Laguna Niguel Municipal Code Art. 6 Construction and Demolition Waste Recycling Program

The purpose of this article is to promote the recycling of construction and demolition waste in order to protect the public health, safety and welfare, to assist in meeting the city's obligations under California Waste Management Act of 1989 (Assembly Bill No. 939), and to meet the requirements of the three-year extension approved by the state integrated waste management board under the provisions of Public Resources Code section 41820 (Senate Bill No. 1066).

(Ord. No. 2003-131, § 2, 10-21-03)

(a) Applicant means any individual, firm, company, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever which applies to the city for the applicable permits to undertake any construction or demolition project within the city.

(b) C&D means construction and demolition.

(c) C&D compliance officer means the person designated by the community development director to be authorized and responsible for implementing this article.

(d) City means the City of Laguna Niguel, California.

(e) Construction means the building, rehabilitation, remodeling, renovation or repair of any structure or any portion thereof including any tenant improvements to an existing structure.

(f) Construction and demolition waste means used or discarded materials which results from the construction or demolition of any structure and which is removed from the premises during the construction or demolition.

(g) Covered project means all of the projects that are listed in section 6-3-605, which are the following.

(1) Re-roofing of a structure with the removal of the existing roof.

(2) Renovation of a residential or commercial structure when the project valuation is $10,000.00 or greater.

(3) Renovation that consists of the addition of an accessory structure or an addition to an existing residential or commercial structure, which is 250 square feet or greater in size, or when the project valuation is $10,000.00 or greater.

(4) New construction of a residential or commercial structure.

(5) Demolition of a residential or commercial structure.

(h) Demolition means the demolishing, decimating, razing, ruining, tearing down or wrecking of any structure, whether in whole or in part, and whether the interior or the exterior of any structure.

(i) Divert means to use waste for any purpose other than disposal in a landfill or a transformation facility.

(j) Diversion means a reduction in the amount of waste being deposited in landfills by any of the following methods:

(1) Use of new construction methods, approved by the C&D compliance officer, that reduce the amount of construction and demolition waste generated.

(2) On-site reuse of the construction and demolition waste.

(3) Delivery of the construction and demolition waste from a site to a recycling facility as described in this article.

(4) Other methods approved by the C&D compliance officer.

(k) Diversion requirement means the percentage of construction and demolition waste for each project that must be diverted from landfills.

(l) Exempt project means the projects listed in section 6-3-606.

(m) Project means any activity that requires an application to obtain a building permit, demolition permit, encroachment permit, grading permit, or any similar permit from the city.

(n) Recycle or 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.

(o) Recycling facility shall mean a recycling, composting, materials recovery or reuse facility.

(p) Renovation means any change, addition, or modification in an existing structure.

(q) Reuse means further or repeated use of construction or demolition waste.

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

(s) Security deposit means the cash or cash equivalent required to be deposited by an applicant for a permit for a covered project to insure that the applicant complies with the requirements of section 6-3-602 of this article.

(t) Structure means any building, commercial building, facility, house, industrial building, pavement or anything that has been constructed.

(u) Waste reduction and recycling plan means the plan to divert construction and demolition waste from disposal at landfills that is required to be submitted by applicants for permits for covered projects.

(Ord. No. 2003-131, § 2, 10-21-03)

The following are the duties of the C&D compliance officer.

(1) Develop and make available to applicants forms for the following:

a. Applications for approval of waste reduction and recycling plans.

b. Posting security deposits for permits for covered projects.

c. Applications for exemption from complying with the diversion requirements of this article.

d. Applications for refund of security deposits.

e. Notices of appeal of decisions of the C&D compliance officer.

(2) Develop and disseminate a list of qualified recycling facilities.

(3) Review covered projects to determine whether diversion of at least 50 percent of the construction and demolition waste is possible and to establish for projects for which such diversion is not possible a lower diversion requirement.

(4) Receive, review, approve, conditionally approve, or reject proposed waste reduction and recycling plans.

(5) Determine compliance with the diversion requirements of section 6-3-603.

(6) Review and determine whether to grant or deny exemptions from the diversion requirements pursuant to section 6-3-604.

(7) Determine the amount of the security deposit required for covered projects pursuant to section 6-3-605.

(8) Determine whether to forfeit, refund in whole, or refund in part security deposits pursuant to section 6-3-606.

(Ord. No. 2003-131, § 2, 10-21-03)

(a) As to each covered project, the applicant shall reuse, recycle or divert at least 50 percent of the construction and demolition waste generated from the project. As to any covered project, the C&D compliance officer may, based on a review of the project, determine that the 50 percent diversion requirement is not possible to obtain, and in such case may establish a lower diversion requirement.

(b) Applicants for permits for covered projects must satisfy the requirements of subsection a. to reuse, recycle or divert construction and demolition waste by completing one of the following two sets of actions.

(1) Obtaining approval of a waste reduction and recycling plan for the project from the C&D compliance officer and completing the requirements of the approved plan.

(2) Obtaining for the project a construction and demolition drop off box (DOB) service from a solid waste hauler that holds a franchise for solid waste disposal issued by the city and using that service for the disposal of all construction and demolition waste from the project that is not reused or recycled at the site of the project.

(c) If an applicant chooses not to use the DOB service for a project, then the following is required:

(1) Submittal of a waste reduction and recycling plan for the project with the submittal to the city of the application for the applicable permit for the project.

(2) The plan must include the method by which construction waste and debris will be hauled from the project, the recycling facility to which the debris is to be taken, all the certifications and licenses for the recycling facility, and a description of the method by which the debris will be recycled or reused and how much of the debris will be diverted from disposal in a landfill.

(3) The applicant must pay the fee for the review of and determination of compliance with the waste reduction and recycling plan. This fee shall be paid at the same time as the submittal of the plan to the city.

(4) The applicant must obtain the approval of the plan by the C&D compliance officer. The C&D compliance officer may impose conditions on the approval of a plan.

(5) The applicant must follow and complete the plan.

(d) The C&D compliance officer shall approve a waste reduction and recycling plan only if the owner or operator of each recycling facility identified in the plan has submitted or submits documentation satisfactory to the C&D compliance officer which demonstrates the following:

(1) That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and

(2) The percentage of incoming waste from construction and demolition activities that is diverted from landfill disposal meets the required minimum percentage set forth in this article.

The C&D compliance officer shall make available to each applicant a current approved list of qualified recycling facilities.

(e) A fee for the review and determination of compliance with waste reduction and recycling plans may be established by resolution of the city council.

(f) Each applicant who applies for a permit for a covered project, shall post a security deposit to guarantee performance of the diversion requirements of this article. The security deposit shall be posted with the city 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.

(Ord. No. 2003-131, § 2, 10-21-03)

(a) The following projects are exempt from the requirements of section 6-3-603.

(1) Work for which only a plumbing, electrical, or mechanical permit is required.

(2) Seismic tie-down projects.

(3) Installation of prefabricated patio enclosures and covers when no foundation or other structural building modifications are required.

(4) Installation of prefabricated accessories such as signs or antennas where no structural building modifications are required.

(5) Projects less than 250 square feet in size.

(6) Projects which have a valuation of less than $10,000.00.

(7) Projects which involve a roof, but the tear-off of the existing roof is not required.

(8) The construction of new fencing.

(9) Construction or demolition work that the C&D compliance officer determines will not produce construction or demolition waste.

(b) If an applicant for a project wants to obtain an exemption for that project, then the applicant shall file with the city an application for exemption. The applicant shall comply with the following:

(1) The application shall be filed with the C&D compliance officer.

(2) The application will state the facts and reasons supporting the exemption.

(c) The C&D compliance officer shall review each application for exemptions and determine whether an exemption is allowed by this section and communicate that decision to the applicant.

(Ord. No. 2003-131, § 2, 10-21-03)

(a) The amount of the security deposit for covered projects shall be as follows:

(1) $250.00 for re-roofing with tear-off of the existing roof.

(2) $500.00 for the renovation of a residential or commercial structure, where the project valuation is $10,000.00 or greater (except for renovations consisting of additions, which are addressed in subparagraph (3)).

(3) $750.00 for a renovation that consists of the addition of an accessory structure or an addition to an existing residential or commercial structure, which is 250 square feet or greater in size, or when, the project valuation is $10,000.00 or greater.

(4) $1,000.00 for new construction of a residential or commercial structure.

(5) $1,000.00 for the demolition of a residential or commercial structure.

(b) The C&D compliance officer may reduce the amount of the security deposit for a project if he determines that the above deposit is too large compared to the amount of construction and demolition waste that would be generated by the project.

(Ord. No. 2003-131, § 2, 10-21-03)

(a) An applicant may obtain a refund of a security deposit for a project by complying with the following:

(1) The applicant shall file an application for a refund with the C&D compliance officer.

(2) The application shall include information demonstrating that either the applicant has complied with the required waste reduction and recycling plan, or the applicant has obtained and utilized DOB service for the project.

(b) The C&D compliance officer shall refund the security deposit for a project when any of the following apply.

(1) The security deposit was erroneously paid or collected.

(2) The application for the permit is withdrawn or canceled before any construction work has commenced.

(3) The minimum required diversion percentage of construction and demolition waste generated by the project was diverted from landfill disposal.

(4) The minimum diversion requirement has not been achieved, but the C&D compliance officer determines that the applicant has made a good faith effort to comply with the diversion requirements of this article and it is not practicable or feasible for the applicant to meet the diversion requirement.

(5) The applicant has complied with and performed all the requirements of the waste reduction and recycling plan for the project.

(6) The applicant has obtained DOB service for the project and used the service at the project site continuously until completion of the project.

(c) The C&D compliance officer may authorize a partial refund of a security deposit when less than the minimum diversion requirement has been met.

(Ord. No. 2003-131, § 2, 10-21-03)

If the C&D compliance officer determines that the applicant has not made a good faith effort to comply with this article, or if the applicant fails to submit the documentation required by section 6-3-606, then the security deposit shall be forfeited to the city.

(Ord. No. 2003-131, § 2, 10-21-03)

Security deposits, including forfeited security deposits pursuant to section 6-3-607, received by the city shall be used for solid waste and recycling related purposes and other lawful purposes, including but not limited to the following:

(1) Payment of refunds, including partial refunds, of security deposits.

(2) Administrative costs of the construction and demolition waste recycling program, which are not covered by the application fee established pursuant to this article.

(3) Programs to divert construction and demolition waste from landfill disposal and other recycling programs.

(4) Programs intended to develop or improve the infrastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs.

(5) The funding of additional programs and activities that are approved by the city council for any or all of the following purposes:

a. To encourage the salvage, reuse, and recycling of solid waste, including construction and demolition waste.

b. To assist local schools in developing educational programs relating to recycling and solid waste disposal and implementing waste reduction, recycling, and diversion plans and activities.

c. To develop and implement new recycling or disposal programs for unique items in the waste stream, including, without limitation, universal waste, batteries, sharps, and fluorescent lights.

d. To develop and implement additional outreach and education programs and projects that assist the city in achieving its sustainability goals, including energy and water conservation, pollution prevention, reduction of solid waste from landfill disposal, reduction of greenhouse gas emissions and similar programs related to environmental issues.

e. Programs and staff for recycling implementation and education efforts.

f. Educate generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives.

g. Review accuracy of contracted hauler reports, waste reduction and recycling plans and other records for collection, processing, and marketing of divertible materials and for collection and disposal of municipal solid waste.

h. To further develop environmental sustainability efforts within the city.

i. Transfer to the general fund.

(Ord. No. 2003-131, § 2, 10-21-03; Ord. No. 2023-224, § 2, 9-5-23)

(a) Applicants may appeal to the community development director any decision of the C&D compliance officer, including denial of exemptions, refusal to approve waste reduction and recycling plans, and refusals to refund security deposits (also known as "security deposit forfeiture").

(b) A notice of appeal from the decision of the C&D compliance officer must be filed with the community development director within ten calendar days of the date that the decision being appealed was made by the C&D compliance officer.

(c) For purposes of this section, security deposit forfeiture shall be administered as an administrative citation for failure of applicant to fulfill all Construction and Demolition Waste Recycling Program requirements. All notice, notice contents, procedures, administrative hearing requests and procedures, decisions, and rights to judicial review shall be made and enforced pursuant to article 2 (Administrative Citations) of division 3 (Citations in Lieu of Arraignment) of title 1 (General Provisions) commencing with section 1-3-11 of this municipal code.

(d) The notice of appeal shall set forth the particular decision or decisions being appealed, the reasons the appellant contends that the decision or decisions are incorrect, and all supporting documentation.

(e) The failure to file a notice of appeal of a decision made by the C&D compliance officer within the time prescribed herein shall constitute a waiver of any complaint or objection to that decision and such decision shall be final.

(f) The community development director shall review the notice of appeal and supporting documentation, hold a hearing where applicable, and render a decision on the appeal.

(Ord. No. 2003-131, § 2, 10-21-03; Ord. No. 2023-224, § 5, 9-5-23)

(a) It shall be unlawful for any person to engage in the construction or demolition of a covered project contrary to or in violation of any provision of this article.

(b) If violations of the provisions of this article exist as to a project, the issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected.

(c) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted, and upon such conviction of any such violation, such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both fine and imprisonment.

(Ord. No. 2003-131, § 2, 10-21-03)