La Puente Municipal Code Ch. 4.13 Construction and Demolition Waste Recycling Program

Sections:

• 4.13.010 Declaration of purpose.

• 4.13.020 Definitions.

• 4.13.030 Threshold for covered projects.

• 4.13.040 Exempt projects.

• 4.13.050 Required use of designated construction and demolition recovery facility.

• 4.13.060 Waste management plan required.

• 4.13.070 Diversion security deposit required.

• 4.13.080 Compliance with a waste management plan.

• 4.13.090 Infeasibility exemption.

• 4.13.100 Appeal.

• 4.13.110 Administrative fee.

• 4.13.120 Enforcement.

The purpose of this Chapter is to promote the recycling of construction and demolition debris in order to protect the public health, safety and welfare, and to meet the City's obligations under both Assembly Bill 939 and Senate Bill 1374, and to meet the requirements of the California Green Building Standards Code (CalGreen) as codified under La Puente Municipal Code Chapter 8.48, affecting new development.

(Ord. 957 § 3 (part), 2018)

For the purpose of this Chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:

"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 or approvals to undertake construction, demolition or renovation projects within the City.

"CalGreen" means the 2016 California Green Building Standards Code as amended from time to time, and set forth in Chapter 8.48 of the La Puente Municipal Code.

"Compliance Official" means the City Manager or his/her designee.

"Construction" means the building, enlargement, alteration, or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility, structure, fence, or paving.

"Construction and demolition debris" ("C&D debris") means used or discarded materials removed from a facility, structure, fence, wall or paving, during or after construction or demolition.

"Covered Project" shall have the meaning set forth in Section 4.13.030 of this Chapter.

"Deconstruction" means the careful and systematic dismantling of a facility or structure in order to salvage components for reuse or recycling.

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

"Designated C&D Recovery Facility" means any facility designated by the City to recover C & D debris.

"Divert" means to use material for any purpose other than disposal in a landfill.

"Diversion requirement" means redirection from the waste stream of at least 65% of the total C & D debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption, in which case the diversion requirement shall be established by the Compliance Official.

"Exempt project" shall have the meaning set forth in Section 4.13.040 of this Chapter.

"Project" means any activity which requires an application for a building, grading 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 marketplace in the form of raw material for new, reused or reconstituted products which meet standards necessary to be used in the marketplace.

"Renovation" means any change, addition or modification in an existing structure.

"Reuse" means further or repeated use of materials in their original form.

"Salvage" means the controlled removal of C & D debris from a facility, structure, or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

"Total costs" means the total construction value of the project using standard commercial and residential valuation formulas.

"Waste management plan" ("WMP") means a completed form, approved by the City for the purpose of compliance with this Chapter, identifying C&D debris that will be generated for disposal and recycling.

(Ord. 957 § 3 (part), 2018)

(a) All projects within the City, the total costs of which are, or are projected to be, greater than or equal to $50,000, or which involve the construction, demolition, or renovation of 1,000 square feet or more, shall be considered covered projects and shall meet the diversion requirement and comply with all provisions of this Chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the Compliance Official, shall be deemed a single project.

(b) All projects undertaken by the City whose total costs are equal to or greater than $50,000, or which involve the construction, or renovation of 1,000 square feet or more shall be considered covered projects and shall meet the diversion requirement and comply with all provisions of this Chapter. The City or its designee shall submit a WMP to the Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this Chapter.

(c) Demolition-only projects within the City, which are, or are projected to be, greater than or equal to 300 square feet shall be considered covered projects and shall comply with this Chapter.

(Ord. 957 § 3 (part), 2018)

(a) All projects within the City that do not meet the threshold for covered projects are exempt from the requirements set forth in this Chapter. Applicants for exempt projects are encouraged to divert as much project-related C&D debris as possible.

(b) The following projects are also exempt from the requirements set forth in this Chapter.

(1) Immediate or emergency demolition required to protect the public health, safety or welfare, based on a determination by the Compliance Official or any public safety official or code compliance officer of the City, given prior to demolition.

(2) A project of City public works or City public construction for which the notice inviting bids has been published prior to the effective date of this Chapter.

(3) A project contaminated by hazardous substances or waste as defined by state or federal law.

(Ord. 957 § 3 (part), 2018)

(a) In order to be counted toward the diversion requirement, C&D debris must be taken to a Designated C&D Recovery Facility.

(b) The applicant shall submit all disposal documentation from a Designated C&D Recovery Facility and any Disposal Facilities to assist in determining whether the diversion requirement has been met.

(c) The City shall make available to each applicant a current list of Designated C&D Recovery Facilities.

(Ord. 957 § 3 (part), 2018)

(a) Applicants for any covered project shall complete and submit a WMP on a form approved by the City of as part of the application submittal requirements for a building, grading, demolition or similar permit. The WMP shall include an acknowledgement of responsibility that the Applicant understands the consequences of not meeting the 65% diversion requirement and that the Applicant is responsible for the actions of its contractors and other agents with regard to the diversion requirement. The Applicant will acknowledge this responsibility and indicate so by their signature on the WMP.

(b) In preparing the WMP, applicants for permits involving the removal of all or part of an existing facility, structure or improvement shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage. Reuse will be considered as diversion for the purposes of complying with this Chapter. Applicants shall specify materials designated for reuse, whether on-site or at another site, in the WRAP, and shall specify the proposed method of reuse.

(c) Review of a WMP at Permit Issuance. No building, grading, demolition or similar permit shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the Compliance Official approves the WMP. Approval shall not be required, however, when the City determines an emergency demolition is required to protect public health or safety. A WMP shall receive approval only when the Compliance Official determines that the following conditions have been met:

(1) The WMP provides all of the information requested on the form; and

(2) The WMP indicates how 65% or more of all C&D debris generated by the project will be diverted.

If the Compliance Official determines that these two conditions have been met, the WMP shall be marked as "Approved" and a copy of the WMP returned to the Applicant.

(d) Review - "Further Explanation Required". If the Compliance Official determines that the WMP does not comply with the provisions this Section the Compliance Official shall return the WMP to the applicant marked "Further Explanation Required."

(Ord. 957 § 3 (part), 2018)

Each applicant of a covered project shall submit as part of the WMP a diversion security deposit, in cash or a bond, in the amount of 1% of the total costs for the project or $500, whichever is greater. The deposit shall be returned, without interest, in total or in proportion, upon the Compliance Official's determination, in accordance with Section 4.13.080 that the applicant has satisfied, or failed to satisfy, the diversion requirement approved as part of the WMP.

(Ord. 957 § 3 (part), 2018)

(a) Documentation. Within 30 days after the completion of construction for any covered project, the applicant shall submit documentation demonstrating achievement of the diversion requirement for the project to the Compliance Official. This documentation shall include the following:

(1) A copy of the previously approved project WMP with the addition of recyclable and/or reusable C&D and refuse waste volume or weight data entered on the form;

(2) Original receipts, tickets, or any other documentation from Designated C&D Recovery Facilities that documents disposal for each C&D debris material type by weight or volume and clearly indicates whether each material was landfilled or recycled; and

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

(b) Weighing of Wastes. Applicant shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or to other considerations as determined by the Compliance Official, 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.

(c) Determination of compliance. The Compliance Official shall consider the information submitted pursuant to subsection 4.13.080(a) above, in order to determine whether the applicant has complied with the diversion requirement as follows:

(1) Full compliance. If the reviewing Compliance Official determines that the applicant has fully complied with the diversion requirement of this Chapter, such compliance shall be indicated on the WMP.

(2) Less Than Full Compliance. If the WMP Compliance Official finds that the applicant has not satisfied the diversion requirement for the project, the Official shall calculate the applicant's percentage rate of compliance. The Compliance Official shall then determine whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the Official shall consider the availability of markets for the C&D debris, the size of the project and the documented efforts of the applicant to divert the C&D debris. The Official shall then authorize the release of some or all of the deposit to the applicant. At a minimum, the applicant shall be entitled to a release of that portion of the diversion security deposit which equals the applicant's percentage rate of compliance. Therefore, if the applicant has achieved 60% of the diversion requirement for the project, the Official shall release at least 60% of the diversion security deposit. The Official shall furnish the applicant in writing with the method by which the Official calculated the applicant's percentage of compliance and the reasons for the Official's determination of the amount of the deposit to be released to the applicant.

(3) Non-compliance. If the Compliance Official determines 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 subsection (a) of this Section within the required time period, then the applicant shall be in violation of this Chapter and the entire diversion security deposit shall be deemed forfeited.

(Ord. 957 § 3 (part), 2018)

(a) Application. Prior to commencing demolition or construction for a covered project, an applicant desiring relief from the requirements of this Chapter may seek an exemption from the requirements herein. Said request for an exemption shall be made at the time that the WMP is submitted as required under Section 4.13.060 (a). The applicant shall indicate on the WMP the minimum rate of diversion that is feasible for each material and the specific circumstances that makes it infeasible to comply with the diversion requirement. "Infeasible" means that there is no Designated C&D Recycling Facility within a 50 mile radius of the project area, the location(s) from which the applicant regularly operates its business, or stores its construction or demolition equipment or the applicant will reuse all of the debris from the project onsite. Granting the exemption will not constitute a grant of special privilege inconsistent with limitations imposed on like projects.

(b) Meeting with the Compliance Official. The 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 Compliance Official may request staff from the Designated C&D Recovery Facility to attend this meeting. Based on the information supplied by the applicant and, if applicable, the Designated C&D Recovery Facility staff, the Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

(c) Granting of exemption. If the Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances as set forth in subsection (a) above, the Compliance Official shall determine the minimum feasible diversion rate for each material, if any, and shall indicate this rate on the WMP submitted by the applicant. The Compliance Official shall return a copy of the WMP to the applicant marked "Approved for Infeasibility Exemption."

(d) Denial of exemption. If the Compliance Official determines that the requirements of this subsection (a) are not met, he/she shall furnish the decision to the applicant in writing.

(Ord. 957 § 3 (part), 2018)

(a) Within 10 days after service of a decision of the Compliance Official upon the applicant, he or she may seek review of the decision by filing an appeal with the Director of Development Services. The appeal shall be submitted in writing, and shall include all of the following:

(1) The name and address of the appellant(s)

(2) The decision that is being appealed, and the date of the decision

(3) A summary of the reasons appellant is seeking appeal

(b) The Director of Development Services may either affirm or reverse the decision of the Compliance Official. Said decision shall be made in writing, within 15 days of receipt of the appeal. A decision by the Development Services Director is final, and shall be effective on the date the decision is rendered.

(Ord. 957 § 3 (part), 2018)

As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay the City a fee, established by resolution of the City Council, to compensate the City for the costs incurred in administering this Chapter.

(Ord. 957 § 3 (part), 2018)

Any violation of this Chapter shall be subject to any enforcement remedies available under the law and/or La Puente Municipal Code, including but not limited to Chapter 1.12 and Chapter 3.20. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized under the law. The City may also enforce any violation herein by revoking or suspecting the building, demolition, grading or encroachment permit of the applicant/property owner related to the property covered under the WMP. In addition to the penalties set forth herein, any violation of this Chapter is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 3.20 of the La Puente Municipal Code or any other available legal remedies, including but not limited to declaratory relief and civil injunctions.

(Ord. 957 § 3 (part), 2018)