Chapter 8.10 — MANDATORY RECYCLING

A.

Cities and counties must divert fifty percent (50%) of all solid waste by January 1, 2000, through source reduction, recycling and composting activities.

B.

Diverting fifty percent (50%) of all solid waste requires the participation of the residential, commercial, industrial, and public sectors.

C.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This chapter has been developed to meet that need.

(Ord. 360 §1(part), 2005).

The following definitions shall apply to the language contained in this chapter:

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 city for the applicable permits to undertake any construction, demolition, or renovation project within the city, unless otherwise specifically exempted by law.

B.

"Compliance official" means the city manager or his/her designee.

C.

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

D.

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

E.

"Conversation rate" means the rate set forth in the standardized Conversion Rate Table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a recycling plan.

F.

"Covered project" means all construction and renovation projects within the city, the costs of which are or are projected to be, greater than or equal to five thousand dollars ($5,000.00). The cost of the project shall be the valuation attributed to the permit issued by the building department. In addition, all demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project.

G.

"Deconstruction" means the systematic removal of usage items from a structure.

H.

"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.

I.

"Development project" means any of the following:

1.

A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five (5) or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five (5) or more living units;

Any new public facility where solid waste is collected and loaded and any improvements for areas of public facility used for collecting and loading solid waste;

3.

Any new subdivision for which a tract map or parcel map is required;

J.

"Divert" means to use material for any purpose other than disposal in a landfill.

K.

"Diversion requirement" means the diversion of at least fifty percent (50%) by weight of the total construction and demolition debris generated by a project by reuse or recycling, unless the applicant has been granted an exemption by the compliance official or his/her designee, in which case the diversion

requirement shall be the maximum feasible diversion rate established by the recycling plan compliance official for the project. Diversion includes reuse in wood construction, reuse of inert materials such as concrete, dirt, asphalt, and recycling and source reduction of any construction-related materials.

L.

"Noncovered project" means any project that does not meet the minimum requirements of a "covered project."

M.

"Project" means any activity which requires an application for a building or demolition permit or any similar permit from the city.

N.

"Recycling area (areas for recycling)" means space allocated for collecting and loading of recyclable materials.

O.

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

P.

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

Q.

"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.

R.

"Recycling plan" means a completed recycling plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

(Ord. 360 §1(part), 2005).

A.

Any new development project for which an application for a building permit is submitted on or after September 1, 1993, shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

B.

Any improvements for areas of public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

C.

Any project for which an application for a building permit is submitted on or after September 1, 1993 for modifications that meet one (1) or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading recyclable materials:

1.

Modification to the project adds thirty percent (30%) or more to the existing floor area; or

2.

The price of modification exceeds ten percent (10%) of the then current assessed value of the subject parcel.

(Ord. 360 §1(part), 2005).

A.

Areas for recycling shall be adequate in capacity, number, and distribution to serve the development where the project occurs.

B.

Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located.

C.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development should be located within the recycling areas of development projects.

D.

Recycling areas shall be screened from public view and secured to prevent theft of recyclable materials by unauthorized persons, or from unauthorized dumping of rubbish, while allowing authorized persons access for disposal materials.

E.

Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.

F.

Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development project exists.

G.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.

H.

Residential developers and property owners are encouraged to include recycling areas or systems within the residence; such as rollout drawers below the sink for recycling receptacles; fireproof, cleanable, secure chutes from the living space to the space for collecting and loading recyclable materials, etc. Recommended internal storage space for individual living units of residential development projects is three (3) cubic feet.

(Ord. 360 §1(part), 2005).

A.

Recycling areas shall not be located in any area required by the municipal code to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.

B.

Any recycling area(s) shall be located so they are at least as convenient as the location(s) where solid waste collecting and loading recyclable materials and should be adjacent to the trash collection areas.

C.

Each recycling area within a multifamily residential development shall be no greater than two hundred fifty (250) feet from each living unit.

D.

In subdivisions, recycling areas shall be located at a location approved by the planning director. Such areas shall normally be located at the end of each block.

(Ord. 360 §1(part), 2005).

Prior to submission for a building, demolition or other required permit from city, the applicant shall submit a recycling plan to the compliance official. The compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. City shall issue a permit tracking number upon approval of the recycling plan.

(Ord. 360 §1(part), 2005).

All city-sponsored construction and renovation projects within the city, the costs of which are, or are projected to be, greater than or equal to five thousand dollars ($5,000.00) shall comply with this chapter. The costs of the project shall be the valuation attributed to the permit issued by the building department. In addition, all demolition projects having a total square footage of more than one thousand (1,000) shall be a covered project. These city-sponsored covered projects shall submit a recycling plan to the compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter with the exception allowed by the compliance official or his/her designee. City shall issue a permit tracking number upon approval of the recycling plan.

(Ord. 360 §1(part), 2005).

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. Compliance for noncovered projects is encouraged, but not required.

(Ord. 360 §1(part), 2005).

A.

Recycling Plan Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan on a recycling plan form approved by the city for this purpose as part of the application packet for the building or demolition permit. The completed recycling plan shall indicate all of the following:

1.

The estimated volume or weight of project construction and demolition debris by materials type to be generated;

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

3.

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

4.

The estimated volume or weight of construction and demolition debris that will be landfilled.

B.

Calculating the Volume and Weight of Debris. In estimating the volume or weight of materials identified in the recycling plan, the applicant shall use the standardized conversion rates approved by the city for this purpose.

C.

Deconstruction. In preparing the recycling plan, applicants for building or demolition permits involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage.

(Ord. 360 §1(part), 2005).

• 8.10.100 - Review of recycling plan.

A.

Approval. Notwithstanding any other provision of this municipal code, no building or demolition permit shall be issued for any covered project unless and until the recycling plan compliance official has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the chief building official. The compliance official shall only approve a recycling plan if he or she first determines that all of the following conditions have been met:

1.

The recycling plan provides all of the information set forth in this chapter; and

2.

The recycling plan indicates that at least fifty percent (50%) by weight of all construction and demolition debris generated by the project will be diverted.

If the compliance official determines that these conditions have been met, he or she shall mark the recycling plan "Approved," return a copy of the recycling plan to the applicant, and notify the building department that the recycling plan has been approved.

B.

Nonapproval. If the compliance official determines that the recycling plan is incomplete or fails to indicate that at least fifty percent (50%) by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:

1.

Return the recycling plan to the applicant marked "Denied," including a statement of reasons, and so notify the building department; or

2.

Return the recycling plan to the applicant marked "Further Explanation Required."

C.

Conditional Approval. If the compliance official determines that the applicant has not reached the diversion requirements as specified in this chapter, the compliance official may grant approval of the covered project, if the applicant can show that all reasonable methods of diversion tasks have taken place. The compliance official may also grant approval of the covered project on mutually agreed-upon terms with the applicant.

(Ord. 360 §1(part), 2005).

A.

If the compliance official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The compliance official shall return a copy of the recycling plan to the applicant marked "Approved for Exemption" and shall notify the building department that the recycling plan has been approved.

B.

Denial of Exemption. If the compliance official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a recycling plan form in full compliance with this chapter. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with this chapter, the recycling plan compliance official shall deny the recycling plan in accordance with this chapter. The applicant will have thirty (30) days to resubmit an acceptable recycling plan to the compliance official for approval.

(Ord. 360 §1(part), 2005).

A.

Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to the compliance official documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty percent (50%) of the total

construction and demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an exemption pursuant to this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the compliance official for the project. This documentation shall include all of the following:

1.

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

2.

A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled;

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 construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition 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 city for this purpose.

C.

Determination of Compliance. The compliance official shall review the information submitted by the applicant and determine whether the applicant has complied with the diversion requirement, as follows:

1.

Full Compliance. If the compliance official determines that the applicant has fully complied with the diversion requirements applicable to the project, he or she shall approve the recycling plan and inform the building department that a certificate of occupancy can be issued.

2.

Substantial Compliance. If the compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort and is in substantial compliance with this chapter. In making this determination, the compliance official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition

debris. If the compliance official determines that the applicant has made a good faith effort to comply with this chapter and is in substantial compliance, he or she shall approve the recycling plan and inform the building department that a certificate of occupancy can be issued.

3.

Noncompliance. If the compliance official determines that the applicant is not in substantial compliance with this chapter, or if the applicant fails to submit the documentation required by this chapter, then the applicant shall pay a penalty from five hundred dollars ($500.00) to ten thousand dollars ($10,000.00) based on the size of the covered project as determined by the building department. The range of penalties may be set by resolution of the city council. If all other requirements for a certificate of occupancy are met, the compliance official will inform the building department that a certificate of occupancy can be issued upon payment of the penalty.

The compliance official has the right to monitor and inspect a project on-site to confirm compliance.

D.

Falsification of Records. If the applicant deliberately provides false or misleading data to the city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in this chapter. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.

E.

Final Approval. All conditions of this chapter shall be met prior to final approval by the building department unless otherwise stated in the contents of this chapter.

F.

Appeal. An appeal of the decision of the compliance official may be made to the city council in writing delivered to the city clerk not longer than ten (10) days after the compliance official's decision. The decision of the city council shall be final. The applicant must specifically state in the notice of appeal:

1.

The name and address of applicant and applicant's interest in the decision;

2.

The nature of the decision appealed from and/or the conditions appealed from;

3.

A clear, complete, but brief statement of the reasons why, in the opinion of the applicant, the decision or the conditions imposed were unjustified or inappropriate; and

4.

The specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

The city clerk shall not accept an appeal unless it is complete.

(Ord. 360 §1(part), 2005).

The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City of Arvin.

(Ord. 360 §1(part), 2005).