Ontario Municipal Code Art. 6 Business Recycling Requirements

(a) The purpose of this article is to:

(1) Promote recycling and diversion of commercial solid waste by requiring certain specified businesses, non-residential properties, commercial buildings and construction and demolition projects to divert recyclable materials from the landfill.

(2) Comply with California Green Building Standards Code (CalGreen), requiring diversion of waste from specified construction and demolition projects.

(3) Comply with state commercial recycling laws, requiring recycling by certain specified businesses.

(4) Comply with state commercial organic waste recycling laws, requiring organic waste recycling for certain specified businesses.

(b) Each violation of this article will be considered an infraction and subject to penalties listed in § 1-2.01.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) A business recycling plan shall be submitted by customers using commercial collection service and proposing to conduct the following business activity:

(1) Addition of a new development for which a site plan for development review has been submitted as prescribed by Title 9, Development Code;

(2) Addition of thirty percent (30%) or more to the existing floor area of any existing development; or

(3) Addition of one thousand (1,000) square feet or more to any existing development projects.

(b) Submitted plans shall include, but not be limited to, the following information:

(1) A written description of the projected annual waste generation rates;

(2) The estimated type of generated waste by volume;

(3) The measures to be taken to reduce waste;

(4) The methods to be used to separate recyclable material from the waste stream and temporarily store them inside the building prior to transport to the outside storage area for collection by an authorized recycler; and

(5) Identification of the proposed business used to collect or receive recycled material.

(c) All customers subject to the provisions of this chapter shall submit a business recycling plan to the Administrator within thirty (30) days of receipt of written notice. Business recycling plans shall be considered complete once final approval is made by the Administrator.

(d) All customers subject to the provisions of this chapter, and regardless of permit status, shall implement, at a minimum, the measures identified in the business recycling plan for reduction of waste.

(e) Business recycling plans shall be updated at a frequency as determined by the City.

(§ 1, Ord. 3187, eff. January 1, 2022)

Wastes going to landfill from construction and demolition activities must be minimized to the greatest extent possible by recycling, deconstruction for reuse, or by use of "green building" practices. Material targeted for recycling shall include concrete, asphalt, clean wood (unpainted or untreated), brick, metal, cardboard and sheetrock. The City Manager may modify the targeted materials based on available markets.

(a) A construction and demolition recycling plan shall be submitted for conducting the following types of development activities:

(1) The construction of any structure;

(2) Additions or alterations of non-residential structures;

(3) Additions or alterations of residential structures that increase the structure's conditioned area, volume or size.

(b) In preparing the construction and demolition recycling plan, customers for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction to the maximum extent feasible.

(c) Plans may be required to be submitted on City-approved forms. Plans shall ensure the diversion of at least sixty-five percent (65%) of the total construction and demolition debris generated by the project for reuse or recycling, and shall include, but not be limited to, the following information:

(1) The estimated volume or weight of the project construction and demolition debris to be generated, by materials type, the estimated volume or weight of construction and demolition debris that can feasibly be diverted for reuse or recycling, and the estimated volume or weight of construction and demolition debris that will be hauled as refuse. In estimating the volume or weight of materials identified in the construction and demolition recycling plan, the customer shall use the standardized conversion rates approved by the City for this purpose;

(2) A drawing that identifies an area for the loading and collection of recyclable materials, with appropriate access for collection vehicles;

(3) A description of how the materials will be separated at the source and/or recycled by utilizing the services of a processor;

(4) Identification of the recycled materials to be used in the construction or remodeling of the facility;

(5) Identification of the proposed vendor or facility proposed to collect or receive recycled material; and

(6) A description of green building practices in use, if any.

(d) All customers with projects subject to the provisions of this chapter shall implement, at a minimum, the measures identified in the construction and demolition recycling plan, and shall demonstrate compliance with the following construction-site requirements:

(1) Construction waste and demolition debris shall be removed from the construction site on a regular basis, and shall not be stored on site and in the open for a period in excess of four (4) weeks, provided that such waste is not hazardous or noxious and does not constitute a nuisance, in which case it must be appropriately secured and regularly removed from the construction site;

(2) Reasonable efforts shall be demonstrated to provide for segregation of recyclable construction materials and demolition debris for diversion from landfills; and

(3) Construction waste and demolition debris that may become windblown shall be containerized to prevent litter.

(e) No demolition permit or building permit shall be issued for any development activity subject to this chapter, unless the construction and demolition recycling plan has been approved by the City.

(f) The issuance of the certificate of occupancy will be conditional on submittal of a report that documents the construction and demolition debris recycled. The report shall be submitted to the Administrator and shall contain the following information:

(1) The estimated and actual quantities of all construction waste and demolition debris listed in the construction and demolition recycling plan;

(2) Copies of recycling receipts or other pertinent documentation that demonstrate waste diversion and recycling in conformance with the approved construction and demolition recycling plan. Customers shall make reasonable efforts to ensure that all construction and demolition debris diverted for recycling or hauled to a landfill are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales 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, customers shall use the standardized conversion rates approved by the City for this purpose; and

(3) Any additional information the customer believes is relevant to determining its efforts to comply in good faith with this section.

(§ 1, Ord. 3187, eff. January 1, 2022)

As an alternative to the sixty-five percent (65%) diversion requirement, a customer may meet the diversion requirements by ensuring that the combined weight of new construction disposal does not exceed three and four-tenths (3.4) pounds per square foot of the building area for low-rise residential structures, and two (2) pounds per square foot of building area for other structures.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) The following commercial customers shall recycle and divert from the landfill recyclable materials generated by the customer in accordance with this § 6-3.604:

(1) A commercial business that generates four (4) cubic yards or more of solid waste per week;

(2) A multi-family dwelling of five (5) units or more.

(b) Businesses subject to this § 6-3.604 shall arrange for recycling services from the Collector or a Non-Waste Dealer. A customer subject to this § 6-3.604 shall take at least one (1) of the following actions:

(1) Source separate recyclable materials from other solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials.

(2) Subscribe to a recycling service that may include mixed-waste processing that yields diversion results comparable to source separation.

(c) A customer meeting the conditions of § 6-3.604(a) may request an exemption from the requirements of § 6-3.604(b) by submitting an application on a form prescribed by the Administrator. After reviewing the exemption request, the Administrator shall either approve or disapprove the exemption request. To be eligible for an exemption from requirements of this section, the business must demonstrate that:

(1) There are no recyclable materials being generated by any activities of the customer;

(2) There is inadequate storage space for the storage of recyclable materials;

(3) There is no viable market for the recycling materials or recycling facility available.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

(a) A customer meeting the conditions of § 6-3.604(a)(1) that generates four (4) cubic yards of solid waste per week shall recycle and divert from the landfill organics generated by the customer.

(b) A customer subject to this section shall arrange for organics service from the Collector or a Non-Waste Dealer. A customer subject to this section shall take at least one (1) of the following actions:

(1) Source separate organic waste from other solid waste and subscribe to a basic level of organics recycling service that includes collection and recycling of organics.

(2) Recycle its organics onsite or self-haul its own organics for recycling.

(3) Subscribe to an organics service that may include mixed-waste processing that specifically recycles organics.

(c) A customer subject to this section may request an exemption from the requirements of § 6-3.605(b) by submitting an application on a form prescribed by the Administrator. After reviewing the exemption request, the Administrator shall either approve or disapprove the exemption request. To be eligible for an exemption from the requirements of § 6-3.605(b), the customer must demonstrate that:

(1) There is less than one-half (½) of a cubic yard per week of organics being generated by any activities of the customer;

(2) There is inadequate storage space for the storage of organics;

(3) There is no viable market for the organics or organic recycling facility available.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)