Chapter 7.44 — CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

The purpose of this chapter is to promote the recycling of construction and demolition debris which is recyclable and reusable to protect the public health, safety and welfare and to meet the city's obligations under state law, including Assembly Bill 939. Accordingly, this chapter establishes regulations to compel applicants for covered projects to divert a minimum of 50 percent of their construction and demolition debris from landfills.

(Code 1972, § 7.44.010; Ord. No. 1197, § 2(part), 2006)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 any permit, as defined in this chapter, and who, therefor, becomes responsible for complying with this chapter.

Board means the California Integrated Waste Management Board.

City manager means the Perris city manager, or his designee.

Completion means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the city for a project, the date a certificate of occupancy is issued by the city for a project, or the date the final city inspection approving the project is completed.

Construction means the building or enlargement of any structure, or any portion thereof, which includes, without limitation, any alterations or improvements to an existing structure for the purpose of grading or paving.

Construction and demolition material means excess or discarded material or other debris that is removed from a site during or after the construction or demolition of any structure, fence, wall, grading or paving. Construction and demolition materials include bathroom fixtures, appliances, windows, masonry building materials and roofing materials.

Conversion rate means the rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, approved by the board.

Covered project means any project meeting the thresholds established in section 7.44.030.

Demolition means the razing, tearing down or wrecking of any structure, wall, fence or paving, whether in whole or in part, whether interior or exterior.

Director means the city's director of public works, or his designee.

Diversion requirement means the diversion of either:

(1)

The minimum of 50 percent of the total construction and demolition material generated by a covered project; or

(2)

The lower percentage requirement granted by an exemption pursuant to section 7.44.040.

Divert (and diversion) means the recycling and/or reuse of construction and demolition debris to avoid disposal in a landfill.

Excavation means digging or removing soil, rocks, gravel, sand or related materials from a site, including, but not limited to, such work as is customarily performed in connection with the construction of buildings or the dredging or construction of canals, drainage basins, waterways, lakes, levees, or dams.

Mining means any activity governed by the Surface Mining and Reclamation Act (Public Resources Code section 2710 et seq.).

Permit means any building, demolition or grading permit.

Project means any application for new construction, alteration or enlargement of any structure or surface, that requires a permit from the city.

Recycling and reuse means the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris that would otherwise be disposed of in a landfill for use as raw material for, new, reused, or reconstituted products which meet industry standards. For the purposes of this chapter, recyclable and reusable construction or demolition debris shall mean and include any material which is any of the following:

(1)

Masonry building materials and similar products generally used in construction, including, but not limited to, asphalt, concrete, rock, stone and brick;

(2)

Wood materials, including all dimensional lumber, fencing, or construction wood that has not been chemically treated, creosoted, CCA pressure treated, contaminated or painted;

(3)

Plant materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plant or green waste that is cleared from a site for construction or other purpose;

(4)

Metals, including all metal scrap, such as, but not limited to, pipes, siding, window frames, doorframes and fences;

(5)

Roofing materials, including wood shingles, asphalt, stone, tile and slate-based roofing materials;

(6)

Other salvageable materials, including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances;

(7)

Any other construction or demolition debris that is nonhazardous and available for recycling or reuse, as identified on the approved building plans issued by the city.

Structure means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.

Waste management plan means a plan, which must be approved in advance by the director, approximating the amount of construction and demolition material to be generated by a project and establishing methods by which the appropriate portion of such material will be diverted.

(Code 1972, § 7.44.020; Ord. No. 1197, § 2(part), 2006)

(a)

Unless otherwise determined to be exempt or unless a lower diversion rate is approved pursuant to section 7.44.040, projects meeting any of the following criteria shall be considered "covered projects" and shall comply with all provisions of this chapter, including, but not limited to, the 50 percent diversion requirement for construction and demolition materials:

(1)

Additions of 1,000 square feet or more of gross floor area;

(2)

Tenant improvements affecting 3,000 square feet or more of gross floor area;

(3)

All new structures;

(4)

Demolition of 1,000 square feet or more of gross floor area;

(5)

Excavation, mining, or grading activities that result in the export of earth, soil, rocks, gravel, plant or other materials off the project site;

(6)

All city public works and city public construction projects, provided that the waste management plan and diversion security deposit shall be prepared and submitted by the prime contractor constructing each such project.

(b)

Projects meeting any of the following criteria shall be exempt from the requirements of this chapter, provided that the applicant has provided the city with satisfactory evidence supporting the claimed exemption, and provided that the city has issued a written determination of exemption, which may take the form of a stamp or other notation of exemption on the application for a building, demolition or grading permit:

(1)

Projects not meeting any of the criteria described in subsection (a) of this section;

(2)

Immediate or emergency construction, repair, or demolition work required to protect the public health or safety in an emergency, as defined in section 21060.3 of the Public Resources Code, as it may be amended from time to time;

(3)

Work for which a building, demolition or grading permit is not required by this Code;

(4)

A project for which a valid building, demolition or grading permit has been issued prior to October 1, 2006, which does not expire prior to construction;

(5)

A city project for which the notice inviting bids has been published prior to October 1, 2006;

(6)

A roofing project which does not include tearing off an existing roof;

(7)

The installation of new fencing which does not include the replacement of existing fencing;

(8)

Excavation of residential swimming pools; or

(9)

Projects, as determined by the director, not anticipated to generate construction or demolition debris.

(Code 1972, § 7.44.030; Ord. No. 1197, § 2(part), 2006)

(a)

Prior to commencing demolition or construction, an applicant wishing relief from the requirements of this chapter may seek a complete or partial exception from the requirements of this chapter.

(b)

The exemption process shall be initiated by the filing of an application for exception with the director, and payment of any application fee established by resolution of the city council, as amended from time to time. The city council may establish, by resolution, an application fee in an amount sufficient to reimburse the city's costs to review an application for an exemption. The application shall indicate:

(1)

The estimated volume or weight of project waste to be generated identified by material type;

(2)

The maximum volume or weight of each type of material that can be feasibly diverted via reuse or recycling;

(3)

The vendors the applicant proposes to use to haul each type of material;

(4)

The volume or weight of each type of material that can be reused on site;

(5)

The volume or weight of each type of material that can be given away or sold on site;

(6)

The facility that each type of material will be hauled to, and the expected diversion rate per material type;

(7)

The estimated volume or weight of construction or demolition debris that will be disposed of as a part of the project per material type;

(8)

The specific circumstances the applicant believes make it infeasible to comply with the diversion requirement;

(9)

Any additional information requested by the director.

(c)

The director shall review the exemption application and either grant an exemption, authorize a reduced diversion requirement, or deny the application. The director may, but is not required to, meet with the applicant to discuss possible means of meeting the diversion requirements set forth in this chapter. A decision on an exemption application, or a conclusion that the application is incomplete, shall be rendered within ten business days of receipt of the application.

(d)

To grant a complete or partial exception from the requirements of this chapter, the director must make all of the following findings:

(1)

There are exceptional or extraordinary circumstances applicable to the project that do not apply generally to similar projects, such as contamination of construction and demolition materials by hazardous substances or low recyclability of specific materials to be used in or removed from the project;

(2)

Granting the application will not constitute a grant of special privilege inconsistent with limitations imposed on similar projects;

(3)

The cost to the applicant of strict compliance with the requirements of this chapter is not the primary reason for granting the exemption; and

(4)

The applicant has submitted the appropriate security deposit and fees.

(e)

If the director determines that the exemption application is incomplete or fails to indicate how at least 50 percent of all construction and demolition debris generated by the project will be diverted, the applicant shall be returned to the applicant indicating either:

(1)

"Further explanation needed" with a statement of the type of additional information needed; or

(2)

"Disapproved" with a statement of reasons for the disapproval.

(f)

When an application for exemption has been disapproved, the director shall notify the building department to immediately stop processing the building or demolition permit application.

(Code 1972, § 7.44.040; Ord. No. 1197, § 2(part), 2006)

(a)

Each applicant for a covered project that has not received an exemption pursuant to section 7.44.030 shall divert or cause to be diverted a minimum of 50 percent of the construction and demolition materials resulting from the project. Compliance with this requirement and the other provisions of this chapter shall be listed as a condition of approval on all building or demolition permits issued for a covered project.

(b)

Diversion may be satisfied by any of the following methods:

(1)

Documented on-site reuse of the construction and demolition debris;

(2)

Documented delivery of construction and demolition debris to an approved recycling facility;

(3)

Any other methods approved by the director, as set forth on the approved plans issued by the city.

(Code 1972, § 7.44.050; Ord. No. 1197, § 2(part), 2006)

(a)

The applicant for each covered project shall complete and submit to the director three copies of a waste management plan, as part of the application packet for a building, demolition or grading permit, including the payment of the security deposit required by section 7.44.070 and the payment of any application fee established by resolution of the city council. The city council may establish, by resolution, an application fee in an amount sufficient to recover the city's costs in administering this chapter, including, but not limited to, the city's costs to review the waste management plan, process the applicant's deposit, and conduct the compliance review required by section 7.44.090. The waste management plan shall include the following information, calculated with the applicable conversion rate:

(1)

The estimated volume or weight of construction and demolition material to be generated, with separate listings for each type of material;

(2)

The estimated volume or weight of construction and demolition material that can be diverted, with separate listings for each type of material;

(3)

The estimated volume or weight of construction and demolition material that will be landfilled as solid waste;

(4)

The vendor or facility that will collect or receive the construction and demolition material or that will deconstruct the existing structure. Applicants opting to self-haul construction and demolition material shall comply fully with the terms of this chapter, shall deliver such material only to a facility licensed to provide disposal and diversion services, and shall receive and retain receipts for all such material. Applicants who do not self-haul shall use the services of the solid waste hauler holding an exclusive solid waste franchise from the city (if an exclusive franchise has been awarded), unless the franchised hauler indicates in writing that it lacks sufficient equipment, expertise, or disposal or diversion capacity to handle construction and demolition material from an applicant's project;

(5)

The volume or weight of each type of material that can be reused on site;

(6)

The volume or weight of each type of material that can be given away or sold on site;

(7)

The estimated commencement date for the demolition or construction work;

(8)

Any additional information requested by the director.

(b)

Applicants are not required to make detailed measurements; a good-faith estimate of the quantity of each material will suffice.

(Code 1972, § 7.44.060; Ord. No. 1197, § 2(part), 2006)

Each applicant for a permit for a covered project shall submit with its waste management plan a diversion security deposit, in cash, cashier's check or money order, in the amount equal to three percent of the total

estimated project cost, or $10,000.00, whichever is less. The director may waive the diversion security deposit requirement if the total deposit required under this section would be $50.00 or less.

(Code 1972, § 7.44.070; Ord. No. 1197, § 2(part), 2006)

(a)

Notwithstanding any other provisions of this Code, no building permit shall be issued for any covered project unless and until the director has approved the waste management plan submitted for the project. A waste management plan shall be approved or disapproved within ten business days of submittal of a complete plan.

(b)

No waste management plan shall be approved unless the director makes all of the following findings:

(1)

The waste management plan provides all of the information required by section 7.44.060;

(2)

The waste management plan indicates that at least 50 percent of the construction and demolition material produced by the project will be diverted or that an exemption has been approved pursuant to section 7.44.040; and

(3)

The applicant has submitted the diversion security deposit required by section 7.44.070.

(c)

If the director makes the findings set forth in subsection (b) of this section, the waste management plan shall be stamped "approved," the director shall retain one copy of the plan, and shall forward copies of the stamped plans to the applicant and the development services department. If the director disapproves the waste management plan, the director shall state the grounds for denial in writing, retain one copy of the plan, and forward copies of the waste management plan and the grounds for denial to the applicant and the development services department. As an alternative to outright disapproval, the waste management plan may be returned to the applicant with a request for additional information.

(d)

If, during the course of the project, the applicant determines that the estimated weight or volume of construction and demolition material to be generated and or recovered from the project is substantially different from the weight or volumes set forth in the waste management plan, the applicant shall submit an addendum to the original waste management plan.

(Code 1972, § 7.44.080; Ord. No. 1197, § 2(part), 2006)

(a)

Within 30 days after the completion of any covered project, the applicant shall submit to the director a documentation concerning the applicant's compliance with the diversion requirements for the project. This documentation shall include:

(1)

Receipts from the vendor or facility that collected or received construction and demolition material from the project, noting the actual weight or volume of material collected or received, including separate summary listings for material diverted and material landfilled;

(2)

Information concerning the weight or volume of construction and demolition material recycled or reused in the project. If a compliance report is not submitted to the director within the timeframe specified above or if a compliance report is not turned in at all, the applicant's entire security deposit shall be forfeited unless a written request for extension has been submitted to the director, prior to the original due date of the report, with a written justification of the reasons why the report has been delayed and a statement of when the report shall be submitted, which shall be no later than 30 days from the original due date for the report. No compliance report may receive more than one extension.

(b)

All applicants shall make reasonable efforts to ensure that construction and demolition materials, whether diverted or landfilled, are measured and recorded. Volumetric measurements may be used, incorporating the standardized conversion rates approved by the city.

(c)

Deposit.

(1)

The director shall review the information submitted under subsection (a) of this section to determine whether the applicant has complied with the diversion requirement applicable to the project.

a.

If it is determined that the diversion requirement has been achieved, the full amount of the diversion security deposit shall be refunded to the applicant.

b.

If it is determined that the diversion requirement has not been met, that portion of the diversion security deposit shall be refunded which is equal to the portion of the diversion requirement that has been met, unless the director finds, in his sole discretion, that the applicant's failure to meet its diversion requirement has occurred despite the applicant's good-faith effort to satisfy the requirement. Any applicant who failed

to meet its diversion requirement who desires a waiver of the partial security deposit forfeit must include with its compliance report:

A specific request for a waiver of the partial security deposit forfeit; and

Documentation of its good faith efforts to comply with its diversion requirement.

(2)

Any portion of a diversion security deposit not released to the applicant shall be forfeited to the city, and shall be used either to offset administrative costs associated with enforcing the requirements of this chapter or for efforts to educate the community about the need for recycling and to encourage recycling.

(3)

Any deposit, or portion thereof, which is refunded shall be returned without interest.

(Code 1972, § 7.44.090; Ord. No. 1197, § 2(part), 2006)

(a)

It is unlawful and a violation of this chapter to do any of the following:

(1)

Willfully fail to comply with any provision of this chapter;

(2)

Provide false or misleading information in any plan, report, or document required by this chapter; or

(3)

Fail to meet the diversion requirement established by this chapter.

(b)

An applicant shall be guilty of a separate offense for each day during any portion of which a violation under this chapter is committed, continued, or permitted by the applicant. For failure to meet the diversion requirement, the violation shall be deemed to have commenced at the commencement of construction or demolition work, as shown on the applicant's waste management plan.

(c)

Any person who commits a violation described in subsection (a)(1) or (a)(2) of this section is guilty of a misdemeanor and may be punished by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment; provided, however, that the city prosecutor shall have the discretion to prosecute such violations as infractions.

(d)

Any person who willfully violates subsection (a)(3) of this section is guilty of an infraction and may be punished by a fine not to exceed $100.00 for the first violation, $200.00 for the second violation within a year, and $500.00 for each additional violation within one year.

(e)

In addition to the penalties set forth in subsections (b) and (c) of this section, when a violation of the provisions of this occurs, the city may use various administrative measures to ensure compliance, including, but not limited to:

(1)

Withholding a permit or a certificate of occupancy for a project until all violations have been corrected;

(2)

Issuing a stop work notice until all violations have been corrected;

(3)

Stopping all inspections for the project until all violations have been corrected; and

(4)

Applying any other civil or criminal penalties or liabilities recommended by the city attorney.

(f)

A violation of any provision of this chapter is declared to be a public nuisance, which may be abated by the city through any legal means. The penalties and remedies established by this chapter are cumulative and not exclusive, and this chapter shall not preclude any person from seeking any other remedies provided by law.

(Code 1972, § 7.44.100; Ord. No. 1197, § 2(part), 2006)

(a)

Any applicant aggrieved by any decision or finding made by the director to the city manager in the exercise of the authority granted herein, may appeal such decision or finding. An appeal must be filed within five days after receipt of notice of any protested decision or finding by filing with the city clerk, with a copy to

the director, a letter of appeal stating therein the basis for such appeal, including all evidence and legal arguments which the applicant wishes the city manager to consider.

(b)

An administrative hearing shall be held on a date nor more than 15 days after receipt by the city of the letter of appeal. The applicant shall be given at least five days' notice of the time and place of the hearing. The city manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show the cause why the decision or finding should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed.

(c)

At the conclusion of the hearing, or within five days thereof, the city manager shall provide the applicant with a copy of the hearing officer's decision, which shall be in writing and shall comprise a final and conclusive determination as to the matter appealed.

(Code 1972, § 7.44.110; Ord. No. 1197, § 2(part), 2006)