Duarte Municipal Code Ch. 6.10 Diversion of Construction and Demolition Waste

The purpose of this chapter is to promote the diversion of construction and demolition waste in order to protect the public health, safety and welfare and to meet the city's obligations under the California Waste Management Act (Cal. Pub. Res. Code § 40000 et seq.).

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

For the purpose of this chapter, the following definitions shall apply:

(a) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, contractor, subcontractor, or any other person or entity whatsoever who is required to apply to the city for the applicable permits to undertake any construction or demolition, as herein defined, project within the city.

(b) "C&D compliance official" means the community development director or one or more persons designated by the community development director as authorized and responsible for implementing this chapter.

(c) "City-certified C&D processing facility" means a recycling, processing, composting, materials recovery, or re-use facility for which the C&D compliance official has issued a certification.

(d) "Conditioned space" means a space in a building that is either mechanically heated or cooled.

(e) "Construction" means the building, rehabilitation, remodeling, renovation, repair, or landscaping of any land, improvement, facility, or structure, or any paved or covered surface, or any portion of the foregoing, including any tenant improvements to an existing facility or structure.

(f) "Construction and demolition waste" or "C&D waste" means (1) all waste building materials resulting from construction or demolition operations as such waste is defined in subdivision (e) of Section 17381 of Title XIV of the California Code of Regulations, and (2) to the extent not included within the definition set forth in clause (1), also (a) building materials including, but not limited to, wood, lumber, asphalt, concrete, rock, stone, brick, metal, glass, gypsum, and wall board; (b) wood materials including, but not limited to, any and all dimensioned lumber, fencing, or construction wood that is not chemically treated, creosoted, chromated copper arsenate (CCA) pressure treated, contaminated, or painted; (c) vegetative and landscape materials including, but not limited to, trees, tree parts, tree remains, shrubs, stumps, rocks, logs, brush or any other type of plants; (d) metals including, but not limited to, all metal scrap such as pipes, siding, window frames, door frames, garage doors, and fences; (e) roofing materials including, but not limited to, wood shingles and asphalt-, stone-, and slate-based roofing materials; (f) asphaltic or concrete materials used in paving of parking lots, roadways, and other surfaces; and (g) salvageable materials including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bathtubs, hardware, and appliances.

(g) "Construction and demolition waste diversion and disposal report" or "C&D disposal report" shall have the meaning set forth in Section 6.10.090 of this chapter.

(h) "Covered project" shall have the meaning set forth in Section 6.10.030 of this chapter.

(i) "Demolition" means the decimating, razing, ruining, scraping, tearing down, removing, or wrecking of any land, facility, improvement, structure, building, pavement, wall, or fence, whether in whole or in part, whether interior or exterior.

(j) "Divert", "diverted," or "diversion" means to recycle, reuse, or salvage, or a combination of recycling, reusing, and salvaging, C&D waste to avoid disposal in a landfill or transformation facility.

(k) "Non-covered project" shall have the meaning set forth in Section 6.10.030 of this chapter.

(l) "Recycle" and "reuse" means the process of collecting, sorting, treating, and reconstituting C&D waste, that would otherwise be disposed of in a landfill, for use as raw material for new, reused, or reconstituted products which meet industry standards.

(m) "Salvage" means the controlled removal or materials from a project for the purpose of reuse, or for storage for later reuse.

(n) "Security deposit" means the deposit required as security for performance for covered projects to ensure that the applicant complies with the requirements of this chapter.

(o) "Waste management and diversion plan" or "C&D diversion plan" shall have the meaning set forth in Section 6.10.050 of this chapter.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) COVERED PROJECTS. Except as specifically exempted pursuant to subsection (b) of this section, all construction and demolition projects within the city are projects to which the requirements of this chapter apply and are deemed "covered projects," including, but not limited to, projects within the city requiring a building, demolition, grading, encroachment, or other permit. Concurrent permits at the same site shall be considered "one" covered project.

(b) NON-COVERED PROJECTS. The following shall not constitute covered projects for purposes of this chapter:

(1) Alterations to existing residential structures where the building's conditioned area, volume, or size is not increased.

(2) Seismic tie-down projects.

(3) Non-permitted structures.

(4) Projects that do not require a building permit.

(5) Demolition of one hundred square-feet or less of hardscape

(6) Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.

(7) Other projects that the C&D compliance official determines shall produce no, or only a de minimis quantity of, C&D waste.

(8) Emergency demolition projects required to protect the public health or safety as determined by the C&D compliance official.

(9) Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.

(c) APPLICATION FOR EXEMPTION. In order for an applicant to receive a determination that a project is a non-covered project on the grounds that the project falls within one of the exempt categories set forth in subdivision (b), the applicant shall submit an applicant for exemption, on a form created by the C&D compliance official who shall grant the exemption request if the otherwise covered project meets one or more of the exemptions set forth in subdivision (b) of this section.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

Every applicant shall divert from the landfills or disposal sites a minimum of sixty-five percent, measured by weight, of all C&D waste generated as a result of any covered project.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) Every applicant shall, as part of an application for an applicable permit for the covered project, and as a condition precedent to the issuance of a building, demolition, grading, encroachment, or other permit for any covered project, complete and submit to the C&D compliance official a waste management and diversion plan ("C&D diversion plan") on a form prescribed by the city.

(b) The C&D compliance official is authorized to create guidelines setting forth the information to be included in a C&D diversion plan, as well as the form thereof. At a minimum, the C&D diversion plan shall delineate all of the following:

(1) The C&D waste to be generated by the covered project.

(2) The estimated weight of C&D waste to be generated by the covered project, listed by material types.

(3) The estimated weight of C&D waste to be generated by the covered project to be diverted, listed by material types.

(4) The facility or facilities to which C&D waste will be taken, listed by material types.

(5) The estimated weight of C&D waste generated by the covered project that will be not be diverted (e.g., landfilled), listed by material types.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

Except as otherwise specified in this chapter, every applicant shall, as part of the application for a building, demolition, grading, encroachment, or other permit for a covered project, post a security deposit with the city in the amount set forth by resolution of the city council. The security deposit shall be remitted at the same time the permit application is filed, and shall be in the form of cash or cash equivalent, such as a cashier's check, money order, or credit card payment to the city.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) Notwithstanding any other provision of this chapter, no building, demolition, grading, encroachment, or other permit shall be issued by the city for any covered project prior to approval of the C&D diversion plan by the C&D compliance official. Approval shall not be required if an emergency demolition is required to protect public health or safety in accordance with subsection 6.10.030(b)(8) of this chapter.

(b) The C&D compliance official shall approve a C&D diversion plan only if:

(1) The C&D diversion plan provides all the information set forth in Section 6.10.050 and complies with all guidelines as may be established by the C&D compliance official; and,

(2) The applicant has paid the security deposit required by Section 6.10.060.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) During the covered project, the applicant shall divert the required percentages of C&D waste and keep records thereof in weight or in other measurements that can be converted to weight. The C&D compliance official, or authorized designee, may monitor and evaluate all or selected covered projects to gauge the percentage of materials diverted.

(b) Diversion shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. To the maximum extent feasible, the applicant shall provide for on-site separation of scrap wood and clean green waste in a designated debris box or boxes to permit chipping and mulching for soil enhancement or land cover purposes. To protect chipping and grinding machinery, metal and other materials which cannot be chipped or ground shall not be placed in such boxes. On-site separation shall be undertaken for wallboard to the extent feasible.

(c) All onsite roll-off containers must be provided by the city's solid waste and recyclable hauling contractor.

(d) Applicants shall make every structure planned for demolition available for salvage, recycling, and reuse prior to demolition and to recover the maximum feasible amount of salvageable, recyclable, and reusable materials prior to demolition. Salvaged, recyclable, or reusable materials from the demolition shall be counted towards the diversion requirements of this chapter.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) Within sixty days following the completion of a covered project, the applicant shall, as a condition precedent to the final inspection, issuance of any certificate of occupancy, and the release of the applicant's security deposit (less the administrative fee), submit to the C&D compliance official a construction and demolition waste diversion and disposal report ("C&D disposal report") confirming the applicant's compliance with the requirements of its C&D diversion plan.

(b) The C&D compliance official is authorized to create guidelines setting forth the information to be included in a C&D disposal report, as well as the form thereof. At a minimum, the C&D disposal report shall contain all of the following:

(1) The actual weight of C&D waste generated by the covered project that was diverted, by material type, the diversion method utilized, and the actual weight of C&D waste that was not diverted, supported by evidence deemed reasonably satisfactory by the C&D compliance official to demonstrate the accuracy of the information supplied (such as originals or photocopies of receipts and weight tags or other records of measurement from recycling companies, contractors and/or landfill and disposal companies).

(2) The identity of any processing facility utilized to divert C&D waste generated at the covered project.

(3) Any barriers encountered that prevented diversion of C&D waste.

(4) Any recommended actions that would further the efforts to divert C&D waste.

(c) If the covered project involves both demolition and construction, the C&D disposal report and supporting documentation for the demolition component shall be submitted to, and approved by, the C&D compliance official before issuance of the building permit for the construction component.

(d) The security deposit posted pursuant to Section 6.10.060 shall be forfeited if the applicant does not timely meet the reporting requirements of this section, and the requirements of this section shall remain applicable notwithstanding such forfeiture of the security deposit.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) The C&D compliance official shall authorize the refund of a security deposit in the following circumstances:

(1) If the C&D compliance official determines the security deposit was erroneously collected by the city;

(2) If the building, demolition, grading, encroachment, or other permit application for the covered project is withdrawn or cancelled before any work has begun; or

(3) if the applicant timely submits the C&D disposal report and supporting documentation in compliance with Section 6.10.090, demonstrating the sixty-five percent minimum diversion requirement set forth in Section 6.10.040 has been met.

(b) The C&D compliance official may authorize a partial refund of a security deposit if the applicant timely submits the C&D disposal report in compliance with the requirements of Section 6.10.090, but less than the minimum diversion requirement is met. The partial refund shall not exceed a percentage of the security deposit that is equal to the demonstrated diversion rate for C&D waste generated by the covered project.

(c) The C&D compliance official may return all of the security deposit if the sixty-five percent minimum diversion requirement of Section 6.10.040 is not met, but the C&D compliance official has determined that the applicant has demonstrated a good faith effort to comply with the requirements of this chapter, and was prevented from doing so by factors not caused by, and outside the control of, the applicant. The C&D compliance official may consider information submitted by the applicant, including the availability of markets for the C&D waste that was not diverted, the size and type of the covered project, the documented efforts of the applicant to divert C&D waste, and barriers to diversion encountered by the applicant.

(d) If a covered project involves both demolition and construction, and if the applicant does not meet the sixty-five percent minimum diversion requirement for the demolition phase, the C&D compliance official may, as an alternative to the other remedies set forth in this chapter, and as a prerequisite to the return of the security deposit, require a diversion rate for the construction phase of the covered project which is high enough to ensure that the combined diversion rate for entirety of the covered project (i.e., both demolition and construction) meets the sixty-five percent minimum diversion requirement.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

If the C&D compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to timely submit a complete and accurate C&D disposal report including supporting documentation, the deposit shall be forfeited to the city.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) The C&D compliance official may promulgate regulations and procedures to certify a facility as a city-certified C&D processing facility. Such regulations and procedures, if promulgated by the C&D compliance official, shall, at a minimum require the owner or operator of the facility to demonstrate to the reasonable satisfaction of the C&D compliance official:

(1) That the facility will be able to obtain a diversion rate of not less than sixty-five percent for all C&D waste delivered to it from covered projects in the city; and

(2) That the facility will provide documentation satisfactory to the C&D compliance official, at such intervals as the C&D compliance official may require, demonstrating a diversion rate of not less than sixty-five percent has been achieved for all C&D waste delivered to it from covered projects in the city.

(b) If the C&D compliance official promulgates regulations and procedures regarding the city certification of processing facilities, the city may impose an application fee to cover the cost of the C&D compliance official's review of and processing of such application. Any such application fee shall be set by resolution of the city council.

(c) Any city certification issued shall have a maximum term of one year and may be renewed by the owner or operator of the processing facility upon application to the C&D compliance official.

(d) The C&D compliance official may revoke any certification granted pursuant to the regulations.

(e) The city shall make available to each applicant a list of city-certified C&D processing facilities, if any.

(f) Notwithstanding anything in this Section 6.10.120 to the contrary, nothing herein shall require the C&D compliance official to promulgate regulations and procedures for certifying processing facilities as city-certified processing facilities, or require the city to certify any processing facility as a city-certified processing facility.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

As a part of an application for, and as a condition precedent to the issuance of, any building, demolition, grading, encroachment, or other for a covered project, the applicant shall pay to the city a cash fee sufficient to compensate the city for all expenses incurred in administering this chapter, including reviewing the C&D diversion plan and C&D disposal report. The amount of this fee shall be set forth in a resolution of the city council. The administrative fee shall be deducted from the deposit and shall not be returned or refunded to the applicant. The administrative fee shall be waived for any covered project in which one hundred percent of the C&D waste is removed from the site by the city's franchised waste hauler.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

The applicant or any interested person may appeal in writing to the city manager any decision of the C&D compliance official. Notice of any appeal from the decision of the C&D compliance official must be filed in writing with the city manager's office within ten calendar days of the date of the decision being appealed. The written notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a written notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the C&D compliance official and such decision(s) shall be final. In the event of a timely appeal in accordance with the requirements of this section, the decision of the city manager shall be final. The fee for any appeal authorized herein shall be as set forth by resolution of the city council.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)

(a) Any person violating any provision of this chapter shall be subject to the provisions of Title 1 of this code. Violations may also be enforced by civil action including an action for injunctive relief. City may recover is legal costs, including but not limited to its attorneys' fees, in any action to enforce provisions of this chapter.

(b) Where the violation is the failure to achieve the sixty-five percent minimum diversion requirement and the C&D waste from the covered project has already failed to have been diverted, the violation shall be deemed to have ceased after a period of ten days.

(Ord. 774 § 1 (part), 2004)

(Ord. No. 889, § 1, 2-12-2019)