Chapter 54 — DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE

The purpose of this chapter is to increase the recycling and reuse of construction and demolition material, consistent with the goals of the California Integrated Waste Management Act of 1989.

(Ord. 557-C.S., passed 12-6-05)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any individual, firm, limited liability company, association, partnership, political subdivision, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, grading, or renovation project within the city. CONSTRUCTION. All building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of designated recyclable and reusable materials . CONSTRUCTION AND DEMOLITION (C&D) WASTES. (1) Discarded materials generally considered to be insoluble in water and non-hazardous in nature, including but not limited to metal, steel, glass, brick, concrete, asphalt, 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) Non-construction and demolition wood waste; or (4) De-minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry. CONTRACTOR. Any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as a contractor, a subcontractor or an owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city. DECONSTRUCTION. A process to dismantle or remove useable materials from structures in a manner that maximizes the recovery of building materials for reuse and recycling and minimizes the amount of waste transported to landfills for disposal. DEMOLITION. The razing, tearing down or wrecking of any structure, wall, fence, or paving. whether in whole or in part, and whether interior or exterior. DESIGNATED RECYCLABLE AND REUSABLE MATERIALS. (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, doorframes 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; or (7) Salvageable materials include all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bathtubs, and appliances. DIVERSION SECURITY DEPOSIT. Any cash, check, cashier's check money order, performance bond, or surety bond in a form acceptable to the city, submitted to the city as pursuant to § 54.04. DIVERT or DIVERSION. The recycling or reuse of construction and demolition wastes to avoid disposal in a landfill. PROJECT. Any proposal for new or changed use, or for new construction, alterations, or enlargement of any structure, that requires a permit from the City of San Gabriel. RECYCLING and REUSE. The process of collecting, sorting, treating, and reconstituting construction and demolition wastes that would otherwise be disposed of in a landfill for use as raw material for new, reused, or reconstituted products which meet industry standards. SALVAGE. The controlled removal of materials from a project, for the purpose of reuse or storage for later reuse. (Ord. 557-C.S., passed 12-6-05)

The following requirements shall apply to all construction, deconstruction and demolition work conducted within the City of San Gabriel, whether by public or private entities:

(A) New construction-diversion. For every new construction and remodeling project that requires a permit from the City of San Gabriel, and has a total valuation of equal to or greater than $10,000, with the exception of the project types listed in § 54.06, it is required that at least 50% of the construction and demolition wastes generated be diverted from landfilling by using recycling, reuse or other diversion programs.

(B) Demolition and grading- diversion. Additionally, for every demolition and grading project that requires a permit from the City of San Gabriel, irrespective of valuation, with the exception of the project types listed in § 54.06, it is required that at least 50% of the construction and demolition wastes generated be diverted from landfilling, by using recycling, reuse or other diversion programs.

(Ord. 557-C.S., passed 12-6-05)

(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 a deposit in the form of cash, check, cashier's check, or money order, in an amount equal to 3% of the total project cost, or $10,000, whichever is less.

(B) The deposit, less the administrative fee (if applicable), shall be returned, without interest, upon proof to the satisfaction of the Building Official, or authorized designee, that no less than the required percentage of the tons of wastes generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused, and that no other relevant provision of this chapter has been violated. The deposit shall be returned in full if a building, demolition, or grading permit application is withdrawn or cancelled before any work was begun.

(Ord. 557-C.S., passed 12-6-05)

As a condition precedent to issuance of any permit for a building, demolition or grading 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. This fee, the amount of which shall be determined in accordance with the then current resolution of the City Council, shall be deducted from the deposit, and will not be refunded to the applicant.

(Ord. 557-C.S., passed 12-6-05)

The following project types are exempt from the requirements of this chapter:

• (A) Work for which a building, demolition, or grading permit is not required;

(B) New construction and remodeling projects with a total valuation of less than $10,000;

(C) Roofing projects;

• (D) Seismic tie-down projects;

(E) Projects for which only a plumbing, electrical, or mechanical permit is required; and

(F) Immediate or emergency demolitions required to protect the public health, safety, or welfare, as determined by the city's Building Official, or authorized designee, prior to demolition.

(Ord. 557-C.S., passed 12-6-05)

(A) In accordance with § 54.08, the city's franchised waste hauler must handle all construction and demolition material generated on a project site. Use of the franchised hauler shall waive the requirement for a "Waste Management and Recycling Plan."

(B) If an applicant chooses to use the services of an independent recycling company, in accordance with § 54.08, then the applicant shall submit a properly completed "Waste Management and Recycling Plan," on a form prescribed by the city, as a part of the building, demolition, or grading permit application process.

(C) The Waste Management and Recycling Plan shall indicate the following:

• (1) Applicant contact information;

(2) A description of the project which includes location, square footage, estimated timeline for completion of the project, and any other pertinent information;

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

(4) The estimated volume or weight of construction and demolition material, by material type, to be recycled, reused and disposed;

• (5) A calculation of the expected diversion rate; and

(6) A signature indicating that the applicant understands the provisions of this chapter and is aware of the penalties described in § 54.99.

(D) Approval by the Building Official, or authorized designee, of the Waste Management and Recycling Plan shall be a condition precedent to the issuance of any building, demolition, or grading permit.

(Ord. 557-C.S., passed 12-6-05)

(A) Use of franchise waste hauler required .

(1) The city's franchised waste hauler must handle all construction and demolition material generated on a project site. The applicant, or the applicant's subcontractors, may not self-haul material to a disposal or diversion facility. An applicant may, however, acquire the services of an independent recycling company, so long as the recycling company does not charge a fee for bins nor bin service.

(2) The city's franchised waste hauler shall be required to divert from landfill at least 50% of the material received from a job site. If the franchised waste hauler guarantees 50% diversion, use of that franchise waste hauling service shall be deemed as complying with the 50% diversion requirement and any receipt issued by the waste hauler to the applicant shall constitute evidence of such diversion.

(B) Alternative hauler authorization. If the city's franchised waste hauler is unable to meet the 50% diversion requirement, the applicant must contact the Building Official immediately, and the Building Official can consider authorizing the use of alternative waste hauler(s) or recycler(s) that can meet the 50% diversion requirement.

(C) Record keeping. During the term of the demolition or construction project, the applicant shall keep all invoices from the franchised hauler or a record of all materials diverted and disposed in tonnage or in other measurements that can be converted to tonnage.

(D) Evaluation of recycling, disposal and salvage. The Building Official, or authorized designee, may monitor and evaluate all or selected projects to gauge the percentage of materials recycled, salvaged and disposed. Diversion will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.

(E) Separation standards. To the maximum extent feasible as determined by the City Engineer, Building Inspector or designee on-site separation of scrap wood and clean green waste in a designated debris box or boxes 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.

(F) W allboard. On-site separation shall be undertaken for wallboard to the extent feasible on new construction.

(Ord. 557-C.S., passed 12-6-05)

Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage and recovery prior to demolition and to recover the maximum feasible amount of salvageable recyclable and reusable materials prior to demolition. Recovered and salvaged recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this chapter, provided it is accounted for in the Waste Management and Recycling Plan.

(Ord. 557-C.S., passed 12-6-05)

(A) Within 60 days following the completion of the demolition phase of a project, and again within 60 days following the completion of the construction phase of a project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the Building Official, or authorized designee, that proves compliance with the requirements of § 54.03.

(B) The documentation shall consist of either receipts from the franchised hauler, or a completed Recycling and Reuse Summary Report. The report shall show actual data of tonnage or volume of materials recycled and diverted, supported by originals or photocopies of receipts and weight tags or other records of measurement from the hauling/recycling vendor(s) used. 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.

(C) The applicant shall make reasonable efforts to ensure that all construction and demolition waste are weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical 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 standardized conversion rates approved by the city for this purpose.

(D) 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, or authorized designee, before issuance of a building permit for the construction phase of the project.

(E) Any deposit posted pursuant to § 54.04 shall be forfeited if the applicant does not meet the timely reporting requirements of this section.

(Ord. 557-C.S., passed 12-6-05)

The Building Official shall review the information submitted under § 54.10 and determine whether the applicant has complied with the requirements of this chapter as follows:

(A) Full compliance. If the Building Official determines that the applicant has fully complied with the requirements of this chapter, the Building Official shall authorize that the full Diversion Security Deposit, less the administrative fee, if applicable, be released to the applicant.

(B) Noncompliance; but good faith effort. If the Building Official finds that less than 50% of the project waste was diverted from disposal at a landfill, the Building Official shall determine whether the applicant made a good faith effort to comply with this chapter. When making this determination the Building Official shall consider the availability of markets for the C&D materials transported for disposal in a landfill, the size of the project, and the documented efforts of the applicant to divert C&D materials. If the Building Official determines that the applicant has made a good faith effort to comply with this chapter, the Building Official shall approve the release of the diversion security deposit, or a portion thereof, to the applicant. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the city and shall be used for the purposes of promoting recycling within the city.

(C) Noncompliance. If the Building Official finds that less than 50% of the project waste was diverted from disposal at a landfill, and if the Building Official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by § 54.10 within the required time period, then the diversion security deposit shall be retained by the city.

(D) Refund. The Building Official shall authorize the refund of any diversion security deposit if the building, demolition, or grading permit application is withdrawn or cancelled before any work has begun.

(E) All diversion security deposits retained by the city shall be used only for:

• (1) Payment of diversion security deposit refunds;

• (2) Costs of administration of the program established by this chapter; and

(3) Costs of programs to achieve diversion of C&D materials required by this chapter.

(Ord. 557-C.S., passed 12-6-05)

It is unlawful and a violation of this chapter to do any of the following:

• (A) To willfully fail to comply with any provision of this chapter;

• (B) To provide false or misleading information in any plan or report or document required by this chapter; and

(C) To fail to meet the diversion requirements established by the approved Waste Management and Recycling Plan.

(Ord. 557-C.S., passed 12-6-05)

Determinations made subject to the provisions of this chapter shall be appealable by the same methods and subject to the same fees as other provisions of the city's development codes.

(Ord. 557-C.S., passed 12-6-05)

Each violation of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by imprisonment in the county jail for not to exceed 6 months, or by fine not exceeding one $1,000, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a new and separate offense.

(Ord. 557-C.S., passed 12-6-05)