Tustin Municipal Code Part 5 C&d Debris Diversion

The purpose of this Part is to promote the recycling of C&D debris to protect the public health, safety, and welfare and to meet the City's obligations under AB 939 and the California Green Building Standards Code.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Waste disposal and diversion reporting requirement.

1. Covered projects. All construction and renovation projects subject to the requirements of the California Green Building Standards Code shall be required to meet the minimum diversion requirements of the California Green Building Standards Code for all project-related C&D debris. Compliance methods will be documented in a Waste Reduction and Recycling Plan (WRRP) submitted to the City for approval prior to permit issuance. Specific requirements associated with WRRPs are listed in Section 4352 of this Chapter. All applicants shall, upon project completion, provide to the Director of Public Works all project-related C&D debris collection, disposal and diversion information in the form prescribed by the Director of Public Works.

2. Projects that do not require a deposit. The following projects are exempt from the WRRP deposit requirements:

(a) Free standing, temporary or wall mounted signs.

(b) Cell phone towers/antenna equipment replacements.

(c) Window and door replacements when original materials are returned to installers business location.

(d) Roofing overlays.

(e) Grading projects with no export of dirt.

(f) Installation of prefabricated machinery, storage racks, or other materials that are installed without the need to conduct demolition activities.

(g) Filling of pools and spas.

(h) Any other project that, in the opinion of the Director of Public Works or their designee, will not result in the generation of construction and demolition debris in accordance with the California Green Building Standards Code.

b. Compliance as a condition of approval. Compliance with the provisions of this Part shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits.

c. Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption.

d. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department.

1. Single-Family Residential. All single-family residential projects for new attached homes, additions or alterations shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall be five hundred dollars ($500.00) and the maximum deposit amount shall be two thousand five hundred dollars ($2,500.00).

2. Multifamily/Commercial. All multifamily and commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00).

3. New Detached Single-Family Residential. All new detached single-family residential construction projects shall submit a security deposit in the amount five thousand dollars ($5,000.00). New detached single-family residential construction projects include permits for landscaping, walls/fences, and building and shall be collected under a single WRRP application.

4. Grading. All projects requiring a grading permit shall submit a security deposit in the amount of one thousand dollars ($1,000.00) per acre, rounded up to the nearest quarter acre. Projects requiring both a rough grading permit and a grading permit shall require a single deposit and collected under a single WRRP application.

e. Consolidation of applications and deposits for phased construction. The Director of Public Works or their designee may approve combining up to ten (10) WRRP applications and deposits for the phased construction of new single-family units.

(Ord. No. 1519, Sec. 2, 12-7-21; Ord. No. 1546, Sec. 1, 10-1-24)

a. WRRP forms. All applicants shall complete and submit a WRRP on a form prescribed by the Director of Public Works for this purpose, as part of the application packet for the construction, renovation, or demolition permit.

b. Compliance with WRRP.

1. Documentation. Prior to the completion of a project, the applicant shall submit to the Director of Public Works documentation that the diversion requirement has been met. This documentation shall include all of the following:

(a) A waste reduction and recycling plan final report, on a form prescribed by the Director of Public Works.

(b) Receipts from the vendor(s) and facility(ies) which collected and/or received material(s) showing the actual weight or volume of each material.

(c) A copy of the previously approved WRRP for the project adding the actual volume or weight of each material diverted and landfilled.

(d) Calculations showing multiplication of the total non-source separated tonnage hauled from the project.

2. Weighing of diverted materials and municipal solid waste. Applicants shall 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 shall be weighed. Regarding C&D debris 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.

3. Determination of compliance and release of security deposit. Prior to the issuance of a certificate of occupancy or at the completion of the project, the Director of Public Works shall review the information pertaining to diversion of C&D debris submitted pursuant this section and shall determine whether the applicant has complied with the diversion requirement, as follows:

(a) Full compliance. If the Director of Public Works determines that the applicant has fully complied with the diversion requirement applicable to the project, the Director of Public Works shall cause the entire security deposit to be refunded to the applicant without interest.

(b) Good faith effort to comply. If the Director of Public Works 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 Part. In making this determination, the Director of Public Works shall consider the availability of markets for the C&D debris land-filled, the size of the project, and the documented efforts of the applicant to divert C&D debris. The Director of Public Works may authorize a partial refund of a security deposit without interest 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 C&D debris.

(c) Noncompliance. If the Director of Public Works determines that the applicant has not made a good faith effort to comply with the diversion requirement, then the Director of Public Works shall notify the applicant in writing and all or a portion of the security deposit shall be forfeited to the City and shall not be refunded. Forfeited funds shall be used towards the City's recycling efforts pursuant to subsection c. below.

4. Other provisions for the refund of a security deposit.

(a) The Director of Public Works may authorize the refund without interest of any security deposit which was erroneously paid or collected.

(b) The Director of Public Works may authorize the refund without interest of any security deposit when the permit application is withdrawn or cancelled before any work has begun.

(c) The Director of Public Works shall not authorize the refund of any security deposit, or any portion thereof, unless the applicant files a waste reduction and recycling plan final report and provides documentation satisfactory to the Director of Public Works in support of the request.

c. Forfeiture and City use of security deposit.

1. If the Director of Public Works determines that the applicant has not made a good faith effort to comply with this Part, or if the applicant fails to submit the documentation required by subsection b. prior to the expiration of the building or demolition permit, then the deposit is forfeited to the City.

2. Forfeited security deposits may be used by the City for purposes related to increasing diversion of materials from landfill disposal, including, but not limited to:

(a) Plan, implement, or promote diversion programs.

(b) Develop or improve the infrastructure needed todDivert waste from landfilling.

(c) Educate generators and handlers of municipal solid waste and divertable materials in the City regarding source reduction, diversion programs, and other disposal alternatives.

(d) Review accuracy of contracted hauler reports, waste reduction and recycling plans and other records for collection, processing and marketing of divertable materials and for collection and disposal of municipal solid waste.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Application. If an applicant 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 the application is submitted. The applicant shall indicate on the WRRP application the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement.

b. Meeting with the Director of Public Works. The Director of Public Works 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 Director of Public Works shall determine whether it is possible for the applicant to meet the diversion requirement.

c. Granting of exemption. If the Director of Public Works determines that it is infeasible for the applicant to meet the minimum diversion requirement due to unique circumstances, the Director of Public Works shall determine the maximum feasible Diversion rate for each material and shall indicate this rate on the WRRP submitted by the applicant. The Director of Public Works shall return a copy of the WRRP to the applicant marked "Approved for Exemption."

d. Denial of exemption. If the Director of Public Works determines that it is possible for the applicant to meet the Diversion Requirement, the applicant shall be informed in writing. The applicant shall resubmit the WRRP application in full compliance with the Diversion Requirement. If the applicant fails to resubmit the WRRP application, or if the resubmitted application does not comply with the diversion requirement, the Director of Public Works shall deny the WRRP application and the Building Official shall not issue a permit.

(Ord. No. 1519, Sec. 2, 12-7-21)

Upon payment of any required appeal fee as set forth in a resolution of the City Council, the applicant may appeal to the City Manager, a decision of the Director of Public Works to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the Director of Public Works must be filed with the Director of Public Works within ten (10) calendar days of the date of the decision that is being appealed. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reasons why the person feels aggrieved. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the Director of Public Works and such decision shall be final; otherwise, the decision of the City Manager shall be final.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. The City may, but is not required to, approve certified diversion facilities. If such facilities were approved, applicants would have the option to demonstrate that they will meet the minimum diversion requirement in their WRRP application required under this Part by taking all material generated at the construction, remodeling, or demolition site to a City Certified Recycling Facility.

b. For the purposes of this Part, a certified diversion facility means a recycling, asphalt, grinding, concrete crushing, composting, materials recovery, or re-use facility for which the Director of Public Works has issued a certification pursuant to regulations promulgated by the Director of Public Works.

c. The Director of Public Works shall approve use of the facilities only if the owner or operator of the facility has submitted or submits documentation satisfactory to the Director of Public Works:

1. That the facility has obtained all applicable Federal, State, and local permits, and is in full compliance with all applicable regulations; and

2. The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets a minimum percentage level determined by the City.

d. The City shall make available to each applicant an approved list of certified diversion facilities, if such facilities become approved.

(Ord. No. 1519, Sec. 2, 12-7-21)

a. Administrative enforcement. In addition to the penalties provided for in this Chapter and this Code, if violations of the provisions of this Part 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;

4. Other measures recommended by the City Attorney.

b. Civil action. Violation of any provision of this Part may be enforced by civil action including an action for injunctive relief. The City Council hereby finds that violation of this Section is a public nuisance. In any civil enforcement action, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction by a preponderance of the evidence to have violated this Section.

(Ord. No. 1519, Sec. 2, 12-7-21)