Monrovia Municipal Code Ch. 8.09 Waste Management Plan

The definitions set forth in Chapter 8.08 are incorporated herein by this reference. If any words or phrases are not defined in Chapter 8.08, such terms shall have the meaning applied to them in the Act. In the event of a conflict between the definitions set forth in Chapter 8.08, or the Act, and this section, the definitions set forth in this section shall control. The following words and phrases, for the purposes of this chapter, are defined and shall be construed as hereunder set out:

APPLICANT. 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 construction, demolition, or renovation project within the city.

CITY SPONSORED. Any project for which the city provides all or a portion of the acquisition, development, or construction funding, acts as a guarantor of all or a portion of the project funding, or which is constructed on land owned or leased by the city.

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 OR C&D DEBRIS. Used or discarded materials resulting from construction, remodeling, repair, or demolition operations on any pavement, residential or commercial building, or other structure.

COVERED PROJECT. Construction, demolition, or renovation project subject to the terms of this chapter.

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

DIVERSION REQUIREMENT. The amount or percentage of the total construction and demolition debris generated by a project that is to be diverted via reuse or recycling, in accordance with § 8.09.050.

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

FINAL REPORT. A report submitted by an applicant to the city at the completion of a covered project to document the amount of C&D debris from the project that has been recycled or reused.

GENERATION RATE. The rate set forth in the Standardized Generation Rates Table approved by the City Manager pursuant to § 8.09.030(B) for use in estimating the volume or weight of materials identified in a Waste Management Plan.

PERFORMANCE SECURITY. Performance bonds; surety bonds; money orders; letters of credit; or certificates of deposit, in a form acceptable to the City Manager.

PROJECT. Any activity that requires an application for a building or demolition permit or any similar permit from the city.

RECYCLABLE MATERIALS. Those waste materials typically generated by construction, renovation, and demolition projects that the city has determined could be recycled or reused.

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.

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

(Ord. 2003-08 § 2 (part), 2003)

(A) (1) All construction, demolition, and renovation projects within the city that are 1,000 gross square feet or greater in area are covered projects and shall comply with this chapter.

(2) Failure to comply with any of the terms of this chapter shall subject the applicant to the full range of enforcement mechanisms set forth in § 8.09.120.

(B) All city-sponsored construction, demolition, and renovation projects, regardless of size, shall be considered “covered projects” for the purposes of this chapter.

(C) 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.

(D) Projects not covered by this chapter are limited to:

(1) Construction, demolition, and renovation projects that are not city sponsored and are less than 1,000 square feet in area, or do not require the issuance of a building or demolition permit by the city;

(2) Projects that only involve roofing or plumbing work, and do not include the construction, demolition, or renovation of structures or facilities.

(Ord. 2003-08 § 2 (part), 2003)

(A) Applicants for building or demolition permits involving any covered project shall complete and submit a Waste Management Plan (“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 all of the following:

(1) The project location, the name and address of the applicant, and the project contact person;

(2) The estimated volume or weight of project C&D debris to be generated;

(3) The percentage of C&D debris that can feasibly be diverted via reuse or recycling;

(4) The vendors or facilities that the applicant proposes to use to collect or receive the C&D debris that will be reused or recycled;

(5) The disposal facility that will be used for C&D debris that cannot be recycled or reused; and

(6) The amount and form of the performance security for the project.

(B) To estimate the volume or weight of C&D debris identified in the WMP, the applicant shall use the Standardized Generation Rates Table approved by the City Manager for this purpose.

(C) The WMP for a project must be reviewed and approved by the City Solid Waste Program Administrator prior to the issuance of a building or demolition permit for the project.

(D) If an applicant believes that a covered project will not generate any recyclable materials, the applicant may include such a statement in the WMP and apply for an exemption from the diversion requirement pursuant to § 8.09.080.

(Ord. 2003-08 § 2 (part), 2003)

(A) (1) The applicant for any covered project shall submit a performance security to the city with the WMP.

(2) The amount of the performance security shall be calculated as $0.20 per square foot of the floor area of the building, structure or facility to be constructed, remodeled or demolished, or $250, whichever is greater.

(B) (1) An applicant may maintain a performance security with the city that can be applicable to more than one covered project.

(2) The amount of the performance security shall always be at least equal to $0.20 per square foot of floor area for an applicant's covered projects for which a WMP has been approved but for which a final report has not yet been submitted.

(Ord. 2003-08 § 2 (part), 2003)

The diversion requirement for all covered projects shall be at least 50% of the total construction and demolition debris generated by the project, unless the Solid Waste Program Administrator has approved an exemption or reduction for the project, pursuant to § 8.09.080.

(Ord. 2003-08 § 2 (part), 2003)

(A) (1) Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the City Solid Waste Program Administrator has approved the WMP.

(2) Approval shall not be required, however, where an emergency demolition is required to protect public health or safety.

(B) The Solid Waste Program Administrator shall only approve a WMP if he or she first determines that all of the following conditions have been met:

(1) The WMP provides all of the information set forth in § 8.09.030;

(2) The WMP indicates that the diversion requirement will be met; and

(3) The applicant has submitted an appropriate performance security in compliance with § 8.09.040.

(C) If the Solid Waste Program Administrator determines that these three 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 Department that the WMP has been approved.

(D) If the Solid Waste Program Administrator determines that the WMP is incomplete or fails to indicate that the diversion requirement will be met, he or she shall either:

(1) Return the WMP to the applicant marked “Denied,” including a statement of reasons, and so notify the Building Department, which shall then immediately stop processing the building or demolition permit application; or

(2) Return the WMP to the applicant marked “Further Explanation Required,” with a statement of the issues that require additional clarification or explanation.

(E) The Solid Waste Program Administrator shall complete the review of a WMP, and either approve or disapprove the WMP or find the WMP incomplete within three working days after the WMP has been submitted.

(Ord. 2003-08 § 2 (part), 2003)

(A) At the completion of a covered project and prior to the final inspection, issuance of a temporary certificate of occupancy, or certificate of occupancy for the covered project by the city, the applicant shall submit a final report to the city that shall document that the applicant has met the diversion requirement for the project.

(1) This report shall be submitted either in writing or electronically, and on a form or via a method determined by the city.

(2) This final report shall include all of the following:

(a) The actual volume or weight of C&D debris that was generated by the covered project;

(b) The actual volume or weight of C&D debris that was diverted through reuse or recycling, and the vendors or facilities to which the C&D debris was transported for reuse or recycling;

(c) The actual volume or weight of C&D debris that was disposed, and the name of the facility at which it was disposed; and

(d) Any additional information that the applicant believes is relevant to determining its efforts to meet the diversion requirement.

(B) The final inspection of a covered project by the city will not be scheduled and a temporary certificate of occupancy or a certificate of occupancy will not be issued for any covered project, until and unless the Solid Waste Program Administrator certifies that an acceptable final report for the covered project has been submitted, and that the applicant has met the diversion requirement for the covered project or has made a good faith effort to comply.

(C) Applicants shall make reasonable efforts to ensure that all C&D debris diverted or disposed are measured and recorded using the most accurate method of measurement available.

(1) To the extent practical, the weight of all C&D debris shall be measured on scales.

(2) Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance.

(3) If weighing of C&D debris is not practical due to small size or other considerations, a volumetric measurement shall be used.

(4) For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion factors approved by the City Manager for this purpose.

(D) The Solid Waste Program Administrator shall review the report submitted under division (A) of this section and determine if the report is complete.

(1) If the Solid Waste Program Administrator determines that the report is incomplete, he or she shall return the report to the applicant with notes indicating the deficiencies.

(2) If the report is deemed to be complete, the Solid Waste Program Administrator shall determine the applicant's compliance status as follows:

(a) Full compliance. If the Solid Waste Program Administrator determines that the applicant has met the diversion requirement applicable to the project, he or she shall so inform the Building Department.

(b) Good faith effort to comply.

1. If the Solid Waste Program Administrator 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 meet the diversion requirement.

2. In making this determination, the Solid Waste Program Administrator 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.

3. If the Solid Waste Program Administrator determines that the applicant has made a good faith effort to meet the diversion requirement, he or she shall inform the Building Department, and shall release the performance security, or a portion thereof, to the applicant.

4. Any portion of the performance security not released to the applicant shall be forfeited to the city and shall be used to promote recycling within the city.

(c) Noncompliance.

1. If the Solid Waste Program Administrator determines that the applicant has not met the diversion requirement and has not made a good faith effort to comply, then the Solid Waste Program Administrator shall inform the Building Department, and the performance security shall be forfeited to the city.

2. All forfeited performance securities shall be used for the purposes of promoting recycling within the city.

(d) Amount of performance security forfeited. If an applicant has elected to retain a performance security with the city for more than one, or for future, covered projects, the amount of the performance security that shall be forfeited to the city in the event that the applicant fails to meet the diversion requirement for a covered project shall be based on the amount of the performance security applicable to that project, pursuant to § 8.09.040.

(Ord. 2003-08 § 2 (part), 2003)

(A) Application.

(1) If an applicant believes that it is infeasible to comply with the diversion requirement of this chapter due to circumstances delineated in this section, the applicant may apply for an exemption from or reduction in the diversion requirement at the time that the applicant submits the required WMP.

(2) Exemptions or reductions may be granted based on the following considerations:

(a) Lack of storage space on the project site;

(b) Contamination of the C&D debris by hazardous substances;

(c) The materials to be generated by the project are not on the list of recyclable materials adopted by the city.

(3) The applicant shall indicate on the WMP the maximum diversion rate that the applicant believes is feasible, and describe the special circumstances that the applicant believes make it infeasible to comply with the diversion requirement.

(B) Determination by the city. Within three business days of receiving a request for an exemption or reduction, the Solid Waste Program Administrator shall review the request and determine if an exemption or reduction should be granted.

(Ord. 2003-08 § 2 (part), 2003)

(A) (1) Applicants shall retain the facility or vendor receipts or weight tickets for the quantities of materials recycled, reused, or disposed from all covered projects for at least one year from the date of the final inspection, or issuance of a temporary certificate of occupancy or certificate of occupancy for the covered project.

(2) The applicant shall take reasonable measures to document the accuracy of all information included in a final report submitted to the city.

(B) The city shall have the right to inspect or monitor the efforts undertaken by an applicant to recycle or reuse C&D debris at a covered project.

(C) The city or its designated representative shall have the right to verify the quantities of C&D debris from covered projects that were recycled, reused, or disposed by inspecting the receipts or weight tickets retained by an applicant.

(D) If after inspecting the receipts and weight tickets retained by an applicant for one or more covered projects, the city or its representative cannot verify the accuracy of the information included on the final reports for the covered projects, the applicant shall be subject to the enforcement provisions specified in § 8.09.120.

(Ord. 2003-08 § 2 (part), 2003)

(A) An applicant who desires to appeal the decision of the Solid Waste Program Administrator to deny a WMP, to deny an exemption or reduction, or to not release all or a portion of an applicant's performance security, must file an appeal in writing with the City Manager within ten days of the date of the Solid Waste Program Administrator's decision.

(B) The City Manager shall review all such appeals and provide a written determination to the applicant within 30 days of the date on which the appeal was filed.

(Ord. 2003-08 § 2 (part), 2003)

(A) Nothing in this chapter supercedes the obligation to comply with all other applicable provisions of the Municipal Code, including, but not limited to, the obligation in § 8.10.030(B) to use only commercial or industrial collectors with a valid business license and solid waste and recyclables collection permit issued by the city.

(B) Notwithstanding the forgoing, a licensed contractor having a contract for the demolition or renovation of a facility, building, structure, or pavement, may remove construction and demolition debris from the premises on which the waste is generated, if the contractor uses its own vehicles and equipment, and otherwise complies with the provisions of this chapter.

(C) If a subcontractor is to be engaged to remove such construction and demolition debris, the subcontractor must hold a valid business license and solid waste and recyclables collection permit issued by the city.

(Ord. 2003-08 § 2 (part), 2003)

(A) The City Manager is hereby empowered and directed to administer the provisions of this chapter, subject to the rules and regulations as may from time to time be established by the City Council.

(B) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon citation thereof, shall be punishable by a warning, fine, or both, as provided elsewhere in this code.

(C) (1) Violation of any provision of this chapter by an applicant may be enforced by civil action, including an action for injunctive relief.

(2) In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.