Chapter 8.19 — REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS FOR CERTAIN

CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE TOWN OF APPLE VALLEY[8]

Editor's note— Sec. 1, exhibit B of Ord. No. 551, adopted March 8, 2022, amended Ch. 8.19 in its entirety to read as herein set out. Former Ch. 8.19 pertained to the same subject matter and derived from Ord. No. 301, adopted October 11, 2005.

(a)

The Town finds that the State of California through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), 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.

(b)

The Town finds that every city and county in California, including the Town, could face fines up to $10,000.00 per day for not meeting the above-mandated goal.

(c)

The Town finds that construction and demolition (C&D) debris constitute a significant portion of the waste stream in the Town. These materials have significant potential for waste reduction and recycling.

(d)

The Town finds that reusing and recycling C&D debris is essential to further the Town's efforts to reduce waste and comply with AB 939 and Measure D goals.

(e)

The Town finds that the 2019 California Green Building Standards Code requires a minimum 65% diversion rate of discarded materials resulting from construction, demolition, and renovation projects.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)

The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(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 whatsoever who applies to the Town for the applicable permits to undertake any construction, demolition, or renovation project within the Town.

(b)

Construction means the building of any facility or structure, or any portion thereof, including any tenant or other substantial improvements to an existing facility or structure.

(c)

Construction and demolition debris or C&D means used or discarded materials removed from premises during construction, demolition, or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

(d)

Conversion rate means the rate set forth in the standardized conversion rate table approved by the Town pursuant to this Chapter for use in estimating the volume or weight of materials identified in a waste management plan.

(e)

Covered project shall have the meaning set forth in Section 8.19.020(a) of this Chapter.

(f)

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.

(g)

Divert means to use material for any purpose other than disposal in a landfill or transformation facility.

(h)

Diversion requirement means the diversion of at least 65% of the total construction and demolition debris generated by a project via reuse or recycling.

(i)

Project means any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the Town.

(j)

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.

(k)

Renovation means any change, addition, or modification in an existing structure.

(l)

Reuse means further or repeated use of construction or demolition debris.

(m)

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.

(n)

Waste management plan or WMP means a completed waste management plan form, approved by the Town for the purpose of compliance with this Chapter, submitted by the applicant for any covered project.

(o)

WMP compliance official means the designated staff person(s) authorized and responsible for implementing this Chapter.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)

(a)

Covered projects. All construction, demolition, and renovation projects within the Town shall comply with this Chapter, whether residential, commercial, office, or industrial in nature. 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 8.19.070 of this Chapter.

(b)

Town-sponsored projects. All Town-sponsored construction, demolition, and renovation projects shall be considered covered projects for the purposes of this Chapter, and any applicant therefor shall submit a waste management plan to the WMP compliance officer prior to beginning any construction or demolition activities, and shall further be subject to all applicable provisions 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. No. 551, § 1(Exh. B), 3-8-2022)

Compliance options. Applicants for covered projects shall select one of the following options to comply with this Chapter:

(a)

Contract for hauling services with the Town's franchise hauler and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.

(b)

Self-haul all project debris to San Bernardino County self-haul landfill diversion program and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.

(c)

Self-haul all project debris to an approved construction materials recycling facility and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.

(d)

Contract with a construction site cleanup company to recycle at least 65% of the project's C&D debris, and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)

(a)

WMP forms. Applicants for building or demolition permits involving any covered project subject to Section 8.19.020 shall complete and submit a WMP form approved by the Town for this purpose as part of the

application packet for the building or demolition permit. The completed WMP shall indicate all of the following:

(1)

The estimated volume or weight of project C&D debris to be generated; and

(2)

The estimated volume or weight of such materials that can feasibly be diverted via reuse or recycling; and

(3)

The vendor or facility that the applicant proposed to use to collect or receive that material; and

(4)

The estimated volume or weight of C&D materials that will be landfilled.

(b)

Calculating volume and weight of debris. In estimating the volume or weight of materials identified in the WMP, an applicant shall use the standardized conversion rates approved by the Town for this purpose and printed on the reverse side of the WMP.

(c)

Deconstruction. In preparing the WMP, 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. No. 551, § 1(Exh. B), 3-8-2022)

(a)

Documentation. Prior to final inspection of any covered project, the applicant shall submit to the WMP compliance official documentation proving that it has met the diversion requirement for the project. This documentation shall include all of the following:

(1)

Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of that material; and

(2)

A copy of the previously submitted WMP for the project adding the actual volume or weight of each material diverted and landfilled; and

(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 to weight, the applicant shall use the standardized conversion rates approved by the Town for this purpose.

(c)

Determination of compliance. The WMP compliance official shall review the information submitted under Subsection (a) of this Section and determine whether the applicant has complied with the diversion requirement, as follows:

(1)

Full compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, they shall notify the building department of that finding, and the applicant shall receive a full refund of the deposit within ten working days, if applicable.

(2)

Good faith effort to comply. If the WMP compliance official determines that the diversion requirement has not been achieved, they 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 WMP 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 WMP compliance official determines that the applicant has made a good faith effort to comply with this Chapter, then they shall notify the building department of that finding.

(3)

Noncompliance. If the WMP 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, then they shall notify the building department of that finding and the building permit shall fail its final inspection.

(4)

Failure to comply with this Chapter may also result in further enforcement action as defined in Section 8.19.070.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)

(a)

Any affected person may appeal a decision of the WMP compliance official to the Planning Commission.

(b)

Any affected person may appeal a decision of the Planning Commission to the Town Council in accordance with Section 2.04.100 of this Municipal Code.

(c)

Appeals shall be submitted to the WMP compliance official or their designee. Appeals shall be filed with the Town Clerk within ten consecutive calendar days following the date of action. If the last day to act fall on a holiday, a Saturday, or a Sunday, the following business day shall be deemed to be the last day to act.

(d)

Except as otherwise provided for in this Code, an action which has been appealed shall not become affective until a final determination is made by the appellate authority.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)

(a)

Violation of any provision of this Chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the Town shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this Chapter.

(b)

Violation of any provision of this Chapter shall be punishable in accordance with Chapters 1.01 and 1.08 of this Municipal Code.

(c)

Where the violation is the failure to achieve the required diversion, and the C&D materials from the project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days.

(d)

Enforcement pursuant to this Section shall be undertaken by the Town through its code enforcement division or its attorney.

(e)

In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 6 or under any other ordinance or Title of the Town of Apple Valley Municipal Code, pursuant to Government Code Section 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects at the initiation of the action or proceeding, to seek recovery of its own attorney fees.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)

(a)

The waste management plan (WMP) shall be submitted at the same time as the building permit application and shall be deemed an essential part of the application. No permit application shall be accepted by the Town without an accompanying WMP.

(b)

Any correspondence concerning the WMP shall be directed to:

WMP Compliance Official Town of Apple Valley 14955 Dale Evans Parkway Apple Valley, CA 92307

(c)

Documentation as described in Section 8.19.050(a) shall be submitted prior to receiving a final inspection for the issued permit on any covered project.

(Ord. No. 551, § 1(Exh. B), 3-8-2022)