Chino Hills Municipal Code Ch. 13.40 Material Waste Management Plan for Construction and Demolition Projects

Under the California Waste Management Act (California Public Resources Code Section 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals set forth therein, and is required to make substantial reductions in the volume of waste materials going to landfill by diverting the minimum percentage of sixty-five (65) percent required by the Green Code of materials from the landfill annually. Debris from construction and demolition projects represents a significant portion of the volume of solid waste that is being diverted to landfill, much of which is suitable for recycling. Consequently, the purpose of this chapter is to increase the amount of construction and demolition debris that is recycled or reused to reduce the amount that is disposed of in landfills.

(Ord. No. 240, § 1, 3-22-2011; Ord. No. 395, § 2, 5-9-2023)

"Applicant" means any individual, firm, contractor, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that applies to the City for the applicable permits to undertake any construction, remodeling, or demolition project within the City.

"Certified Recycling or Material Recovery Facility" means a facility for which there exists a recycling or material recovery facility permitted by the local enforcement agency and approved by the California Integrated Waste Management Board California Department of Resources Recycling and Recovery.

"Compliance official" means the staff person(s) designated by the City Manager authorized and responsible for implementing this article.

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

"Construction and demolition debris" means:

1. Discarded materials generally not considered water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, wallboard, roofing materials, and lumber from a project.

2. Clean cardboard, paper, plastic, wood, carpet, and metal scraps from any project.

3. Other non-hazardous wastes that are generated at projects provided such amounts are consistent with best management practices of the industry.

"Demolition" means the decimating, razing, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

"Designated recyclable and reusable materials" includes, but is not limited to:

1. Masonry building materials including all products generally used in construction including, but not limited to, asphalt, concrete, rock, stone, mortar, and brick.

2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated, or painted.

3. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames, and fences.

4. Roofing materials, including wood shingles as well as asphalt, metal, stone, and slate based roofing materials.

5. Salvageable materials includes all salvageable materials and structures including, but not limited to, carpet, wallboard, doors, windows, fixtures, toilets, sinks, bathtubs, and appliances.

"Divert" means the reuse or recycling of construction and demolition debris, avoiding landfill disposal.

"Green Code" means the California Green Building Standards Code as incorporated in Section 15.04.080 of the Chino Hills Municipal Code.

"Project" as used in this chapter means any construction, demolition, or renovation that is required to comply with this chapter in accordance with Section 13.40.030.

"Project site" means a lot or parcel where demolition, construction, addition, or alteration is proposed. In the case of a residential subdivision under construction, "project site" means the parcels proposed for development in a particular phase by a homebuilder.

"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.

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

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

"Self-haul" or "Self-hauler" means a person who hauls discarded materials, recovered material, or any other material he or she has generated to another person.

"Universal waste" means electronic devices, electronic lamps, batteries, mercury containing equipment, CRTs (glass picture tubes removed from items such as televisions and computer monitors), CRT glass and non-empty aerosol cans.

"Waste reduction and recycling plan" or "plan" means a plan for the recycling, reuse, diversion, or disposal in a landfill for all designated recyclable and reusable materials and all construction and demolition debris from a project.

"Waste reduction and recycling report" means a written report demonstrating all recycling, reuse, diversion, or disposal in a landfill for all designated recyclable and reusable materials and all construction and demolition debris for a project, in accordance with the waste reduction and recycling plan for the project.

(Ord. No. 240, § 1, 3-22-2011; Ord. No. 395, § 3, 5-9-2023)

Projects subject to the requirements of this chapter shall include any project which consists of one or more of the following:

1. Demolition of a building or structure, or a portion thereof, that is equal to or greater than five hundred (500) square feet (residential, commercial, industrial, or institutional).

2. New construction or renovation of a commercial, industrial, or institutional building or structure that is equal to or greater than one thousand (1,000) square feet and/or building alterations with a permit valuation of two hundred thousand dollars ($200,000.00) or above.

3. Construction of any new residential dwelling whatsoever.

4. Construction of new multifamily dwellings where four (4) or more units are under construction at a given time.

(Ord. No. 240, § 1, 3-22-2011; Ord. No. 395, § 4, 5-9-2023)

The following projects will not be subject to the requirements set forth by this chapter:

1. Demolition, construction, repair, or alteration performed in order to protect the public health, safety or welfare in response to an emergency, as defined in Public Resources Code Section 21060.3, and as determined in writing by any public safety official or code compliance officer or the City, prior to the commencement of the emergency work.

2. A project contaminated by hazardous substances or waste as defined by state or federal law.

(Ord. No. 240, § 1, 3-22-2011)

The applicant for a project subject to the requirements of this chapter shall divert, at a minimum, the required percentage of the construction and demolition debris resulting from the project as set forth in the provisions of the Green Code. Construction and demolition debris generated from every applicable construction, renovation, or demolition project shall be diverted from disposal in landfills by using recycling, reuse, and diversion programs. Separate calculations and reports are required for the construction and demolition portions of projects that involve both activities. The applicant is required to use the City's franchise waste hauler or self-haul the materials. The applicant must provide verification that universal waste from non-residential addition and alteration projects will be properly disposed and diverted from landfilling.

(Ord. No. 240, § 1, 3-22-2011; Ord. No. 395, § 5, 5-9-2023)

A. Submission of Waste Reduction and Recycling Plan. Every applicant shall submit a properly completed waste reduction and recycling plan as a requirement of the building or demolition permit process. The plan shall be submitted as part of the building permit application packet. The plan must identify all project materials to be recycled, reused, diverted, or disposed of in a landfill, including all of the following:

1. The estimated volume or weight of the project construction and demolition debris to be generated, listed by each type of material;

2. Volume or weight of the construction and demolition debris to be reused, salvaged or recycled listed by each type of material;

3. The estimated volume or weight of construction and demolition debris that will be disposed of in a landfill, listed by each type of material;

4. The facilities or service providers to be used by the applicant; and

5. The estimated date on which demolition or construction is to commence.

B. Approval of Waste Reduction and Recycling Plan.

1. Notwithstanding any other provisions of this chapter, no building or demolition permit shall be issued for any project as defined in this chapter unless and until the compliance official has approved the waste reduction and recycling plan.

2. A waste reduction and recycling plan will be approved or denied within fifteen (15) business days after a complete permit application is filed with the City. Any approval may include conditions reasonably necessary to meet the standards of this chapter.

3. The compliance official shall only approve a waste reduction and recycling plan if he or she determines that it contains all of the information set forth in subsection A and complies with the minimum diversion requirement set forth in the Green Code. If the compliance official determines that all of the above conditions have been met, he or she shall mark the waste reduction and recycling plan "Approved," return a copy of the plan to the applicant, and notify the Building and Safety Division of the Community Development Department that it has been approved.

C. Denial of Waste Reduction and Recycling Plan. If the compliance official determines that the waste reduction and recycling plan is incomplete he or she shall return it to the applicant marked as incomplete. The applicant must then submit all additional information requested by the compliance official or required by this chapter. After receipt of such additional information and resubmittal of the plan, the compliance official will review the waste reduction and recycling plan in accordance with this chapter.

(Ord. No. 240, § 1, 3-22-2011; Ord. No. 395, § 6, 5-9-2023)

A. During demolition or construction, the compliance official may inspect project sites to determine compliance with the waste reduction and recycling plan. The applicant, if requested, must supply written proof of plan compliance within five (5) business days. Failure to comply with the waste reduction and recycling plan during construction or demolition may be grounds for issuance of a "stop work" order and/or prosecution for violation of this Municipal Code. Each day that the applicant fails to comply with the requirements of this section constitutes a separate offense.

B. Designated recyclable and reusable materials must be diverted from disposal in a landfill in order to meet the requirements of this Code and California law. Applicants must submit proof of compliance quarterly and at the end of each project to demonstrate compliance with the project's approved waste reduction and recycling plan. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the compliance official before issuance of a building permit for the construction project. Quarterly reports shall be submitted each April 30, July 30, October 30, and January 30 (or as determined by the compliance official) and are to cover the previous three calendar months (January through March, April through June, July through September, and October through December). End of project reports are to be submitted prior to final inspection and issuance of any certificate of occupancy. End of project reports must cover the period from the last quarterly report to the end of the project. Proof of compliance to be submitted with quarterly and end of project reports includes:

1. Submittal of a completed waste reduction and recycling report on a form supplied or approved by the City.

2. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material (recyclables and solid waste). Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified.

3. Weight slips/count of material salvaged or reused in current project. Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified.

4. Any additional information needed to support the compliance determination. Failure to comply with this section and the waste reduction and recycling plan during construction or demolition may be grounds for issuance of a "stop work" order and/or prosecution for violation of this Municipal Code. Each day that the applicant fails to comply with the requirements of this section constitutes a separate offense. The compliance official may request additional information to determine compliance during the review of the quarterly or end of project reports. This information must be provided by the applicant to the compliance official within five (5) business days.

(Ord. No. 240, § 1, 3-22-2011)