Hawaiian Gardens Municipal Code Ch. 6.14 Construction and Demolition Recycling

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.), the City of Hawaiian Gardens 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 diversion goals or face fines up to $10,000.00 per day.

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 Hawaiian Gardens, 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.

Further, SB 1383 Regulations require that the City adopt an ordinance that requires compliance with the C&D recycling requirements for organic waste commingled with C&D and for 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.

(Ord. 518 § 1, 2007)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

Whenever the following words and phrases are used in this chapter, they shall have the definition or meaning established by this section, unless it is clearly apparent from the context in which the word or phrase appears, that a different definition or meaning is intended. All definitions set forth in Section 6.12.100 are incorporated herein as if set forth fully below.

AB 939 means the California Waste Management Act of 1989, Public Resources Code Section 40000 et seq.

Applicant means any individual, 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.

C&D means construction and demolition.

C&D generator means a residential or commercial entity that produces C&D.

Chief Building Inspector means the designated staff person(s) authorized and responsible for implementing this chapter.

City means the City of Hawaiian Gardens.

Compliance Official means the Community Development Director or authorized designee who is responsible for implementing the C&D debris diversion regulations of the City.

Construction means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

Construction and demolition debris means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

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 waste management plan.

Covered project shall have the meaning set forth in Section 6.14.050 of this chapter.

Demolition means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

Diversion requirement means the percentage of C&D debris for each project that must be diverted from landfills.

Divert means to use material for any lawful purpose other than disposal in a landfill or transformation facility.

Franchise collector means a construction and demolition debris box hauler that has been granted an exclusive construction and demolition debris box franchise by the City, or any hauler licensed to do business within the City should an exclusive franchise with a particular hauler not exist.

Noncovered project shall have the meaning set forth in Section 6.14.050 of this chapter.

Performance security means any performance bond, surety bond, money order, letter of credit, or certificate of deposit or similar financial guarantee as approved by the permitting authority submitted to the City pursuant to Section 6.14.080 of this chapter.

Person means any solid waste enterprise, individual, partnership, joint venture, firm, corporation, nonprofit corporation, association, organization, unincorporated private or public organization, or any other combination or entity.

Project means any activity which requires an application for a building or demolition permit or any similar permit from the City.

Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

Renovation or remodel means any change, addition, or modification of more than 1,000 square feet in an existing structure.

Reuse means further or repeated use of construction or demolition debris.

Salvage means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

Solid waste (refuse for landfill disposal) means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, green waste, recyclable materials, bulky goods, discarded home and industrial appliances, C&D debris, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste or low-level radioactive waste regulated under Chapter 7.6 of Division 20 of the Health and Safety Code, and medical waste which is regulated pursuant to the Medical Waste Management Act of Division 20 of the Health and Safety Code, and abandoned vehicles or parts thereof.

Waste management plan means a completed WMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

(Ord. 518 § 1, 2007)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

All covered projects shall reuse, recycle or divert the minimum percentage of construction and demolition debris generated from landfills or disposal sites. This minimum diversion requirement for construction and demolition debris is 65 percent except for those recyclable materials which are considered a commodity and generally include masonry, scrap wood, metals, plastics, and green waste of which 100 percent of these materials shall be recovered and recycled.

(Ord. 518 § 1, 2007)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

A. Application. If an applicant for a covered project demonstrates to the satisfaction of the City that it is 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 6.14.070.

B. Meeting with Compliance Official. The WMP Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss feasible ways of meeting the diversion requirement. Upon request of the jurisdiction, the WMP Compliance Official may request that staff from the franchise collector attend this meeting or may require the applicant to request a separate meeting with this agency. Based on the information supplied by the applicant and, if applicable, the franchise collector, the WMP Compliance Official shall determine whether it is feasible for the applicant to meet the diversion requirement.

C. 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 ten days to resubmit another WMP, which is in compliance with the new diversion requirement. If the applicant fails to resubmit, or if the resubmitted WMP does not comply with Section 6.14.070 (waste management plan), the WMP Compliance Official shall disapprove the WMP in accordance with Section 6.14.070 (waste management plan).

(Ord. 518 § 1, 2007)

A. Covered projects (construction and renovation). All construction and renovation projects within the City that are 500 square feet or greater shall comply with Chapter 6.14, 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 provisions of Chapter 6.14 shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 6.14.110 (fines/penalties).

B. Covered projects (demolition). All demolition projects within the City shall comply with Chapter 6.14, 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 provisions of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 6.14.110 (fines/penalties).

C. Non-covered projects (construction and renovation). Applicants for construction and renovation projects within the City whose projects are less than 500 square feet are not required, but shall be encouraged, to divert at least 65 percent of all project-related construction and demolition waste.

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. All projects must comply with the California Green Building Standards Code pursuant to Section 15.48.010.

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

H. 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 the public health and safety.

While not required, it shall be encouraged, that at least 65 percent of all project-related construction and demolition waste from exempt projects be diverted.

(Ord. 518 § 1, 2007)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

A. Any person or entity who engages in a covered project within the City that wishes to utilize a debris box collection service to dispose of materials associated with the construction or demolition shall be required to contract with the City franchise collector or any hauler licensed to do business within the City should an exclusive franchise with a particular hauler not exist, in accordance with the terms of the contract between the City and the City's contract hauler, to provide such service. Failure to so contract shall constitute a violation and is subject to the administrative citation process up to and including a misdemeanor complaint.

B. Exceptions to franchise requirements. The following services are excluded from the exclusive construction and demolition franchise requirements:

1. Self haul materials, which are generated by a residential or commercial entity and delivered by that entity directly to a recycling facility, transfer station or disposal facility.

2. Removal of materials from a premises by a contractor as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, construction or similar service offered by that contractor rather than as a hauling service, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company.

3. Removal of construction and demolition debris from a construction site by the construction contractor, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company.

(Ord. 518 § 1, 2007)

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. Whether the applicant proposes to contract with the City franchise collector to haul the materials in a debris collection box;

4. If not using the City franchise collector, what 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;

B. Because actual material weights are not available in this stage, estimates are used. 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 Hawaiian Gardens 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. If this documentation is not included, the WMP shall be deemed incomplete.

1. 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:

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

b. The WMP indicates that 65 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).

2. Non-approval. If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that at least 65 percent (or new diversion goal set in accordance with the applicant's approved diversion exemption request) of all C&D waste generated by the project will be diverted, he or she shall either:

a. Return the WMP to the applicant marked "Disapproved," including a statement of reasons, and will notify the Building Department, which shall then immediately stop processing the building or demolition permit application; or

b. Return the WMP to the applicant marked "Further Explanation Required."

(Ord. 518 § 1, 2007)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

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 of $500.00 for additions and projects that exceed 1,000 square feet, and a $1,000.00 deposit for projects that exceed 2,500 square feet for all projects. The deposit shall be returned, without interest, in total or pro-rated, 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 pro-rated 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. 518 § 1, 2007)

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 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. 518 § 1, 2007)

Within ten days following the completion of the demolition phase of a covered project or within ten 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 6.14.070 (waste management plan) and 6.14.030 (diversion requirement). The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or are to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available.

To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City for this purpose.

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. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the WMP Compliance Official. Any deposit posted pursuant to Section 6.14.080 (deposit required) shall be forfeited if the applicant does not meet the timely reporting requirements of this section.

Shall the applicant utilize the franchise collector for disposal services, it shall be the responsibility of the franchise collector to provide receipts to both the applicant and the City of Hawaiian Gardens indicating the actual waste tonnage recycled. All receipts shall be provided to the applicant and the City of Hawaiian Gardens at no extra cost.

(Ord. 518 § 1, 2007)

Any violation of the provisions of this chapter is subject to the forfeiture of the deposit, civil fines, and the administrative citation process per Chapter 1.13 of the Municipal Code.

Use of the administrative citation process shall be at the sole discretion of the City and is one remedy that the City has to address violations of this chapter and other provisions of the Hawaiian Gardens Municipal Code. By utilizing the administrative citation process, the City does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof, to address any violations of the City's laws, including requirements for the diversion of C&D debris.

This chapter provides for imposition of a civil fine pursuant to a citation for any violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the Code or State law. The City shall have sole discretion to utilize any remedy or remedies as authorized by law.

(Ord. 518 § 1, 2007)

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.

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.

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 Hawaiian Gardens Municipal Code, where the record includes inaccurate information, or where a decision is not supported by the record.

Appeals and the required hearings shall be conducted as provided in Section 18.100.170 appeals, Section 18.100.020 administrative procedures, and Section 66452.5(a) of the Government Code.

(Ord. 518 § 1, 2007)