Menifee Municipal Code Ch. 6.40 Waste Reduction and Recycling Plan Requirements for Construction And…

(A) Under California law embodied in the California Waste Management Act (Cal. Public Resources Code §§ 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals set forth therein, and is required to make substantial reductions in the amount of waste materials going to the state’s landfills by diverting 50% of materials from landfills annually or will face substantial penalties. Debris from construction and demolition projects represents a significant portion of the volume of solid waste that is being disposed of in landfills, much of which is suitable for recycling. Consequently, the purpose of this chapter is to increase the amount of construction and demolition debris that is recycled or reused so as to reduce the amount that is disposed of in landfills.

(B) This chapter is enacted pursuant to the police power of the city as set forth in Article XI, Section 7 of the California Constitution.

(Ord. 2020-294, passed 3-18-2020)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. Any individual, firm, contractor, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that applies to the city for the applicable permits to undertake any construction or demolition project within the city.

COMPLIANCE OFFICIAL. The staff person(s) designated by the Director of Community Development authorized and responsible for implementing this chapter.

CONSTRUCTION. The building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

CONSTRUCTION AND DEMOLITION DEBRIS.

(1) Discarded materials generally not considered water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, wallboard, roofing materials, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soil, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping, and development operations for a construction project.

(2) Clean cardboard, paper, plastic, wood, and metal scraps from any construction project.

(3) Other non-hazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry.

DEMOLITION. The decimating, razing, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

DESIGNATED RECYCLABLE AND REUSABLE MATERIALS. Includes, but is not limited to:

(1) Masonry building materials including all products generally used in construction including, but not limited to, asphalt, concrete, rock, stone, mortar, and brick.

(2) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated, or painted.

(3) Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames, and fences.

(4) Roofing materials, including wood shingles as well as asphalt, metal, stone and slate based roofing materials.

(5) Salvageable materials includes all salvageable materials and structures including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances.

DIVERT. To use material for any purpose other than disposal in a landfill.

PROJECT. Has the meaning set forth in § 6.40.030 of this chapter.

PROJECT SITE. A lot or parcel where demolition, construction, addition, or alteration is proposed. In the case of a residential subdivision under construction, PROJECT SITE means the parcels proposed for development in a particular phase by a homebuilder.

RECYCLING. 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.

RENOVATION. Any change, addition, or modification in an existing structure.

REUSE. Further or repeated use of construction or demolition debris.

WASTE REDUCTION AND RECYCLING PLAN. A completed city-provided form submitted before the issuance of a building and/or demolition permit, approved by the Compliance Official for the purpose of compliance with this chapter.

WASTE REDUCTION AND RECYCLING REPORT. A completed city-provided form submitted quarterly and after demolition or construction, as a precedent to final inspection and issuance of any certificate of occupancy, approved by the Compliance Official for the purpose of compliance with this chapter.

(Ord. 2020-294, passed 3-18-2020)

Projects subject to the requirements of this chapter shall include any construction or demolition work that consists of one or more of the following:

(A) Demolition of a building or structure, or a portion thereof, that is equal to or greater than 500 square feet (residential, commercial, industrial, or institutional).

(B) Construction of a new commercial, industrial, or institutional building or structure that is equal to or greater than 500 square feet.

(C) Construction of any new residential dwellings whatsoever.

(D) Construction of new multifamily dwellings where four or more units are under construction at a given time.

(E) Addition or alteration of a commercial, industrial, institutional, or multifamily building or structure that is equal to or greater than 500 square feet.

(Ord. 2020-294, passed 3-18-2020)

The following projects will not be subject to the requirements set forth by this chapter:

(A) Emergency work (demolition, construction, addition, or alteration performed in order to protect the public health, safety or welfare as defined in Cal. Public Resources Code § 21060.3 and as determined in writing by any public safety official or code compliance officer or the city, prior to the commencement of the emergency work.

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

(Ord. 2020-294, passed 3-18-2020)

Every applicant shall make a good fair effort to divert 50% of construction and demolition debris generated from every applicable construction, remodeling, or demolition project from landfills by using recycling, reuse, and diversion programs. Separate calculations and reports will be required for the construction and demolition portions of projects that involve both activities.

(Ord. 2020-294, passed 3-18-2020)

(A) Submission of waste reduction and Recycling plan. Except as provided in division (B) below, every applicant shall submit a properly completed “waste reduction and recycling plan” as provided by the city as a requirement of the building or demolition permit process. The plan shall be submitted as part of the building permit application packet and shall be accompanied by a fee, as established by resolution of the City Council, that is sufficient to cover the city’s costs associated with reviewing and processing the plan. The waste reduction and recycling plan shall indicate those materials to be recycled and/or disposed of and such other project information as required by the Compliance Official including at least all of the following:

(1) The estimated volume or weight of the project construction and demolition debris to be generated, listed by each type of material;

(2) Volume or weight of the construction and demolition debris to be reused, salvaged or recycled listed by each type of material;

(3) The estimated volume or weight of construction and demolition debris that will be landfilled listed by each type of material;

(4) The facilities or service providers to be used by the applicant; and

(5) The estimated date on which demolition or construction is to commence.

(B) Approval of waste reduction and recycling plan.

(1) Notwithstanding any other provisions of this chapter, no building or demolition permit shall be issued for any project as defined in this chapter unless and until the Compliance Official has approved the waste reduction and recycling plan.

(2) A waste reduction and recycling plan will be approved or denied within 15 business days after a complete permit application is filed with the city. Any approval may include conditions reasonably necessary to meet the standards of this chapter.

(3) The Compliance Official shall only approve a waste reduction and recycling plan if he or she determines that it contains all of the information required by this chapter and determines that the pan if followed will represent a good faith effort by the applicant to divert at least 50% by weight of all construction and demolition debris generated by the project. Volume calculations converted to weight in a manner reasonably determined by the Compliance Official may be utilized for this purpose as needed. If the Compliance Official determines that all of the above conditions have been met, he or she shall mark the waste reduction and recycling plan “approved”, return a copy of the plan to the applicant, and notify the Community Development Department that it has been approved.

(C) Denial of waste reduction and recycling plan. If the Compliance Official determines that the waste reduction and recycling plan is incomplete he or she shall return it to the applicant marked “Denied, Further Explanation Required”. The applicant must then submit additional information before the waste reduction and recycling plan can be reviewed and the building or demolition permit issued.

(D) Evidence of subscription with franchisee. An applicant who provides evidence to the Compliance Official that the applicant subscribes to solid waste handling service with the franchisee shall not be required to submit a waste reduction and recycling plan.

(Ord. 2020-294, passed 3-18-2020)

(A) During demolition or construction, the Compliance Official may inspect project sites to determine compliance with the waste reduction and recycling plan. The applicant, if requested, must supply written proof of compliance with its waste reduction and recycling plan within five business days. Failure to comply with the waste reduction and recycling plan during construction or demolition is a violation of this chapter, and in addition to any other penalty and/or remedy, shall be grounds for issuance of a “stop work” order and/or issuance of an administrative citation. Each day that the applicant fails to comply with the requirements of this chapter constitutes a separate offense.

(B) Applicants shall submit proof of compliance with this chapter on a quarterly basis during construction and/or demolition as well as at the end of the project to demonstrate compliance with the project’s waste reduction and recycling plan. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Compliance Official before issuance of a building permit for the construction project. Quarterly reports shall be submitted each April 30, July 30, October 30, and January 30 (or as determined by the Compliance Official) and are to cover the previous three calendar months (January through March, April through June, July through September, and October through December). End of project reports are to be submitted at the end of the project as a precedent to final inspection and certificate of occupancy. Proof of compliance to be submitted with quarterly and end of project reports shall include:

(1) Submittal of a completed city-provided waste reduction and recycling report.

(2) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material (recyclables and solid waste). Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified.

(3) Weight slips/count of material salvaged or reused in the project. Each receipt must clearly state the project title and date. If the receipt provides information for multiple projects, the project titles and the amounts of material for each project must be clearly identified.

(4) Any additional information the Compliance Official reasonably determines is needed to demonstrate compliance with the applicant’s approved waste reduction and recycling plan.

(Ord. 2020-294, passed 3-18-2020)