Los Alamitos Municipal Code Ch. 8.13 Construction and Demolition Waste

The purpose of this chapter is to reduce the amount of waste generated within the city of Los Alamitos which is ultimately disposed of in landfills by requiring the project applicant for every project covered by this chapter to divert a minimum of 50% of the construction and demolition debris resulting from that project, in compliance with state and local statutory goals and policies, and to create a mechanism to secure compliance with the stated diversion requirements.

(Ord. 07-03 § 1)

Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter:

"Applicant"

means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity or person whatsoever who applies to the city for any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.

"Building official"

means the chief building official of the city.

"Construction"

means the building or enlargement of any facility or structure, or any portion thereof, including but not limited to tenant improvements, to any new or existing facility or structure in the city.

"Construction and demolition waste" or "(C & D)"

means any solid waste, materials, or debris used, discarded, or generated as the result of construction, renovation, remodeling, repair, or demolition operations, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"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"

is any construction, demolition, or renovation project within the city in which the total square footage is, or is projected to be, greater than or equal to 2,500 square feet which requires an application for a building or demolition permit or any similar permit from the city.

"Deconstruction"

is to disassemble any facility, structure, or building, whether in whole or in part, whether interior or exterior, piece-by-piece in order to salvage the parts.

"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.

"Divert"

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

"Diversion requirement"

means the diversion of at least 50% of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.13.060, in which the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan compliance official for the project.

"Non-covered project"

means any construction, demolition, or renovation project within the city in which the total square footage is less than 2,500 square feet.

"Permit"

means any building or demolition permit issued for a covered project.

"Renovation"

means any change, addition, or modification to an existing structure.

"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.

"Waste management plan" or "WMP"

means a completed WMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

"WMP compliance official"

means the assistant to the city manager or staff person(s) authorized and responsible for implementing this chapter.

(Ord. 07-03 § 1)

A. Covered Projects. Prior to beginning any construction or demolition activities, the applicant shall submit a waste management plan to the WMP compliance official and shall comply with all provisions included in this chapter.

B. Non-covered Projects. Applicants for non-covered projects shall be encouraged to divert at least 50% of all project-related construction and demolition debris, but shall not be required to submit a waste management plan to the WMP compliance official.

C. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

(Ord. 07-03 § 1)

A. WMP Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a WMP on a WMP form approved by the city for this purpose, as part of the application packet for the building or demolition permit. The completed WMP shall indicate the following at a minimum:

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

2. Maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; and

3. Documentation from the city's franchise waste hauler to collect and receive the material; and

4. Estimated volume or weight of C & D materials that will be land filled; and

5. Special or specific activities that the applicant will use to comply with the provisions of this section.

B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

C. Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage rather than land filled.

(Ord. 07-03 § 1)

A. Approval. Notwithstanding any other provision of this code, 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 an emergency demolition is required to protect public health or safety as determined by the building official. The WMP compliance official shall only approve a WMP if the official first determines that all of the following conditions have been met:

1. The WMP provides all the information set forth in Section 8.13.040; and

2. The WMP indicates that at least 50% of all C & D debris generated by the project will be diverted.

B. Nonapproval.

1. In the event that the WMP fails to indicate that at least 50% of all C & D debris generated by the covered project will be reused or recycled or is otherwise exempt from this chapter pursuant to Section 8.13.070, the WMP official shall return the WMP to the applicant marked "Denied," and shall include a statement of reasons in support of the denial, and so notify the building official who shall then immediately stop processing the building or demolition permit application.

2. In the event that the WMP is incomplete, the WMP official shall return the WMP to the applicant marked "Further Information Required" and allow the applicant to re-submit a complete WMP.

(Ord. 07-03 § 1)

A. Documentation. Prior to the completion of any covered project, the applicant shall submit to the WMP compliance official documentation that the diversion requirement has been met. This documentation shall include all of the following:

1. Documentation from the city's franchise waster hauler showing the actual weight or volume of the material; and

2. A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and land filled; and

3. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with the approved WMP for the project.

B. Weighing of Wastes. Applicant shall make reasonable efforts to ensure that all C & D debris, diverted or land filled, are measured and recorded using the most accurate method of measurement available. To the extent practical, all C & D debris shall be weighed. Regarding C & D debris 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.

C. Determination of Compliance and Release of Building Permit. The WMP compliance official shall review the information submitted by the applicant and determine whether the applicant has complied with the diversion requirement. If the diversion requirement has been met, the official shall authorize release of the building permit(s) to the applicant. If the official determines that the diversion requirement has not been met, no building permit(s) shall be issued until such time that the applicant submits an acceptable WMP or can otherwise show, to the WMP official's satisfaction, that the applicant is otherwise exempt pursuant to Section 8.13.070.

(Ord. 07-03 § 1)

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes makes it unfeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time the WMP is submitted as required under Section 8.13.040. The applicant shall indicate on the WMP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it unfeasible to comply with the diversion requirement.

B. Meeting with the WMP Compliance Official. 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. Based on the information supplied by the applicant, the WMP compliance official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the WMP official determines that it is unfeasible for the applicant to meet the diversion requirement due to unique circumstances, the WMP official 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 for Exemption" and shall notify the building official that the WMP has been approved.

D. Denial of Exemption. If the WMP official determines that it is possible for the applicant to meet the diversion requirement, the WMP official shall so inform the applicant in writing and shall not grant an exemption. The applicant shall resubmit a WMP form in full compliance with Section 8.13.040. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.13.040, the WMP official shall deny the WMP.

(Ord. 07-03 § 1)

A. The applicant shall have the right to appeal any decision made by the WMP compliance official to the community development director, or his or her designee.

B. The decision made by the community development director, or his or her designee, shall be final.

(Ord. 07-03 § 1)