Huntington Park Municipal Code Ch. 10 Construction and Demolition Material Waste Management Plan

The purpose of this chapter is to fulfill the City's obligation to meet the requirements of California Green Building Standards Code and to reduce the City's landfill waste from construction and demolition materials as required by State requirements.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

For the purposes of this chapter, the definitions of the California Code of Regulations Title 24 as adopted and amended by the City and the following definitions shall apply:

"Recycling coordinator"

means the City Public Works Director or designee.

"Waste hauler"

means a company that possesses a valid permit or contract from or with the City of Huntington Park to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City of Huntington Park's name.

"Waste management plan (WMP)"

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

"Waste management plan compliance official"

means the City Public Works Director or designee.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless a WMP has been reviewed and approved.

(a) Prior to obtaining any construction permit within private property, a waste management plan shall be submitted and approved by City Building Official or by designee in compliance with California Green Code and any applicable local and State regulations.

(b) Prior to obtaining any construction permit within public property, a waste management plan shall be submitted and approved by City Public Works Director or by designee in compliance with California Green Code and any applicable local and State regulations.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

The project applicant shall submit a performance security to the City Finance Department. The amount of the performance security shall be calculated as the lesser of 3% of total cost of the entire project or $30,000.00 but a minimum of $1,000.00. The WMP Compliance Official (WMPCO) or designee may waive the performance security if the total security required pursuant to this section would be $500.00 or less or if the applicant makes written application to the WMPCO demonstrating that the applicant is the property owner of the subject property, a resident or occupant of the subject property, and that the volume of demolished material is not of consequence to the City's compliance effort. It is the applicant's responsibility to provide the burden of proof to the satisfaction of the WMPCO. The project applicant will forfeit the performance security in case of the project applicant's failure to provide documentation within 30 days of project completion in compliance with the approved waste management plan. The forfeited performance security shall be deposited in the Public Works Department's account to be used as reimbursement for the Department of Public Works' costs and expenses of administration and enforcement of this chapter.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

(a) Documentation. Prior to the issuance of any occupancy permit and in no case later than 30 days after the completion of any covered project, the applicant shall submit to the WMP Compliance Official documentation that substantiates that they have met the diversion requirement for the project. Applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:

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

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

(3) A copy of the previously approved WMP or revised WMP for the project adding the actual volume or weight of each material diverted from the landfill; and

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

(b) Determination of Compliance and Release of Performance Security. The WMP Compliance Official or designee shall review the information submitted under subsection (a) of this section to determine whether the applicant has complied with the diversion requirement as follows:

(1) Full Compliance. If the WMP Compliance Official or designee determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the full performance security to be released to the applicant.

(2) Failure to Comply. If the WMP Compliance Official or designee determines that the diversion requirement has not been met, he or she shall return only that portion of the performance security equivalent to the portion of C&D material actually diverted compared to the portion that should have been diverted according to the WMP. Any portion of the performance security not released to the applicant shall be forfeited to the City, and shall be used to recover costs associated with mitigating the City's obligation to comply with California Green Code and applicable State laws and regulations. If the WMP Compliance Official determines that the applicant has fully failed to comply with the diversion requirement or if the applicant fails to submit the documentation required by subsection (a) of this section within the required time period, then the entire performance security shall be forfeited to the City.

If a good faith effort has been made to comply, the applicant may make an appeal in writing for the consideration of the availability of markets for the C&D materials, the size of the project, and the documented efforts of the applicant to divert C&D materials. If the City determines that the applicant has made a good faith effort to comply with this chapter, the City shall notify the WMP Compliance Officer of said decision. The WMP Compliance Officer will then notify Building and Safety so that further processing such as occupancy permits may be issued.

(3) Noncompliance. If it is determined 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 this chapter within the required time periods, the applicant will be deemed to be in violation of this chapter for failure to comply with its requirements.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

(a) Application. If an applicant believes it is infeasible 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 WMP for review by the WMP Compliance Official. Exemptions may be granted based on the following considerations:

(1) Lack of storage space on-site;

(2) Contamination by hazardous substances; and

(3) Low recyclability of specific materials.

(b) Meeting with WMP Compliance Official et al. The WMP Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The WMP Compliance Official, and/or the recycling coordinator may request that staff from the County Department of Public Works, Solid Waste Management Division, meet and assist in determining if it is possible for the applicant to meet the diversion requirement.

(c) Granting of Exemption. If the City 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 and shall indicate this rate on the WMP submitted by the applicant. The WMP Compliance Official shall return a copy of the WMP to the applicant marked "Approved Exemptions" and shall notify Building and Safety that the WMP has been approved.

(d) Denial of Exemption. If the City determines that it is possible for the applicant to meet the diversion requirement, the WMP Compliance Official shall inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with Section 7-10.030. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 7-10.030, the WMP Compliance Official shall deny the WMP and any further submittal for the project will be a new submittal.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

The applicant or any interested person may appeal to the City Council from any ruling of the WMP Compliance Official made pursuant to this chapter in accordance with Section 1-4.01. Notice of any appeal from the ruling of the WMP Compliance Official must be filed within 10 days of the date that such ruling is made.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)

(a) The Director of the Department of Public Works, or designee, is authorized to enforce this chapter as follows:

(1) For the first failure to comply with the provisions of this chapter, the Department of Public Works shall issue to the affected person or legal entity a written notice that includes the following information:

(i) A statement specifying the violation committed;

(ii) A specified time period within which the affected person must correct the failure or file a written notice disputing the notice to comply; and

(iii) A statement of the penalty for continued noncompliance.

(2) For each subsequent failure to comply with any provisions of this chapter following written notice pursuant to this section the Director of the Department of Public Works may levy a penalty not to exceed $500.00. Any statement informing a violator of a citation shall include a notice setting forth the appeal rights provided in Section 7-10.070.

(3) Any person or entity assessed a penalty pursuant to subsection (a)(2) of this section may dispute the penalty by requesting a hearing before the City Council by filing the necessary forms with the City Clerk's office, within 10 days of the date of the penalty assessment that has been issued and in a manner set forth in Section 1-4.03 of this Code. The person or entity shall deposit with the City Finance Department money in the amount of any unpaid penalty due under this chapter or any other monies due the City. If, as a result of the hearing, it is determined that the penalty was wrongly assessed, the City shall refund any money due to the wrongfully assessed penalties that were deposited with the City to the person or entity that deposited same.

(4) It shall not be a defense to the assessment of any penalty or to any other civil enforcement action provided for under this section for a person or entity to assert that any violation of this chapter was caused by the actions of a person or entity other than the person or entity assessed, except if the violation was caused by the criminal or negligent action of a person or entity who was not an agent, servant, employee or family member of the person or entity.

(5) Any penalty collected hereunder shall be deposited in the Public Works Department's account to be used as reimbursement for the Department of Public Works' costs and expenses of administration and enforcement of this chapter.

(b) Any violation of this chapter shall constitute an infraction punishable by a fine of $500.00. Each day that a violation occurs shall constitute a separate offense.

(c) A violation of any provision of this chapter is declared to be a public nuisance and may be abated pursuant to Section 5-11.20 of this Code or by means of a civil action.

(d) The City may enforce the provisions of this chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence.

(e) Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this chapter, may be enjoined by any court of competent jurisdiction.

(f) The penalties and remedies established by this chapter are not exclusive, and nothing in this chapter shall preclude any person, jurisdiction or entity from seeking any other remedies, penalties, or procedures provided by law.

(§ 1, Ord. 747-NS, eff. June 6, 2005, as amended by § 1, Ord. 2016-953, eff. January 5, 2017)