Kingsburg Municipal Code Ch. 8.14 Recycling and Diversion of Construction and Demolition Debris

A. Pursuant to the California Waste Management Act of 1989 (Public Resources Code §§ 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals.

B. Debris from construction, demolition, and renovation of buildings and structures represents a particularly suitable portion of the volume of waste presently coming from the city for recycling and reuse.

(Ord. No. 2014-06, § 1, 10-1-2014)

"Applicant": 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 construction, remodeling or demolition of a building or structure within the city.

"Approved processing site": A Facility identified in the Waste Management Plan and permitted by the California Department of Resource Recycling and Recovery for the processing of construction and demolition debris.

"Approved recycling facility": A facility identified in the waste management plan and listed in the California Department of Resources Recycling and Recovery construction and demolition debris recyclers database.

"Authorized C&D debris collector or franchised hauler": The persons or entities authorized by the city through a non-exclusive franchise to collect construction and demolition debris in the city.

"Compliance official": The designated staff person authorized and responsible for implementing this chapter and approving waste management plans.

"Construction and demolition debris or C&D debris": The discarded materials from the construction, renovation, or demolition of a building or structure, generally considered to be not water soluble and non-hazardous in nature, including but not limited to cardboard, plastic, wood, steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, metal scraps and lumber. C&D debris also includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

"Covered project": Any project which meets the thresholds set forth in Section 8.14.050.

"Diversion": To use material for any purpose other than disposal in a landfill or transformation facility. Methods to divert materials from landfills include reuse, salvage, and recycling.

"Recycling": 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.

"Reuse": The use, in the same or similar form as it was produced, of a material that might otherwise be discarded.

"Salvage": The controlled removal of construction or demolition debris from a building construction, renovation, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

"Waste management plan or WMP": A completed waste management plan approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

(Ord. No. 2014-06, § 1, 10-1-2014)

At least ninety percent (90%) of all concrete and asphalt and seventy-five (75) percent of all other C&D debris from a covered project shall be diverted from disposal.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. Application: If the unique characteristics of a covered project will make in infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time the applicant submits the waste management plan.

B. The 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. Based on the information supplied by the applicant, the compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.

C. If the compliance official determines that the unique characteristics of the covered project makes it not feasible for the applicant to meet the diversion requirement, the compliance official shall determine the maximum feasible diversion rate for C&D debris generated by the covered project and shall identify the new diversion requirement the applicant shall be required to meet. The Applicant shall then have thirty (30) days to resubmit another WMP, in compliance with the new diversion requirement.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. Existing Buildings: The construction or renovation of any existing structure or building within the city, the total costs of which are projected to be equal or greater than fifty thousand dollars ($50,000.00), shall obtain approval of a WMP prior to beginning any construction activities.

B. Demolition: All demolition projects within the city, the total costs of which are projected to be equal or greater than five thousand dollars ($5,000.00), shall obtain approval of a WMP prior to beginning any demolition activities.

C. New Structures or Buildings: All new residential, commercial and industrial construction within the city shall submit and obtain approval for a waste management plan prior to beginning any construction activities.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. Prior to commencing a covered project, an applicant, except when using an au-thorized C&D debris collector, shall submit a complete waste management plan to the compliance official. The completed WMP shall contain the following:

1. Estimated volume or weight of C&D debris to be generated by the covered project and material type;

2. Determination if the materials will be sorted on-site or mixed;

3. Anticipated volume or weight of material that can be diverted via reuse, recycling or salvage by material type;

4. The name and location of the approved processing site and/or approved recycling facility the materials will be hauled to;

5. Identification of the persons and/or entities that will be transporting the materials and a description of the method used to transport the materials.

6. Estimated volume or weight of C&D Debris that will be disposed at a landfill.

B. Approval of the WMP shall be required prior to the issuance of any building or demolition permit.

C. Approval of a WMP shall not be required where emergency demolition is required to protect public health or safety.

D. The compliance official shall only approve a WMP if it is determined 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 satisfies the diversion requirement for all C&D debris generated by the covered project or the revised diversion goal identified in accordance with the applicant's approved diversion exemption request.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. Except when using an authorized C&D debris collector, following the completion 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 a covered project, submit documentation to the compliance official that evidences compliance with all the requirements of the WMP. The documentation shall consist of a final completed WMP showing:

1. Actual volume or weight of waste generated by material type;

2. The volume or weight of material that was diverted via reuse, recycling or salvage by material type;

3. The name and location of the approved processing site and/or approved recycling facility the materials were hauled to;

4. Actual volume or weight of C&D debris disposed of at a landfill.

B. To the extent practical C&D debris shall be weighed. When weighing is not practical due to size or other considerations, a volumetric measurement can be used at the discretion of the compliance official.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. An applicant that chooses to utilize an authorized C&D debris franchise hauler to haul and dispose of all C&D debris from a covered project shall be exempt from the WMP requirements of Section 8.14.060 and the reporting requirements of Section 8.14.070. In such cases, the applicant must:

1. Submit to the compliance officer, in lieu of a WMP required by Section 8.14.060 and prior to the issuance of a building or demolition permit, a statement identifying the C&D debris franchised hauler who will remove the C&D debris from the covered project. The applicant shall include a copy of the contract evidencing that the C&D franchised hauler has been hired to remove the C&D debris from the covered project.

2. Submit to the compliance officer, in lieu of the reporting required by Section 8.14.070 and as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of a covered project, certification that all C&D debris from the covered project was removed by the C&D debris franchise hauler. Said certification shall clearly indicate total tons removed by the C&D debris franchise hauler which was diverted via reuse, recycling or salvage and the total tons removed by the C&D debris franchise hauler disposed of at a landfill.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. Requirement. Effective October 31, 2014, no person shall provide the collection of C&D debris in the city unless they first receive a franchise to engage in such activity from the city. The city shall retain the right to provide C&D debris collection services for materials collected from city facilities and parks, and from special events and venues sponsored by the city, provided that such collection shall be performed by city crews or the city's exclusive solid waste, recyclables and green waste franchisee.

B. Non-Exclusive Rights. C&D debris collection services in the city are considered non-exclusive, and such service may be provided by any person granted a nonexclusive C&D Debris collection franchise with the city.

C. Eligibility. A nonexclusive franchise may be granted by the city council to any person, business, or entity which satisfies the requirements of this section. The city council may impose a limit on the number of franchisees when in the opinion of the city council it is in the public interest to restrict the number of franchisees.

D. Application for Non-Exclusive Franchise. All applications to provide C&D debris collection service shall be filed with the director of public works and contain the following information, plus such other information as the director public works may deem necessary:

1. Applicant Information: Provide a cover letter that includes the following applicant information. The cover letter shall be signed by the applicant, if the applicant is a sole proprietorship or by an officer of the applicant if the applicant is a legal entity, submitting the application, who is duly authorized to bind the applicant to the terms and conditions of the application and the non-exclusive franchise:

a. Company Name.

(i) Form of business organization (sole proprietorship, partnership (includes limited or general, corporation, limited liability company), etc.

(ii) Contact name, title, phone, fax, and e-mail address.

(iii) Business mailing address.

(iv) Names of persons doing business under fictitious name (if applicable).

(v) Names of partners of partnership or members of LLCs (if applicable).

(vi) Names of officers of corporation (if applicable).

b. Qualifications Information.

(i) Description of Applicant. A detailed statement of the corporate or other business entity organization of the applicant.

(ii) Municipal references.

(iii) Customer references.

(iv) Proof of insurance.

(v) History of litigation, regulatory actions, and liquidated damages.

(vi) Criminal history.

(vii) City of Kingsburg business license.

c. Operations Information.

(i) Diversion Plan—A plan describing how the applicant will satisfy the diversion requirements of the C&D debris collected.

(ii) Estimated number of vehicles.

(iii) Estimated number of containers.

(iv) Hazardous waste procedures.

(v) Billing procedures.

(vi) Approved processing site and approved recycling facility.

d. Signed Non-Exclusive Franchise Agreement. Two (2) executed copies of the city's standard non-exclusive franchise agreement shall be attached to the application.

e. Application Fee. A non-refundable application fee in an amount as set forth in the city's master fee schedule shall accompany the application to pay for the costs of studying, investigating, and otherwise processing the application.

E. Application Submittal. The director of public works shall accept new applications annually from March 1 through April 30.

F. Application Review. The director of public works shall evaluate any and all applications and provide a written recommendation to the city manager as to the qualifications and capabilities of the applicant. In order to receive a recommendation for approval, the applicant must demonstrate, by experience, reputation, and capacity, that it is qualified to provide the C&D debris collection services, that it has the necessary equipment to transport such material to appropriate places for recycling, processing, and/or disposal, and that it will meet the diversion requirements of this chapter.

G. Waive Irregularities. The city council may, in its discretion, waive any minor irregularities contained in an application.

H. Franchise Procedure. The procedures set forth in this chapter shall govern the procedure for granting or denying the non-exclusive C&D debris collection franchises. The city council may adopt by resolution such additional procedures not inconsistent with this chapter.

I. Non-Exclusive Franchise Agreements, Required Terms. The director of public works shall prepare a standard form of non-exclusive C&D debris collection franchise agreement. Each franchise agreement shall include the following terms:

1. Term. The duration of the franchise agreement shall be a term of two (2) years, unless terminated sooner.

2. Scope of Agreement. The franchise agreement shall identify the scope of the services to be provided by the franchisee, the processing and disposal locations to be used by franchisee, and other similar matters relating to the collection, transportation, recycling, processing, and disposal services to be provided by the franchise.

3. Public Education. The franchise agreement shall provide for the franchisee to prepare and distributed information to its customers describing how to prepare material covered by the franchise for collection, materials that are excluded from collection, and related matters.

4. Performance Standards. The franchise agreement shall specify the hours of collection, the manner in which containers will be serviced, franchisee responsibility for vehicle appearance, maintenance, and related matters, and hazardous waste inspection and handling.

5. Record Keeping and Reporting. The franchise agreement shall require the franchisee to maintain accurate accounting, statistical, and other records relating to services provided under the franchise, report submittal requirements, and related matters.

6. Franchise Fees and Administrative Charges. The franchise agreement shall state the amount of the franchise fee and other charges to be paid by the franchisee as consideration for the contractual right to provide the services covered by the franchise agreement in the city. The franchise fee shall be one thousand dollars ($1,000.00) for each two-year franchise or portion thereof.

7. Indemnity and Insurance Requirements. The franchise agreement shall contain appropriate indemnity and defense provisions, and insurance requirements.

8. Default. The franchise agreement shall identify the events that constitute a default thereunder, as well as the remedies available to the non-defaulting party.

J. Each franchise agreement shall be submitted to the City Council for approval at the same time a recommendation for approval of a franchisee is made.

(Ord. No. 2014-06, § 1, 10-1-2014)

A. Violation of any provisions 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 attorneys' fees and costs from an applicant who is determined by the court to have violated this chapter.

B. Violation of any provisions of this chapter shall constitute an infraction punishable by a fine in an amount established by resolution of the city council. There shall be a separate infraction for each day on which a violation occurs. Where the violation is the failure to achieve the diversion requirements applicable to the covered project and the C&D debris from the covered project have already been disposed, the violation shall be deemed to have ceased after a period of ten (10) days. The city shall recover costs and attorneys' fees incurred in connection with enforcement of this chapter.

(Ord. No. 2014-06, § 1, 10-1-2014)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.

(Ord. No. 2014-06, § 1, 10-1-2014)