Delano Municipal Code Ch. 13.52 Recycling and Diversion of Construction and Demolition (c&d) Waste

A. Under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the City of Delano is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to ten thousand dollars per day. 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.

B. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City of Delano and much of this waste is particularly suitable for recycling and reuse.

C. The city's commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste.

(Ord. 1139 §1(part), 2006).

Definitions used in this chapter shall conform to Section 13.48.020 of the Delano Municipal Code and the following:

"Waste management plan compliance official" means the city manager or a designee of the city manager.

(Ord. 1139 §1(part), 2006).

It is required that at least fifty percent of waste tonnage from construction, demolition, and renovation waste shall be diverted from disposal in landfills or similar facilities.

(Ord. 1139 §1(part), 2006).

A. Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan (WMP) required under Section 13.52.060.

B. Granting of Exemption. If the WMP compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement the applicant shall be required to meet, and will inform the applicant in writing of the new requirement. The applicant shall then have thirty calendar days to resubmit another WMP, which is in compliance with the new diversion requirement.

(Ord. 1139 §1(part), 2006).

A. Covered Projects (Construction and Renovation). All construction and renovation projects within the city that are two hundred square feet or greater shall comply with this chapter, shall submit a waste management plan prior to beginning any construction or demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 13.52.100 (Fines/penalties) of this chapter.

B. Covered Projects (Demolition). All demolition projects within the city that are seventy-five square feet or greater shall comply with this chapter, shall submit a waste management plan prior to beginning any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 13.52.100 (Fines/penalties) of this chapter.

C. Noncovered Projects (Construction and Renovation). Applicants for construction and renovation projects within the city whose projects are two hundred square feet or less are not required, but shall be encouraged, to divert at least fifty percent of all project-related construction and demolition waste.

D. Noncovered Projects (Demolition). Applicants for demolition projects within the city whose projects are seventy-five square feet or less are not required, but shall be encouraged, to divert at least fifty percent of all project-related demolition waste.

E. Deconstruction/Recovery Interval for Covered Demolition Projects. Every covered demolition project shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. In order to provide sufficient time for deconstruction, salvage, and recovery, no demolition may take place until a period of ten working days has elapsed from the date of issuance of the demolition permit. Recovered and salvaged designated recyclable and reusable material from every project shall qualify to be counted in meeting diversion requirements of Section 13.52.030 (Diversion requirement). Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises, or may be removed to reuse facilities for storage or sale.

F. Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

G. Exemptions. 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. Projects where no structural building modifications are required;

6. Emergency demolition required to protect public health and safety.

(Ord. 1139 §1(part), 2006).

A. Prior to starting the project, every applicant shall submit a properly completed "waste management plan" (WMP) to the WMP compliance official, in a form as prescribed by that official, as a portion of the building or demolition permit process. The completed WMP shall contain the following:

1. The estimated volume or weight of project waste to be generated by material type;

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling by material type;

3. The vendor(s) that the applicant proposes to use to haul the materials;

4. Facility(s) the materials will be hauled to, and their expected diversion rates by material type;

5. Estimated volume or weight of construction and demolition waste that will be disposed.

In estimating the volume or weight of materials as identified in the WMP, the applicant shall use the standardized conversion rates approved by the City of Delano for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected feasible diversion rate as described above, and finds the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate.

B. Approval. 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 emergency demolition is required to protect public health or safety. The WMP compliance official shall only approve a WMP if he or she determines that all of the following conditions have been met:

1. The WMP provides all of the information set forth in this section;

2. The WMP indicates that fifty percent of all C&D waste generated by the project shall be diverted (or new diversion goal set in accordance with the applicant's approved diversion exemption request); and

3. The applicant has submitted an appropriate deposit for the project.

C. Use of Contractors. The applicant for a project may submit a WMP and provide disposal using vehicles and forces in the direct employ of the applicant, or the applicant shall use the services of a contractor with a franchise for roll-off containers licensed by the City of Delano and in accordance with Section 13.48.220 of the Delano Municipal Code.

(Ord. 1139 §1(part), 2006).

As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a deposit (cash, letter of credit, performance or surety bond, money order) in the amount set by a resolution of the city council. The deposit shall be returned, without interest, in total or prorated, upon proof of satisfaction by the WMP 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 or stored for later reuse or recycling. If a lesser percentage of construction and demolition waste tonnage than 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 deposit.

(Ord. 1139 §1(part), 2006).

During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste, and keep records of the tonnage or other measurements approved by the City of Delano that can be converted to tonnage amounts. The WMP compliance official will evaluate and may monitor each covered project to determine the percentage of waste salvaged and recycled or reused from the covered project. For covered projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.) and dimensional lumber, wallboard, concrete and corrugated cardboard.

(Ord. 1139 §1(part), 2006).

Within ten working days following the completion of the demolition phase of a covered project, and again within thirty working days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the WMP compliance official that proves compliance with the requirements of Sections 13.52.060 (Waste management plan) and 13.52.030 (Diversion requirement). The WMP compliance official may adopt guidelines for calculation and documentation of the waste disposal report.

If a covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the WMP compliance official before issuance of a building permit for the construction phase of a covered project.

(Ord. 1139 §1(part), 2006).

A. Violation of any provision of this chapter may be enforced by civil action including 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 an applicant who is determined by a court of competent jurisdiction to have violated this chapter.

B. Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed the amount of the deposit set by resolution of the city council.

(Ord. 1139 §1(part), 2006).