Commerce Municipal Code Ch. 6.19 Construction and Demolition Debris Diversion

Footnotes:

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Editor's note— Ord. No. 618, § 1, adopted Jan. 6, 2009, amended Ch. 6.19 in its entirety to read as herein set out. Former Ch. 6.19, §§ 6.19.010—6.19.200, pertained to similar subject matter, and derived from Ord. No. 614, § 1, adopted Oct. 21, 2008.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, §§ 40000, 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.

(1) "Applicant" means 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.

(2) "Building official" means the designee of the director of community development.

(3) "City sponsored project" means a project constructed by the city or a project receiving fifty percent or more of its financing from the city.

(4) "Construction" means 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.

(5) "Construction and demolition debris or C&D debris" means waste building materials, packaging and rubble resulting from construction, remodeling, renovation, repair, and demolition operations on pavements, houses, commercial buildings and other structures.

(6) "Construction and demolition waste management plan or C&D WMP" means a completed C&D WMP from, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

(7) "Construction and demolition waste management plan attachments" means a list of permitted haulers, reuse facilitators, disposal and recycling facilities, conversions for mass to weight, green building material suggestions, and any other information supplied by the city to support compliance with this chapter.

(8) "Conversion rate" means 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 C&D WMP.

(9) "Covered project" means all projects which require a permit pursuant to Los Angeles County Codes as adopted by reference by Ordinance Number 610.

(10) "Deconstruction" means 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.

(11) "Demolition" means 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.

(12) "Divert or diversion" means the activities, which reduce or eliminate the amount of C&D debris from disposal in a landfill or transformation facility.

(13) "Diversion requirement" means the diversion of at least fifty percent of the total construction and demolition debris generated by a covered project by reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 6.19.160 of this chapter. 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.

(14) "Environmental compliance official" means the designee of the director of community development.

(15) "Exempt project" shall have the meaning set forth in Section 6.19.140 of this chapter.

(16) "Feasible" shall have the meaning ascribed by Public Resources Code § 21061.1, as it, from time to time, may be amended.

(17) "Inert materials" means non-liquid solid resources including, but not limited to, soil and concrete, that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional water board pursuant to Division 7 (Sections 13000, et seq.) of the California Water Code and does not contain significant quantities of decomposable solid resources.

(18) "Project" means any activity, for which a permit for building, demolition, parking area construction, or other permit is required. See also "covered project".

(19) "Recycling" means 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.

(20) "Renovation" or "tenant improvement" means 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.

(21) "Reuse" means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.

(22) "Salvage" means 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.

(23) "Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include any of the following wastes:

a. Hazardous waste, as defined in Public Resources Code Section 40141;

b. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code);

c. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).

(Ord. No. 618, § 1, 1-6-2009)

Except as otherwise provided in this code, each applicant for a permit required by Chapter 15 and Chapter 16, of the Commerce Municipal Code shall also complete and submit a construction and demolition waste management plan (C&D WMP), unless the project is an exempt project, as defined below. On and after the effective date of [the ordinance codified in] this chapter no building, demolition, or grading permit shall be issued by the building official unless the applicant for a construction, demolition, or grading permit for a covered project has submitted to the building official a C&D WMP approved by the city's environmental compliance official pursuant to Sections 6.19.040 and 6.19.070 of this chapter as follows:

(1) Private Projects. All construction and tenant improvement projects the total size of which are or are projected to be ten thousand square feet or greater, or total valuation of which are or are projected to be ten thousand dollars or greater, whichever is greater, and all demolition or grading projects of any valuation. "Covered Projects" shall be required to divert at least fifty percent of all project-related construction and demolition debris in compliance with this chapter.

(2) 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 C&D WMP shall be prepared by the contractor. City-sponsored demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code § 21060.3, as it, from time to time, may be amended, is not a covered project.

(Ord. No. 618, § 1, 1-6-2009)

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. No. 618, § 1, 1-6-2009)

Each applicant for a permit for any covered project shall complete and submit a construction and demolition waste management plan (C&D WMP), on a C&D WMP from approved by the city for this purpose with any application for the building or demolition permit for a covered project. The completed C&D WMP shall indicate all of the following:

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

(2) The maximum volume or weight of C&D debris that is feasible to divert from the project. No more than twenty percent of the fifty percent diversion requirement can be achieved through the recycling or reuse of inert materials unless applicant can demonstrate to the satisfaction of the environmental compliance official that sufficient structural materials do not exist for recycling or that thirty percent diversion of total waste through non-inert materials is not feasible;

(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 debris that would be transported for disposal in a landfill or transformation facility.

(Ord. No. 618, § 1, 1-6-2009)

In estimating the volume or weight of materials identified in the C&D WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(Ord. No. 618, § 1, 1-6-2009)

In preparing the C&D WMP, applicants for 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 landfilling. Deconstruction can be used to meet the fifty percent diversion requirement provided it is accounted for in the C&D WMP.

(Ord. No. 618, § 1, 1-6-2009)

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&D WMP if he or she determines that all of the following conditions have been met:

(1) The C&D WMP provides all of the information set forth in Section 6.119.40 of this chapter; and

(2) The C&D WMP indicates that at least fifty percent of all C&D debris generated by the project will be diverted, or an exemption has been approved pursuant to Section 6.19.160 of this chapter.

If the environmental compliance official determines that these two conditions have been met, they shall mark the C&D WMP "approved," return a copy of the C&D WMP to the applicant, and notify the building official and the public services division that the C&D WMP has been approved.

(Ord. No. 618, § 1, 1-6-2009)

If the environmental compliance official determines that the C&D WMP fails to meet the conditions specified in Section 6.19.110 of this chapter, the environmental compliance official shall either:

(1) Return the C&D WMP 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&D WMP 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.

(Ord. No. 618, § 1, 1-6-2009)

If during the course of the project, the applicant determines that the estimated tonnage of C&D debris to be generated and/or recovered from the project is substantially different from the C&D WMP, the applicant shall submit an addendum to the original C&D WMP.

(Ord. No. 618, § 1, 1-6-2009)

Applicants shall demonstrate continuous compliance with all requirements of the C&D WMP for the duration of the project as follows:

(1) Prior to final sign off or final release of any covered project, the applicant shall submit to the environmental compliance official documentation that it has met the diversion requirement for the project. Applicant shall provide a final reporting of efforts used to meet the diversion requirement and also provide the following documentation:

(2) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material:

(A) Weight slips/count of material salvaged or reused in current project;

(B) A copy of the previously approved C&D WMP for the project adding the actual volume or weight of each material diverted and transported for disposal in a landfill or transformation facility; and

(C) Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

(3) 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 feasible, all C&D debris 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 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 by weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(Ord. No. 618, § 1, 1-6-2009)

The environmental compliance official shall review the information submitted under Section 6.19.110 of this chapter, and determine whether the applicant has complied with the C&D WMP as follows:

(1) Full Compliance. If the environmental compliance official determines that the applicant has fully complied with the C&D WMP applicable to the project, the environmental compliance official shall indicate full compliance with all applicable sections of this chapter on release forms prescribed by the city and shall authorize release of any permits required under this provision.

(2) Good Faith Effort to Comply. If the environmental compliance official determines that the C&D WMP 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 debris 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 debris. 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 authorize release of any permits required under this provision.

(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 Section 6.19.110 of this chapter, all permits shall be held and not released for final approval until compliance has been demonstrated in the manner described above.

(4) 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.

(Ord. No. 618, § 1, 1-6-2009)

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&D WMP. Exemptions may be granted based on the approval of the environmental compliance official and the following considerations:

(1) An emergency situation exists;

(2) Lack of storage space onsite;

(3) Contamination by hazardous substances;

(4) Low recyclability of specific materials.

The applicant shall indicate on the C&D WMP the maximum rate of diversion he or she believes is feasible for each material type and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(Ord. No. 618, § 1, 1-6-2009)

No C&D WMP 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) Detached single family residential structures and associated detached or attached accessory structures unless they represent significant reconstruction/remodel as determined by the building official;

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

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

(6) Demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code § 21060.3.

(Ord. No. 618, § 1, 1-6-2009)

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 public services division attend this meeting or may require the applicant to request a separate meeting with public services division staff. Based on the information supplied by the applicant and, if applicable, public services staff, the environmental compliance official shall determine whether it is possible for the applicant to meet the division requirement.

(Ord. No. 618, § 1, 1-6-2009)

If the environmental compliance official determines that it is infeasible 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 type and shall indicate this rate on the C&D WMP submitted by the applicant. The environmental compliance official shall return a copy of the C&D WMP to the applicant marked "approved exemption" and shall notify the building official that the C&D WMP has been approved.

(Ord. No. 618, § 1, 1-6-2009)

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 thirty days to resubmit a C&D WMP form in full compliance with Section 6.19.110 of this chapter. If the applicant fails to resubmit the C&D WMP, or if the resubmitted C&D WMP does not comply with Section 6.19.110 of this chapter, the environmental compliance official shall deny the C&D WMP.

(Ord. No. 618, § 1, 1-6-2009)

Each applicant shall have the right to appeal any decision made by the environmental compliance official to the director of community development, in accordance with Section 6.19.180 of this chapter. 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.

(Ord. No. 618, § 1, 1-6-2009)

Decisions made by the director of community development, in accordance with Section 6.19.120 of this chapter, 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. No. 618, § 1, 1-6-2009)

The City through its environmental compliance official and the city attorney may undertake enforcement as follows:

(1) 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.

(2) Infraction. Violation of any of the provisions of this chapter is hereby declared a misdemeanor punishable in accordance with Chapter 1.12 of the Commerce Municipal 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 debris from the project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days.

(Ord. No. 618, § 1, 1-6-2009)