§ 7-260

The following definitions shall govern all terms of this article and shall supersede any term otherwise defined inconsistently in this Code:

(a)

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 building, paving, grading, construction, renovation, or demolition projects within the city.

(b)

Article means West Covina Municipal Code, chapter 7, article XVI, "Waste Reduction, Reuse and Recycling of Construction and Demolition Debris."

(c)

Construction means the building of any facility or structure or any portion thereof, including any remodeling work to an existing facility or structure.

(d)

Construction and demolition debris ("C&D") means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, renovation, repair, grading or demolition operations on any pavement, house, commercial building, vacant lot or other structure. C&D debris shall be considered "recyclable material" as defined by section 12-16 of this Code.

(1)

Discarded materials generally considered to be water insoluble and nonhazardous in nature including, but not limited to, asphalt, brick, concrete, glass, gravel, gypsum, masonry, metal, pipe, rock, sand, slate, soil, steel, stone, wallboard, or otherwise inert material from the construction or demolition of a structure as part of a construction and/or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, trees, brush, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

(2)

Clean cardboard, construction paper, plastics (including, but not limited to, sheeting, molding, and shrink wrap), wood, lighting and piping fixtures, and metal scraps from any construction and/or demolition project.

(3)

Plant materials resulting from construction work when commingled with dirt, rock, and other inert materials.

(4)

De minimus amount of other nonhazardous wastes that are generated at construction and demolition projects provided such amounts are consistent with best management practices of the industry.

(e)

Contractor means any person, group or group of persons, consultant, association, partnership, corporation or other business entity that has a contract within the city (including suppliers) or serves in a subcontracting capacity with an entity having a contract within the city for the provision of goods or services.

(f)

Covered project shall have the meaning set forth in section 7-261(a) and (b) of this article.

(g)

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

(h)

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

(i)

Diversion requirement means recycle or salvage construction and demolition debris generated by a project for reuse at a minimum rate as required by the California Green Building Standards Code.

(j)

Hazardous or toxic C&D debris means C&D debris which meets the definition of hazardous substance or waste, medical waste, radioactive substance or waste, or toxic substance or waste under any federal, state, or local statute, regulation, ordinance, or law.

(k)

Project means any activity that requires an application for a building, paving, grading, construction, renovation or demolition permit, or any similar permit from the city.

(l)

Recycling means the process of collection, 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.

(m)

Valuation shall be defined by current adopted building code and shall include the total value of work including materials and labor for which the permit is issued electrical, mechanical, plumbing and other permanent systems.

(n)

Waste diversion plan (WDP) means a plan to divert debris from construction, demolition, grading, and renovation projects as outlined in section 7-262.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-261. - Covered projects.

(a)

Covered projects shall include all construction and demolition with removal of existing and/or new construction material, grading and renovation projects within the city that are one thousand (1,000) square feet or greater.

(b)

Covered projects shall also include all city-funded projects, public works projects and other capital improvement program (CIP) projects, regardless of size.

(c)

Covered projects shall fully comply with this article. Failure to comply with any of the terms of this article shall subject the applicant to the full range of enforcement mechanisms set forth in section 7-266.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-262. - Waste diversion plan (WDP).

(a)

Prior to permit issuance, applicant(s) for building, paving, grading, construction, renovation or demolition permits for any "covered project" shall submit the following to the building division:

(1)

A completed WDP project information form.

(2)

The administrative cost-recovery fee: Each application will require an application fee as detailed in section 7-263. This is the cost for staff time and materials to review and process documentation related to the

administration of this article.

(3)

Performance security deposit as detailed in section 7-264.

(b)

Within ninety (90) days from the final permit inspection approval of the "covered project," the applicant(s) shall submit to the community development director or his/her designee a completed waste diversion plan (WDP) as a condition for release performance security deposit. Failure to do so will forfeit all refunds of the performance security deposit.

(c)

The completed WDP shall indicate all of the following:

(1)

The actual tonnage of the project's C&D debris, listed by materials type to be generated. The materials type to be listed include, but are not limited to, source-separated materials (e.g., asphalt, concrete, concrete block, rocks, dirt and sand); metals (ferrous and non-ferrous); wood; green materials (e.g., tree trimmings); red clay brick; corrugated cardboard and wall board; mixed debris; salvageable items; and other materials as defined in section 7-260.

(2)

The actual tonnage of C&D debris that was feasibly be diverted via reuse and/or recycling.

(3)

The actual tonnage of C&D debris that will be disposed to landfill.

(4)

The vendor or facility that the applicant proposes to use to collect or receive C&D debris. All such vendors and facilities shall be properly licensed for such purpose in accordance with all applicable federal, state, and local statutes, regulations, ordinances, and laws.

(5)

Diversion documentation receipts of materials reused, recycled, and disposed.

(d)

In estimating the tonnage of C&D debris identified in the WDP, the applicant shall use standardized conversion rates to tons approved by the city for this purpose.

(e)

The actual tonnage of waste recycled and disposed must be documented and verified in the WDP by attaching weight receipts from all recycling facilities, recycling dealers or waste haulers.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-263. - The administrative cost-recovery fee.

(a)

Each application will require an application fee. This is the cost for staff time and materials to review and process documentation related to the administration of this article.

(b)

The administrative cost-recovery fee shall be set by resolution as approved by the city council.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-264. - Performance security deposit and refund.

(a)

Deposit. The applicant(s) shall submit a performance security deposit with the "waste diversion plan" (WDP) to the community development director or his/her designee. The amount of the performance security deposit shall be set by resolution as approved by the city council.

(b)

Refund. The community development director or his/her designee shall refund the deposit of subsection (a) as follows:

(1)

A full refund based on a deposit erroneously paid or collected.

(2)

A full refund when a building, paving, grading, construction, renovation or demolition permit is withdrawn or cancelled before any work has begun.

(3)

A full refund the applicant met the diversion requirements set forth in this article and documentation is provided.

(4)

A full refund for applicants meeting exemption status of section 7-265.

(5)

No refund in whole or part shall be authorized unless the original building permit applicant provides complete documentation as required by section 7-262 and to the satisfaction to the community development director or his/her designee.

(6)

No refund in whole or part shall be authorized when the submittal date of the completed WDP is beyond ninety (90) days from the date of final permit inspection approval of the covered project.

(7)

No refund in whole or part shall be authorized unless the diversion requirements by weight of the waste generated by the project was diverted from disposal and documentation is provided.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-265. - Diversion requirements exemption.

Applicant(s) for building, paving, grading, construction, renovation or demolition permits for any "covered project" may be exempt from meeting the diversion requirement and will be entitled to full refund of the performance security deposit if the applicant(s) use(s) the city franchised hauler/collector pursuant to section 12-17 of this Code and provide(s) the completed documentation as required by section 7-262. Furthermore, the receipts and/other documentation from the waste hauler/collector must bear the name(s) of the city's franchised hauler/collector.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-266. - Authority and enforcement.

(a)

The community development department shall manage the implementation, coordination, documentation, administration, and enforcement of this article and the waste diversion plan.

(b)

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

(c)

Violation of any provision of this article 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 one (1) year, and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one (1) year. 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

C&D materials from the project have already been landfilled, the violation shall be deemed to have ceased after a period of ten (10) days.

(d)

Enforcement pursuant to this section shall be undertaken by the City of West Covina.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-267. - Hazardous or toxic C&D debris.

Notwithstanding the provisions of this article, all hazardous or toxic C&D debris generated by any project shall be handled and disposed of according to any and all applicable federal, state, and local statutes, regulations, ordinances, and laws. Applicants are encouraged to recycle hazardous or toxic C&D debris only to the extent legally permitted.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-268. - Applicability of other laws.

Nothing in this article shall relieve any applicant of the duty to comply with any and all other applicable statutes, regulations, ordinances, and laws regulating control and disposal of solid waste. Approval of an applicant's WDP or other entitlement granted pursuant to this article shall not relieve an applicant of any legal duties under such laws.

(Ord. No. 2447, § 3 (Att. 1), 12-18-18)

Sec. 7-269. - Reserved.

ARTICLE XVII. - SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS

Sec. 7-270. - Title.

The ordinance codified in this article shall be known and designated as the "Small Residential Solar Energy System Permits" ordinance.

(Ord. No. 2280, § 1, 8-8-15)

Sec. 7-270.1. - Purpose.

The purpose of this article is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This article is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This article allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 2280, § 1, 8-8-15)

Sec. 7-270.2. - Definitions.

(a)

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(b)

"Board of appeals" means the board of appeals established pursuant to section 7-18.8.

(c)

"Building department" means the building department for the City of West Covina.

(d)

"Building official" means the building official for the City of West Covina.

(e)

"City" means the City of West Covina.

(f)

"Common interest development" means any of the following:

(1)

A community apartment project;

(2)

A condominium project;

(3)

A planned development;

(4)

A stock cooperative.

(g)

"Electronic submittal" means the utilization of one (1) or more of the following:

(1)

Email;

(2)

The Internet;

(3)

Facsimile.

(h)

"Expedited permitting," and "expedited review," means the process outlined in section 7-270.6 entitled "Expedited permit review and inspection requirements."

(i)

A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the city on another similarly situated application in a prior successful application for a similar permit.

(j)

"Labels" means signage identifying solar equipment, solar equipment ratings, and warnings of potential hazards. Labels shall be made of durable plastic or metallic material with edged or engraved lettering. The label description shall comply with the requirements of the current California Electrical Code.

(k)

"Reasonable restrictions" on a solar system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specific performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

(l)

"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

(1)

For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed.

(2)

For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed.

(m)

"Small residential rooftop solar energy system" means all of the following:

(1)

A solar energy system that is not larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

(2)

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of West Covina and all State of California health and safety standards.

(3)

A solar energy system that is installed on one- and two-family homes of R3 occupancy as defined by the California Building Code.

(4)

A solar panel or module array that does not exceed the maximum legal building height as defined by the City of West Covina.

(n)

"Solar energy system" means either of the following:

(1)

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

(2)

Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

(o)

"Specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.

(Ord. No. 2280, § 1, 8-8-15)