Chapter 53 — CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Cal. Pub. Res. Code, §§ 40000, Chapter 2, Part 1, Division 30 et seq., and the regulations of the California Integrated Waste Management Board, if defined therein, and if not, to the definitions found in the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901, et seq. and the regulations implementing RCRA, as they may be amended from time to time.

APPLICANT. Any person, 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. An APPLICANT must comply with this chapter.

CITY-SPONSORED PROJECT. A project constructed by the city or a project receiving 50% or more of its financing from the city.

CONSTRUCTION. The building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. Construction does not include a project limited to interior plumbing work, interior electrical work or interior mechanical work.

CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT or DIVERSION SECURITY

DEPOSIT. Any performance bonds, surety bond, money order, letter of credit, cash, certified check or certificate of deposit in a form acceptable to the city, submitted to the city as pursuant to § 53.04.

CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN or C&DMMP . A completed

C&DMMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

CONSTRUCTION AND DEMOLITION WASTES OR MATERIALS or C&D WASTES OR MATERIALS. Waste

building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures.

CONVERSION RATE. 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 Construction and Demolition Materials Management Plan.

COVERED PROJECT. All projects which require a permit pursuant to Chapter 150 of this Code, unless exempted

by § 53.14(B).

DECONSTRUCTION. A process to dismantle or remove useable materials from structures, in a manner that maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported for disposal in landfills and transformation facilities.

DEMOLITION. The destruction, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

DIVERSION REQUIREMENT. The diversion of at least 50% of the total construction and demolition materials

generated by a covered project by reuse or recycling, unless the applicant has been granted an exemption pursuant to § 53.14. If the applicant has been granted an exemption, the diversion requirement shall be the maximum feasible diversion rate established by the Environmental Compliance Official for the project.

DIVERT or DIVERSION. The activities, which reduce or eliminate the amount of C&D material from disposal in a landfill or transformation facility.

ENVIRONMENTAL COMPLIANCE OFFICIAL. The designee of the Director of Public Works. EXEMPT PROJECT shall have the meaning set forth in § 53.14(B).

FEASIBLE shall have the meaning ascribed by Cal. Pub. Res. Code § 21061.1, as it, from time to time, may be amended.

PROJECT. Any activity, for which a permit for building, demolition, parking area construction or other permit is required. See also COVERED PROJECT .

RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be solid waste, and the return of those materials to the economic mainstream in the form of materials which meet the quality standards necessary to be used in the marketplace for new, reused, or reconstituted products. RENOVATION. Any change, addition, or modification in an existing structure that requires a building permit or demolition permit but does not include a project limited to interior plumbing work, electrical work or mechanical work.

REUSE. Further or repeated use of construction or demolition materials.

SALVAGE. The controlled removal of construction or demolition materials from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (Ord. 1214, passed 10-15-03)

(A) Covered projects. Except as otherwise provided in this Code, each applicant for a permit required by Chapter 150 of the Baldwin Park Municipal Code shall also complete and submit a Construction and Demolition Materials Management Plan (C&DMMP), unless the project is an exempt project, as defined below. On and after September 1, 2003 no building or demolition permit shall be issued by the Building Official unless the applicant for a construction or demolition permit for a covered project has submitted to the Building Official a Construction and Demolition Materials Management Plan approved by the City’s Environmental Compliance Official pursuant to § 53.12.

(B) City-sponsored projects. Except as provided herein, all city-sponsored construction, demolition, and renovation projects shall be considered “covered projects” and shall be subject to all applicable provisions of this chapter. Prior to the start of any city-sponsored construction or demolition activities, a Construction and Demolition Materials Management Plan shall be prepared by the contractor. The city is not required to submit a diversion security deposit for city-sponsored covered projects. City-sponsored demolition or construction required to protect public health or safety in an emergency, as defined in Cal. Pub. Res. Code § 21060.3, as it, from time to time, may be amended, is not a covered project.

(C) Compliance as a condition of approval. Compliance with the provisions of this chapter shall be included as a condition of approval on any building or demolition permit issued for a covered project. (Ord. 1214, passed 10-15-03)

MATERIALS MANAGEMENT PLAN

(A) Plan contents. Each applicant for a permit for any covered project shall complete and submit a Construction and Demolition Materials Management Plan (C&DMMP), on a C&DMMP form approved by the city for this purpose

with any application for the building or demolition permit for a covered project. The completed C&DMMP shall indicate all of the following:

• (1) The estimated volume or weight of the project C&D material, by material type, to be generated;

• (2) The maximum volume or weight of C&D materials that is feasible to divert;

• (3) The vendor or facility where the applicant proposes to use to collect, divert, market, reuse or receive that material; and

(4) The estimated volume or weight of residual C&D materials that would be transported for disposal in a landfill or transformation facility.

(B) Calculating volume and weight of material. In estimating the volume or weight of materials identified in the C&DMMP, the applicant shall use the standardized conversion rates approved by the city of this purpose.

(C) Deconstruction. In preparing the C&DMMP, 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 being transported for disposal in a landfill or transformation facility. Deconstruction can be used to meet the 50% diversion requirement provided it is accounted for in the C&DMMP.

(Ord. 1214, passed 10-15-03)

Except as set forth in division (C) below, each applicant for a permit for a covered project shall submit, along with the C&DMMP, a diversion security deposit in accordance with the following:

(A) For a covered project with a valuation of $10,000 to $200,000, the amount of the diversion security deposit shall be equal to 0.5% of the total project valuation, but not less than $250.

(B) For a covered project with a valuation of greater than $200,000, the amount of the diversion security deposit shall be equal to 3% of the total project valuation.

(C) For city projects, no deposit shall be required, but the contractor must show evidence of compliance and adherence to the C&DMMP prior to receiving payment of the final retention amount for the project.

(Ord. 1214, passed 10-15-03; Am. Ord. 1288, passed 8-2-06; Am. Ord. 1357, passed 3-20-13)

(A) Approval. Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless and until the Environmental Compliance Official has reviewed the C&DMMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as deemed so by the City Building Official. The Environmental Compliance Official shall only approve a C&DMMP if he or she determines that all of the following conditions have been met:

• (1) The C&DMMP provides all of the information set forth in § 53.10(A);

• (2) The C&DMMP indicates that at least 50% of all C&D materials generated by the project will be diverted, or an exemption has been approved pursuant to § 53.14(D); and

• (3) The applicant has submitted an appropriate diversion security deposit in compliance with § 53.11.

(4) If the Environmental Compliance Official determines that these three conditions have been met, they shall mark the C&DMMP “approved,” return a copy of the C&DMMP to the applicant, and notify the Building Official and the Environmental Services Division that the C&DMMP has been approved.

(B) Nonapproval. If the Environmental Compliance Official determines that the C&DMMP is incomplete or fails to indicate that at least 50% of all C&D materials generated by the project will be reused or recycled, the

Environmental Compliance Official shall either:

(1) Return the C&DMMP to the applicant marked “denied,” including a statement of reasons, and so notify the Building Official, which shall then immediately stop processing the building or demolition permit application;

(2) Return the C&DMMP to the applicant marked “further explanation required,” including a statement of reasons, and so notify the Building Official, which shall then immediately stop processing the building or demolition permit application. If, during the course of the project, the applicant determines that the estimated tonnage of C&D material to be generated and/or recovered from the project is substantially different from the C&DMMP, the applicant shall submit an addendum to the original C&DMMP.

(Ord. 1214, passed 10-15-03)

(A) Documentation of C&D material diversion. Within 90 days after the completion of any covered project, the applicant shall submit to the Environmental Compliance Official documentation that it has met the diversion requirement for the project. The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:

(1) Receipts and gate tickets from the vendor or facility, which collected or received C&D material showing the actual weight or volume of that material;

(2) A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each material diverted and transported for disposal in a landfill or transformation facility; 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 C&D materials. Applicants shall make reasonable efforts to ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent feasible, all C&D materials shall be weighed by measurement of scales. Such scales shall be in compliance with all state and county regulatory requirements of accuracy and maintenance. For C&D materials for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(C) Determination of compliance and release of diversion security deposit. The Environmental Compliance Official shall review the information submitted under division (A) above, and determine whether the applicant has complied with the Construction and Demolition Materials Management Plan as follows:

(1) Full compliance. If the Environmental Compliance Official determines that the applicant has fully complied with the Construction and Demolition Materials Management Plan applicable to the project, the Environmental Compliance Official shall cause the full diversion security deposit to be released to the applicant.

(2) Good faith effort to comply. If the Environmental Compliance Official determines that the Construction and Demolition Materials Management Plan has not been complied with, the Environmental Compliance Official shall determine whether the applicant made a good faith effort to comply with this chapter. In making this determination, the Environmental Compliance Official shall consider the availability of markets for the C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and the documented efforts of the applicant to divert C&D materials. If the Environmental Compliance Official determines that the applicant has made a good faith effort to comply with this chapter, the Environmental Compliance Official shall approve the release of the diversion security deposit, or a portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the city, and shall be used for the purposes of promoting recycling within the city.

(3) Noncompliance. If the Environmental 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 division (A) above, within the required time period, then the diversion security deposit shall be retained by the city.

(4) Partial refund. The Environmental Compliance Official may authorize a partial refund when less than 50% by weight of the construction and demolition material generated by the project was diverted from disposal at a landfill or transformation facility. Any partial refund shall be in the same ratio as the demonstrated amount of diverted waste bears to 50% by weight of the total.

(5) Issuance of certificate of occupancy. The Building Department may issue a temporary certificate of occupancy prior to submittal by the applicant of all documentation required by this section. The certificate of occupancy may be finalized upon receipt of all documentation.

(6) Refund of diversion security deposit. The Environmental Compliance Official shall authorize the refund of any diversion security deposit if the building or demolition permit application is withdrawn or cancelled before any work has begun.

• (7) All diversion security deposits retained by the city shall be used only for:

• (a) Payment of diversion security deposit refunds;

• (b) Costs of administration of the program established by this chapter; and

• (c) Cost of programs to achieve diversion of C&D materials from disposal at landfill or transformation facilities.

• (Ord. 1214, passed 10-15-03)

(A) (1) Application for an exemption. If an applicant believes it is not feasible to comply with the diversion requirements of this chapter due to the circumstances delineated in this section, the applicant may apply for an exemption at the time that he or she submits the required C&DMMP. Exemptions may be granted based on the approval of the Environmental Compliance Official and the following considerations:

• (a) Lack of storage space onsite;

• (b) Contamination by hazardous substances; or

• (c) Low recyclability of specific materials.

• (2) The applicant shall indicate on the C&DMMP the maximum rate of diversion he or she believes is feasible for

each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(B) Exempt projects. No Construction and Demolition Materials Management Plan shall be required for any of the following:

• (1) Work for which a building permit is not required by this Code;

• (2) Work for which a demolition permit is not required by this Code;

• (3) Projects for which only a plumbing permit, electrical permit or mechanical permit is required;

• (4) Roofing projects that do not include removal of the existing roof; or

• (5) Demolition or construction required to protect public health or safety in an emergency, as defined in Cal. Pub. Res. Code § 21060.3.

(C) Meeting with the Environmental Compliance Official. The Environmental Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the division requirement. The Environmental Compliance Official may request that staff from the Environmental Services Division attend this meeting or may require the applicant to request a separate meeting with Environmental Services Division staff. Based on the information supplied by the applicant and, if applicable, Environmental Services Staff, the

Environmental Compliance Official shall determine whether it is possible for the applicant to meet the division requirement.

(D) Granting of exemption. If the Environmental Compliance Official determines that it is in-feasible 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 C&DMMP submitted by the applicant. The Environmental Compliance Official shall return a copy of the C&DMMP to the applicant marked “approved exemption” and shall notify the Building Official that the C&DMMP has been approved.

(E) Denial of exemption. If the Environmental Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall inform the applicant in writing. The applicant shall have 30 days to resubmit a C&DMMP form in full compliance with § 53.10(A). If the applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with § 53.10(A), the Environmental Compliance Official shall deny the C&DMMP.

(Ord. 1214, passed 10-15-03)

(A) Right to appeal. Each applicant shall have the right to appeal any decision made by the Environmental Compliance Official to the Director of Public Works, in accordance with § 53.14(C). Notice of any appeal from the ruling of the Environmental Compliance Official must be filed within ten days of the date that such ruling is made. (B) Decision by chief executive officer. Each applicant shall have the right to appeal any decisions made by the Director of Public Works to the Chief Executive Officer, in accordance with § 53.14(C). The decision made by the Chief Executive Officer shall be in writing, stating the legal and factual basis for the decision. The decision shall be final and conclusive, and shall not be appealable to the City Council or to any other city body or official. (Ord. 1214, passed 10-15-03)

(A) Civil action. Violation of any provision of this chapter may be enforced by any means available to the city, including, but not limited to, an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorney’s fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.

(B) Infraction. Violation of any of the provisions of this chapter is hereby declared an infraction punishable in accordance with § 10.99 of this Code. An applicant shall be guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the applicant. Where the violation is the failure to achieve the diversion requirement applicable to the project 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.

(C) Enforcement. The city through its Environmental Compliance Official and the City Attorney may undertake enforcement.

(Ord. 1214, passed 10-15-03)