Redondo Beach Municipal Code Art. 7 Construction and Demolition Debris Waste Reduction and Recycling Requirements

For the purposes of this chapter, the following definitions shall apply:

"Class III landfill"

means a landfill that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the California Integrated Waste Management Board and is regulated by an enforcement agency (as defined in Public Resources Code Section 40130).

"Construction and demolition debris"

means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that 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 rocks, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

"City-sponsored project"

means a project constructed by the City or a project receiving 50% or more of its financing from the City.

"Deconstruction"

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

"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.

"Disposal"

means the final deposition of construction and demolition or inert material to a Class III landfill.

"Divert"

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

"Diversion requirement"

means the diversion of at least 50% of the total demolition or construction debris generated by a demolition project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 52.708, 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.

"Inert solids/inert waste"

means non-liquid solid resources including, but not limited to, soil, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, 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 does not contain significant quantities of decomposable solid resources.

"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.

"Reuse facilitator"

means a for profit or non-profit organization who determines what materials can be reused in a structure, what the materials weigh and where they can be reused.

"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.

"Solid waste"

means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse; paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, de-watered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include any of the following wastes:

(1)

Hazardous waste, as described in Public Resources Code Section 40141;

(2)

Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code);

(3)

Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).

"Waste management plan compliance official"

means the Director of the Public Works Department or his or her designee.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

(a) A "covered project" shall include all demolition projects by non-City applicants and all City-sponsored demolition and renovation projects.

(b) Compliance with this chapter shall be included as a condition of approval on any construction or demolition permit issued for a covered project.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

All building permit applicants will be required to submit a recycling report form after completion of each project. The completed recycling report will indicate all of the following:

(a) The actual volume or weight of the project construction and demolition material, by material type; and

(b) The vendor or facility where the applicant recycled or disposed of the material and the date delivered.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

(a) Waste Management Plan forms. Applicants for demolition permits for a covered project shall complete and submit a waste management plan (Waste Management Plan), on Waste Management Plan forms approved by the City for this purpose, as part of the application packet for the demolition permit. The completed Waste Management Plan shall indicate at a minimum all of the following:

(1) The estimated volume or weight of the project construction and demolition material, by material type, to be generated;

(2) The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling. No more than 25% of the 50% diversion rate can be achieved through the recycling or reuse of inert materials unless applicant can demonstrate to the satisfaction of the WMP Compliance Official that sufficient structural materials do not exist for recycling or that 25% diversion of total waste through non-inert materials is not feasible;

(3) The vendor or facility where the applicant proposes to use to collect or receive that material; and

(4) The estimated volume or weight of construction and demolition materials that will be landfilled in Class III landfills.

(b) Calculating volume and weight of material. In estimating the volume or weight of materials identified in the Waste Management Plan, the applicant shall use the conversion rates approved by the City for this purpose.

(c) Deconstruction. In preparing the Waste Management Plan, applicants for demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Deconstruction can be used to meet the 50% diversion requirement provided it is accounted for in the Waste Management Plan.

(d) Waste Management Plan fee. The construction and demolition recycling program will require staff time to process documents, review Waste Management Plans for compliance, and process and refund deposits. Consequently, a fee is required for each Waste Management Plan to recover the costs of management of this program. The fee will be set by the City Council in a fee resolution.

(e) Waste Management Plan completion. The Waste Management Plan will be evaluated and either approved or denied in accordance with Section 5-2.706 within three business days.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

(a) A Waste Management Plan shall be submitted with a refundable performance deposit. The amount of the performance deposit will be set by the City Council in a fee resolution. The performance deposit will be released based on Section 5-2.707(c) below.

(b) Applicants that choose deconstruction as a means to demolish their structure(s) will not be required to submit a refundable performance deposit provided that they have contracted with a reuse facilitator. Applicants must enclose a copy of their contract with a reuse facilitator along with the WMP in order to waive the deposit requirement of Section 52.705(a).

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

(a) Approval. Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless and until the Waste Management Plan Compliance Official has reviewed the Waste Management Plan. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The Waste Management Plan Compliance Official shall only approve a Waste Management Plan if the Official first determines that all of the following conditions have been met:

(1) The Waste Management Plan provides all of the information set forth in Section 5-2.704.

(2) The Waste Management Plan indicates that at least 50% of all construction and demolition material generated by the project will be diverted or an exemption has been approved pursuant to Section 5-2.708.

(3) The applicant has submitted an appropriate performance deposit in compliance with Section 5-2.709.

If the Waste Management Plan Compliance Official determines that these conditions have been met, the Official shall mark the Waste Management Plan "Approved," return a copy of the Waste Management Plan to the applicant, and notify the Building and Engineering Department that the Waste Management Plan has been approved.

(b) Nonapproval. If the Waste Management Plan Compliance Official determines that the Waste Management Plan fails to meet the conditions specified in subsection (a) of this section, the Official shall either:

(1) Return the Waste Management Plan to the applicant marked "Denied" including a statement of reasons, and so notify the Building and Engineering Department, to ensure that the demolition permit is not issued; or

(2) Return the Waste Management Plan to the applicant marked "Further Explanation Required."

If the applicant determines during the course of the project that the estimated tonnage of material to be generated and/or recovered from the project is substantially different from the Waste Management Plan, applicant shall submit an addendum to the original Waste Management Plan.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

(a) Documentation. Within 30 days after the completion of any covered project, the applicant shall submit to the Waste Management Plan Compliance Official documentation that it has met or attempted to meet the diversion requirement for the project. The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:

(1) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

(2) Weight slips/count of material salvaged or reused in current project:

(3) A copy of the previously approved Waste Management Plan form A Estimate and form B Actual for the project adding the actual volume or weight of each material diverted and landfilled to form B;

(4) Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

(b) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition material shall be weighted by measurement on scales. Such scales shall be in compliance with all State and County regulatory requirements for accuracy and maintenance. For construction and demolition material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates approved by the City for this purpose.

(c) Determination of compliance and release of performance deposit. The Waste Management Plan Compliance Official shall review the information submitted under subsection (a) of this section to determine whether the applicant has complied with the diversion requirement as follows:

(1) Full compliance. If the Waste Management Plan Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, the Official shall cause the full performance deposit to be released to the applicant.

(2) Failure to comply. If the Waste Management Plan Compliance Official determines that the diversion requirement has not been met, the Official shall return only that portion of the performance deposit equivalent to the portion of demolition material actually diverted compared to the portion that should have been diverted according to the Waste Management Plan. Any portion of the performance deposit not released to the applicant shall be forfeited to the City, and shall be deposited in the solid waste fund to recover costs associated with the promotion and implementation of recycling programs. If the Waste Management Plan Compliance Official determines that the applicant has fully failed to comply with the diversion requirement or if the applicant fails to submit the documentation required by subsection (a) of this section within the required time period, then the entire performance deposit shall be forfeited to the City. All forfeited performance deposits shall be deposited in the solid waste fund to recover costs associated with the promotion and implementation of recycling programs.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

(a) Application. If an applicant believes it is infeasible to comply with the diversion requirements of this chapter due to the circumstances delineated in this section, the applicant may apply for an exemption at the time that the applicant submits the required Waste Management Plan. Exemptions may be granted based on the following considerations or similar items:

(1) Contamination by hazardous substances;

(2) Low recyclability of specific materials.

The applicant shall indicate on the Waste Management Plan the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it infeasible to comply with the diversion requirement.

(b) Meeting with Waste Management Plan Compliance Official. The Waste Management Plan Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant the Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

(c) Granting of exemption. If the Waste Management Plan Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the Waste Management Plan submitted by the applicant. The Waste Management Plan Compliance Official shall return a copy of the Waste Management Plan to the applicant marked "Approved Exemptions" and shall notify the Community Development Department that the Waste Management Plan has been approved.

(d) Denial of exemption. If the Waste Management Plan Compliance Official determines that it is possible for the applicant to meet the diversion requirement, the Official shall inform the applicant in writing. The applicant shall have 30 days to resubmit a Waste Management Plan form in full compliance with Section 5-2.704. If the applicant fails to resubmit the Waste Management Plan, or if the resubmitted Waste Management Plan does not comply with Section 5-2.704, the Waste Management Plan Compliance Official shall deny the Waste Management Plan. The applicant has a right to appeal the decision in accordance with Section 5-2.710.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004, as amended by § 1, Ord. 3108 c.s., eff. February 8, 2013)

Any person responsible for violation of any provision of this chapter shall be guilty of a misdemeanor. In the event that the City shall initiate a civil action to enforce this chapter, the City shall be entitled to its reasonable attorney's fees if it is the prevailing party in such action.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)

The applicant has a right to a hearing to protest the following determinations: (1) the granting or denial of an exemption, (2) whether the applicant acted in good faith, and (3) the amount of performance deposit to be released. The applicant's request for a hearing must be made in writing and received by the Waste Management Plan Compliance Official no later than the tenth day following the mailing of a notice of the action from which the appeal is taken. The City Manager (or designee) shall serve as the hearing officer.

(§ 1, Ord. 2950 c.s., eff. December 9, 2004)