Chapter 8.16

WASTE MANAGEMENT PLAN FOR CONSTRUCTION AND DEMOLITION

As hereinafter used in this chapter, the following words are defined as follows:

"Applicant" means any person who applies to the City for the applicable permits to undertake any covered project.

"Building Official" means the chief Building Official of the City.

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

"Construction or demolition waste (C&D)" means any solid waste, materials or debris used, discarded or generated as the result of construction, renovation, remodeling, repair or demolition operations, including, without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.

"Construction site" or "demolition site" means any real property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be removed from the property, and requires the use of commercial refuse containers.

"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 a waste management plan.

"Covered project" means any new construction, or addition, alteration, demolition, or renovation project within the City requiring a demolition and/or building permit, and any City project subject to the California Public Contracts Code.

"Deconstruction" means disassembly of any facility, structure, or building, whether in whole or in part, whether interior or exterior, piece-by-piece in order to salvage the parts.

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

"Disposal" means the complete operation of treating and disposing of solid waste after collection.

"Diversion requirement" means the diversion of at least 65% of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.16.070, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project.

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

"Non-covered project" means any construction, demolition, or renovation project within the City that is not a covered project.

"Waste management plan" means a completed WMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

"WMP Compliance Official" means the Director of Public Works, or designee, authorized and responsible for implementing this chapter.

(Prior code § 12.37)

• A. Covered Projects. Prior to beginning any construction or demolition activities, the applicant shall submit a waste management plan to the WMP Compliance Official and shall comply with all provisions included in Sections 8.16.030 through 8.16.090.

• B. Noncovered Projects. Proponents of noncovered projects shall be encouraged to divert at least 65% of all project-related construction and demolition debris, but shall not be required to submit a waste management plan to the WMP Compliance Official.

• C. 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.

(Prior code § 12.38)

• A. WMP Forms. Subject to Section 8.16.070, applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan ("WMP"), on a WMP form approved by the City for this purpose, as part of the application packet for the building and/or demolition permit. The completed WMP shall indicate all of the following:

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

  2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

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

  4. The estimated volume or weight of C&D materials that will be landfilled;

  5. Any special or specific activities that the applicant will use to comply with the provisions of this section; and

  6. A security deposit in an amount set by resolution of the City Council. This security deposit will be fully reimbursable upon satisfactory compliance with Section 8.16.060.

• B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the City for this purpose.

• C. Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage rather than being landfilled.

(Prior code § 12.39)

Except as set forth in subsection B below and as set forth in Section 8.16.090, each applicant for a permit for a covered project shall submit, along with the WMP, a diversion security deposit in accordance with the following:

• A. A security deposit in an amount set by resolution of the City Council.

• B. For City projects, no deposit shall be required, but the contractor must show evidence of compliance and adherence to the WMP prior to receiving payment of the final retention amount for the project.

(Prior code § 12.40)

• A. Approval. No building or demolition permit shall be issued for any covered project unless and until the WMP Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the Building Official. The WMP Compliance Official shall only approve a WMP if the official first determines that all of the following conditions have been met:

  1. The WMP provides all of the information set forth in Section 8.16.030; and

  2. The WMP indicates that at least 65% of all C&D debris generated by the project will be diverted; and

  3. The applicant has submitted an appropriate diversion security deposit in compliance with Section 8.16.040.

If the WMP Compliance Official determines that these conditions have been met, the official shall mark the WMP "approved," return a copy of the WMP to the applicant, and notify the Building Official that the WMP has been approved.

• B. Non-Approval. If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that at least 65% of all C&D debris generated by the project will be reused or recycled, the WMP Compliance Official shall either:

  1. Return the WMP to the applicant marked "denied," including a statement of reasons, and so notify the Building Official, who shall then immediately stop processing the building or demolition permit application; or

2. Return the WMP to the applicant marked "further information required," accompanied by a description of the needed additional information.

(Prior code § 12.41)

• A. Documentation. Within 90 days after completion of any covered project, the applicant shall submit to the WMP Compliance Official documentation that it has met the diversion requirement. This documentation shall include all of the following:

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

  2. A copy of the previously approved WMP 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 the approved WMP for the project.

• B. Weighing of Wastes. 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 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.

• C. Determination of Compliance and Release of Building Permit. The WMP 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. Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, the official shall give authorization for the building permit and the diversion security deposit to be released to the applicant.

  2. Good Faith Effort to Comply. If the WMP Compliance Official determines that the diversion requirement has not been achieved, the official may determine on a caseby-case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP Compliance Official determines that the applicant has made a good faith effort to comply with the diversion requirement, the Official shall authorize release of the building permit and the diversion security deposit to the applicant.

  3. Noncompliance. If the WMP Compliance Official determines that the applicant has not made a good faith effort to comply with the diversion requirement, or if the applicant fails to submit the documentation required by subsection A of this section within the required time period for construction as specified in the City of Vernon Building Code, then the WMP Compliance Official shall notify the applicant and the Building Official. The security deposit will be forfeited and placed into a specialized account set forth by the City of Vernon to be used for the purposes of recycling/waste reduction programs and activities. Once the security deposit has been forfeited, the Building Official can release or deny the building permit depending on the severity of the noncompliance.

(Prior code § 12.42)

• A. Application. If an applicant for a covered project believes unique circumstances make it unfeasible to comply with the diversion requirements, the applicant may apply for an exemption at the time the WMP is submitted as required under Section 8.16.030. The applicant shall indicate on the WMP 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 WMP Compliance Official. The WMP 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 the WMP Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

• C. Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the WMP Compliance Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP Compliance Official shall return a copy of the WMP to the applicant marked "approved for exemption" and shall notify the Building Official that the WMP has been approved.

• D. Denial of Exemption. If the WMP Compliance Official determines that it is possible for the applicant to meet the diversion requirement, the WMP Compliance Official shall so inform the applicant in writing. The applicant shall resubmit a WMP form in full compliance with Section 8.16.09. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.16.09, the WMP Compliance Official shall deny the WMP.

• (Prior code § 12.43)

• A. The applicant shall have the right to appeal any decision made by the WMP Compliance Official to the City Administrator.

• B. Decisions made by the City Administrator shall be final. (Prior code § 12.44)

Neither a waste management plan nor a security deposit shall be required for the following:

• A. Non-covered project.

• B. Roofing projects that do not include the tear-off of the existing roof.

• C. Work for which only one of the following permits is required: plumbing, electrical, or mechanical permit.

• D. Seismic tie-down projects.

• E. Installation of prefabricated enclosures and covers where no foundation or other structural building modifications are required.

• F. Installation of prefabricated accessories such as signs or antennae where no structural building modifications are required.

(Prior code § 12.45)