Rancho Palos Verdes Municipal Code Ch. 12.06 Regulation of Earth Hauling Operations

The purpose of this chapter is to impose reasonable regulations on earth hauling operations conducted anywhere within the city, including on city rights-of-way and on private property located within the city, in order to:

A. Protect public health, safety, and welfare by preventing or minimizing the risk of introduction of hazardous or contaminated fill materials into the city, consistent with the guidance promulgated by the state department of toxic substances control;

B. Ensure that earth hauling operations are conducted in a safe and responsible manner; and

C. Prevent earth hauling operations from causing undue damage and deterioration to city streets and other infrastructure.

(Code 1981, § 12.06.010; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

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:

Certified means and refers to earth that, based upon appropriate inspection and/or testing, has been certified as clean fill in writing by an individual who is appropriately licensed, registered, and/or qualified to certify fill material as clean fill.

City manager includes their designee.

Clean fill means and refers to fill materials that are either:

A. Safe for use as fill material and comport with all applicable criteria promulgated by the DTSC regarding selection and identification of fill materials to prevent or minimize the introduction or use of contaminated fill; or

B. Free of all deleterious materials and contaminants, including, but not limited to, corrosives, combustibles, noxious, reactive or otherwise hazardous materials, radioactive substances, metal, glass, and wood.

DTSC means and refers to the state department of toxic substances control.

Department means and refers to the city's public works department.

Director means and refers to the city's public works director, or their designee.

Earth means and refers to dirt, fill and cut dirt, soil (including subsoil and topsoil), soil aggregates, and other materials normally resulting from or used in grading, excavating or filling operations. Earth does not include rock-based materials, asphalt concrete, or other materials that are used or customarily used as roadway, parking area, or other above-ground construction materials.

Fill materials means and refers to earth that is used in a filling operation.

Haul, hauled, and hauling mean and refer to the movement or transportation of earth between a site located outside the city and a site located within the city, and includes the loading, offloading and placement of earth for purposes of, or resulting from, such movement or transportation. The terms "haul," "hauled," and "hauling" do not include the reuse, movement or transportation of earth at or between sites located entirely within the city, unless the earth is being taken from a site within the city that was previously used for industrial or commercial purposes and/or that contains known or suspected pollution, including, but not limited to, soil contamination due to hazardous materials.

Qualified inspector or inspector means an individual who is knowledgeable and experienced in implementation of the guidance promulgated by the DTSC regarding minimizing the possibility of introducing contaminated soil onto a site that requires imported fill material, and who is otherwise properly licensed, registered and/or qualified to act as an inspector on behalf of the city pursuant to this chapter.

Test or testing means and refers to chemical analysis, or other chemical testing, of fill materials to determine the composition of such materials and/or to ensure that such materials constitute clean fill.

(Code 1981, § 12.06.020; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

It is unlawful for any person to conduct or engage in any operation or activity involving the hauling of earth in the city, in the cumulative amount of 20 cubic yards of earth or more within any two-year period, unless such activity is conducted pursuant to an earth hauling permit issued by the department in accordance with this chapter. The permit required pursuant to this chapter shall be in addition to any grading or other permit required by this Code.

(Code 1981, § 12.06.030; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

All applications for earth hauling permits shall be submitted to the department and shall contain the following information:

A. The name, address, email address, and telephone number of the following, as applicable:

1. The applicant;

2. The applicant's business;

3. The owner of the earth to be hauled;

4. The owner of the property where the earth will be loaded for hauling;

5. The owner of the property where the earth will be offloaded after hauling;

B. The total number of cubic yards of earth to be hauled;

C. The total load weight of earth to be hauled (as evidenced by a bill of lading);

D. The address of origin (loading point) of the earth hauling operation;

E. The address of the destination (offloading point) of the earth hauling operation;

F. A statement of the purpose of the earth hauling operation;

G. A statement of whether any of the earth to be hauled will be used in the city as fill materials, and if so, the total weight and volume of such fill materials;

H. The name of the construction, grading, or other project with which the earth hauling operation is associated, or a statement of the purpose for which the earth hauling operation is undertaken;

I. A copy of all building, grading, or other permits obtained from the city's community development department for the construction project with which the earth hauling operation is associated, including, but not limited to, any grading permit required pursuant to section 17.76.040 (Grading permit), as applicable;

J. A haul route plan detailing the proposed route within the city to be traversed by the earth hauling operation, including a list of all streets and other rights-of-way, and the specific portions thereof, upon which all vehicles associated with the earth hauling operation will travel;

K. A list of all vehicles, identified by make, model, and license plate number that will be used in association with the earth hauling operation;

L. A statement of the specific types and/or classifications of earth to be hauled, including area (in cubic yards) and weight measurements for each type of material to be hauled, if multiple types of material are involved;

M. A statement describing how the earth will be secured and/or covered during hauling so as to prevent it from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle being used to haul it;

N. A declaration under penalty of perjury that, with respect to all earth to be used in the city as fill materials, the fill materials constitute certified clean fill, certified by or on behalf of the supplier of the fill materials;

O. Written certification, by or on behalf of the supplier of all fill materials to be used in the city, that such materials constitute certified clean fill, and any other documentation possessed by the applicant relevant to whether the fill materials constitute certified clean fill. If some or all of the fill materials have not been purchased at the time the application is submitted, issuance of any earth hauling permit shall be conditioned upon the department's receipt, review, and approval of such documentation for all fill materials to be used, prior to commencement of earth hauling activities;

P. The proposed dates of the earth hauling operation, from commencement to completion;

Q. The proposed hours of operation during each proposed day that the earth hauling operation will be ongoing;

R. Signed written consent, on forms provided by the city, to inspection and testing of fill materials as may be authorized or required pursuant to section 12.06.070 (Permit inspections and testing) from:

1. The owner of all earth to be hauled;

2. The owner of the property where the earth is to be loaded; and

3. The owner of the property where the earth is to be offloaded;

S. Proof of financial responsibility for all vehicles to be used, as required pursuant to section 12.06.060(E); and

T. Proof of commercial general liability insurance as required pursuant to section 12.06.090(B).

(Code 1981, § 12.06.040; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

A. The director shall review each application and, upon making a determination that an application is complete, accurate, timely, and satisfies all applicable requirements of this chapter, shall issue an earth hauling permit to the applicant, subject to such conditions as the director may deem necessary and appropriate to effect the provisions of this chapter. If an application is incomplete, inaccurate, untimely, or does not satisfy the requirements of this chapter, the director shall deny the application.

B. The director may deny an application or require testing as a condition of permit issuance if, based on the application, the director has reason to believe that any fill materials to be placed in the city do not constitute clean fill, or will not constitute clean fill at the time such materials are placed, notwithstanding that such fill materials are or may be certified.

C. Each earth hauling permit shall include an approved haul route for the earth hauling operation, specifying the portions of all city streets and other rights-of-way to be traversed by the earth hauling operation. The approved haul route should be based on the director's consideration of the safest, most feasible, and most efficient means of hauling the earth from its origin to its destination. Any deviation from the approved haul route by the permit holder without prior consent of the director shall constitute a violation of this chapter.

D. The director, in connection with the issuance of any earth hauling permit, may impose such traffic control devices and/or parking restrictions as may be authorized under applicable state law and this municipal code, for the purpose of maximizing the ability of the earth hauling operation to proceed in a safe, responsible, and efficient manner. Notice of any such devices and restrictions imposed by the director shall be included in the earth hauling permit or the conditions thereto.

(Code 1981, § 12.06.050; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

A. As a condition of use and effectiveness of any earth hauling permit issued pursuant to this chapter, prior to commencement of any permitted earth hauling activities, a qualified inspector acting on behalf of the city shall inspect all earth to be hauled in order to confirm that the permit holder is in compliance with section 12.06.060 (Operational requirements) and that all fill materials to be used in the city constitute clean fill.

B. In connection with the inspection, the inspector may conduct or order testing, at the expense of the permit holder, of all fill materials to be used in the city, if and only if the inspector has reason to believe that such materials do not constitute clean fill, notwithstanding the clean fill certification obtained or possessed by the permit holder.

C. After the initial inspection and/or testing, the inspector shall proceed as follows:

1. If the inspector determines that the permit holder is not in compliance with section 12.06.060 (Operational requirements), or that any fill materials to be used in the city do not constitute clean fill, they shall notify the permit holder and the director immediately. The director shall suspend or revoke the subject earth hauling permit as the director deems necessary in furtherance of the purposes of this chapter and shall not reinstate the permit or issue a new earth hauling permit until the permit holder has demonstrated, to the satisfaction of the director, that the violations have been corrected.

2. If the inspector is unable to conclusively determine whether or not any fill materials to be used in the city constitute clean fill, or if the inspector has reason to believe that any such materials may at any point during the hauling operation become subject to contamination, the inspector may conduct further inspections and testing as reasonably necessary to ensure that no fill materials that do not constitute clean fill are placed in the city. If such further inspections and/or testing reveal that any such fill materials do not constitute clean fill, the inspector shall inform the permit holder and the director immediately. The director shall suspend or revoke the subject permit as the director deems necessary to ensure that no fill materials that do not constitute clean fill are placed in the city and shall not reinstate the permit or issue a new earth hauling permit until the permit holder has demonstrated, to the satisfaction of the director, that the violations have been corrected.

(Code 1981, § 12.06.070; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

A. Permit application fees.

1. In connection with submission of any earth hauling permit application, and as a condition of such application being deemed complete, the applicant shall be required to pay a permit application fee, in an amount set by resolution of the city council, in order to cover the city's costs of processing applications pursuant to this chapter.

2. Notwithstanding subsection (A)(1) of this section, in the event the earth hauling activity proposed by the application is limited to a single trip undertaken by a single vehicle, the permit application fee provided for in subsection (A) of this section shall not be required.

B. Trust deposit.

1. Irrespective of the applicability or inapplicability of the permit application fees provided for by subsection (A) of this section to a given permit application, each applicant shall be required to pay the city's direct costs of conducting all authorized or required inspections and testing, to the extent applicable, pursuant to section 12.06.070 (Permit inspections and testing).

2. Prior to commencement of permitted earth hauling operations, the permit holder shall make an initial deposit, in an amount set by resolution of the city council, for payment of the city's costs of performing initial permit inspections pursuant to section 12.06.070(A).

3. The city shall hold the deposit in trust for the applicant and shall draw down on the deposit as necessary to cover its costs pursuant to section 12.06.070(A). In the event that the city's actual costs of performing the initial permit inspection pursuant to section 12.06.070(A) exceed the amount of the deposit, or in the event the city deems it necessary to perform further permit inspections and/or testing pursuant to section 12.06.070(B) and (C), the permit holder shall be required to supplement or replenish the initial deposit in order to pay the additional costs to the city within a reasonable time upon receiving a written request for the additional deposit amount from the director, supported by documentation reflecting the direct costs to the city of providing such services or causing such services to be provided. In the event the permit holder fails to do so, the director shall be authorized to suspend the subject earth hauling permit until such time as the permit holder supplements or replenishes the deposit in the full amount requested.

4. The city shall refund any unspent balance of the deposit to the permit holder upon completion of all authorized or required inspections and testing pursuant to section 12.06.070 (Permit inspections and testing).

(Code 1981, § 12.06.080; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

A. Issuance of earth hauling permits pursuant to this chapter is conditioned upon the applicant furnishing the city with security in the form of a bond or bonds issued by one or more duly authorized corporate sureties in an amount sufficient to indemnify the city against any damage it might suffer by reason of the permitted earth hauling activities, as determined by the director. Notwithstanding the foregoing, the director may exempt an applicant from the security requirement of this section if they determine such security is unnecessary based on factors such as the size and duration of the project and the potential for impact on public safety and infrastructure.

B. The applicant shall maintain a policy of commercial general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.

(Code 1981, § 12.06.090; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

A. If the director determines that a permit holder has violated this chapter or any condition of approval of a permit issued pursuant to this chapter or becomes aware of any information that would have constituted a basis for the director to deny the permit holder's application pursuant to this chapter, they may suspend or revoke the permit, in their discretion, upon providing notice of such suspension or revocation to the permit holder. Notice may be given by any means necessary to provide actual and immediate notice, and written notice shall be mailed to the permit holder via certified mail. The notice shall state the reasons for the suspension or revocation, the length of any suspension, and the right to appeal the notice pursuant to subsection (B) of this section.

B. The permit holder may appeal, to the city manager, a decision of the director made pursuant to subsection (A) of this section. The appeal shall be submitted to the department in writing within five calendar days of receipt of notice of the decision and shall specify the basis for the appeal. Upon receiving the appeal, the city manager shall schedule and conduct a hearing thereon, and the appellant shall be provided with at least ten calendar days' notice of the hearing. During the pendency of the appeal, the director's decision shall remain in effect and shall not be stayed. After the hearing, the city manager shall render a written decision on the appeal, which shall constitute a final administrative decision. The city manager's decision shall include reference to, and may be challenged under, Code of Civil Procedure §§ 1094.5 and 1094.6.

C. Notwithstanding subsections (A) and (B) of this section, every person who violates any provision of this chapter or any permit issued pursuant to this chapter is guilty of a misdemeanor and is guilty of a separate offense for every day during any part of which such violation occurs.

(Code 1981, § 12.06.100; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)

The city's remedies under this chapter are cumulative and are not restrictive of such other remedies as may be available to the city under applicable law, including, but not limited to, chapters 1.08 (General penalty) and 1.16 (Administrative penalties).

(Code 1981, § 12.06.110; Ord. No. 599, § 2, 3-20-2018; Ord. No. 607, § 2, 5-15-2018)