City of Industry Municipal Code Art. VI Recycling and Disposal of Construction, Demolition, and Renovation Debris

In order to comply with AB 939 as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), and SB 1374 (Chapter 501, Statutes of 2002) as embodied in California Green Building Code (CALGreen), the city of Industry is required to prepare, adopt and implement source reduction and recycling plans in order to make substantial reductions in the volume of waste materials going to landfills and to reach landfill recycling/diversion rates mandated by the CALGreen Building Code.

To meet these goals, it is necessary that the city promote the reduction of solid waste and reduce the stream of solid waste going to landfills. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste coming from the city of Industry, and much of this waste is particularly suitable for recycling and reuse. The city is committed to the reduction of waste through the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste.

(Ord. 818 § 3, 2022)

All covered projects shall reuse, recycle, or divert the minimum percentage of construction and demolition debris generated from landfills and/or disposal sites. This minimum diversion requirement for construction and demolition debris is defined by the CALGreen Building Code, and at the time of the adoption of this chapter, is currently sixty-five percent. The CALGreen Building Code diversion/recycling requirement may change from time-to-time. It is the sole responsibility of the applicant to be familiar with current CALGreen Building Code requirements.

(Ord. 818 § 3, 2022)

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 be subject to all applicable provisions of this chapter. Failure to comply with any of the terms of this section shall subject the project applicant to the full range of enforcement mechanisms set forth in this chapter.

B. Non-covered projects are defined as those projects which do not generate any solid waste, recyclable materials or any discarded materials, all other projects are considered "covered projects."

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.

D. City-Sponsored Projects (Construction and Renovation). All city-sponsored construction and renovation projects shall be considered "covered projects" for the purposes of this chapter and shall submit a waste management plan prior to beginning any construction or demolition activities and shall be subject to the provisions of this chapter.

E. City-Sponsored Projects (Demolition). All city-sponsored demolition projects shall be considered "covered projects" for the purposes of this chapter and shall submit a waste management plan prior to beginning any demolition activities and shall be subject to the provisions of this chapter.

F. Exempted Projects. A diversion deposit and a waste management plan shall not be required for the following:

1. Work for which a building or demolition permit is not required.

2. Roofing projects that do not include tear-off of existing roof.

3. Work for which only a plumbing, only an electrical, or only a mechanical permit is required.

4. Seismic tie-down projects.

5. Emergency demolition required to protect the public health and safety.

(Ord. 818 § 3, 2022)

Applicants for building or demolition permits involving any covered project shall complete and submit a construction waste management plan ("CWMP"), on a city-approved CWMP form, as part of the application packet for the building or demolition permit.

(Ord. 818 § 3, 2022)

Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any Project unless and until the CWMP compliance official has approved applicants CWMP.

Approval shall not be required, however, where the building official determines that an emergency demolition is required to protect public health or safety.

(Ord. 818 § 3, 2022)

A. Documentation. Prior to the completion of any covered project, the applicant shall submit to the CWMP compliance official documentation that the diversion requirement has been met. The diversion requirement shall be that the applicant has diverted at minimum the CALGreen required diversion rate of the total construction and demolition debris generated by the project via reuse or recycling. This documentation shall include all of the following:

1. Receipts from the franchisee and facility that collected and received each type of material, showing its actual weight or volume;

2. A copy of the previously approved CWMP for the project adding the actual volume or weight of each type of material diverted and landfilled;

3. Any additional information the applicant believes is relevant to determining his efforts to comply in good faith with the approved CWMP for the project.

B. Weighing of Discards. Applicants shall make reasonable efforts to ensure that, whether diverted or landfilled, all construction and demolition debris is measured and recorded, using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by way of certified scales. In instances which, due to small size or other considerations, weighing construction and demolition debris is not practical, a CALRecycle and/or city of Industry approved volumetric measurement shall be used. To convert volumetric measurements to weight, the applicant shall use the standardized conversion rate approved by the city for this purpose.

C. Determination of Compliance and Release of Building Permit. The CWMP compliance official (as appointed by the city manager or his or her designee) shall review the information submitted under this chapter and determine which of the following standards best describes the extent the applicant has complied with the diversion requirement.

1. Full Compliance. If the CWMP compliance official determines that the applicant has fully complied with the diversion requirement, he or she shall cause the building permit to be released to the applicant.

2. Good Faith Effort to Comply. If the CWMP 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 to comply with the diversion requirement. In making this determination, the CWMP 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 CWMP compliance official determines that the applicant has made a good faith effort to comply with the diversion requirement, he or she shall release the building permit to the applicant.

3. Noncompliance. If the CWMP 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 this chapter within the required time period, then the CWMP compliance official shall so notify the applicant and the building official. The building official shall not release the building permit until the applicant has complied with this chapter and/or has paid the penalty fees and/or the deposit submitted during application submittal was kept and deposited by the city.

(Ord. 818 § 3, 2022)

Violation of meeting the requirements and/or following a submitted and approved WMP means that the CWMP applicant shall lose the deposit that was submitted to the planning/building permit during permit issuance. Additionally, city manager or his or her designee may choose to prohibit applicant and/or contractor/generator from continuing business and/or doing future business in the city. Violation of this chapter shall also be subject to all fees and penalties identified in this chapter.

(Ord. 818 § 3, 2022)

Persons applying for a permit from the city of Industry for new construction and building additions and alterations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city of Industry. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

A. For projects covered by CALGreen or more stringent requirements of the jurisdiction, the applicants must, as a condition of the jurisdiction's permit approval, comply with the following:

1. Where five or more multi-family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of a gray container and green container materials, consistent with the two container collection program offered by the jurisdiction, or comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New commercial construction or additions resulting in more than thirty percent of the floor area shall provide readily accessible areas identified for the storage and collection of a gray container and green container materials, consistent with the two container collection program offered by the jurisdiction, or shall comply with provision of adequate space for recycling for multi-family and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of organic waste in C&D from disposal. Comply with the jurisdiction's C&D ordinance, Chapter 8.20 of this code, and all written and published jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(Ord. 818 § 3, 2022)

Any person or entity who engages in a covered project within the city that requires the usage of a solid waste processing facility or disposal site, shall be required to contract with the city franchise hauler. Should an exclusive franchise with a particular hauler not exist, the person or entity may use a hauler licensed to do business within the city in accordance with the terms of this chapter and the contract between the city and the city's contract hauler, to provide such service. Failure to meet this requirement shall constitute as a violation and is subject to the administrative citation process up to and including a misdemeanor complaint.

(Ord. 818 § 3, 2022)

Removal of materials from a premises by a contractor as an incidental part of a gardening, landscaping, or tree trimming, may be excluded from the exclusive construction and demolition franchise requirement.

(Ord. 818 § 3, 2022)

A. Should the applicant be adversely affected by the compliance official's decision regarding determinations made under the provisions of this chapter, the applicant may file a notice of appeal.

1. Determinations subject to appeal include:

a. The granting or denying of an exemption;

b. Whether the applicant has acted in good faith;

c. The amount of the deposit to be released; and

d. Any administrative citations issued.

B. Appeals shall be made by submitting written notice to the city clerk within ten days of the decision. No appeal shall be accepted after the appeal period has expired. The appeal shall specifically state where a determination or interpretation is not in accord with the purpose of this chapter, where the decision was made inconsistently with the city of Industry Municipal Code, where the record includes inaccurate information, or where a decision is not supported by the record.

C. Appeals and the required hearings shall be conducted as provided in Section 8.20.530.

(Ord. 818 § 3, 2022)