Twentynine Palms Municipal Code Ch. 18.14 Recycling and Diversion of Construction and Demolition Waste

For the purposes of this Chapter, the following definitions shall apply. Additional definitions and related provisions that apply to this Chapter are found in California Code of Regulations (CCR), Title 14, Division 7, Chapter 3.0, Article 6.0, sections 17402 and 17402.5, and Article 4, section 17225 et seq.

"Active compost" shall have the meaning as set forth in CCR, Title 14, Division 7, Chapter 3.1, Article 1, section 17852.

"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, remodeling, demolition or renovation project within the City of Twentynine Palms.

"C&D" means the abbreviation for construction and demolition debris.

"C&D mulch" shall have the meaning as noted under "construction and demolition wood mulch" or "wood mulch".

"CDI" means any combination of construction and demolition debris and inert debris.

"Construction" means the building of any facility or structure or any portion thereof including any tenant or other substantial improvements to an existing facility or structure.

"Construction and demolition debris" or "C&D" debris" shall mean:

(a) Solid waste that is a portion of the waste stream defined as "construction and demolition wastes," as defined in Section 17225.15 of Article 4 of this Chapter, and means source separated or separated for reuse solid waste and recyclable materials, including commingled and separated materials, that result from construction work, that are not hazardous, as defined in CCR, Title 22, section 66261.3 et seq., and that contain no more than one percent (1%) offensive, solid decomposed wastes by volume calculated on a monthly basis and that the offensive, solid decomposed waste do not constitute a nuisance, as determined by the County Environmental Health Agency.

(1) Components of the building or structure that is the subject of the construction work including, but not limited to, lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, plastic pipe, concrete, fully cured asphalt, heating, ventilating and air conditioning systems and their components, lighting fixtures, appliances, equipment, furnishings and fixtures; and

(2) Tools and building materials consumed or partially consumed in the course of the construction work including material generated at construction trailers, such as blueprints, plans, and other similar wastes; and

(3) Cardboard and other packaging materials derived from materials installed in or applied to the building or structure or from tools and equipment used in the course of the construction work; and

(4) Plant materials resulting from construction work when commingled with dirt, rock, inert debris or C&D debris.

(b) C&D debris expressly excludes, commingled office recyclables and, except as provided above, commingled commercial solid waste and commingled industrial solid waste as they are defined in Title 27, CCR section 20164.

(c) Notwithstanding anything to the contrary in this Chapter, C&D debris includes material, whether or not from construction work, that is generally similar to C&D debris and that is separated for reuse, that is not hazardous, that contains no offensive, solid decomposed wastes and that can be processed without generating any residual, provided that the material is generated by an activity that is similar to, or is directly or indirectly related to, construction work, including without limitation: manufacturing materials for use in construction work, such as wood products, clay or ceramic products, plumbing systems, electrical equipment, metal work and HVAC systems.

"Construction and demolition wood mulch" or "wood mulch" means source separated wood waste that is not compostable material (C&D mulch feedstock), including that portion of C&D debris that is lumber or wood, which has been mechanically reduced in size. C&D mulch feedstock does not include food material, animal material, biosolids, mixed solid waste, chromated copper arsenate (CCA) pressure treated wood, wood containing lead-based paint or mixed C&D debris.

"Construction work" means construction, remodeling, repair, demolition or deconstruction of buildings, other structures, roads, parking lots and similar paved or covered surfaces.

"Compostable material" means any organic material that when accumulated may become active compost.

"Covered project" means those projects as defined and detailed within Section 18.14.050 "Thresholds for Covered Projects" of this Chapter.

"Conversion factor/conversion rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in the waste management plan.

"Deconstruction" means the careful and systematic dismantling of buildings and structures in order to salvage materials for diversion.

"Demolition" means the deconstructing, decimating, destroying, razing, ruining, tearing down, or wrecking of any facility, structure, pavement or building, (wall, fence) whether in whole or in part, whether interior or exterior including its foundation, covered by this Chapter. As used herein, the word "demolition" shall include any partial demolition and any interior demolition affecting more than ten percent (10%) of the replacement value of the structure as determined by the Building Official. Demolition work includes: (1) proper disposal of recyclables, solid waste, and hazardous materials pursuant to applicable regulations and approved plans, if any, (2) termination of utilities serving the premises including permits and final inspections and approvals, (3) removal of driveways and repair of public sidewalks, as required, and (4) site cleanup and restoration including grading, landscaping, and fencing as required.

"Deposit" means an amount to be determined by the WMP Compliance Official and submitted with the WMP at the time of permit application. This deposit is fully refundable, with applicable interest, upon verified proof that applicant recycled or reused a minimum of fifty percent (50%) of the debris generated by the project.

"Diversion requirement" means the diversion of at least fifty percent (50%) of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to Section 18.14.040 of this Chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Plan Compliance Official for the project.

"Divert/diversion" means to use or reuse of construction and/or demolition debris and/or material for any purpose other than disposal in a landfill or transformation facility. Or to use C&D debris for any purpose other than disposal in a landfill, incineration facility, or alternative daily cover. Methods to divert materials from landfills include reuse, salvage, and recycling.

"Emergency construction and demolition/inert debris processing operation" means a site that is established due to a proclamation of a state of emergency or local emergency as provided in CCR, Title 14, Division 7, Chapter 3.0, Article 3, sections 17210.1(i) and (k).

"Existing construction" means the building, addition, alteration or repair of any structure or any portion thereof including any tenant improvements to an existing structure.

"Feedstock" means that raw material used in the commercial/industrial manufacture of a product.

"Fully cured asphalt" means that the material must be at ambient temperature, be substantially hardened and be inelastic.

"Handling" means the receipt, collection, transportation, storage, transfer, or processing of solid waste and recyclable materials.

"Inert debris" means solid waste and recyclable materials that are source separated or separated for reuse, do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et seq.) or soluble pollutants at concentrations in excess of applicable water quality objectives and do not contain significant quantities of decomposable waste. Inert debris may not contain more than one percent (1%) offensive, solid decomposed wastes by volume calculated on a monthly basis and that the offensive, solid decomposed wastes shall not constitute a nuisance, as determined by the County Environmental Health Agency. Gravel, rock, soil, sand and similar materials, whether processed or not, that have never been used in connection with any structure, development, or other human purpose are not inert debris and may [be] commingled with inert debris.

(a) "Type A Inert debris" includes, but is not limited to, concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay products. Type A inert debris is waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce pollutants. The board, upon consultation with the State Water Resources Control Board, will determine on a case-by-case basis whether materials not listed in this subdivision qualify as Type A inert debris.

(b) "Type B inert debris" is solid waste that is specifically determined to be inert by the applicable RWQCB, such as treated industrial wastes and de-watered bentonite-based drilling mud, but excluding Type A inert debris.

"Inert debris engineered fill operation" means a disposal activity exceeding one (1) year in duration in which fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), brick, ceramics, clay and clay products, which may be mixed with rock and soil, are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading as necessary, and having other characteristics appropriate for an end use approved by all governmental agencies having jurisdiction (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use of the land. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and shall be certified by a civil engineer, certified engineering geologist, or similar professional licensed by the State of California.

"Inert debris processing facility" means a site that receives one thousand five hundred (1,500) tons or more per operating day of any combination of Type A and Type B inert debris, or any amount of Type B inert debris, for storage, handling, transfer or processing.

"Inert debris Type A disposal facility" means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations.

"Inert debris Type A processing operation" means a site that receives less than one thousand five hundred (1,500) tons per operating day of only Type A inert debris for storage, handling, transfer or processing.

"In-fill housing" means the construction by one (1) individual, company, corporation or legal entity, or from one (1) to three (3) structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.

"Large volume C&D wood debris chipping and grinding facility" means a site that receives five hundred (500) tons per operating day or more of C&D mulch feedstock for purposes of processing it into C&D mulch.

"Large volume construction and demolition/inert (CDI) debris processing facility" means a site that receives one hundred seventy-five (175) tons or more of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing.

"Material production facility" means a facility that primarily handles raw materials to produce a new product that is a rock product operation (i.e., an "aggregate" operation), a hot mix asphalt plant, or a concrete, concrete product or a Portland cement product manufacturing facility.

"Medium volume C&D wood debris chipping and grinding facility" means a site that receives at least two hundred (200) tons per operating day and less than five hundred (500) tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch.

"Medium volume construction and demolition/inert (CDI) debris processing facility" means a site that receives at least twenty-five (25) tons per operating day and less than one hundred seventy-five (175) tons per operating day of any combination of C&D debris and Type A inert debris for the purposes of storage, handling, transfer or processing.

"Newly constructed buildings" means low-rise residential and non-residential buildings or structures built entirely new and excluding additions, alterations or repairs to previously-existing buildings or structures. (2010 CA Green Building Standards Code, Section 101.3).

"Non-covered project" shall have the meaning set forth in subsection (c) of Section 18.14.050 of this Chapter.

"Performance security/security deposit" means any performance bond, surety bond, money order, cash, certified or cashiers' check, letter of credit, or certificate of deposit or similar financial guarantee as approved by the City's Finance Director submitted to the City of Twentynine Palms pursuant to Section 18.14.080 "Deposit Required" of this Chapter.

"Physical contaminants" means human-made inert products contained within animal feedstock(s), including, but not limited to, glass, metal and plastic.

"Processing" means controlled separation, recovery, volume reduction, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting; chipping, grinding, shredding or baling; the use of vehicles for spreading of waste for the purpose of recovery; and the use of conveyor belts, sorting lines or volume reduction equipment.

"Project" means any proposal for a new or change in land use, or any activity which requires an application for new construction, alteration or enlargement of any structure for a building permit, renovation permit or demolition permit or any similar permit from the City of Twentynine Palms.

"Recycling/recyclables" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste disposed of in a landfill, 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. Recycling does not include burning, incinerating or thermally destroying solid waste.

"Renovation/remodeling" means any change, addition or modification in an existing structure.

"Reuse" means recovering material for further or repeated use of construction and demolition debris/waste in the same or similar form as it was produced, of a material that might otherwise be discarded. This includes materials that are reused at the same location as they are generated.

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

"Separated for reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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, and includes materials that have been "source separated".

"Site" means the area where the handling of solid waste and/or recyclable materials occurs at a recycling center, CDI debris processing operation or facility, inert debris processing operation or facility, or C&D wood debris chipping and grinding operation or facility.

"Site restoration" means removing unprocessed or processed solid waste and recyclable material from the site to allow reuse of the property.

"Small volume C&D wood debris chipping and grinding operation" means a site that receives less than two hundred (200) tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch.

"Small volume construction and demolition/inert (CDI) debris processing operation means a site that receives less than twenty-five (25) tons of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer or processing.

"Source separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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.

"Storage" means the holding or stockpiling of processed or unprocessed C&D debris, C&D mulch, inert debris or recyclable materials for a temporary period, at the end of which the material either is recycled or is transferred elsewhere. Storage of C&D debris, C&D mulch, inert debris or recyclable materials for periods exceeding the limits set in this Chapter is deemed to be disposal and shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at CCR, Title 27, Division 1, Subdivision 1, Chapter 1, Article 1, section 20005).

"Tract housing" means construction of four (4) or more structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.

"Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease.

"Waste" means building materials and solids 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 rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. Waste includes discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, copper, aluminum, glass, brick, concrete, asphalt material, 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, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project; remnants of new materials, including, but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.

"Waste Management Plan (WMP)" means a completed WMP form, approved by the City of Twentynine Palms for the purpose of compliance with this Chapter, submitted by the applicant for any covered or non-covered project.

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

(Ord. No. 236, § 4, 11-23-2010)

(a) Diversion Requirement. It is required that at least fifty percent (50%) of waste material generated from newly constructed low-rise residential and non-residential commercial or industrial construction shall be diverted from disposal.

(b) Waste Management Plan. Prior to starting the project, every applicant shall submit a properly completed "Waste Management Plan" (WMP) as required under Section 18.14.060 (Waste Management Plan) of this Chapter.

(Ord. No. 236, § 4, 11-23-2010)

It is required that at least fifty percent (50%) of waste tonnage from demolition or existing construction such as addition, alteration or repair projects shall be diverted from disposal for all materials except concrete/asphalt. For concrete and/or asphalt a minimum of at least seventy-five percent (75%) of waste tonnage from demolition or existing construction such as addition, alteration or repair projects shall be diverted from disposal.

(Ord. No. 236, § 4, 11-23-2010)

(a) Application. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he/she submits the Waste Management Plan required under Section 18.14.060 (Waste Management Plan) of this Chapter.

(b) The Waste Management Plan Compliance Official (WMPCO), under the provisions of the Green Building Code, 2010 Edition, may grant an exemption (a reduced or alternate compliance requirement) for newly constructed structures, where the applicant can clearly demonstrate either of the following:

(1) Jobsites are isolated and require too great a distance to haul to a diversion facility (§ 4.408.2.2 and 5.408.2.2); and/or

(2) If adequate diversion facilities do not exist (§ 4.408.1(2) and 5.408.3(2)).

(c) Meeting with Compliance Official. The Waste Management Plan Compliance Official shall review the information supplied by the applicant and may meet, but is not required to meet, with the applicant to discuss feasible ways of meeting the diversion requirement(s). Based on the information supplied by the applicant, the WMP Compliance Official shall make a formal determination of whether it is feasible for the applicant to meet the diversion requirement.

(d) Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirements, he/she shall determine the maximum feasible diversion rate for waste generated by the project and shall indicate the new diversion requirement the applicant shall be required to meet, and will inform the applicant in writing of the new requirement. The applicant shall then have fifteen (15) days to submit a revised Waste Management plan in compliance with the new diversion requirement. If the applicant fails to resubmit, or if the resubmitted WMP does not comply with the provisions of Section 18.14.060 (Waste Management Plan), the WMP Compliance Official shall disapprove the WMP in accordance with Section 18.14.060 (Waste Management Plan).

(Ord. No. 236, § 4, 11-23-2010)

(a) Covered Projects (Existing Construction). All existing construction projects, including all renovation, remodel or addition to an existing structure, or the construction of a new structure, within the City of Twentynine Palms shall comply with Chapter 18.14 "Recycling and Diversion of Construction and Demolition Waste" and shall be required to submit a Waste Management Plan prior to beginning any construction activities, and shall be subject to the provisions of this Chapter. Failure to comply with any of the terms and provisions of Chapter 18.14 "Recycling and Diversion of Construction and Demolition Waste", shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 18.14.100 Fines/Penalties listed below.

(b) Covered Projects (Demolition). All demolition projects within the City of Twentynine Palms shall comply with Chapter 18.14 "Recycling and Diversion of Construction and Demolition Waste" and shall be required to submit a Waste Management Plan prior to beginning any demolition activities, and shall be subject to the provisions of this Chapter. Failure to comply with any of the terms and provisions of Chapter 18.14 "Recycling and Diversion of Construction and Demolition Waste", shall subject the project applicant to the full range of enforcement mechanisms set forth in Section 18.14.100 Fines/Penalties listed below.

(c) City of Twentynine Palms Sponsored Projects (Existing Construction). All City of Twentynine Palms sponsored construction projects shall be considered "covered projects" for the purposes of this Chapter, and shall be subject to approval of a Waste Management Plan prior to beginning any construction activities, and shall be subjected to the provisions of this Chapter.

(d) City of Twentynine Palms Sponsored Projects (Demolition). All City of Twentynine Palms sponsored demolition projects, including property abatement, shall be considered "Covered Projects" for the purposes of this Chapter and shall submit a Waste Management Plan prior to beginning any demolition activities, and shall be subjected to the provisions of this Chapter.

(e) Deconstruction/Recovery Interval for Covered Demolition Projects. Every covered demolition project shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. To provide sufficient time for deconstruction, salvage and recovery, no demolition may take place until a period of five (5) working days has elapsed from the date of issuance of the demolition permit. Recovered and salvaged designated recyclable and reusable material from every project shall qualify to be counted in meeting diversion requirements of Section 18.14.030 "Diversion Requirement for Demolition or Addition, Alteration or Repair Projects". Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises, or may be removed to reuse facilities for storage or sale.

(f) Compliance as a Condition of Approval. Compliance with the provisions of this Chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project, and shall be included as a condition of approval for and within a discretionary approval granted by the City.

(g) Exemptions. A Waste Management Plan shall not be required for the following:

(1) Work for which a building or demolition permit is not required.

(2) Roofing projects that do not include tear-off of the existing roof or roofing materials.

(3) Work for which only a plumbing, or only an electrical, or only a mechanical permit is required.

(4) Seismic tie-down or other earthquake safety-related retrofit projects.

(5) Projects where no structural building modifications are required.

(6) Emergency demolition required to protect the public health and safety.

* While not required, it shall be encouraged that at least fifty percent (50%) of all project-related existing construction and demolition waste from exempt projects be diverted.

(Ord. No. 236, § 4, 11-23-2010)

Prior to commencing any construction or demolition project as defined herein, every applicant shall submit a properly completed "Waste Management Plan" (WMP) to the WMP Compliance Official, in a form as prescribed by that official, as a portion of the building or demolition permit process. The completed WMP shall contain, at a minimum, the following information:

(a) The estimated volume or weight of project waste to be generated by material type; and

(b) Declaration of whether the materials will be sorted on site or mixed; and

(c) The maximum volume or weight of such materials that can feasibly be diverted via reuse, recycling or salvage for future use or sale by material type; and

(d) The vendor(s) that the applicant proposes to use to haul the materials; and

(e) Facility(ies) the materials will be hauled to, and their expected diversion rates (by volume or weight) by material type; and

(f) Estimated "feasible" volume or weight of construction and demolition waste that will be disposed of.

* Because actual material weights are not available in this stage, estimates are used. In estimating the volume or weight of materials as identified in the WMP, the applicant shall use the standardized conversion rates approved by the City of Twentynine Palms for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit. If the applicant calculates the projected estimated feasible diversion rate as described above, and finds the rate does not meet the diversion goal, the applicant must then submit information supporting the lower diversion rate. If this documentation is not included, the WMP shall be deemed incomplete.

(Ord. No. 236, § 4, 11-23-2010)

(a) No building or demolition permit shall be issued for any covered project unless and until the Waste Management Plan Compliance Official (WMPCO) has approved a Waste Management Plan for the specific project requested. Approval shall not be required, however, where it can be demonstrated that emergency demolition is required to protect the public health or safety. The Waste Management Plan Compliance Official shall only approve a Waste Management Plan if he/she determines that all of the following conditions have been met:

(1) The WMP provides all of the information set forth in this section; and

(2) The WMP indicates that fifty percent (50%) of all construction waste and seventy-five percent (75%) of all demolition waste generated by the project shall be diverted (or new diversion goal as set in effect in accordance with the applicant's approved diversion exemption request); and

(3) The applicant has submitted an appropriate deposit for the project.

(b) Non-Approval. If the Waste Management Plan Compliance Official determines that the Waste Management Plan (WMP) is incomplete or fails to indicate that at least fifty percent (50%) (or new diversion goal as set in accordance with the applicant's approved diversion exemption request) of all construction and demolition waste generated by the project will be diverted, he or she shall either:

(1) Return the WMP to the applicant marked "Disapproved", including a statement of reasons, and will notify the Building Division of the Community Development Department, which shall then immediately stop processing any submitted building or demolition permit application; or

(2) Return the WMP to the applicant marked "Further Explanation Required."

(Ord. No. 236, § 4, 11-23-2010)

During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste, and keep records of the tonnage or other measurements approved by the City of Twentynine Palms that can be converted to tonnage amounts. The WMP Compliance Official will evaluate and may monitor each covered project to determine the percentage of waste salvaged and recycled or reused from the covered project. For covered projects, including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.,) and dimensional lumber, wallboard, concrete and corrugated cardboard. Materials separated on site, if stored on site for more than forty-eight (48) hours, shall be stored in an orderly manner, not directly visible from the public right-of-way or a neighboring property.

(Ord. No. 236, § 4, 11-23-2010)

Within seven (7) days following the completion of the demolition phase of a covered project, and again within seven (7) days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of said project, submit documentation to the WMP Compliance Official that proves compliance with the requirements of Section 18.14.080 "Waste Management Plan" and Section 18.14.030 "Diversion Requirement for Demolition or Addition, Alteration or Repair Projects". The documentation shall consist of a final completed WMP showing actual waste tonnage data, supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether waste generated from the covered project has been or are to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available.

To the extent practical, all construction and demolition waste shall be 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 of Twentynine Palms for this purpose.

If a covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the WMP Compliance Official before issuance of a building permit for the construction phase of a covered project. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the WMP Compliance Official. Any deposit posted pursuant to Section 18.14.080 "Deposit Required" shall be forfeited if the applicant does not meet the timely reporting requirements of this section.

(Ord. No. 236, § 4, 11-23-2010)

Violation of any provision of this Chapter may be enforced by civil action, including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City of Twentynine Palms shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this Chapter.

(a) Violation of any provision of this Chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation, a fine not to exceed two hundred dollars ($200.00) for the second violation within any consecutive twelve-month period, a fine not to exceed five hundred dollars ($500.00) for each additional violation within any consecutive twelve-month time period thereafter for work completed under a building permit or permits for any specific, individual property. There shall be a separate infraction for each day on which a violation occurs. Where the violation is the failure to achieve the diversion requirement applicable to the project and the construction and demolition materials from the project have already been disposed, the violation shall be deemed to have ceased after a period of three (3) days (constituting the first, second and third violation of the Code). The City of Twentynine Palms shall recover costs and attorneys' fees incurred in connection with enforcement of this Chapter.

(b) Failure to achieve the full diversion/recycling goals identified within the approved WMP shall constitute a violation of this Chapter as noted above. Failure to conform to the requirements of this Chapter shall result in a forfeiture of all or a portion pro rata share of the deposit required under Section 18.14.080 "Deposit Required" above.

(c) Enforcement pursuant to this Section shall be undertaken by the City of Twentynine Palms through its Code Enforcement Division of the Community Development Department and the City of Twentynine Palms City Attorney.

(Ord. No. 236, § 4, 11-23-2010)

Under the provisions of Development Code Chapter 19.46 "Appeals" any decision of the Waste Management Plan Compliance Official regarding approval or denial of a Waste Management Plan, granting or denial of an exemption, whether the applicant has acted in good faith to fulfill the requirements of the approved WMP or the amount of deposit to be released, may be appealed within ten (10) days of the WMP Compliance Official's decision to the City of Twentynine Palms City Manager for consideration and action. Any such action of the City Manager shall be final unless appealed to the City Council as prescribed within Chapter 19.46 "Appeals".

(Ord. No. 236, § 4, 11-23-2010)

Within thirty (30) days of the first anniversary of the effective date of the adoption of the ordinance establishing Chapter 18.14 "Recycling and Diversion of Construction and Demolition Waste", the City of Twentynine Palms' Waste Management Plan Compliance Official shall prepare a comprehensive review/report of approved Waste Management Plans that have been approved by the City and shall assess the benefits and costs thereof to the community. In this review, the City of Twentynine Palms will consider issues such as the amount of construction and demolition waste disposed, volume of construction and demolition activity, markets for construction and demolition waste, and other barriers encountered by applicants. If the City of Twentynine Palms determines the construction and demolition disposed had the potential for diversion, then the City may amend these provisions and implement the necessary measures to divert more construction and demolition waste. This comprehensive review/report shall be presented to the City Council for consideration of possible amendments to Chapter 18.14 "Recycling and Diversion of Construction and Demolition Waste".

(Ord. No. 236, § 4, 11-23-2010)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or any part thereof, is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The city of Twentynine Palms City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this Chapter are declared severable.

(Ord. No. 236, § 4, 11-23-2010)