Manhattan Beach Municipal Code Ch. 5.26 Construction and Demolition Debris Waste Reduction and Recycling…

For the purposes of this chapter, the following definitions shall apply:

A. "Administrative penalty" means any penalty or fine assessed to an applicant pursuant to Section 5.26.040 of this chapter.

B. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private for-profit or non-profit corporation, or any other entity whatsoever that applies to the City for the applicable permits to undertake any construction, demolition or renovation project within the City.

C. "City-sponsored project" means any project where the improvements are or will be upon completion owned by the City of Manhattan Beach and used for City functions.

D. "Construction" means the building of any improvement or any portion thereof including any tenant improvements to an existing facility or structure.

E. "Construction and demolition debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, deconstruction, or demolition operations on any pavement, house, commercial building or other structure.

F. "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.

G. "Covered project" shall have the meaning set forth in Section 5.26.020 of this chapter.

H. "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling.

I. "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.

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

K. "Diversion requirement" means the redirection of at least sixty-five percent (65%) 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 5.26.070 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project.

L. "Final building approval" means acceptance by the City that all requirements and conditions of the project have been met.

M. "Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City.

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

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

Q. "Reuse" means further or repeated use of construction or demolition debris.

R. "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.

S. "Total costs" means the total construction value of the project as calculated by the Building and Safety Division using the City's standard commercial and residential valuation formulas.

T. "Waste Management Plan" (also referred to as "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.

U. "WMP Compliance Official" means the staff person(s) designated by the Director of Public Works authorized and responsible for implementing this chapter.

(§ 2 (part), Ord. 2053, eff. February 19, 2004, as amended by § 9, Ord. 2136, eff. December 16, 2010, and § 8, Ord. 13-0027, eff. January 1, 2014; § 8, Ord. 16-0032, eff. January 7, 2017)

All construction, renovation, and remodel projects within the City subject to the California Green Building Standards Code and all demolition projects shall comply with this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of penalty and enforcement mechanisms set forth in Sections 5.26.040 and 5.26.080. 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. Failure to include such a condition shall not relieve the project applicant from complying with this chapter.

All City-sponsored construction, demolition and renovation projects subject to the California Green Building Standards Code, shall be considered "covered projects" for the purposes of this chapter and shall submit a Waste Management Plan to the WMP Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

(§ 2 (part), Ord. 2053, eff. February 19, 2004; § 11, Ord. 19-0015, eff. January 1, 2020; § 12, Ord. 22-0008, eff. January 1, 2023)

A. WMP Forms. Applicants for a plan check involving any covered project shall pay a WMP review fee and complete and submit a Waste Management Plan (WMP) on a form approved by the City for this purpose before a building or demolition permit may be issued. The WMP shall be submitted for review with the first plan check of an individual project or at the first check of a residential master plan in the case of a residential project. The completed WMP shall indicate all of the following:

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

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

3. Vendor or facility that the applicant proposes to use to collect or receive that material;

4. Estimated weight of C & D materials that will be landfilled; and

5. Total square footage of the project.

B. Calculating Weight of Debris. In estimating the 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 a plan check 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 prior to sending to a landfill.

(§ 2 (part), Ord. 2053, eff. February 19, 2004)

Any applicant who does not comply with any requirement of this chapter may be assessed an administrative penalty for non-compliance. The amount of the penalty assessed may be up to five thousand dollars ($5,000.00) for demolition projects and up to ten thousand dollars ($10,000.00) for all other projects. The WMP Compliance Official upon determining non-compliance with this chapter shall notify the applicant of the penalty assessed against it. The notice shall be in writing and shall identify the amount of the penalty assessed, the specific noncompliance for which the penalty is being assessed and inform the applicant that it has a right to a hearing to protest the validity or amount of the assessed penalty. The applicant's request for a hearing must be made in writing and received by the WMP Compliance Official no later than the City's close of business on the seventh calendar day from the mailing date (as determined by postmark) of the penalty notice. A hearing shall be held no later than ten (10) days following the receipt by the WMP Compliance Official of the written request for hearing. The City Manager or his or her designee shall serve as the hearing officer. The applicant shall be notified in writing of the decision of the hearing officer. Notwithstanding any other provision of this Municipal Code (including Section 1.12.010), the decision of the hearing officer shall be final. Any penalty assessed must be paid to the City prior to final building approval. Nothing in this chapter precludes the use of any other type of enforcement if administrative fines are imposed under this section.

(§ 2 (part), Ord. 2053, eff. February 19, 2004)

A. Approval. Notwithstanding any other provision of this Code, no plan check shall be approved 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, as determined by the WMP Compliance Official, is required to protect public health or safety. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met:

1. WMP provides all of the information set forth in Section 5.26.030 of this chapter; and

2. WMP must indicate that at least sixty-five percent (65%) of all C & D debris generated by the project will be diverted.

If the WMP Compliance Official determines that all of the above conditions have been met, he or she shall mark the WMP "approved," return a copy of the WMP to the applicant, and notify the Building and Safety Division that the WMP has been approved.

B. Nonapproval. If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that at least sixty-five percent (65%) of all C & D debris generated by the project will be reused or recycled, he or she shall either:

1. Return the WMP to the applicant marked "denied," including a statement of reasons, and so notify the Building and Safety Division, which shall then immediately stop processing the plan check; or

2. Return the WMP to the applicant marked "further explanation required."

Notwithstanding any other provision of this code (including Section 1.12.010), the decisions of the WMP Compliance Official with regard to this section shall be final.

(§ 2 (part), Ord. 2053, eff. February 19, 2004, as amended by § 9, Ord. 2136, eff. December 16, 2010, and § 8, Ord. 13-0027, eff. January 1, 2014; § 8, Ord. 16-0032, eff. January 7, 2017)

A. Documentation. Prior to the final building approval, the applicant shall submit to the WMP Compliance Official documentation that it has met the diversion requirement for the project. If the applicant does not submit the required documentation, he or she may be subject to an administrative penalty or enforcement action as described in Sections 5.26.040 and 5.26.080 of this chapter. The diversion requirement shall be that the applicant must divert at least sixty-five percent (65%) of the total C & D debris generated by the project via reuse or recycling. Provided, however, that an applicant granted an exemption pursuant to Section 5.26.070 of this chapter shall be required to comply with the maximum feasible diversion rate established by the WMP Compliance Official for that project. The documentation for compliance shall include all of the following:

1. Copies of receipts from the vendor or facility which collected or received each material showing the actual weight of that material;

2. A copy of the previously approved WMP for the project adding the actual weight of each material diverted and landfilled;

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

B. Weighing of Wastes. Applicants 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 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 Assessment of an Administrative Penalty. The WMP Compliance Official shall review the information submitted under Sections 5.26.030 and 5.26.050 of this chapter and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall approve the final WMP report.

2. Good Faith Effort to Comply. If the WMP Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C & D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C & D debris. If the WMP Compliance Official determines that the applicant has made a good faith effort to comply with this chapter, he or she may approve the final WMP report or assess an administrative penalty as described under Section 5.26.040 of this chapter.

3. Noncompliance. If the WMP 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 Section 5.26.060(A) of this chapter, then the applicant may be assessed an administrative penalty as described under Section 5.26.040 of this chapter and/or be prosecuted for a criminal violation under Section 5.26.080 of this chapter or use any other legal remedy which may be available.

(§ 2 (part), Ord. 2053, eff. February 19, 2004, as amended by § 9, Ord. 2136, eff. December 16, 2010, and § 8, Ord. 13-0027, eff. January 1, 2014; § 8, Ord. 16-0032, eff. January 7, 2017)

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 5.26.030 of this chapter. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Meeting with 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.

C. Granting of Exemption. The WMP Compliance Official shall issue an infeasibility exemption if he or she can make the following findings:

1. That circumstances exist which are unique to the project to the effect that compliance with the provisions of this chapter would create an unusual burden on the project which is different than that of similarly situated properties; or

2. That for a specific project compliance with this chapter would result in minimal or no increase in recycled materials or reduction in waste stream;

3. That diversion of one or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.

If the WMP Compliance Official is able to make one or more of the above findings for a project he or she may excuse the project from compliance with this chapter or determine the maximum feasible reduced 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 and Safety Division that the WMP has been approved.

D. Denial of Exemption. If the WMP Compliance Official is unable to make any of the findings required by subsection C of this section he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a WMP form in full compliance with Section 5.26.030 of this chapter. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 5.26.030 of this chapter, the WMP Compliance Official shall deny the WMP in accordance with Section 5.26.060 of this chapter. Notwithstanding any other provision of this Code (including Section 1.12.010) the determination of the WMP Compliance Officer shall be final.

(§ 2 (part), Ord. 2053, eff. February 19, 2004)

Any person responsible for violation of any provision of this chapter shall be guilty of a misdemeanor. Nothing in this chapter shall preclude the City from initiating a civil action to enforce the provisions of this chapter. If the City shall prevail in any such civil action, it shall be entitled to attorney fees.

(§ 2 (part), Ord. 2053, eff. February 19, 2004)