Torrance Municipal Code Art. 8 Waste Reduction and Recycling Requirements for Construction and Demolition…

For the purposes of this Article, the following definitions apply:

a) "Addition" means an extension or increase in floor area of an existing building or structure.

b) "Administrative penalty" means any penalty or fine assessed to an applicant.

c) "Alteration" or "alter" means any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

d) "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 that applies to the City for the applicable permits or approvals to undertake construction, demolition, or renovation projects within the City.

e) "Certified facility program" means a program wherein a recycling/reuse facility has been pre-approved by the City or other applicable agency to provide a minimum diversion percentage for all processed loads.

f) "Construction" means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

g) "Construction and demolition debris" ("C&D debris") means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential or commercial building or other structure.

h) "Conversion factor" means the value set forth in the standardized volume-to-weight conversion table approved by the City for use in estimating the volume or weight of materials identified in a Waste Management Plan.

i) "Covered project" means any project included in the recycling requirements as defined by the California Green Building Code.

j) "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

k) "Demolitions" means the razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

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

m) "Diversion requirement" means redirection from the waste stream of a percentage of the total C&D debris generated by a project via reuse or recycling as defined and required by the California Green Building Code.

n) "Project" means any activity that requires an application for a building permit, demolition permit, or any similar permit from the City.

o) "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.

p) "Renovation" means any change, addition or modification in an existing structure.

q) "Reuse" means further or repeated use of materials in their original form.

r) "Salvage" means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

s) "Total costs" means the total construction value of the project using standard commercial and residential valuation formulas.

t) "Waste Management Plan" ("WMP") means a completed WMP form, approved by the City for the purpose of compliance with this Article, submitted by an applicant for any covered project.

u) "WMP Compliance Official" ("Official") means the designated City employee(s) authorized and responsible for implementing this Article.

a) Covered projects are as defined by the California Green Building Code.

b) Exception for Public Health or Safety. WMP approval will not be required when the City determines that an emergency demolition is required to protect public health or safety.

a) Documentation. Prior to the issuance of a certificate of occupancy for any covered project, the applicant must submit documentation that it has met the diversion requirement for the project to the Official. This documentation must include the following:

1. Receipts or reports from all disposal and diversion facilities and/or vendors that received material showing the type and weight of the received material, whether the material was landfilled or deconstructed, reused and/or recycled; and

2. Any additional information that the applicant believes is relevant to determining its efforts to comply with this Article; and

3. If the City creates a certified facility program, documentation that a certified facility was used for disposal/recycling for a project will achieve compliance with the requirements of this Article.

b) Weighing of C&D Debris. An applicant must make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris must be weighed by measurement on scales. Scales must be in compliance with all regulatory requirements for accuracy and maintenance as set forth by the State of California Bureau of Weights and Measures. For C&D debris for which weighing is not practical due to its small size or to other considerations as determined by the Official, a volumetric measurement will be used. For conversion of volumetric measurements to weight, the applicant must use the standardized conversion rates approved by the City for this purpose.

c) Determination of Compliance. The Official will review the information submitted by the applicant and determine whether the applicant has complied with the diversion requirement as follows:

1. Full Compliance. If the Official determines that the applicant has fully complied with the diversion requirement applicable to the project, such compliance will be indicated on the WMP.

2. Noncompliance; Administrative Penalty. If the Official determines that the applicant has not complied with this Article, or the applicant fails to submit the documentation required, then the applicant will be assessed an administrative penalty. The amount of the penalty assessed will be Ten Thousand Dollars ($10,000.00) for demolition projects and Five Thousand Dollars ($5,000.00) for construction and remodeling projects. A project that includes demolition in addition to construction or remodeling will be subject to the demolition penalty amount.

a) Application. If an application for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the WMP is submitted. An applicant applying for an exemption must indicate on the WMP the specific circumstances that make it infeasible to comply with the diversion requirement.

b) Meeting with the Official. The Official will review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.

c) Granting of Exemption. The Official will issue an infeasibility exemption if the following findings are made:

1. Circumstances exist which are unique to the project such that compliance with the provisions of this Article would create an unusual burden on the project which is different than that of similarly situated projects; or

2. That diversion of one (1) or more substances involved in the project presents unique and burdensome obstacles and would create an especially onerous economic burden on the project unless diversion of that substance is reduced or eliminated.

If the Official is able to make one (1) or more of the above findings for a project, the Official may excuse the project from compliance with this Article, or determine the maximum feasible reduced diversion rate for each material and indicate this rate on the WMP submitted by the applicant.

d) Denial of Exemption. If the Official determines that it is possible for the applicant to meet the diversion requirement, the Official will so inform the applicant in writing. The applicant will have thirty (30) days to resubmit a WMP. If the applicant fails to resubmit the WMP, or to meet the WMP requirements, the Official will find for noncompliance in accordance with Section 43.8.3.

a) The determination of the Official may be appealed to the Public Works Director or his/her designee upon written request of any applicant. An applicant must file the appeal within fifteen (15) days after the rendering of the original decision. The date of the rendering of the original decision will be determined in accordance with Section 11.6.1. The decision of the Public Works Director or his/her designee will be final.

b) The notice of appeal of the decision of the Official must contain the following information in addition to the information given by the applicant thereon or reasonably required by the City Clerk therefor:

1. The name, address, and telephone number of the applicant; and

2. The type of action requested; and

3. The date on which said decision was made and the name of the Official taking such action; and

4. The grounds on which the appeal is taken.

c) The fee for filing an appeal will be charged as provided by resolution of the City Council.