Chapter 8.06 — RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION (C&D) WASTE

• (A) The City Council is committed to protecting the public health, safety, welfare of the public, and the environment; and

• (B) To meet these goals it is necessary that the City promote the reduction of solid waste and reduce the stream of solid waste going to landfills; and

• (C) Under California law, as embodied in the California Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), the City is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to $10,000 per day; and

• (D) To meet these goals it is necessary that the City promote the reduction of solid waste, and reduce the stream of solid waste going to landfills; and

• (E) Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City, and much of this waste is particularly suitable for recycling and reuse; and

• (F) The City's commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition ("C&D") waste; and

• (G) The purpose of this chapter is to reduce landfill waste by requiring an applicant for every covered project to divert construction and demolition debris resulting from that project in compliance with State and local statutory goals and policies and to create a mechanism to secure compliance with the stated diversion requirements.

• (Ord. 1601 § 1, 2023)

For the purposes of this chapter the following definitions apply:

"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 construction, demolition, or renovation project within the City.

"City-sponsored project" means a project constructed by the City or a project receiving 50 percent or more of its financing from the City.

"Compliance official" means the building official or the person designated by the building official to oversee compliance with this chapter.

"Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

"Construction and demolition material (C&D material)" means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that

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City of Palmdale, CA

HEALTH AND SAFETY

§ 8.06.020

§ 8.06.020

are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

"Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City.

"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 the waste management plan.

"Covered project" shall have the meaning set forth in PMC § 8.06.050.

"Deconstruction" means the careful dismantling of buildings and structures in order to salvage as much material as possible.

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

"Deposit" means any performance bond, surety bond, money order, letter of credit, certificate of deposit, or restricted bank account provided to the City pursuant to City requirements and/or State law.

"Disposal" means the final deposition of construction and demolition or inert material, including but not limited to:

• (1) Stockpiling onto land of construction and demolition material that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; or

• (2) Stockpiling onto land of construction and demolition material that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year; or

• (3) Stockpiling onto land of inert material that is for a period of time greater than one year; or

• (4)

• Disposal of construction and demolition or inert material to a landfill.

"Diversion requirement" means the diversion of at least 65 percent of the total construction and demolition material generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to PMC § 8.06.040, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan compliance official in relation to the project.

"Divert" means to use material for any purpose other than disposal in a landfill or transformation facility.

"Inert disposal facility/inert waste landfill" means a disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal.

"Inert solids/inert waste" means nonliquid solid resources including, but not limited to, soil

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City of Palmdale, CA § 8.06.020

PALMDALE CODE

§ 8.06.040

and concrete, that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional water board pursuant to Division 7 (Section 13000 et seq.) of the California Water Code and do not contain significant quantities of decomposable solid resources.

"Mixed material" means loads that include commingled recyclables and nonrecyclable materials generated at the project site.

"Mixed material recycling facility" means a processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering reusable and recyclable materials and disposing of the nonrecyclable residual materials.

"Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.

"Renovation" means any change, addition or modification in an existing structure.

"Reuse" means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.

"Salvage" means the controlled removal of construction and demolition material from a permitted building or construction site for the purposes of recycling, reuse, or storage for later recycling or reuse.

"Separated for reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return 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, and includes source-separated materials.

"Source-separated materials" means materials that are sorted at the site of generation by individual material type, including commingled recyclable materials for the purpose of recycling, e.g., loads of concrete that are source-separated for delivery to a recycling facility.

"Waste hauler" means a company that possesses a valid permit from the City of Palmdale to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City's name.

"Waste management plan (WMP)" means a completed waste management plan form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

"Waste management plan (WMP) compliance officer" means the public works director or his or her designee. (Ord. 1601 § 1, 2023)

At least 65 percent of waste tonnage from construction, demolition, and renovation waste shall be diverted from disposal.

(Ord. 1601 § 1, 2023)

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City of Palmdale, CA

HEALTH AND SAFETY

§ 8.06.040

§ 8.06.050

• (A) Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan (WMP) required under PMC § 8.06.060.

• (B) Meeting with Compliance Official. The compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss feasible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the compliance official shall determine whether it is feasible for the applicant to meet the diversion requirement.

• (C) Granting of Exemption. If the compliance official determines that it is infeasible for the applicant to meet the diversion requirements, he or she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement the applicant shall be required to meet, and will inform the applicant in writing of the new requirement. The applicant shall resubmit another WMP, which is in compliance with the new diversion requirement. If the applicant fails to resubmit, or if the resubmitted WMP does not comply with PMC § 8.06.060, the compliance official shall disapprove the WMP in accordance with PMC § 8.06.060.

• (Ord. 1601 § 1, 2023)

• (A) Covered Projects (Construction and Renovation). All permitted construction and renovation projects within the City shall comply with this chapter, shall submit a waste management plan prior to commencing any construction or renovation activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in PMC § 8.06.100, Fines/penalties.

• (B) Covered Projects (Demolition). All permitted demolition projects within the City shall comply with this chapter, shall submit a waste management plan prior to commencing any demolition activities, and shall be subject to the provisions of this chapter. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in PMC § 8.06.100, Fines/penalties.

• (C) City-Sponsored Projects (Construction and Renovation). All City-sponsored construction and renovation projects shall be considered "covered projects" for the purposes of this chapter, shall submit a waste management plan prior to beginning any construction or renovation activities, and shall be subjected to the provisions of this chapter.

• (D) City-Sponsored Projects (Demolition). All City-sponsored demolition projects shall be considered "covered projects" for the purposes of this chapter, shall submit a waste management plan prior to beginning any demolition activities, and shall be subjected to the provisions of this chapter, except that City-sponsored projects need not provide a diversion deposit.

• (E) Deconstruction/Recovery Interval for Covered Demolition Projects. Every covered demolition project shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the applicant to recover the maximum feasible

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City of Palmdale, CA

PALMDALE CODE

§ 8.06.050

§ 8.06.060

amount of designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable material from every project shall qualify to be counted in meeting diversion requirements of PMC § 8.06.030, Diversion requirement. Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises or may be removed to reuse facilities for storage or sale.

• (F) Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

• (G) Exemptions. A diversion deposit and a waste management plan shall not be required for the following projects:

  • (1) Work for which a building or demolition permit is not required.

  • (2) Roofing projects that do not include tear-off of existing roof.

  • (3) Work for which only a plumbing, only an electrical, or only a mechanical permit is required.

  • (4) Seismic tie-down projects.

  • (5) Projects where no structural building modifications are required.

• (6) Emergency demolition required to protect public health and safety.

(7) For City-sponsored projects, see subsection (D) of this section. Note: While not required, it shall be encouraged that at least 25 percent of all projectrelated construction and demolition waste from exempt projects be diverted. (Ord. 1601 § 1, 2023)

• (A) Prior to starting a covered project, every applicant shall submit a properly completed waste management plan (WMP) to the compliance official, in a form as prescribed by that official, as a portion of the building or demolition permit process. The completed WMP shall contain the following:

  • (1) The estimated volume or weight of project waste to be generated by material type;

  • (2) The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling by material type;

  • (3) The vendor(s) that the applicant proposes to use to haul source-separated recyclables and the method of hauling construction and demolition waste, either the City's licensed franchised solid waste collector or the applicant's in-house staff and equipment as noted below;

  • (4) Facility(ies) the materials will be hauled to, and their expected diversion rates by material type;

  • (5) Estimated volume or weight of construction and demolition waste that will be disposed.

• (B) No person other than the City's licensed franchised solid waste collector may collect or haul

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City of Palmdale, CA

HEALTH AND SAFETY

§ 8.06.060

§ 8.06.070

any construction and demolition waste within the City except:

• (1) Source-separated recyclables (e.g., wood, scrap metals, new drywall scrap) which consist of materials that have been separated from general construction and demolition waste for the express purpose of recycling. Loads consisting of recyclable materials that contain more than 10 percent of residual (nonrecyclable) materials shall not be considered source-separated recyclables; or

• (2) Construction and demolition waste that is:

  • (a) Removed from a premises by a licensed contractor as an incidental part of a total construction, remodeling or demolition service offered by that contractor; and

  • (b) Directly loaded onto a fixed-body vehicle and hauled directly to a transfer station or disposal facility.

• (C) Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the WMP, the applicant shall use conversion rates approved by the City of Palmdale for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected feasible diversion rate as described above and finds the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the WMP shall be deemed incomplete.

  • (1) Approval. No building or demolition permit shall be issued for any covered project unless and until the compliance official has approved the WMP. Approval shall not be required, however, where emergency demolition is required to protect public health or safety. The compliance official shall only approve a WMP if he or she determines that all of the following conditions have been met:

• (a) The WMP provides all of the information set forth in this section;

  • (b) The WMP indicates that 65 percent of all C&D waste generated by the project shall be diverted (or new diversion goal set in accordance with the applicant's approved diversion exemption request); and

  • (c) The applicant has submitted an appropriate deposit for the project (if a deposit is required by this chapter).

  • (2) Nonapproval. If the compliance official determines that the WMP is incomplete or fails to indicate that at least 65 percent (or new diversion goal set in accordance with the applicant's approved diversion exemption request) of all C&D waste generated by the project will be diverted, he or she shall either:

    • (a) Return the WMP to the applicant marked "Disapproved," including a statement of reasons, and will notify the building department, which shall then immediately stop processing the building or demolition permit application; or

    • (b) Return the WMP to the applicant marked "Further Explanation Required."

• (Ord. 1601 § 1, 2023)

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City of Palmdale, CA

PALMDALE CODE

§ 8.06.070

§ 8.06.090

• (A) Amount of Deposit. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a deposit (cash, letter of credit, performance or surety bond, money order) in the amount of two percent of the total estimated construction costs, but not less than $1,000 or more than $100,000, unless the City Council, by resolution or ordinance, has modified the amount of the required deposit, (which may include revisions to minimum and maximums), in which case that revised amount shall apply.

• (B) Return of Deposit. The deposit shall be returned, without interest, in total or prorated, upon proof of satisfaction by the compliance official that no less than the required percentage of construction and demolition waste tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition waste tonnage than required is diverted, a proportionate share of the deposit shall be returned. Further, the deposit shall be forfeited entirely or to the prorated extent that there is a failure to comply with the requirements of this chapter. By way of example, if the applicant diverted only 30 percent of the amount required to be diverted, then only 30 percent of the deposit shall be returned.

• (Ord. 1601 § 1, 2023)

During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste and keep records of the tonnage or other measurements approved by the City that can be converted to tonnage amounts. The compliance official will evaluate and may monitor each covered project to determine the percentage of waste salvaged and recycled or reused from the covered project. For covered projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.) and dimensional lumber, wallboard, concrete and corrugated cardboard.

(Ord. 1601 § 1, 2023)

• (A) Within 15 working days following the completion of the demolition phase of a covered project, and again within 15 working days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the compliance official that proves compliance with the requirements of PMC § 8.06.030, Diversion requirement, and 8.06.060, Waste management plan. The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or is to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reusable waste salvaged or disposed is measured and recorded using the most accurate method of measurement available.

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City of Palmdale, CA

HEALTH AND SAFETY

§ 8.06.090

§ 8.06.120

• (B) To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste 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. If a covered 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 phase of a covered project. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the compliance official. Any deposit posted pursuant to PMC § 8.06.070, Deposit required, shall be forfeited if the applicant does not meet the timely reporting requirements of this section.

• (Ord. 1601 § 1, 2023)

• (A) Each person, firm, corporation or other legal entity who fails to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.20 PMC.

• (B) Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

• (C) Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of Chapter 1.20 PMC and the City's nuisance abatement regulations. The costs of abatement of any such nuisance shall be a lien upon the property involved.

• (Ord. 1601 § 1, 2023)

The applicant or any interested person may appeal a decision of the compliance official made pursuant to this chapter to the City Manager by filing a written appeal with the City Clerk, within 10 business days from the date of the ruling of the compliance official. Determinations subject to appeal would include, but not necessarily be limited to: (A) the granting or denial of an exemption; (B) whether the applicant has acted in good faith; and (C) the amount of deposit to be released. The City Manager shall render a decision after the close of the appeal hearing and such decision shall be final, subject to review pursuant to Section 1094.5/1094.6 et seq. of the Code of Civil Procedure.

(Ord. 1601 § 1, 2023)

As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall pay to the City a fee sufficient to compensate the City for all expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the then-current resolution of the City Council determining the same.

(Ord. 1601 § 1, 2023)

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City of Palmdale, CA