San Clemente Municipal Code Ch. 8.69 Waste Management Plan for Certain Construction, Demolition, And…

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Editor's note— Ord. No. 1642, § 3, adopted July 18, 2017, replaced in its entirety Ch. 8.69, §§ 8.69.010—8.69.120, in effect repealing and reenacting said chapter as set out herein. Former Ch. 8.69 pertained to similar subject matter and derived from Ord. No. 1286, § 1 (part), adopted in 2003.

The City Council finds that diverting construction and demolition debris for reuse and/or recycling reduces the amount of such material that is landfilled, assists the City in meeting State of California mandated construction and demolition debris diversion requirements, and is important for the preservation of the health, safety and welfare of the people by reason of the growing problem of construction and demolition debris disposal and its impact upon our environment. The City Council further finds that reuse and recycling conserves valuable resources and energy, promotes greater efficiency in the regional economy, and reduces the overall amount of solid waste, thereby improving our existing environment.

(Ord. No. 1642, § 3, 7-18-2017)

"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 the applicable permits to undertake any construction, demolition, or renovation project within the City.

"C&D performance security deposit" means any cash, check or money order deposit submitted to the City pursuant to Section 8.69.050 of this chapter.

"Construction" means the construction of any facility or structure, or any portion thereof, including any tenant improvements to an existing facility or structure.

"Construction and demolition ('C&D') debris" means used or discarded building or construction materials, rubble, soil, plant debris and associated packaging removed from the premises during construction, renovation, or demolition operations on any pavement, residential structure, commercial building, or other structure.

"Conversion rate" means the rate set forth in the Materials Conversion Worksheet approved by the City for use in estimating the volume or weight of materials identified in a Waste Management Plan.

"Covered project" shall have the meaning set forth in Section 8.69.030 of this chapter.

"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.

"Designated recyclable and reusable materials" means all construction or demolition debris falling 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 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. Vegetation 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 scrap metal 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. Salvageable materials are materials and structures 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.

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

"Diversion" means a reduction in the amount of waste being deposited in landfills by any of the following methods:

1. Use of new construction methods, approved by the California Department of Resources Recycling and Recovery and/or the California Building Standards Commission, that reduces the amount of construction and demolition waste generated.

2. On-site reuse of the construction and demolition material and debris.

3. Delivery of the construction and demolition waste from a site to a recycling facility as described in this chapter.

4. Other methods approved by the California Department of Resources Recycling and Recovery and/or the California Building Standards Commission.

"Diversion requirement" means the percentage of total C&D debris generated by a covered project that must be diverted from landfills.

"Exempt project" shall have the meaning set forth in Section 8.69.030 of this chapter.

"Materials Recovery Facility" means a processing facility permitted by the State of California where solid waste and/or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling, reuse, and/or composting.

"Project" means any activity that requires an application to obtain a building permit, demolition permit, encroachment permit, or any similar permit from the City.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Renovation" means any alteration, addition, remodel, or modification in or to an existing structure.

"Reuse" means further or repeated use of construction and demolition debris.

"Salvage" means the controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

"Security Deposit" means the deposit required as security for performance for covered projects to ensure that the applicant complies with the requirements of this chapter.

"Waste Management Plan" means a completed Waste Management Plan form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant, for a covered project (except as provided in Section 8.69.040).

"Waste Management Plan Compliance Official" means the designated solid waste staff person(s) authorized and responsible for implementing this chapter.

(Ord. No. 1642, § 3, 7-18-2017)

All covered projects shall reuse, recycle, or divert the minimum percentage of C&D debris generated by covered projects as specified in Section 8.69.030. This minimum is set at 75 percent. The City reserves the right to revise diversion requirements by resolution.

(Ord. No. 1642, § 3, 7-18-2017)

A. .....All construction demolition, addition, alteration, and remodeled projects within the City not otherwise excluded by the thresholds set forth in section 8.69.030.D are required to divert the designated recyclable and reusable materials from the landfills. The minimum diversion requirement is as specified by Section 8.69.025. Failure to comply with the diversion requirements of this chapter shall cause the project applicant to forfeit their security deposit set forth in Section 8.69.050. Concurrent permits at the same site are considered one project for the purposes of this chapter.

B. .....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 the City identifies them as such on a project-by-project basis. Typically, a City sponsored project would only be designated as a covered project if the City's project contractor does not contract for solid waste handling services with the City's authorized franchise waste hauler.

C. .....Compliance with the provisions of this chapter shall be listed as a condition of approval on any building permit issued for a covered project.

D. .....The following projects are exempt from the requirements of this section:

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

2. Seismic tie-down projects.

3. Installation of prefabricated patio enclosures and covers when no foundation or other structural building modifications are required.

4. Installation of prefabricated accessories such as signs or antennas when no structural building modifications are required.

5. Projects which involve a roof, but the tear-off of the existing roof is not required.

6. The construction of new fencing only which does not involve replacement of existing fencing.

7. Projects not generating C&D.

8. Projects which contract for solid waste handling services from the City's authorized franchise solid waste hauler, and which provide written evidence that the City's franchise waste hauler will be providing C&D material collection services.

E. .....If an applicant for a project wants to obtain an exemption for that project, then the applicant shall file with the city an application for exemption per Section 8.69.090.

F. .....Other materials deemed applicable by California Green Building Standards Code (CALGreen).

(Ord. No. 1642, § 3, 7-18-2017)

A. .....Except as provided below, any applicant for a covered project shall complete and submit a Waste Management Plan, on a Waste Management Plan form approved by the City for this purpose. The completed Waste Management Plan shall indicate all of the following:

1. The estimated volume or weight of project C&D debris, by materials type, to be generated;

2. The maximum volume or weight of such C&D materials that can feasibly be diverted via reuse and/or recycling;

3. The vendor or facility that the applicant proposes to use to collect or receive that C&D material; and

4. The estimated volume or weight of C&D materials that will be landfilled. In estimating the volume or weight of materials identified in the Waste Management Plan, the applicant may use the materials conversion worksheet approved by the City for this purpose.

B. .....In preparing the Waste Management Plan, applicants for permits involving the removal of all or part of an existing structure shall, to the maximum extent feasible, make the materials generated thereby available for reuse or salvage prior to landfilling. Salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities or storage or sale.

C. .....Any agent, representative or contractor of an owner, occupant or person in control of a premises in the City that proposes to self-haul waste materials and provide disposal services other than the City franchise hauler must own the bin(s) or container(s) which shall be clearly marked with company name, phone number and contractors license number.

Applicants who elect to use the City's franchise waste hauler drop off box shall not be required to complete and submit a Waste Management Plan and they will likewise be exempt from having to pay the C&D security deposit as specified in Section 8.69.050. At the time of building permit issuance, the applicant must provide written evidence that the City's franchise waste hauler will be providing C&D material collection services.

(Ord. No. 1642, § 3, 7-18-2017)

The applicant for any covered project shall submit with the Waste Management Plan a refundable C&D performance security deposit. The amount of the C&D performance security deposit shall be as follows:

A. .....For each application for a building permit for re-roofing with tear-off of the existing roof, the C&D performance security deposit shall be $250.00;

B. .....For each application for a building permit for a renovation consisting of alteration, remodel, or modification (except for additions, which are addressed in subsection C below) of a residential or commercial structure, the C&D performance security deposit shall be $500.00;

C. .....For each application for a building permit for a renovation that consists of an addition to an existing residential or commercial structure, the C&D performance security deposit shall be $750.00;

D. .....For each application for a building permit for new construction of a residential or commercial structure, the C&D performance security deposit shall be $1,000.00.

E. .....For each application for a building permit for the demolition of a residential or commercial structure, the C&D performance security deposit shall be $1,000.00;

F. .....For each application for a City-sponsored project, regardless of size, the C&D performance security deposit shall be $1,000.00.

(Ord. No. 1642, § 3, 7-18-2017)

Prior to the City's issuance of any permit for a covered project, the applicant shall pay to the City a non-refundable administrative fee for processing the applicant's Waste Management Plan. The administrative fee shall be established by resolution by the City Council.

Applicants who elect to use the City's franchise waste hauler drop off box shall not be required to pay the processing fee set forth in this section.

(Ord. No. 1642, § 3, 7-18-2017)

A. .....Notwithstanding any other provision of this Code to the contrary, and except for those covered projects for which completion and submission of a Waste Management Plan is not required, as set forth in Section 8.69.040, no permit shall be issued for any covered project unless and until the Waste Management Plan Compliance Official has approved the applicant's 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 he or she 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 8.69.040 of this chapter;

2. The Waste Management Plan indicates that at least 75 percent of all C&D debris generated by the project will be diverted;

3. The applicant has submitted an appropriate C&D performance security deposit in compliance with Section 8.69.050 of this chapter; and

4. The applicant has submitted an appropriate administrative fee in compliance with Section 8.69.060 of this chapter.

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

B. .....If the Waste Management Plan Compliance Official determines that the Waste Management Plan is incomplete or fails to satisfy one or more of the four conditions set forth in subsection A above, he or she shall either:

1. Return the Waste Management Plan to the applicant within 10 working days, marked "Denied," including a statement of the reasons for denial, and so notify the Community Development Department, which shall then immediately stop processing the building permit application; or

2. Return the Waste Management Plan to the applicant within 10 working days marked "Further Explanation Required."

(Ord. No. 1642, § 3, 7-18-2017)

A. .....Within 60 days after the completion of any covered project, the applicant shall submit to the Waste Management Plan Compliance Official documentation that it has met the diversion requirement for the project. This documentation shall include all of the following:

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

2. For those projects for which completion and submission of a Waste Management Plan is required by this chapter, a copy of the previously approved Waste Management Plan for the project adding the actual volume or weight of each material diverted and landfilled; and

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

B. .....Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practicable, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practicable due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the materials conversion worksheet approved by the City for this purpose.

C. .....The Waste Management Plan Compliance Official shall review the information submitted under subsection A of this section and determine whether the applicant has complied with the diversion requirement, as follows:

1. If the Waste Management Plan Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the full C&D performance security deposit to be released to the applicant.

2. If the Waste Management Plan Compliance Official determines that the applicant has not met the required 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 C&D performance security deposit shall be forfeited to the City. All forfeited C&D performance security deposits and penalties shall be used for the purposes of promoting C&D recycling within the City.

3. If the applicant fails to submit the documentation required by Section 8.69.080.A within 60 calendar days after the completion of any covered project then the deposit is forfeited to the City.

(Ord. No. 1642, § 3, 7-18-2017; Ord. No. 1664, § 23, 9-18-2018)

A. .....If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may, by separate letter titled "Request for Infeasible Exemption" that is addressed to the Waste Management Plan Compliance Official (a "Request for Exemption Letter"), apply for an exemption at the time that he or she submits the Waste Management Plan required under Section 8.69.040 of this chapter, or for those covered projects for which completion and submission of a Waste Management Plan is not required, at the time that he or she submits an application for the project. The applicant shall indicate in the request for exemption letter the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. .....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, and, if appropriate, in consultation with local solid waste haulers, the Waste Management Plan Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. .....If the Waste Management Plan Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the request for exemption letter submitted by the applicant. The Waste Management Plan Compliance Official shall return a copy of the request for exemption letter to the applicant marked "Approved for Infeasible Exemption" and shall notify the Building Department that the applicant's request has been granted and the applicant's Waste Management Plan (if applicable) has been approved.

D. .....If the Waste Management Plan Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so return a copy of the request for exemption letter to the applicant marked "Denied for Infeasible Exemption."

E. .....Any applicant who is required pursuant to Section 8.69.040 to prepare and submit a Waste Management Plan and whose request for an infeasible exemption is denied shall have 30 days to resubmit a Waste Management Plan form in full compliance with Section 8.69.040 of this chapter. If the applicant fails to resubmit the Waste Management Plan, or if the resubmitted Waste Management Plan does not comply with Section 8.69.040 of this chapter, the Waste Management Plan Compliance Official shall deny the Waste Management Plan in accordance with Section 8.69.070 of this chapter.

(Ord. No. 1642, § 3, 7-18-2017)

The applicant or any interested person may appeal to the Utilities Director the determination of the Waste Management Plan Compliance Official. Notice of any appeal from the determination of the Waste Management Plan Compliance Official must be filed with the Utilities Department within 10 days after the date that such determination is made. The decision of the Utilities Director upon such appeal shall be final and shall not be appealable to the City Council or to any other City body or official.

Determinations subject to appeal include, but are not limited to: (1) the granting or denial of an infeasible exemption; (2) whether the information required in Section 8.69.080 has been adequately provided.

(Ord. No. 1642, § 3, 7-18-2017)

Editor's note— Ord. No. 1664, § 24, adopted Sept. 18, 2018, repealed § 8.69.110, which pertained to Violations and derived from Ord. No. 1642, § 3, adopted July 18, 2017.

The City Manager or the Utilities Director, or their designee(s), shall have the authority to enforce the provisions of this chapter.

(Ord. No. 1642, § 3, 7-18-2017)