McFarland Municipal Code Ch. 8.10 Mandatory Construction and Demolition Debris Recycling Program

As used in this chapter, unless the context otherwise indicates:

"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 to undertake any project within the city, unless otherwise specifically exempted by law.

"Construction" means a project comprised of the erection of any building, structure, facility or pavement or any portion thereof, including any tenant improvements to an existing building, structure, facility or pavement.

"Construction and demolition debris" means materials resulting from construction, remodeling, renovation, alteration, repair, or demolition of any project, excluding inerts.

"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 recycling plan.

"Deconstruction" means a project comprised of the systematic removal of reusable items from an existing building, structure or facility.

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

"Diversion requirement" means the diversion of all inerts and at least fifty percent by weight of the total construction and demolition debris generated by a project through reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to Section 8.10.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the recycle coordinator.

"Divert" means to use material for any purpose other than disposal in a landfill, in a manner that excludes those materials from disposal reporting under the state of California's disposal reporting system and gives the city diversion credit as specified in Section 41780 of the California Public Resources Code.

"Inerts" means the following materials: Concrete (that may have steel reinforcing bar embedded in the concrete), fully cured asphalt, glass, plastics, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay and clay products and any other materials determined by the California Integrated Waste Management Board to constitute inerts; and treated industrial wastes, de-watered bentonite-based and drilling mud and materials determined by the State Water Resources Control Board to constitute inerts. "Inerts" do not include commingled hazardous or putrescible waste and do not contain soluble pollutants in excess of applicable water quality objections.

"Project" means any activity which requires an application for a building or demolition permit or any other similar permit from the city, including construction, deconstruction, demolition, and renovation.

"Recycle coordinator" means the officer charged with enforcing compliance with this chapter.

"Recycling plan" means a completed recycling plan form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any project.

"Renovation" means a project comprised of any change, addition, or modification in an existing building, structure or facility.

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

"Salvage" means the controlled removal of construction and demolition debris from a permitted project site for the purpose of recycling or reuse, or storage for later recycling or reuse.

(Ord. No. 292-2004, § 1, 12-9-04)

All applicants for a project shall submit a recycling plan to the recycle coordinator prior to issuance of a permit and prior to beginning any project (including construction, deconstruction, demolition, and renovation) and shall be subject to all applicable provisions of this chapter.

Compliance with the provisions of this chapter shall be listed as a condition of approval on any permit issued for a project.

(Ord. No. 292-2004, § 1, 12-9-04)

A. Applicants for project permits shall complete and submit a recycling plan on a recycling plan form approved by the city for this purpose as part of the application packet for the project permit. The completed recycling plan shall indicate all of the following:

1. The estimated volume or weight of project inerts and construction and demolition debris, by materials type, to be generated;

2. The maximum volume or weight of such materials that can feasibly be diverted by reuse or recycling;

3. The vendor or facility that the applicant proposes to use to collect or receive that material; and

4. The estimated volume or weight of construction and demolition debris that will be landfilled and inerts that will be diverted.

B. In estimating the volume or weight of materials identified in the recycling plan, the applicant shall use the conversion rates.

C. In preparing the recycling plan, applicants for building or demolition permits involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage.

(Ord. No. 292-2004, § 1, 12-9-04)

A. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any project unless and until the recycle coordinator has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the chief building official. The recycle coordinator shall only approve a recycling plan if he or she first determines that all of the following conditions have been met: (1) the recycling plan provides all of the information set forth in Section 8.10.030(A); and (2) the recycling plan indicates that the diversion requirement will be feasibly met. If the recycle coordinator determines that these conditions have been met, he or she shall mark the recycling plan "approved", return a copy of the recycling plan to the applicant, and notify the building department that the recycling plan has been approved.

B. If the recycle coordinator determines that the recycling plan is incomplete by failing to include one or both of the items described in Section 8.10.040(A), he or she shall either: (1) return the recycling plan to the applicant marked "denied", including a statement of reasons, and so notify the building department; (2) return the recycling plan to the applicant marked "further explanation required", or (3) grant an infeasible exemption pursuant to Section 8.10.060.

(Ord. No. 292-2004, § 1, 12-9-04)

A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to the recycle coordinator documentation that the diversion requirement for the project has been met, unless the applicant has been granted an infeasible exemption pursuant to Section 8.10.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the recycle coordinator. The applicant shall include in this documentation all of the following: (1) receipts from the vendor or facility which collected or received construction and demolition debris and inert materials showing the actual weight or volume of each of those materials; (2) a copy of the previously approved recycling plan for the project adding the actual volume or weight of each of those materials diverted and landfilled; and (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 inerts and construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all inerts and construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition 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 conversion rates.

C. Determination of compliance. The recycle coordinator shall review the information submitted under Section 8.10.050(A) and (B) and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the recycle coordinator determines that the applicant has fully complied with the diversion requirements applicable to the project, he or she shall approve the recycling plan and inform the building department that a certificate of occupancy can be issued.

2. Substantial Compliance. If the recycle coordinator 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 and is in substantial compliance with this chapter. In making this determination, the recycle coordinator shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the recycle coordinator determines that the applicant has made a good faith effort to comply with this chapter and is in substantial compliance, he or she shall approve the recycling plan and inform the building department that a certificate of occupancy can be issued.

3. Noncompliance. Any failure of an applicant to comply with this chapter shall be punishable by the penalties described in Section 8.10.080.

D. Falsification of Records. If the applicant deliberately provides false or misleading data to the city, the applicant may be subject to penalties in addition to those specified in Section 8.10.080. 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 a court of competent jurisdiction to have violated this chapter.

E. Final Approval. All conditions of this chapter shall be met prior to final project approval by the building department.

(Ord. No. 292-2004, § 1, 12-9-04)

A. Application. If an applicant for a 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 recycling plan. The applicant shall indicate on the recycling plan 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 Recycle Coordinator. The recycle coordinator shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The recycle coordinator may request that staff from the Kern County Integrated Waste Management Authority or designee attend this meeting or may require the applicant to request a separate meeting with Kern County Integrated Waste Management Authority staff. Based on the information supplied by the applicant and, if applicable, Kern County Integrated Waste Management Authority staff or designee, the recycle coordinator shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the recycle coordinator determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted by the applicant. The recycle coordinator shall return a copy of the recycling plan to the applicant marked "approved for infeasible exemption" and shall notify the building department that the recycling plan has been approved.

D. Denial of Exemption. If the recycle coordinator determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty days to resubmit a recycling plan form. If the applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with Sections 8.10.030(A) and (B), the recycle coordinator shall deny the recycling plan in accordance with Section 8.10.040(B).

(Ord. No. 292-2004, § 1, 12-9-04)

An appeal of the recycle coordinator decision may be made to the city manager in writing not longer than ten days after the recycle coordinator's decision. The decision of the city manager shall be final. The appellant must specifically state in the notice of appeal: (1) the name and address of the appellant and appellant's interest in the decision; (2) the nature of the decision appealed from and/or the conditions appealed from; (3) a clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate; and (4) the specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

(Ord. No. 292-2004, § 1, 12-9-04; Ord. No. 002-2010, § 1, 2-11-10)

Any violation of this chapter shall be punishable by a civil penalty in the amount calculated as two percent of the total project valuation. This penalty shall be cumulative and in addition to all other remedies, both civil and criminal, available to city under this municipal code and at law or in equity.

(Ord. No. 292-2004, § 1, 12-9-04)