Coachella Municipal Code Ch. 15.54 Recycling and Diversion of Waste from Construction and Demolition

The city council of the city of Coachella hereby finds and determines that the city is committed to protecting the public health, safety, welfare, and environment; that in order 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; that under California law, as embodied in the California Waste Management Act (California Public Resources Code Section 40000 et seq.), Coachella is required to prepare, adopt, and implement source reduction and recycling elements to reach reduction goals, and is required to make substantial reductions in the volume of waste materials going to landfill, under the threat of penalties of ten thousand dollars ($10,000.00) per day; that waste from demolition and construction of commercial and residential buildings represents a large portion of the volume presently coming from Coachella, and that a percentage of that waste is particularly suitable for recycling; that Coachella's commitment to the reduction of waste and to compliance with state law requires the establishment of programs for recycling and salvaging construction and demolition materials; that the city council recognizes that requiring demolition and construction waste to be recycled and reused may in some respects add modestly to the cost of demolition and construction and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety, and welfare that the following regulations be adopted.

(Ord. 930 § 2 (part), 2005)

(Ord. No. 1201, § 8, 6-28-23)

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.020, which pertained to definitions and derived from Ord. 930, § 2(part), adopted in 2005.

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.030, which pertained to designated recyclable and reusable materials and derived from Ord. 930, § 2(part), adopted in 2005.

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.040, which pertained to diversion requirements/covered projects requirements and derived from Ord. 930, § 2(part), adopted in 2005.

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.050, which pertained to diversion requirement exemptions and derived from Ord. 930, § 2(part), adopted in 2005.

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.060, which pertained to mixed waste processing facilities and derived from Ord. 930, § 2(part), adopted in 2005.

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.070, which pertained to construction and demolition waste plan and derived from Ord. 930, § 2(part), adopted in 2005.

A. The applicant for a building or demolition permit shall submit a performance security along with the C&D waste plan. This performance security shall be in the amount of one percent of the building permit valuation, but not greater than one hundred thousand dollars ($100,000.00).

B. For large projects, a one hundred thousand dollars ($100,000.00) performance security will be deposited. The security may be carried forward to the following phase provided the contractor has met the required diversion requirements. If diversion requirements are not met and a portion or all of the performance security is forfeited, the security must be replenished to meet one hundred thousand dollars ($100,000.00). The dollar amount to be replenished will be based on the diversion schedule in Section 15.54.130 of this chapter.

C. The applicant shall post performance security in the form of cash, money order, letter of credit, performance or surety bond.

(Ord. 930 § 2 (part), 2005)

(Ord. No. 1201, § 8, 6-28-23)

A. The compliance official may authorize the refund of any performance security which was erroneously paid or collected.

B. The compliance official may authorize the refund of any performance security when the building permit application is withdrawn or cancelled before any work has begun.

C. The performance security shall be returned, without interest, in total or prorated, upon proof of satisfaction by the compliance official that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused. If a lesser percentage of construction and demolition waste tonnage than is required is diverted, a proportionate share of the deposit shall be returned. The deposit shall be forfeited entirely or to the prorated extent that there is a failure to comply with the requirements of this chapter. The city may, by formal resolution, modify the amount of the required security.

(Ord. 930 § 2 (part), 2005)

(Ord. No. 1201, § 8, 6-28-23)

A. Monies received by the city as performance security shall be used only for:

1. Payment of performance security refunds;

2. Programs to divert construction, demolition, and alteration projects from the landfill;

3. Programs whose purpose is to develop or improve the infrastructure needed to divert wastes from construction, demolition, and alteration projects from landfill disposal;

4. Allocated staff costs.

(Ord. 930 § 2 (part), 2005)

(Ord. No. 1201, § 8, 6-28-23)

Editor's note— Ord. No. 1201, § 8, adopted June 28, 2023, repealed § 15.54.110, which pertained to reporting and derived from Ord. 930, § 2(part), adopted in 2005.

A. If the 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 within the sixty-day time period, then the deposit shall be forfeited to the city.

B. If the compliance official determines that the applicant has diverted a lesser percentage of construction and demolition waste tonnage than required, the deposit shall be forfeited entirely or to the prorated extent that there is failure of compliance.

(Ord. 930 § 2 (part), 2005)

(Ord. No. 1201, § 8, 6-28-23)

The compliance official shall review the information submitted under Section 15.54.110 of this chapter and determine whether the applicant has complied with the diversion requirement as follows:

A. Full Compliance. If the compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, the compliance official shall cause the performance security to be returned in full, without interest, within fifteen (15) days.

B. Partial Compliance. If the contractor is not found in compliance but has submitted required forms and documentation, the city may refund a percentage of the deposit for partial compliance. See schedule in this subsection to determine the amount of the security to be refunded based on the level of diversion obtained and supported.

C. Noncompliance. If the compliance official determines that the applicant has not fully or partially complied with the diversion requirement, or if the applicant fails to submit the documentation required by Section 15.54.110 of this chapter within the sixty-day time period, then the performance security shall be forfeited to the city.

(Ord. 930 § 2 (part), 2005)

(Ord. No. 1201, § 8, 6-28-23)

A. Any decision of a code compliance officer made under Section 15.54.130 of this chapter may be appealed under the procedure set forth in Chapter 3.28 of this code.

(Ord. 930 § 2 (part), 2005)

Annually, the city will evaluate the Recycling and Diversion of Construction and Demolition Waste Ordinance to determine its effectiveness in reducing the amount of C&D waste disposed. In making this determination, the city will consider issues such as the amount of C&D waste disposed, volume of C&D activity, markets for C&D waste, and other barriers encountered by applicants. If the city determines the C&D disposed had the potential for diversion, then the city may amend these provisions and implement the necessary measures to divert more C&D waste.

(Ord. 930 § 2 (part), 2005)

A violation of any provision of this chapter shall be a public nuisance subject to the enforcement provisions of Title 3 of this code.

(Ord. 930 § 2 (part), 2005)

A violation of any provision of this chapter shall be a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for no more than one year, or both.

(Ord. 930 § 2 (part, 2005)