Bell Municipal Code Art. VII Waste Management Plan for Construction and Demolition Waste

For the purposes of this article, the following definitions shall apply:

"Applicant"

means any person who applies to the city for the applicable permits to undertake any covered project.

"Building official"

means the chief building official of the city.

"Construction"

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

"Construction or demolition waste (C&D)"

means any solid waste, materials or debris used, discarded or generated as the result of construction, renovation, remodeling, repair or demolition operations, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"Conversion rate"

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

"Covered project"

is any construction, demolition, or renovation project measuring over 100 square feet within the city or which the total costs are, or are projected to be, greater than or equal to $5,000 which requires an application for a building or demolition permit or any similar permit from the city. "Covered project" also includes all city-sponsored construction, demolition and renovation projects whose total costs are equal to or greater than $5,000.

"Deconstruction"

is to disassemble any facility, structure, or building, whether in whole or in part, whether interior or exterior, piece by piece in order to salvage the parts.

"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.

"Diversion requirement"

means the diversion of at least 50% of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.24.400, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project.

"Divert"

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

"Noncovered project"

means any construction, demolition, or renovation project within the city in which the total costs are less than $5,000 or measure under 100 square feet.

"Renovation"

means any change, addition, or modification to an existing structure.

"Reuse"

means further or repeated use of construction or demolition debris.

"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.

"Waste management plan"

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

"WMP compliance official"

means the chief administrative officer or staff person(s) authorized and responsible for implementing this chapter.

(Ord. 1157 § 1, 2004)

A. Covered Projects. Prior to beginning any construction or demolition activities, the applicant shall submit a waste management plan to the WMP compliance official and shall comply with all provisions of this article.

B. Noncovered Projects. Applicants for noncovered projects shall be encouraged to divert at least 50% of all project-related construction and demolition debris, but shall not be required to submit a waste management plan to the WMP compliance official.

C. Compliance as a Condition of Approval. Compliance with the provisions of this article shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

(Ord. 1157 § 1, 2004)

A. WMP Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan ("WMP"), on a WMP form approved by the city 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, by material type, to be generated;

2. 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 and receive the material;

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

5. Any special or specific activities that the applicant will use to comply with the provisions of this section.

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

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 rather than being landfilled.

(Ord. 1157 § 1, 2004)

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

1. The WMP provides all of the information set forth in Section 8.24.370; and

2. The WMP indicates that at least 50% of all C&D debris generated by the project will be diverted.

B. Nonapproval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that at least 50% of all C&D debris generated by the project will be reused or recycled, the official shall either:

1. Return the WMP to the applicant marked "denied," including a statement of reasons, and so notify the building official, who shall then immediately stop processing the building or demolition permit application, or

2. Return the WMP to the applicant marked "further information required."

(Ord. 1157 § 1, 2004)

A. Documentation. Prior to the completion of any covered project, the applicant shall submit to the WMP compliance official documentation that the diversion requirement has been met. This documentation shall include all of the following:

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

2. A copy of the previously approved WMP 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 the approved WMP for the project.

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. Regarding 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 city for this purpose.

C. Determination of Compliance and Release of Building Permit. 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, the official shall give authorization for the building permit to be released to the applicant.

2. Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, the official may determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. 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 the diversion requirement, the official shall authorize release of the building permit to the applicant.

3. Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by subsection A of this section within the required time period, then the WMP compliance official shall notify the applicant and the building official. The building official shall not release the building permit or certificate of occupancy for the covered project, as appropriate, until the applicant has complied with this section.

(Ord. 1157 § 1, 2004)

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it unfeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time the WMP is submitted as required under Section 8.24.370. The applicant shall indicate on the WMP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement.

B. Meeting with WMP Compliance Official. The WMP 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. Based on the information supplied by the applicant the WMP compliance official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the WMP compliance official determines that it is unfeasible for the applicant to meet the diversion requirement due to unique circumstances, the WMP official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked "approved for exemption" and shall notify the building official that the WMP has been approved.

D. Denial of Exemption. If the WMP compliance official determines that it is possible for the applicant to meet the diversion requirement, the WMP official shall so inform the applicant in writing. The applicant shall resubmit a WMP form in full compliance with Section 8.24.370. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.24.370, the WMP official shall deny the WMP.

(Ord. 1157 § 1, 2004)

A. The city council by resolution may adopt a fee schedule relating disposal and recycling of construction debris as may be necessary to defray the costs of administration of this chapter.

B. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a deposit in an amount established by resolution of the city council for each estimated ton of waste as set forth on the approved WMP for the covered project. The deposit shall be returned in total, without interest, upon proof of satisfaction by the WMP compliance official that no less than the required percentage of C&D debris tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of C&D debris tonnage than required is diverted, a proportionate share of the deposit shall be returned. The deposit shall be forfeited entirely or to the pro-rated extent that there is a failure to comply with the requirements of this article.

(Ord. 1157 § 1, 2004)

A. The applicant shall have the right to appeal any decision made by the WMP official to the property maintenance and building rehabilitation appeals board or designee.

B. The decision made by the property maintenance and building rehabilitation appeals board or designee, shall be final.

(Ord. 1157 § 1, 2004)