Moorpark Municipal Code Art. VI Construction and Demolition Materials Management

The purpose of this article is to establish regulations to reduce landfill bound waste from C&D projects by requiring applicants for every covered project, as defined herein, to divert, or recycle, a minimum of 65%, of material type by weight, of the C&D material resulting from that project, including inert waste, in compliance with state and local statutory goals and policies, and to create a mechanism to secure compliance with said diversion requirements. Fees for the C&DMMP review process and for the C&DMMP exemption process shall be established by resolution of the city council.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Except as otherwise provided in this code, each applicant for a permit required by this code for a covered project shall also complete and submit a construction and demolition materials management plan (C&DMMP) to the administrative authority unless the project is an exempt project, as defined in Section 8.36.625.

No permit for a covered project shall be issued by the division of building and safety unless the applicant for the permit has submitted a C&DMMP that has been reviewed and approved by the administrative authority, or the project is an exempt project as defined in Section 8.36.625. Review of applications for permits for covered projects by the division of building and safety may be concurrent with the review of the C&DMMP by the administrative authority but the permit shall not be issued until the C&DMMP has been approved.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

No C&DMMP or diversion security deposit shall be required for any of the following:

A. Work for which a building permit, demolition permit, and/or grading permit is not required.

B. Any new residential or nonresidential construction project valued at less than $500,000 by the city's building official.

C. Residential or nonresidential alterations valued at less than $100,000 by the city's building official.

D. Projects for which only a plumbing permit, electrical permit, or mechanical permit, or any combination thereof, is required.

E. Seismic tie-down projects.

F. Installation of swimming pools or spas.

G. Demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended from time to time.

H. Other work the administrative authority determines will not produce a significant amount of C&D material.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

All of the city's construction, demolition, and renovation projects, except as provided below, and regardless of cost, shall be considered "covered projects" for the purposes of this chapter and shall be subject to all applicable provisions of this chapter. Prior to the start of any city construction or demolition activity, a C&DMMP shall be prepared by the city designated project manager for approval by the administrative authority. The city is not required to submit a diversion security deposit for city sponsored covered projects. City projects limited to interior plumbing work, electrical work, or mechanical work are not covered projects. City demolition or construction projects required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended from time to time, are not a covered project.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Compliance with this chapter shall be included as a condition of approval of any permit issued for a covered project.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Each applicant applying for a permit for any covered project shall complete and submit to the administrative authority a C&DMMP, on a C&DMMP form approved by the city manager for this purpose. The completed C&DMMP, at a minimum, must indicate all the following:

A. The estimated weight of total project C&D materials, by material type, that will be generated.

B. The maximum weight of all C&D materials, by material type, that are feasible to divert, considering cost, energy consumption and delays, via reuse or recycling efforts.

C. The vendor or facility that the applicant proposes to use to collect, divert, market, reuse, or receive the C&D materials, by type of material.

D. The estimated weight or residual C&D materials that would be transported for disposal in a landfill or at a transformation facility.

E. The estimated weight of inert waste, by waste type, to be removed from the waste stream and not disposed of in a solid waste landfill.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

In estimating the volume or weight of materials identified in the C&DMMP, the applicant shall use the conversion rates approved by the city for this purpose.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

In preparing the C&DMMP, applicants for 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 prior to being transported for disposal in a landfill or transformation facility. Deconstruction can be used to meet the diversion requirement provided it is accounted for in the C&DMMP.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Each applicant for a permit for a covered project, except the city, shall submit a C&DMMP diversion security deposit along with the C&DMMP. The amount of the diversion security deposit shall be established by resolution of the city council. The administrative authority may waive the diversion security deposit if the diversion security deposit required pursuant to this section would be $500 or less.

(Ord. 394 § 1, 2010; Ord. 478 § 15, 2020; Ord. 495 § 1, 2021)

Notwithstanding any other provisions of this code, no building or demolition permit shall be issued for any covered project unless and until the administrative authority has approved the C&DMMP. The administrative authority shall only approve a C&DMMP if it is determined that all of the following conditions have been met:

A. The C&DMMP provides all of the information required in Section 8.36.640.

B. The C&DMMP indicates that the diversion requirement will be met.

C. The applicant has submitted an appropriate diversion security deposit in compliance with Section 8.36.655.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

If the administrative authority determines that the C&DMMP fails to meet the conditions specified in Section 8.36.640, then the administrative authority shall either:

A. Return the C&DMMP to the applicant marked "Denied" including a statement of reasons, and so notify the division of building and safety, which shall then hold the project's permit.

B. Return the C&DMMP to the applicant marked "Further Explanation Required," including a statement of reasons, and so notify the division of building and safety, which shall then hold the project's permit.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Within 90 days after the final project permit sign-off of any covered project, the applicant shall submit to the administrative authority documentation that the applicant has met the diversion requirement for the approved project and apply for a refund of the diversion security deposit. If documentation is not received by the administrative authority as required by applicant, then applicant forfeits the diversion security deposit. Applicant shall provide the following documentation:

A. The dates on which grading, building, paving, demolition, and/or construction actually commenced and were completed.

B. Receipts and/or gate tickets from the vendor(s) or facility(ies) which collected or received each type of C&D material showing the actual weight of each type of material, or in the case of commingled C&D materials the aggregate weight of the materials and the amount that was disposed, or in the case of inert waste, documentation proving removal from the solid waste stream and non-disposal in a solid waste landfill.

C. Documentation proving material salvaged or reused in current project.

D. A copy of the previously approved C&DMMP for the project adding the actual volume or weight of each material diverted and not disposed of in a solid waste landfill.

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

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)

Applicants shall make reasonable efforts to ensure that all C&D material diverted or delivered to disposal facilities for disposal, are measured and recorded using the most accurate method of measurement available. To the extent practicable, all C&D materials, and inert waste to be removed from the waste stream and not disposed of in a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance with all state and county regulatory requirements for accuracy and maintenance. For C&D material 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. Documentation of the foregoing shall consist of photocopies of receipts, weight tickets, gate tickets, and other records from recycling facilities, deconstruction contractors, solid waste enterprises and disposal facilities.

(Ord. 394 § 1, 2010; Ord. 478 § 16, 2020; Ord. 495 § 1, 2021)

The administrative authority shall review the information submitted under Section 8.36.670 to determine whether the applicant has complied with the C&DMMP as follows:

A. Full Compliance. If the administrative authority determines that the applicant has fully complied with the C&DMMP requirements applicable to the project, the administrative authority shall cause the full diversion security deposit, less the review fee, to be released to the applicant.

B. Good Faith Effort to Comply. If the administrative authority determines that the C&DMMP has not been complied with, the administrative authority may determine whether the applicant made a good faith effort to comply with this article. In making this determination, the administrative authority shall consider the availability of markets for the C&D materials transported for disposal in a landfill or transformation facility, the size of the project, and documented efforts of the applicant to divert C&D materials and remove inert waste from the waste stream. If the administrative authority determines that the applicant has made a good faith effort to comply with this chapter, the administrative authority shall approve the release of the full diversion security deposit, or a portion thereof, less the review fee, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the city.

C. Failure to Comply. If the administrative authority determines that the applicant has not made a good faith effort to comply with this article, or if the applicant failed to submit the documentation required in Section 8.36.670, within the required time period, then the full diversion security deposit shall be retained by the city for purposes of promoting recycling within the city.

D. Partial Refund. The administrative authority may authorize a partial refund of the diversion security deposit when the diversion requirement has not been met. Any partial refund shall be made in the same ratio as the demonstrated amount of diverted C&D material and inert waste, respectively, waste bears to 65% by weight. The remaining diversion security deposit non-refunded shall be forfeited to the city.

E. Withdrawal of Permit Application. The administrative authority may authorize the refund of any diversion security deposit of the permit application for a covered project is withdrawn or cancelled prior to work commencing.

(Ord. 394 § 1, 2010; Ord. 478 § 17, 2020; Ord. 495 § 1, 2021)

A. If an applicant for a covered project experiences or anticipates unique circumstances that the applicant believes make it not feasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the applicant submits the C&DMMP required under this chapter. The applicant shall indicate on the C&DMMP the maximum rate of diversion the applicant believes is feasible for each material, by weighted percentage, and the specific circumstances that the applicant believes make it not feasible to comply with the diversion requirement. A review fee for the C&DMMP exemption process shall be established by resolution of the city council.

B. The administrative authority 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 administrative authority shall determine whether it is possible for the applicant to meet the diversion requirement.

C. If the administrative authority determines that it is not feasible for the applicant to meet the diversion requirement, the administrative authority shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the C&DMMP submitted by the applicant. The administrative authority shall return a copy of the C&DMMP to the applicant marked "approved for partial exemption" and shall notify the division of building and safety that the C&DMMP has been approved.

D. If the administrative authority determines that it is possible for the applicant to meet the diversion requirement, the administrative authority shall deny the application for exemption and inform the applicant in writing of the denial and reasons for the denial. The applicant shall have 30 days after the receipt of notification to resubmit a C&DMMP form in full compliance with this article. If the applicant fails to resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with this article, the administrative authority shall deny the C&DMMP and the division of building and safety shall not issue a permit for that project.

(Ord. 394 § 1, 2010; Ord. 478 § 19, 2020; Ord. 495 § 1, 2021)

A. A decision or order of the administrative authority shall be final and conclusive unless the applicant files a notice of appeal to the city council with the city clerk (with a copy to the city manager and the city attorney) within 10 days of mailing of the decision. The notice of appeal to the city council shall state the legal basis and all legal and factual contentions of the franchisee and shall include all evidence, including, but not limited to, affidavits, documents, photographs, digital images, digital audio recordings, electronic messaging, CDs, and DVDs. A notice to appeal to the city council shall not be accepted by the city clerk for filing unless accompanied by a notice of appeal filing fee in an amount to be established by resolution of the city council.

B. The written appeal shall be considered by the city council no more than 60 business days from the date of the filing.

C. The final ruling made by the city council, shall be in writing, stating the legal and factual basis for the decision. The decision shall be final and conclusive.

(Ord. 495 § 1, 2021)

A. Inspection. The administrative authority may inspect project sites for compliance with this article.

B. Civil Action. Violation of any provision of this article may be enforced by any means available to the city, including, but not limited to, an action for injunctive relief. 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 article.

(Ord. 394 § 1, 2010; Ord. 495 § 1, 2021)