Pomona Municipal Code § 62-877 On-site practices

Footnotes:

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Cross reference— Buildings and building regulations, ch. 74.

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

Construction means all building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of designated recyclable and reusable materials as defined in this section.

Contractor means any person holding or required to hold a contractor's license of any type under the laws of the state 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.

Demolition and construction wastes means:

(1) Discarded materials generally considered to be insoluble in water and nonhazardous in nature, including, but not limited to, metal, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project and from removal, installation or repair of any paved surface.

(2) Clean cardboard, paper, plastic, wood, and metal scraps from any construction, paving, and/or landscape project.

(3) Nonconstruction and demolition wood waste.

(4) De minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.

(5) Mixing of construction and demolition debris with other types of solid waste that causes it to be classified as other than construction and demolition waste.

Designated recyclable and reusable materials means:

(1) Building materials, including all products generally used in construction, including but not limited to asphalt, concrete, rock, stone and brick.

(2) Wood materials, including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, chromated copper arsenate (CCA) pressure treated, contaminated or painted.

(3) Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use.

(4) Metals, including all metal scrap such as but not limited to pipes, siding, window frames, door frames and fences.

(5) Roofing materials, including wood shingles as well as asphalt, stone and slate-based roofing material.

(6) Asphaltic or concrete materials used in paving of parking lots, roadways, and other structures.

(7) Salvageable materials, including all salvageable materials and structures, including but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bathtubs and appliances.

(Ord. No. 3987, § 1(12.200), 6-2-2003)

Cross reference— Definitions generally, § 1-2.

Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this division. Recovered or salvaged materials may be given or sold on the premises or may be removed to reuse warehouse facilities for storage or sale.

(Ord. No. 3987, § 1(12.201), 6-2-2003)

(a) It is required that at least 50 percent of demolition and construction wastes generated be diverted from every demolition, remodeling and construction project by using recycling, reuse or other diversion programs.

(b) Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.

(Ord. No. 3987, § 1(12.202), 6-2-2003)

(a) As a condition precedent to issuance of a permit for any construction or demolition project that involves the generation of solid waste destined to be delivered to a landfill, the applicant shall post deposit in the form of cash, money order or cashier's check in an amount to be determined by the city but not less than $1,000.00 and not more than $15,000.00.

(b) The deposit or cash bond shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the building official that no less than the required percentage or proven proportion of those percentages of the tons of wastes generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of wastes than required is diverted, but not less than 25 percent, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to the extent that there is a failure to comply with the minimum diversion requirements of this division.

(Ord. No. 3987, § 1(12.203), 6-2-2003)

Every applicant shall submit a properly completed recycling and reuse summary report, on a form as prescribed by the city manager, to the building official as a portion of the building or demolition permit process. The form shall contain an accurate compilation of the tonnage or other specified units of construction and/or demolition wastes diverted from landfill. Approval of the form as complete and accurate shall be a condition precedent to issuance of any certificate of occupancy or notice of project completion.

(Ord. No. 3987, § 1(12.204), 6-2-2003)

As a condition precedent to issuance of any permit for a building or a demolition project that involves the production of solid waste destined to be delivered to a landfill, the applicant shall pay to the city a cash 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 fee.

(Ord. No. 3987, § 1(12.205), 6-2-2003)

During the term of the demolition or construction project pursuant to this division, the contractor shall recycle or divert the required percentages of materials and keep records thereof in tonnage or in other measurements approved by the building official that can be converted to tonnage. The building official will monitor and evaluate each project to gauge the percentage of materials recycled, salvaged and disposed from the project. The required diversion of a minimum of the required percentages of the demolition and construction debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. To the maximum extent feasible on-site separation of scrap wood and clean green waste in a designated debris box shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials which cannot be chipped or ground shall not be placed in such boxes. On-site separation shall be undertaken for wallboard to the extent feasible on new construction.

(Ord. No. 3987, § 1(12.206), 6-2-2003)

Within 60 days following the completion of the demolition project and, again, within 60 days following the completion of the construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the building official that proves compliance with the requirements of section 62-875. The documentation shall consist of a final completed recycling and reuse summary report showing actual data of tonnage of materials recycled and diverted, supported by originals 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 materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the building official before issuance of a building permit for the construction project. In the alternative, the contractor may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the building official. Any deposit posted pursuant to section 62-874 shall be forfeited if the contractor does not meet the timely reporting requirements of this section.

(Ord. No. 3987, § 1(12.207), 6-2-2003)

Each violation of this division shall constitute a public nuisance and shall be deemed a misdemeanor.

(Ord. No. 3987, § 1(12.208), 6-2-2003)