HomeMy WebLinkAboutCC ORD 2008-2309 Adds Ch. 15.80, construction and demolition debris (15.80)ORDINANCE NO. 2008 — 2309
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 15.80 PERTAINING TO
CONSTRUCTION AND DEMOLITION DEBRIS
WHEREAS, the State of California, through the California Integrated Waste
Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the
State reduce the amount of solid waste disposed in landfills by fifty percent (50%); and
WHEREAS, every city and county in California could face fines up to $10,000 per
day for failing to meet the State mandated diversion requirement listed above; and
WHEREAS, due to the increase in development in National City, the City's
diversion rate is hovering around 50% which could hinder achievement of the State mandated
fifty percent (50%) diversion requirement, and leaving the City open to monetary penalties for
noncompliance; and
WHEREAS, Senate Bill 1374 amends Section 41650 of the Public Resources
Code and requires the California Integrated Waste Management Board ("CIWMB"), in
determining monetary penalties, to consider whether the local jurisdiction has adopted an
ordinance for diversion of construction and demolition debris; and
WHEREAS, based on the CIWMB 1999 statewide estimate of construction and
demolition debris, this debris constituted 35 percent (35%) of the waste stream in the County of
San Diego; and
WHEREAS, with the increase in development in the City, construction and
demolition materials are likely a significant portion of the waste stream that have significant
potential for waste reduction and recycling; and
WHEREAS, reusing and recycling construction and demolition debris is essential
to further the City's efforts to reduce waste and comply with AB 939 diversion requirements; and
WHEREAS, except in unusual circumstances, it is feasible to divert an average
of at least fifty percent (50%) of all construction and demolition debris from construction,
demolition, and renovation projects.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. Title 15 of the National City Municipal Code is hereby amended by adding
Chapter 15.80 to read as follows:
Chapter 15.80
CONSTRUCTION AND DEMOLITION DEBRIS
Sections:
15.80.010 Purpose and intent.
15.80.020 Definitions.
15.80.030 Covered projects.
15.80.040 Exempt projects.
15.80.050 Diversion of construction and demolition debris.
15.80.060 Diversion requirements.
15.80.070 Certified recycling facility.
15.80.080 Waste Diversion Form submittal requirement.
15.80.090 Waste Diversion Security Deposit requirements.
15.80.100 Appeals.
15.80.110 Unclaimed and not refunded deposits and accrued interest.
15.80.120 Use of deposits.
15.80.130 Final inspection or Certificate of Occupancy requires proof of diversion
achieved.
15.80.140 Unclaimed and not refunded deposits and accrued interest.
15.80.150 Use of deposits.
15.80.160 Administrative fees for processing waste diversion forms and program.
15.80.170 Severability.
15.80.010 Purpose and intent.
A. The purpose of this chapter is to divert building materials from landfills, and
process and return the materials into the economic mainstream, thereby conserving natural
resources and stimulating markets for recycled and salvaged materials.
B. To ensure compliance with this Chapter and to ensure that those contractors that
comply with this Chapter are not placed at a competitive disadvantage, it is necessary to impose
a Waste Diversion Security Deposit requirement.
15.80.020 Definitions.
A. "Applicant" means any person, 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, demolition, or renovation project within the city.
B. "Building official" means the Director of the Building and Safety Department or
their designee.
C. "Certified recycling facility" means a recycling, composting, materials recovery or
reuse facility which accepts construction and demolition debris and which has been certified by
the Building Official pursuant to rules promulgated by the Director.
D. "City sponsored project" a capital improvement project constructed by the City or
its contractor, agent, or designee.
E. "Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure. Construction does
not include a project limited to interior plumbing work, interior electrical work or interior
mechanical work.
F. "Construction and demolition (C&D) debris" means the waste building materials,
packaging, and rubble resulting from construction, remodeling, repair, alteration, and/or
demolition operations on pavements, houses, commercial buildings, and other structures and
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may include, but is not limited to, concrete, asphalt, wood, cardboard, metals, bricks, dirt, rocks,
vegetative or woody Iandclearing/landscaping materials, and other inert waste.
G. "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 Waste Diversion Form.
H. "Covered project" means all projects which require a permit pursuant to Chapter
15.80 of this Code, unless exempted by Section 15.80.40.
"Deconstruction" means a process to dismantle or remove useable materials
from structures, in a manner that maximizes the recovery of building materials for reuse and
recycling and minimizes the amount of waste transported for disposal in landfills and
transformation facilities.
J. "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.
K. "Disposal" means the final deposition of solid waste at a permitted landfill.
L. "Diversion or divert" means the reduction or elimination of solid waste from
landfill disposal.
M. "Diversion requirement" means the diversion of at least fifty percent (50%) of the
total construction and demolition debris generated by a covered project by reuse or recycling.
N. "Exempt project" has the meaning set forth in Section 15.80.040 of this Chapter.
O. "Inert debris" means asphalt, concrete, brick, masonry, and tile.
P. "Recycling" means the process of collecting, sorting, cleansing, deconstructing,
treating, and reconstituting materials that would otherwise be solid waste, and the return of
those materials to the economic mainstream in the form of materials which meet the quality
standards necessary to be used in the marketplace for new, reused, or reconstituted products.
Q. "Renovation" means any change, addition, or modification in an existing structure
that requires a building permit or demolition permit but does not include a project limited to
interior plumbing work, electrical work or mechanical work.
R. "Reuse" means further or repeated use of construction or demolition debris.
S. "Salvage" means the controlled removal of construction or demolition debris from
a permitted building or demolition site for the purpose of recycling, reuse, or storage for later
recycling or reuse.
T. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and
liquid wastes, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, construction and demolition debris, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage
sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes.
U. "Tenant improvement" means a "project" involving structural or other
modifications of an existing commercial structure resulting in the generation of construction and
demolition debris.
V. "Total Construction Value" means the cost of the project, as stated in the building
or demolition application.
W. "Waste Diversion Form" (WDF) means the form prepared by the Building Official
which an applicant for a building permit or demolition permit shall provide information including,
but not limited to the:
1. Types and amounts of construction and demolition debris the applicant
estimates the covered project will generate;
2. Expected construction and demolition debris diversion the applicant
expects to achieve for the covered project;
3. Actual quantity of construction and demolition debris the applicant
diverted;
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4. Name and address of the person to whom a deposit refund, if any, shall
be issued; and
5. Documentary evidence demonstrating the construction and demolition
debris diversion the applicant achieved for the project.
X. "Waste diversion security deposit" means any performance bonds, surety bond,
money order, letter of credit, cash, certified check or certificate of deposit in a form acceptable
to the City, submitted to the City as pursuant to Section 15.80.070 of this Chapter.
15.80.030 Covered projects. The Building Official is authorized to impose the
conditions and requirements set forth in this section upon permits that are issued for
construction or demolition projects described below. Projects that meet the criteria listed below
are deemed to be "covered projects."
A. The construction of one new single-family residential structure that involves at
least 2,000 square feet or more of floor area.
B. The construction of more than one new single-family residential structure,
regardless of the square footage of the floor area.
C. The construction of all new multi -family residential structures, including condo
conversions, regardless of the square footage of the floor area.
D. The construction of a new commercial building regardless of the square footage
of the floor area.
E. Tenant improvements that involve at least 2,500 square feet or more of floor
area.
F. All roofing projects involving concrete tiles, in which the roofing project is at least
1,000 square feet and includes tear -off or removal of existing roofing material.
G. Any demolition project that involves a residential or commercial structure
regardless of the square footage of the floor area, including partial and entire demolitions.
H. The construction of an accessory structure to an existing commercial structure
that involves at least 5,000 square feet or more of floor area.
I. The construction of an addition to an existing commercial structure that involves
at least 1,500 square feet or more of floor area.
J. City or Community Development Commission projects for which the City or
Community Development Commission provide funding in excess of $250,000, or fall within one
of the above categories.
15.80.040 Exempt projects. No waste diversion form shall be required for any of the
following activities alone or in combination with one another, except if the activity or activities
is/are undertaken in conjunction with a project that is otherwise subject to this division:
A. All roofing projects not specified as a covered project in Section 15.80.030
subsection F.
B. Installation or repair of a retaining wall.
C. Installation, replacement or repair of a carport, patio cover, balcony, trellis or
fireplace.
D. Installation, replacement or repair of a deck.
E. Installation, replacement or repair of a fence, not including the replacement of a
concrete or cinder block wall that exceeds 300 square feet.
F. Installation, replacement or repair of a swimming pool or a spa.
G. Installation, replacement, or repair of a pre -fabricated sign or the structure to
which the sign is attached.
H. Installation, replacement or repair of storage racks.
I. Projects for which only a plumbing, electrical or mechanical permit is required.
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J. Demolition or construction required to protect the public health or safety in an
emergency, as defined in Public Resources Code Section 21060.3.
15.80.050 Diversion of construction and demolition debris.
A. For the purposes of this Chapter, diversion of C&D debris may be achieved by
any of the following methods:
1. On -site reuse;
2. Acceptance of the C&D debris by a recycling facility; or
3. Salvage, other donation or reuse of the C&D debris acceptable to the
Building Official.
B. C&D debris shall be measured by weight or by volume, whichever is most
accurate and practicable. To the extent practicable, all C&D debris shall be weighed on a scale.
1. For C&D debris that is weighed, the applicant shall use a scale that is in
compliance with all federal, state, and local regulatory requirements for accuracy and
maintenance of such scale.
2. For C&D debris for which measurement by weight is not practicable, the
applicant shall measure by volume and convert the volumetric measurements to weight using
the City's Conversion Rate Tables.
C. Applicants for construction, demolition, renovation, and roofing projects within the
City for Non -covered Projects shall be encouraged to divert at least fifty (50) percent of all
project -related C&D debris.
15.80.060 Diversion requirements. It is required that at a minimum the following
specified percentages of the waste tonnage of demolition and construction debris generated
from the following categories of covered projects shall be diverted from landfills by using
recycling, reuse and diversion programs:
A. 75% of inert debris; and
B. 50% of remaining construction and demolition debris generated by a covered
project.
15.80.070 Certified recycling facility. The Building Official may identify individual
facilities as certified recycling facilities, and require contractors working on covered projects to
deliver non -source -separated construction and demolition debris to these facilities for the
purpose of helping to increase the City's diversion rates.
15.80.080 Waste Diversion Form submittal requirement.
A. Except as otherwise provided in this Chapter, all applicants for a building permit
or demolition permit for a covered project shall submit a properly completed Waste Diversion
Form with the building permit or demolition permit application.
B. The Waste Diversion Form shall contain the following:
1. The type of project;
2. The total square footage of the project;
3. The estimated volume or weight of project construction and demolition debris,
by materials type, to be generated;
4. The maximum volume or weight of construction and demolition debris that will
disposed of in a landfill; and
5. The vendors or facilities that the applicant proposes to use to collect,
process, or receive that construction and demolition debris.
C. The City will provide a Conversion Rate Table for the purpose of calculating the
volume and weight of construction and demolition debris. The applicant shall use the
Conversion Rates Tables in estimating the volume or weight of materials identified in the Waste
Diversion Form.
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D. No building permit or demolition permit shall be issued for a covered project
unless the applicant has submitted a properly completed Waste Diversion Form to the
satisfaction of the Building Official.
E. In preparing the WDF, an applicant for a plan check 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 before placing in a landfill.
These salvaged materials shall be included as part of the overall diversion rate.
F. Acknowledgment of responsibility. The WDF shall be signed by both the
contractor and owner indicating: 1) an understanding of consequences of not meeting the
diversion requirement, and 2) that they are responsible for the actions of their subcontractors
with regard to this diversion requirement.
15.80.090 Waste Diversion Security Deposit requirements. Except as otherwise
provided for in this Chapter, the applicant shall pay a refundable deposit at the time of
submitting the building permit or demolition permit application. The amount of the deposit shall
be calculated based on the square footage and type of project, per the following table:
Project Type
New Construction
Deposit per square foot
Renovation, remodel or
demolition
$ .20
Solely roofing, not part
of another project
$ .35
Maximum Deposit Required
$ .10
$35,000
$35,000
$10, 000
J
15.80.100 Failure to meet diversion requirements. If the Building Official determines
that the applicant of a covered project has not made a good faith effort to achieve the required
percentage of diversion specified in the Waste Diversion Form, then the applicant's deposit shall
be forfeited to the City. The Building Official may authorize a partial refund, up to 75 % of the
deposit, where the applicant did not achieve the required percentage of diversion specified in
the Waste Diversion Form, but the Building Official determines that the applicant made a good
faith effort to comply and that the attainment of those requirements was not feasible under the
circumstances.
15.80.110 Entitlement to refund of deposit. An applicant of a covered project is
eligible for a refund of the deposit paid provided the applicant does all of the following:
A. Requests a refund within 30 days of the final inspection date for the covered
project for which the deposit was paid or requests a refund prior to final inspection when:
i. The project has a master developer and multiple commercial
and/or retail tenants constructing their own tenant improvements;
ii. The developer has achieved the diversion rates as set forth in
sections 15.80.050 and 15.80.060; and
iii. The developer has completed construction of the project, except
for the tenant improvements when the tenant improvements are
the sole responsibility of the commercial and/or retail tenant.
B. Provides evidence satisfactory to the Building Official that the construction and
demolition debris generated by the covered project was diverted at the rates set forth in
15.80.060. Such evidence shall include documentation of the following:
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1. Receipts from the vendor or facility which collected or received each
material showing the actual weight or volume of that material, or if the improvements are part of
a larger Construction project, evidence of cumulative weight or volume of C&D material dated
within thirty (30).calendar days of the date of the request for a certificate of occupancy or final
inspection;
2. For materials reused on site (e.g. crushed concrete for base material,
wood for mulch) photographs are encouraged;
3. A copy of the previously approved WDF for the project with the additional
information of the actual weight or volume of each material diverted and landfilled;
4. Any additional information the Applicant believes is relevant to
determining its efforts to comply in good faith.
C. The construction and demolition debris generated by the covered project was
diverted consistent with the applicant's Waste Diversion Form.
D. Weighing of materials. 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 by
measurement on scales. Such scales shall be in compliance with all regulatory requirements for
accuracy and measurement. For 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 Rate
Table approved by the City for this purpose.
15.80.120 Appeals. Appeals of a determination made by the Building Official or
designee shall be made to the City Manager or designee. The appeal shall be in writing and
sent to the City, postmarked within 10 calendar days from the post -marked date of the Building
Official's, or their designee's, decision regarding the applicant's failure to meet diversion
requirements. The appeal shall be limited to the following issues: (1) whether the applicant is
entitled to a refund pursuant to Section 15.80.090; (2) whether the applicant made a good faith
effort to comply with the required percentage of diversion specified in the Waste Diversion
Form; (3) in the case of a partial refund, the percentage of the deposit the Building Official
authorizes; and (4) whether the project is covered or exempt from this ordinance. The Building
Official, or designee, shall have the opportunity to provide a written response to the applicant's
appeal. Appeals shall be reviewed by an objective third party hearing officer. The decision of the
hearing officer shall be final.
15.80.130 Final inspection or Certificate of Occupancy requires proof of diversion
achieved. Prior to a certificate of occupancy, or a final inspection if a certificate of occupancy is
not required, Applicant shall provide at least one of the following as evidence of the diversion
rate Applicant achieved:
A. Receipts from the vendor or facility which collected or received each C&D debris
material showing the actual weight or volume of that material, or if the improvements are part of
a larger Construction project, evidence of cumulative weight or volume of C&D material dated
within thirty (30) calendar days of the date of the request for a certificate of occupancy or final
inspection;
B. For C&D debris materials reused on site (e.g. crushed concrete for base
material, wood for mulch) photographs are encouraged;
C. A copy of the previously approved WDF for the project with the additional
information of the actual weight or volume of each C&D debris material diverted and landfilled;
D. Any additional information the Applicant believes is relevant to determining its
diversion rate.
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15.80.140 Unclaimed and not refunded deposits and accrued interest. A deposit
which is not refunded or claimed in accordance with this Chapter is the property of the City. All
interest accruing on each deposit is the property of the City, and the applicant shall have no
claim upon the interest.
15.80.150 Use of deposits. Deposits received and interest accrued thereon by the
City shall be used for the following purposes:
A. The payment of refunds of deposits, as determined by the Building Official.
B. The payment of costs incurred in administering the City's Waste Diversion
Program, which costs are not covered by the administrative fee referenced herein in Section
15.80.160.
C. The development and implementation of additional policies and programs that
are approved by the City Council to promote diversion of construction and demolition debris
from landfill disposal and to encourage the salvage, reuse, and recycling of that waste.
D. The payment of costs to develop or improve infrastructure, including the costs of
programs designed to develop or improve infrastructure, to divert construction and demolition
debris from landfill disposal.
E. The cost of programs and activities whose purpose is to promote diversion and
recycling in the City.
15.80.160 Administrative fees for processing waste diversion forms and program.
An applicant shall pay to the City a fee sufficient to compensate the City for all costs incurred in
administering the Waste Diversion Program. The amount of the fee shall be determined in
accordance with the then current resolution of the City Council.
15.80.170 Severability. This chapter and the various parts thereof are declared to
be severable. Should any section of this chapter be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
PASSED and ADOPTED this 4th day of March, it 08
ATTEST:
Mic I R. Dalla, C Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
on Morrison, Mayor
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Passed and adopted by the Council of the City of National City, California, on March 4,
2008, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
N /�
City CI k of the City of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on February 19, 2008, and on March 4, 2008.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2008-2309 of the City Council of the City of National City, passed
and adopted by the Council of said City on March 4, 2008.
By:
City Clerk of the City of National City, California
Deputy