Rancho Santa Margarita Municipal Code Art. IV Construction and Demolition Debris Diversion

The purpose of this Article is to promote the recycling of C&D debris in order to protect the public health, safety, and welfare and to meet the City's obligations under AB 939.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

Designated recyclable and reusable materials means all C&D debris that fits within any of the following categories:

(1) Masonry building materials including all 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 is not 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 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, doorframes, and fences.

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

(6) 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 non-hazardous and available for recycling or reuse.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) All covered projects shall reuse, recycle, or divert the minimum percentage amount of designated recyclable and reusable materials as set forth by State law and regulations. The 2016 CALGreen (Part 11 of Title 24, California Code of Regulations) requires a minimum diversion of 65 percent, which is expected to increase to 75 percent for the 2019 edition that will be applicable in 2020.

(b) Diversion may be satisfied by any of the following methods:

(1) Use of new construction methods, approved by the City, that reduce the amount of C&D debris generated.

(2) On-site reuse of the C&D debris.

(3) Delivery of the C&D debris from a site to a recycling facility as described in this Article.

(4) Other methods approved by the City.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) Covered projects. All construction, demolition, addition, alteration, and remodel projects within the City not otherwise exempted under Section 5.06.870, are required to divert the minimum percentage amount of designated recyclable and reusable materials from landfills. Failure to comply with the diversion requirements of this Article shall cause the project applicant to forfeit its security deposit set forth in Section 5.06.880. Concurrent permits at the same site are considered one project for the purposes of this Article.

(b) City-sponsored projects. Documentation and diversion requirements for City-sponsored construction and demolition projects shall be included in the project contract with the City. These projects shall only be considered covered-projects if City identifies them as such on a project-by-project basis.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) Covered projects. All construction, addition, alteration, remodeling and demolition projects within the City that generate construction and demolition debris requiring a permit are considered covered projects, are required to divert the minimum percentage amount of designated recyclable and reusable materials from landfills, require the submittal of a waste reduction and recycling plan prior to beginning any construction, remodeling or demolition activities, and shall be subject to the provisions of this Article. Failure to comply with any of the terms of this Article shall subject the building/demolition permit applicant to the full range of enforcement mechanisms set forth in Sections 5.06.900 and 5.06.940.

(b) 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 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 the diversion requirement. Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises, or may be removed to re-use facilities for storage or sale.

(c) All permits for construction, remodeling, and/or demolition issued for a covered project shall be conditioned to comply with this Article.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) Except as otherwise specified in this Article, each applicant who applies for a building permit for a covered project shall submit a WRRP. The WRRP forms shall be provided by City. No building permit or exemption shall be issued for covered projects unless a WRRP has been approved by the C&D compliance official.

(b) Prior to starting the project, every applicant shall submit a properly completed WRRP to the City, in a form as prescribed by C&D compliance official, as a portion of the building or demolition permit process. The completed WRRP 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 the materials;

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

(5) Estimated volume or weight of C&D debris that will be disposed.

(c) Because actual material weights are not available at this stage, estimates may be used. In estimating the volume or weight of materials as identified in the WRRP, the applicant shall use the standardized conversion rates approved by the City for this purpose. Approval of the WRRP 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 that 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 WRRP shall be deemed incomplete.

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

(1) The WRRP provides all of the information set forth in this Article;

(2) The WRRP indicates how the minimum percentage amount of all C&D debris generated by the project shall be diverted; and

(3) The permit applicant has submitted an appropriate security deposit for the project.

(e) Non-approval. If the C&D compliance official determines that the WRRP is incomplete or fails to indicate how at least the minimum percentage amount of all C&D debris generated by the project will be diverted, he or she shall either:

(1) Return the WRRP 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

(2) Return the WRRP to the applicant marked "Further Explanation Needed."

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

For the purposes of this Article, a certified recycling facility means a recycling, composting, materials recovery, or re-use facility which: (a) has obtained all applicable Federal, State, and local permits; (b) is in full compliance with all applicable regulations; and (c) diverts from landfill disposal the minimum percentage established in this Article of all incoming waste from construction and demolition activities. The C&D Compliance Official may maintain a list of certified recycling facilities. Any facilities not included in the list maintained by the C&D Compliance Official shall first be approved by the C&D Compliance Official before being accepted as a certified recycling facility for purposes of compliance with the requirements of this Article.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) Neither a C&D debris "waste reduction and recycling plan" nor a security deposit is required for the following:

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

(2) Seismic tie-down projects.

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

(4) New fencing (but not replacement of existing fencing).

(5) Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.

(6) Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required.

(7) City-sponsored projects, if specifically exempted by City.

(8) Emergency demolition required to protect the public health and safety.

(9) Projects not generating C&D debris.

(b) An application for exemption and the grounds for an exemption are submitted to the C&D compliance official who shall determine if the exemption complies with this Section.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

Except as otherwise specified in this Article, each applicant who applies for a C&D permit for a covered project, shall remit a security deposit (cash, cashier's check, personal check, money order) in the amount equal to three percent of the estimated value of the project or $500.00, whichever is higher. The security deposit is remitted at the same time the permit application is filed. The City may adjust the amount of the required security deposit.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) The C&D compliance official may authorize the refund of any security deposit, which was erroneously paid or collected.

(b) The C&D compliance official may authorize the refund of any security deposit when the building permit application is withdrawn or cancelled before any work has begun.

(c) The C&D compliance official may authorize the refund of a security deposit when the applicant has satisfactorily submitted the "C&D debris recycling and disposal report summary" provided for in Section 5.06.920, and at least the minimum diversion requirements provided for in Sections 5.06.820 and 5.06.830 have been met.

(d) If the C&D compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this Article. The C&D compliance official may authorize a partial refund of a security deposit when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste.

(e) Any deposit will be returned without interest.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) If the C&D Compliance Official determines that the applicant has not made a good faith effort to comply with this Article, or if the applicant fails to submit the documentation required by Section 5.06.920 within 60 days from the date of the final inspection, then the deposit is forfeited to the City.

(b) Forfeited security deposits may be used by the City for solid waste and recycling related purposes, including but not limited to:

(1) Plan, implement, or promote solid waste diversion programs.

(2) Develop or improve the infrastructure needed to divert waste from landfilling.

(3) Educate generators and handlers of solid waste in the City regarding solid waste recycling and disposal alternatives.

(4) Review accuracy of solid waste collector's reports, waste reduction and recycling plans and other solid waste records.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

As a part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, every applicant for covered projects, unless exempt, shall pay to the City a cash fee sufficient to compensate the City for all expenses incurred in reviewing the waste reduction and recycling plan and reviewing performance of the plan. The amount of this fee is set forth in a resolution of the City Council.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) Within 60 days following the completion of a covered project, the applicant shall, as a condition precedent to release of security deposit, submit documentation to the C&D compliance official reporting on compliance with the requirements of the waste reduction and recycling plan. The documentation consists of a final completed "C&D debris recycling and disposal report summary" showing actual data of tonnage of materials recycled and diverted, supported by original receipts and weight tags or other records of measurement from recycling companies, 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 of.

(b) If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted to, and approved by, the C&D Compliance Official before issuance of a building permit for the construction project. If the applicant has not met the diversion requirement for demolition, the C&D Compliance Official may, in addition to other remedies set forth in this Article, require a higher percentage of diversion for construction than established in this Article, provided that the higher percentage is no higher than the shortfall in diversion from demolition. In the alternative, the applicant may submit a letter stating that no designated recyclable or reusable materials were generated from the construction/demolition project. In which case, this statement shall be subject to verification by the C&D Compliance Official.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

Upon payment of an appeal fee set forth in a resolution of the City Council, the applicant may appeal to the City Manager a decision of the C&D Compliance Official to deny an exemption or withhold all or any portion of a security deposit. Notice of appeal from the decision of the C&D Compliance Official must be filed with the City Manager's Office within ten calendar days of the date of the decision being appealed. The notice of appeal sets forth in concise language that particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein constitutes a waiver of any objection to the decision(s) of the C&D Compliance Official and such decision(s) shall be final; otherwise, the decision of the City Manager is final.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)

(a) Violations of this Article are punishable pursuant to Chapter 1.03 and/or Chapter 1.05.

(b) In addition to the penalties herein, if violations of the provisions of this Article exist as to a covered project requiring completion of a waste reduction and recycling plan, the City may use various administrative measures to ensure compliance. Measures available include, but are not limited to:

(1) Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected;

(2) Issuance of a stop work notice, until all such violations have been corrected;

(3) Stopping all inspections on subject project, until all such violations have been corrected; and

(4) Other measures recommended by the City Attorney.

(Ord. No. 21-03, § 1(Exh. A), 10-27-2021)