landfilled;

(8) Certification that the minimum diversion requirement will be met;

(9) Such other data and information as may be required by the Building Official;

(10) Other information applicant believes is relevant to determining its efforts to comply with this division.

(Ord. 4798, passed 1-24-22)

Applicants for covered projects shall be exempt from completing and submitting a waste management plan for the following:

(A) Applicants who utilize the city's permitted franchise waste hauler to remove and recycle all construction and demolition waste generated by the covered project;

(B) Activities that do not qualify as projects under § 20.25.050.

(Ord. 4798, passed 1-24-22)

(A) Review. The approval may be based on imposed conditions reasonably necessary to meet the standards of this chapter.

(B) Approval. Approval of the waste management plan shall be based upon the following findings by the waste management plan compliance official.

(1) All of the information required by § 20.25.060 has been provided;

(2) The plan establishes a mechanism such that the diversion requirement shall be met.

(C) Denial. If the waste management plan compliance official denies the waste management plan, then the grounds for denial shall be clearly stated in writing.

(Ord. 4798, passed 1-24-22)

(A) The applicant for any covered project shall submit a refundable performance security to the city with the Waste Management Plan. The amount of performance security deposit will be established by a separate City Council Resolution.

(B) The amount of the performance security shall be the greater of $1,000 or 3% of the valuation of the project, not to exceed $30,000 for building permits. For demolition permits, the amount of the performance security shall be the greater of $1,000 or $1.00 per square foot, not to exceed $30,000.

(Ord. 4798, passed 1-24-22)

Final Report. At completion of a covered project, the applicant shall submit a compliance report, under penalty of perjury, to the waste management compliance official. The report shall be in compliance with and shall include all required information pursuant to the Construction Waste Reduction, Disposal and Recycling requirements of the California Green Building Standards Code, Title 24, Part 11, of the California Code of Regulations, Section 4.408.2 or Section 5.408.1.1.0.

(Ord. 4798, passed 1-24-22)

No later than 30 business days from the date a complete final report of waste management plan compliance reporting is submitted, the waste management plan compliance official, or his/her designee shall determine whether the applicant has complied with the requirements of this chapter, and the following shall occur:

(A) On a determination of compliance with the requirements of this chapter, the performance security refund to the applicant shall be processed within 30 days of determination.

(B) On a determination of noncompliance with the requirements of this chapter, the performance security shall be forfeited in total and the applicant shall be notified of the forfeiture in writing within 30 days of determination. Prosecution or other administrative proceedings may be recommended, or the responsible official may make a determination not to commence proceedings.

(1) The dates demolition and construction actually commenced;

(2) The actual volume or weight of construction and demolition debris, listed for each material;

(3) The actual volume or weight of construction and demolition debris that was diverted, listed for each material;

(4) A specification of the method used to determine the volumes and weights and a certification that the method used was the most accurate, commercially reasonable method available;

(5) Original receipts from all vendors and facilities which collected or received construction and demolition debris, indicating actual weights and volumes received by each; and

(6) Any additional information that may be required by administrative rules and regulations adopted by the director pursuant to § 20.25.040 of this chapter.

(Ord. 4798, passed 1-24-22)

Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to approving or to denying a waste management plan, or to granting or denying an application for an exception from compliance with this chapter, may appeal such decision or finding. An appeal must be filed within 15 days after receipt of notice of any protested decision or finding by filing with the Director of Community Development a letter of appeal briefly stating therein the basis for such appeal along with the appeal fee as per the building code fees schedule. A hearing shall be held on a date no more than 30 days after receipt of the letter of appeal. Appellant shall be given at least 5 days' notice of the time and place of the hearing. A Hearing Officer, appointed by the City Manager, shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the Hearing Officer shall make a final and conclusive determination. The appeal process set forth in this section does not apply to administrative citations pursuant to Chapter 1.13 or to orders to comply pursuant to § 1.13.050.

(Ord. 4798, passed 1-24-22)

It shall be unlawful and a violation of this chapter to do any of the following:

(A) To allow, cause, create, permit, or fail to comply with any provision of this chapter.

(B) To provide false or misleading information in any plan, report or document required by this chapter.

(C) To fail to meet the diversion requirement for any covered project.

(D) To fail to comply with any approved plan, report or document required by this chapter.

(Ord. 4798, passed 1-24-22)

A violation of any provision of this chapter shall be prosecuted as a misdemeanor or infraction at the discretion of the City Attorney /City Prosecutor and as further set forth in § 20.25.160 with respect to penalties and administrative proceedings.

(Ord. 4798, passed 1-24-22)

The adoption of this code and the repeal, addition or amendment of codes shall not affect the following matters:

(A) Actions and proceedings which began before the effective date of this code.

(B) Prosecution for ordinance violations committed before the effective date of this code.

(C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.

(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.

(E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.

(Ord. 4798, passed 1-24-22)

(A) General penalty; continuing violations. Notwithstanding any other provision of the Alhambra Municipal Code to the contrary, any person who causes, permits, suffers, or any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor offense punishable in accordance with Municipal Code § 1.12.010. Any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. The City Attorney/ City Prosecutor may at his or her discretion reduce a misdemeanor offense to an infraction pursuant to § 1.12.011.

(B) Violations for noncompliance with this chapter. Applicants who fail to comply with any section of this code are subject to a minimum $500 non-compliance fee or an amount equal to 10% of the permit fee for a project, whichever is greater. Any applicant issued a self-haul permit for Construction and Demolition (C&D) waste found to be in violation of this chapter, upon issuance of a first Notice of Violation, will have the self-haul permit revoked and will be required to obtain construction and demolition waste collection and recycling services from the city's franchise solid waste hauler within three days upon issuance of the Notice of Violation.

(C) Violations including aiding, abetting, and concealing. Any person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code and shall alternatively be subject to an administrative penalty/ fine imposed in accordance with the provisions of Alhambra Municipal Code Chapter 1.13.

(D) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.

(Ord. 4798, passed 1-24-22)