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CgOF001 CITY COUNCIL STAFF REPORT
DATE: February 7, 2018 NEW BUSINESS
SUBJECT: CONSIDERATION OF AN ORDINANCE RELATED TO THE RECYCLING
AND DIVERSION OF DEBRIS GENERATED FROM CONSTRUCTION
AND DEMOLITION PROJECTS
FROM: David H. Ready, City Manager
BY: Marcus L. Fuller, Assistant City Manager
SUMMARY
The Sustainability Commission collaborated with the Waste Reduction Committee and
staff to perform a review and recommendation to the City Council for consideration of a
proposed ordinance to regulate the diversion and recycling of waste generated through
construction and demolition (otherwise known as a "Construction and Demolition [C&D]
Ordinance." A C&D Ordinance would establish a formal regulatory framework to ensure
the specified percentage of C&D waste generated is recycled and diverted from landfill.
The process would require applicants for building permits generating C&D waste to
submit a C&D waste management plan demonstrating compliance with the specified
percentage waste diversion requirement, post financial security for ensuring such
compliance, and monitor and report upon completion on C&D recycling and diversion
compliance.
An alternative process is suggested whereby applicants could forego the need to submit
a C&D waste management plan and post security by utilizing the City's exclusive
franchise solid waste hauler (Palm Springs Disposal Services [PSDS]) who would
ensure all C&D waste generated by a project is diverted and recycled in accordance
with current laws.
RECOMMENDATION:
1. Provide direction to staff as appropriate; and
2. Establish a City Council Ad-Hoc Subcommittee specific to developing the final draft
Construction and Demolition Ordinance for a limited term expiring December 31,
2018.
ITEM NO. L�•
City Council Staff Report
February 7, 2018-- Page 2
Construction and Demolition Debris Ordinance
BACKGROUND:
The California Integrated Waste Management Act of 1989 (AB 939) required each city
to divert 50% of all solid waste from land disposal or transformation by January 1, 2000,
through source reduction, recycling, and composting activities. In 2010, this 50%
diversion requirement was incorporated into the California Green Buildings Standards
Code (CGBSC, informally known as "CALGreen"), which was effective January 1, 2011.
In the years since AB 939 first went into effect, requirements have increased steadily for
the proportion of total C&D waste generated by C&D activities that must be diverted
from land waste facilities to recycle facilities. On October 6, 2011, the State of California
adopted AB 341, which set a new goal that not less than 75% of solid waste generated
by municipalities be source reduced, recycled, or composted by the year 2020. The
2016 CGBSC requires that construction projects "recycle and/or salvage for reuse a
minimum of 65% of the nonhazardous construction and demolition waste." The 65%
requirement is very likely to be increased in the 2019 CGBSC to align its standards with
the AB 341 requirement for 75% diversion by 2020. Going even further, the Palm
Springs Sustainability Plan, approved by the City Council in 2016, seeks to "expand
programs to increase land waste diversion, recycling, and composting to recover 90% of
all waste generated by 2030."
C&D debris is waste material that is produced in the process of construction,
renovation, or demolition of structures. C&D debris is waste material that is produced in
the process of construction, renovation, or demolition of structures. Components of C&D
debris typically include: asphalt, concrete, brick, masonry, tile, doors, windows, fixtures,
carpet, cardboard, ceiling tiles, drywall, landscape debris, scrap metal, wood, and mixed
debris. C&D debris is the heaviest waste stream in the municipal solid waste disposal
process.
The regulations outlined in Section 4.408 (residential projects) and Section 5.408 (non-
residential projects) the CGBSC relating to C&D debris diversion and recycling consist
of the following requirements:
1. Submit a Construction Waste Management Plan that identifies: (i) C&D waste to be
diverted; (ii) sorting of C&D waste on-site or bulk mixed; (iii) diversion facilities where
waste is taken; and (iv) amount of C&D waste diverted
2. Utilize a waste management company to provide verifiable documentation of the
amount of C&D waste diverted, or alternatively, allows the owner or contractor to be
responsible for waste removal and documentation
3. Submit documentation demonstrating compliance
In response to these statewide regulations, many municipalities approved local C&D
Ordinances mandating the state's required diversion rate for C&D debris generated at
construction sites. As an example, the Indio City Council passed its C&D Ordinance in
2007, consisting largely of detailed specifications for policies and procedures that
applicants issued building permits were required to follow to ensure compliance with the
then stated 50% diversion regulation.
02
City Council Staff Report
February 7, 2018-- Page 3
Construction and Demolition Debris Ordinance
The Indio C&D Ordinance was taken from a Model Ordinance developed by the
California Department of Resources Recycling and Recovery (CalRecycle) which
includes the requirements from the CGBSC requiring the Construction Waste
Management Plan, disposal through an appropriate solid waste hauler or self-hauled
with appropriate documentation. However, the CalRecycle Model C&D Ordinance goes
a step further, and requires an applicant of a building permit to post a security deposit to
ensure compliance with the C&D debris diversion requirement which is returned upon
completion of the project and documentation evidencing the compliance.
In 2014, the City of Desert Hot Springs adopted its C&D Ordinance, similar to the Indio
C&D Ordinance, with an alternative process whereby applicants of building permits
generating C&D waste can utilize the Desert Hot Springs' exclusive solid waste hauler
(Desert Valley Disposal) for storage, sorting, removal and hauling of all C&D waste. In
this case, such applicants avoid the need to prepare a Construction Waste
Management Plan or post a security deposit to ensure compliance with the C&D debris
diversion requirement.
However, some municipalities relied on the CGBSC to regulate the requirements for
C&D debris diversion and recycling, choosing not to impose a security deposit
requirement on building permit applicants. Although Palm Springs has yet to adopt its
own C&D Ordinance (and relies on CGBSC for C&D waste diversion), the City's
Building Department established a Construction and Demolition Waste Management
Plan to enforce the CGBSC stated C&D debris recycling goal. A copy of the City's
Construction and Demolition Waste Management Plan documents required on projects
generating C&D waste is included as Attachment 1.
On July 3, 2013, the City Council awarded a 15-year franchise to Palm Springs Disposal
Services (PSDS) as the City's exclusive solid waste hauler, granting PSDS the
exclusive franchise, right and privilege to provide solid waste handling services at all
locations within the City. Palm Springs Municipal Code Section 6.04.180 regulates who
is authorized to provide solid waste hauling, and states:
No person shall transport or haul waste in, over or upon the streets, alleyways, or
other public rights-of-way of the city except as follows:
(1) Yard work such as clippings, branches, leaves and the like being transported
to a certified disposal site;
(2) Bulky items of other appropriate materials being transported to the site
selected for an approved municipal "Clean-Up Day,"or being transported to a
certified disposal site;
(3) Waste being transported by a hauler, pursuant to a franchise agreement
approved by the city council;
(4) Waste being transported pursuant to a license or approval granted by the city
manager.
03
City Council Staff Report
February 7, 2018 -- Page 4
Construction and Demolition Debris Ordinance
Nothing herein shall excuse any person from paying the appropriate service fees
and charges for mandatory service pursuant to Section 6.04.200.
Therefore, as the exclusive solid waste hauler, PSDS must be utilized by all property
owners, contractors, or other parties generating waste for disposal at landfills or
recycling centers with the exception of "self-haulers," or those that both generate the
waste (i.e. contractor), and haul the waste with their own equipment to an appropriate
landfill or recycling center.
STAFF ANALYSIS:
The City of Palm Springs has met and exceeded the 50% (and more recently increased
65%)' waste diversion and recycling goals established by the state and the CGBSC.
Implementing the C&D debris waste diversion through the 2016 CGBSC has satisfied
the City's legal requirements to date. However, now is the time to consider adopting the
CalRecycle Model C&D Ordinance to ensure the City can meet the upcoming C&D
debris waste diversion goal of 75%, and to ensure we capture all C&D debris waste that
may be disposed of at landfill despite the City's successful efforts over the last 30 years.
Based on statistics from PSDS, it appears some C&D waste is reaching the landfill. As
an example, from January 2014 through July 2017, PSDS hauled approximately
130,000 tons of waste from Palm Springs to the Edom Hill landfill transfer station.
During that same period, approximately 54,000 tons of waste was self-hauled to the
transfer station, and it is estimated that approximately 45,000 tons of it was generated
by haulers that have no account at the transfer station. As these "self-haulers" do not
have an account, it can be assumed that most of this waste includes C&D debris waste
(as it is the heaviest waste stream), all of which should be diverted to a recycling facility,
such as Desert Recycling.
The verification and enforcement of persons performing true "self-haul," requires
consistent monitoring and tracking of all contractors generating waste to confirm those
contractors own the equipment being used to store, sort, and haul the C&D waste on-
site for transfer to a disposal facility. The City's Construction and Demolition Waste
Management Plan that has been used to enforce the 2016 CGBSC requires the
owner/building or contractor to certify compliance with the required diversion. As
previously noted, although the City is meeting and exceeding the stated diversion goal,
there is an additional 54,000 tons of waste disposed of at the Edom Hill Landfill Transfer
Station by "self-haulers" that should be more carefully monitored.
The enhanced monitoring and verification can be accomplished through adoption of a
C&D Ordinance. The outline of a proposed C&D Ordinance for consideration has been
tailored for Palm Springs, with emphasis on minimizing impacts to the current permit
application process; education of homeowners, contractors, architects and developers;
establishing criteria for exceptions to the C&D Ordinance; establishing a mechanism for
1 PSDS reports the City's recent diversion rate is at 73%. 04
City Council Staff Report
February 7, 2018-- Page 5
Construction and Demolition Debris Ordinance
penalizing only the violators of the C&D Ordinance; alternatives; and reaching landfill
diversion goals.
The proposed C&D Ordinance would include or exceed the minimum requirements of
the CGBSC, and incorporate additional key components observed as essential in the
success of Desert Hot Springs' or Indio's C&D Ordinances. Based upon the study and
recommendations of the Sustainability Commission and to conform to State-mandated
requirements, the C&D Ordinance would include the following elements:
• Diversion Requirement— require that 75% of all C&D debris be diverted from landfill
disposal and recycled; and would provide for a higher diversion requirement as may
be required by the State in the future;
• Covered Projects — adopt CALGreen definitions of a covered project, as defined;
• Waste Diversion Plan — using industry standard conversion tables for the type,
scope and magnitude of the project, require a written plan specifying tonnage
diverted and tonnage disposed by type of material to be generated and specifying
the permitted facilities to be used for each material;
• Performance Guarantee (Security Deposit) — require a prepaid guarantee of
performance refundable based upon attainment of the diversion requirement;
➢ Desert Hot Springs currently requires a Security Deposit of 2% of building permit
valuation, or$3,000 minimum
➢ Indio does not require a Security Deposit
• Records & reporting — require periodic submittal of evidence of actual diversion and
a final report for the project at its conclusion prior to a final inspection/certificate of
occupancy;
• Performance Guarantee (Security Deposit) Refund — (1) provide for a refund of the
required performance guarantee for meeting or exceeding the diversion requirement;
(2) select between: (a) an all or nothing refund OR (b) a refund prorated between
'less than 50% diversion (0% refund) to 75% or greater diversion (100% refund);
• Preferred Hauler Option — as a convenience to permittees, waive the plan-
guarantee-reporting requirements of the C&D Ordinance if the permittee utilizes the
City's preferred hauler during the full term of the project for all construction and
demolition materials generated.
➢ The preferred hauler option reaffirms Palm Springs Municipal Code Section
6.4.234, unauthorized collectors, and incorporates the State required reporting
and diversion necessary to continue to meet and exceed the City's diversion
goals. 5
City Council Staff Report
February 7, 2018-- Page 6
Construction and Demolition Debris Ordinance
For Council's review, the CalRecycle Model C&D Ordinance is included as Attachment
2, and identifies areas where the local agency includes its preferences with regard to: (i)
exemptions, (ii) thresholds for Covered Projects, (iii) Security Deposit, (iv)
Fines/Penalties, and (v) appeals.
At its December 19, 2017, meeting the Sustainability Commission considered and
recommended for Council consideration a preliminary draft C&D Ordinance; the related
Commission staff report is included as Attachment 3.
The preliminary draft C&D Ordinance is included as Attachment 4. Staff notes that
there are additional provisions to the proposed C&D Ordinance that require further
review, including: (i) diversion requirement exceptions, (ii) the amount of the Security
Deposit (to be set by separate Resolution), (iii) forfeiture (refund) of all or a portion of
the Security Deposit dependent upon compliance with required diversion goal, (iv)
appeal procedure, (v) preferred hauler program, and (vi) public nuisance, violations, and
penalties.
In the event the Council prefers to proceed with development of the final C&D
Ordinance, staff recommends the Council delegate final review to a City Council Ad-Hoc
Subcommittee (to be established) and staff.
FISCAL IMPACT:
PSDS charges certain fees for its services to collect and dispose of solid waste
generated in the City. These solid waste service fees have been established by Council
through the franchise agreement with PSDS. Adoption of a new C&D Ordinance
implementing a "preferred hauler' program may increase costs to those owners/builders
or contractors that previously chose to self-haul their C&D waste to a landfill or recycling
center, as opposed to engaging with the City's exclusive solid waste hauler, PSDS.
Staff will further evaluate the cost implications associated with the C&D Ordinance to
determine recommendations for any modifications to the existing solid waste disposal
fees charged by PSDS, in consultation with the City Council Ad-Hoc Committee's
review of a final draft C&D Ordinance.
SUBMITTED:
Marcus Fuller, MPA, P.E., P.L.S. David H. Ready, Esq.,
Assistant City Manager City Manager
Attachment(s):
1. Construction and Demolition Waste Management Plan
2. CalRecycle Model C&D Ordinance
3. November 26, 2017, Sustainability Commission staff report
4. Preliminary Draft C&D Ordinance 06
Attachment 1
07
Building and Code Enforcement
Policy
Bulletin: GP-13-002
Date: April 2, 2013
By: Jim Zicaro, Director Building and Code
Subject: Construction Waste Management
PURPOSE
The purpose of this policy is to provide a process for managing the reporting of
construction waste recycling and material salvaging for projects regulated through the
California Green Building Standards Code.
BACKGROUND
The California Integrated Waste Management Act of 1989 (AB939) mandated local
jurisdictions to meet solid waste diversion goals of 25 percent by 1995 and 50 percent
by 2000. Sections 4.408.1 and 5.408.1 of the 2010 California Green Building Standards
Code require a Construction waste management plan. Newly constructed commercial and
residential projects must recycle and/or salvage for reuse a minimum of 50 percent of the
nonhazardous construction waste. The Plan must include the following information:
1. Identifies the construction waste materials to be diverted from disposal by
efficient usage, recycling, reuse on the project or salvage for future use or
sale.
2. Determines if construction waste materials will be sorted on-site (source-
separated) or bulk mixed (single stream).
3. Identifies diversion facilities where construction waste material collected will be
taken.
4. Specifies that the amount of construction waste materials diverted shall be
calculated by weight or volume, but not by both.
POLICY
Pagel of 2 Q
GP-12-002 Construction Waste Management
It is the policy of the Building and Code Enforcement Department that demolition
projects and projects for newly constructed residential and commercial projects
as well as commercial tenant improvement projects comply with the following
process for determining compliance with the construction waste provisions of the
California Building Code.
PROCESS
Prior to issuance of a permit for work which is within the scope of the California
Green Building Standard Code, or is a demolition project, the applicant shall
complete and sign a Certificate of Implementation for their Construction and
Demolition Waste Management Plan.
Periodically, when performing scheduled inspections, Inspectors shall verify if the
method for recycling being utilized matches what was specified on the Certificate
of Implementation. Waste materials will be sorted on-site (individual containers) or
bulk mixed (single container and sorted off site). Deviations of the Plan must be
recorded and will require a new Certificate of Implementation.
Prior to the Certificate of Occupancy being issued, the contractor or owner shall submit
a completed and signed Waste Management Worksheet.
Copies of both the Certified Implementation and the Construction Waste Management
Worksheet shall be scanned and attached to the permit.
EFFECTIVE DATE
Projects with permit applications submitted on or after June 1, 2013 shall be subject to
the requirements of this policy.
Page 2 of 2 09
GP-12-002 Construction Waste Management
Gf IAIM J
V r
City of Palm Springs
Construction and Demolition Waste Management Plan
Pursuant to the scoping requirements of the California Green Building Standards Code, Newly
Constructed Residential and Commercial Projects are required to comply with the construction
and waste management provision of that Code. Furthermore, a waste management plan must
be utilized for all demolition projects (hazardous materials are exempt and are subject to other
regulations). Therefore, newly constructed projects and first time tenant improvement projects
are considered "Covered Projects".
Before Issuance of a Covered Proiect's Permit
• Read, sign and submit a Certificate of Implementation, Construction and Demolition
Waste Management Plan.
• Permits for Covered Projects will not be issued until a completed Certificate of
Implementation is accepted and approved by the Palm Springs Building and Code
Enforcement Department.
After Issuance of a Covered Proiect's Permit
• The permit holder will be responsible for insuring that a minimum of 65% of the
construction waste and debris is being recycled or salvaged.
• The permit holder shall maintain all records for the plan and shall maintain all weight
tickets for hauled waste materials.
• The site, dumpsters and other waste containers will be monitored by representatives of
the City to insure compliance. Records, including weight tickets are subject to review.
• Failure to comply with the provisions of the Construction and Demolition Plan as outlined
in the California Green Building Standards Code will subject you to citations and other
punitive action.
Prior to Issuance of a Certificate of Occupancy
• Provide a completed Construction Waste Management Worksheet to the Palm Springs
Department of Building and Code Enforcement at the time of Final Inspection.
For Additional Information Contact:
The City of Palm Springs
Department of Building and Code Enforcement
(760)323-8242
10
Construction Waste Management Worksheet
Building Permit# Project Address:
Column A: List actual quantities of waste for each material type in tons.
Columns B,C,D: List actual quantities reused, recycled, or disposed.
Column E: State the name of all vendors or facilities used to reuse, recycle or dispose of materials listed
Column Totals: Add u al!_quantities listed in each column.
Material handling methods - List quantities (in tons only) for each material listed.
A B c D E
Total Tons Salvaged Recycling Disposal Actual Destination(s)
Material Type Generated or (R) Recycled
Reused (D) Disposal
Example: (R) Palm Springs Recycle
Cardboard 2 1.5 0.5 D Palm Springs Disposal
Asphalt&Concrete
Brick,Masonry,Tile
Building Materials
(doors,windows,fixtures)
Carpet, Pad, Foam
Cardboard
Ceiling Tile (acoustic)
Drywall
Landscape Debris
(plants,trees, stumps)
Scrap Metal
Wood
Garbage/Trash
Other,
Mixed Debris
Column Totals
( 8 + C _ A = x 100 = %. (Must be>_ Il
Print Name: Signature: Date:
se
i F
UC "".*
1
Certificate of Implementation
Construction and Demolition Waste Management Plan
The 2016 California Green Building Standards Code sections 4.408.1 and 5.408.1 and AB 939
requires that a minimum of 65 percent of the nonhazardous construction waste is either
recycled or salvaged for reuse.
r
Address Owner I Contractor Name
Type of Proiect
❑ New Construction O Demolition ❑ Tenant Improvement
�❑ Other
Recycling Method
❑ Separated on Site (Multiple Containers) ❑ Mixed (Separated remotely)
Note: Trip and weight tickets are required to verify prior to C.O. Issuance. Palm Springs
has a contract with Palm Sprinas Disposal. You must use their containers. If you se
haul, it must be your own personal vehicles and containers.
This is to certify that a Construction and Demolition Waste Management Program for the above
reverenced address will be implemented to divert a minimum of 65% of the construction debris
for salvage or recycling, and that a Construction and Waste Management Worksheet (detailing
how the diversion was met) shall be submitted to the City of Palm Springs Department of
Building and Code Enforcement upon project completion, prior to obtaining a Certificate of
Occupancy.
I declare that I have read and understand these requirements and that the foregoing is true and
correct.
Signature Printed Name Date
12
Attachment 2
13
State of California CalRecycle
Last Updated on 4/2012
CalRecycle
Model Construction and Demolition Diversion
Ordinance
N OTE:
I l IIS DOCUMENT DOES NOT REFLECT CURRENT CALGREEN REQUIREMENTS.
Fo use the form online,you may fill in the blanks.Please use the Tab key to advance to the
next Tillable blank.To modify the text of the form,unprotect the form by clicking on the
tools menu bar and choosing the unprotect option.You may then change text,remove
instructions,or add rows to tables.If you have the Forms tool bar active,you can also click
on the"Protect Form"icon on the forms tool bar.
U you have any questions,please contact your Local Assistance representative at
(916) 341-6199.
ORDINANCE NO. (Insert ordinance number)
ORDINANCE OF THE CITY/COUNTY OF (Insertjurisdietion name)
AMENDING THE . (Insert jurisdiction name) MUNICIPAL CODE, ADDING
CHAPTER Insert chapter number) RELATING TO RECYCLING AND
DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE
The Governing Body of the City/County of (insert jurisdiction name) does
hereby enact as follows:
Chapter (insert chapter number) [Recycling and Diversion of Construction and
Demolition Waste] is hereby added to Title [_] (insert title number) of the
City/County of 's(insert jurisdiction name) Municipal Code to read as follows:
Chapter : (insert chapter number) Recycling and Diversion of
Construction and Demolition (C&D) Waste
Section .01. : (insert section number) Findings and Statement of Intent
Section .02. : (insert section number) Definitions
Section .03. : (insert section number) CALGreen Requirements
Section .04. : (insert section number) Diversion Requirement
Section .05. : (insert section number) Diversion Requirement Exemption
Section .06. : (insert section number) Thresholds for Covered Projects
Section .07. : (insert section number) Waste Management Plan
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State of California CalRecvcic
Last Updated on 4/2012
Section .08. : (insert section number) Deposit Required
Section .09. : (insert section number) On-Site Practices
Section 10. : (insert section number) Reporting
Section 11. : (insert section number) Fines/Penalties
Section .12. : (insert section number) Appeals
Section .13. : (insert section number) Option to Revise
Section .14. : (insert section number) Severability
Section .01. : Findines and Statement of Intent
RESOLVED,by the Governing Body of the City/County of , (insert jurisdiction
name) California, that:
WHEREAS,under California law as embodied in the California Waste Management Act
of 1989 (California Public Resources Code Sections 40000 et seq.), the City/County of
(insert jurisdiction name) is required to prepare, adopt and implement source
reduction and recycling plans to reach landfill diversion goals, and is required to make
substantial reductions in the volume of waste materials going to the landfills, or face fines
up to $10,000 per day;
WHEREAS, in order to meet these goals it is necessary that the City/County promote the
reduction of solid waste, and reduces the stream of solid waste going to landfills; and
WHEREAS,waste from construction, demolition, and renovation of buildings represents
a significant portion of the volume of waste presently coming from the City/County of
(insert jurisdiction name) and much of this waste is particularly suitable for
recycling and reuse;
WHEREAS,the City's/County's commitment to the reduction of waste requires the
establishment of programs for recycling and salvaging of construction and demolition
(C&D) waste;
WHEREAS, certain types of projects are exempt from these requirements;
NOW,THEREFORE, THE Governing Body OF THE CITY/COUNTY OF ,
(insert jurisdiction name) CALIFORNIA,ORDAINS THAT:
Chapter (insert chapter number) is added to the (insert jurisdiction name)
Municipal Code.
_5
State of California CalRecycle
Last Updated on 4/2012
Section .02.: Definitions
(Note to jurisdictions: It is suggested jurisdictions include a list of definitions in the
ordinance,for example, covered projects, exemptprojects, and types of activities that
qualms as diversion. Examples of applicable definitions can be viewed in the
Construction and Demolition (C&D) Guide. CalRecycle's Construction and Demolition
and Inert Debris Transfer/Processing gRe Regulatory Requirements also contain applicable
definitions that may be used.)
Section .03.: CALGreen Requirements
Note to jurisdictions: Effective Jan. 1, 2011, the 2010 California Green Building
Standards Code (CALGreen) requires newly constructed buildings to divert from landfills
at least 50 percent of the construction materials generated during the project(CALGreen
Sections 4.408 and 5.408). Starting July 1, 2012, certain additions and alterations to
non-residential buildings or structures shall also recycle and/or salvage for reuse a
minimum 50 percent of the nonhazardous construction and demolition debris (CALGreen
Section 5.713). For more information, see Sections 4.408, 5.408 and 5.713 of CALGreen
and visit CalRecycle's C&D FAQ page.
Section .04.: Diversion Requirement
It is required that at least (insert waste diversion goal here) of waste tonnage from
demolition or existing construction such as addition, alteration, or repair projects
(existing construction) shall be diverted from disposal. (Note to jurisdictions: it is
encouraged that the goal be at least 50 to 75 percent, but the goal needs to reflect the
jurisdiction's conditions. Also, some jurisdictions set separate goals for demolition
projects than for construction projects, or individual diversion goals for each material
type, some of which could be higher than 75 percent, e.g.,for concrete/asphalt. In
addition,jurisdictions should be aware that clean inerts disposed in engineered fills are
not counted as disposal or diversion in the CalRecycle's CDI regulations[PRC Section
41821.3 (h)].
Section .05.: Diversion Requirement Exemption
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 or she submits the Waste Management Plan required under
Section .07. (Waste Management Plan) of this Ordinance.
b. Meeting with Compliance Official: The WMP Compliance Official shall review
the information supplied by the Applicant and may meet with the Applicant to
discuss feasible ways of meeting the diversion requirement. Upon request of the
jurisdiction,the WMP Compliance Official may request that staff from
(insert agency name) attend this meeting or may require the Applicant to request a
separate meeting with this agency. (Note to jurisdictions: this will be a local
agency that provides waste diversion assistance.)Based on the information
16
State of California CalRecycle
Last Updated on 4/2012
supplied by the Applicant and, if applicable, the (insert agency name)
agency listed above, the WMP Compliance Official shall determine whether it is
feasible 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 requirements, he or 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 (insert number of days) days to resubmit another
WMP, which is in compliance with the new diversion requirement. If the
Applicant fails to resubmit, or if the resubmitted WMP does not comply with
Section .07 (Waste Management Plan), the WMP Compliance Official shall
disapprove the WMP in accordance with Section .07 (Waste Management
Plan).
Section .06.: Thresholds for Covered Proiects
(Note to jurisdictions: Consider options one through three. In addition to the options
presented, many other variations are included in the sample ordinances on the
CalRecycle website. For example, some jurisdictions include multi family structures only
over a certain number of units)
Option One (Threshold Based on Proiect Cost)
A. Covered Projects(Existing Construction): All existing construction projects within
the City/County, the total costs of which are projected to be greater than or equal to
$ , (insert threshold dollar amount) shall comply with Chapter , shall
submit a Waste Management Plan prior to beginning any construction activities, and
shall be subject to the provisions of this Chapter. (For ordinances including Fines or
Penalties, insert the following text) Failure to comply with any of the terms of
Chapter shall subject the Project Applicant to the full range of enforcement
mechanisms set forth in Section 10 (Fines/Penalties)below.
B. Covered Projects(Demolition): All demolition projects within the City/County, the
total costs of which are projected to be greater than or equal to $ , (insert
threshold dollar amount) shall comply with Chapter , shall submit a Waste
Management Plan prior to beginning any demolition activities, and shall be subject to
the provisions of this Chapter. (For ordinances including Fines or Penalties, insert
the following text) Failure to comply with any of the terms of Chapter shall
subject the Project Applicant to the full range of enforcement mechanisms set forth in
Section 10(Fines/Penalties)below.
C. Non-Covered Projects (Existing Construction): Applicants for existing construction
projects within the City/County whose total costs are less than$ (insert
threshold dollar amount) are not required,but shall be encouraged, to divert at least
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State of California CalRecycle
Last Updated on 4/2012
(insert diversion requirement percentage) of all project-related construction
and demolition waste.
D. Non-Covered Projects(Demolition): Applicants for demolition projects within the
City/County whose total costs are less than$ (insert threshold dollar amount)
are not required,but shall be encouraged, to divert at least (insert diversion
requirement percentage) of all project-related demolition waste.
E. City/County-sponsored Projects(Existing Construction): All City/County-sponsored
construction projects whose total costs are equal or greater than$ , (insert
threshold dollar amount) shall be considered "covered projects" for the purposes of
this Chapter, shall submit a Waste Management Plan prior to beginning any
construction or demolition activities, and shall be subject to the provisions of this
Chapter. City/County sponsored projects whose total costs are less than$
(insert threshold dollar amount) shall be considered non-covered projects and are not
required,but shall be encouraged, to divert at least (insert diversion
requirement percentage) of all project-related construction and demolition waste.
F. City/County-sponsored Projects (Demolition): All City/County-sponsored demolition
projects whose total costs are equal or greater than$ , (insert threshold dollar
amount) shall be considered "covered projects" for the purposes of this Chapter, shall
submit a Waste Management Plan prior to beginning any demolition activities, and
shall be subject to the provisions of this Chapter. City/County sponsored projects
whose total costs are less than$ (insert threshold dollar amount) shall be
considered non-covered projects and are not required,but shall be encouraged, to
divert at least (insert diversion requirement percentage) of all project-related
demolition waste.
G. Deconstruction/Recovery Interval for Covered Demolition Projects -Optional(use in
conjunction with covered demolition projects language B or F): 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. In order to provide sufficient time for deconstruction, salvage, and
recovery, no demolition may take place until a period of (insert number of
working days) 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
.04(Diversion Requirement). 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.
H. Compliance with this Chapter shall be listed as a condition of approval on any
existing construction or demolition permit issued for a covered project.
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Option Two (Threshold Based on square footage)
A. Covered Projects(Existing Construction): All existing construction projects within
the City/County that are (insert threshold size) square feet or greater shall
comply with Chapter , shall submit a Waste Management Plan prior to
beginning any construction activities, and shall be subject to the provisions of this
Chapter. (For ordinances including Fines or Penalties, insert the following text)
Failure to comply with any of the terms of Chapter shall subject the Project
Applicant to the full range of enforcement mechanisms set forth in Section .11
(Fines/Penalties) below.
B. Covered Projects(Demolition): All demolition projects within the City/County that
are (insert threshold size) square feet or greater shall comply with
shall submit a Waste Management Plan prior to beginning any demolition
activities, and shall be subject to the provisions of this Chapter. (For ordinances
including Fines or Penalties, insert the following text) Failure to comply with any of
the terns of Chapter shall subject the Project Applicant to the full range of
enforcement mechanisms set forth in Section .11 (Fines/Penalties)below.
C. Non-Covered Projects (Existing Construction): Applicants for existing construction
projects within the City/County whose projects are (insert threshold size)
square feet or less are not required, but shall be encouraged, to divert at least
(insert diversion requirement percentage) of all project-related construction and
demolition waste.
D. Non-Covered Projects (Demolition): Applicants for demolition projects within the
City/County whose projects are (insert threshold size) square feet or less are
not required,but shall be encouraged, to divert at least (insert diversion
requirement percentage) of all project-related demolition waste.
E. City/County-sponsored Projects (Existing Construction): All City/County-sponsored
construction projects that are (insert threshold size) square feet or greater, shall
be considered "covered projects" for the purposes of this Chapter, shall submit a
Waste Management Plan prior to beginning any construction activities, and shall be
subjected to the provisions of this Chapter. City/County sponsored construction
projects that are less than (insert threshold size) shall be considered non-
covered projects and are not required,but shall be encouraged, to divert at least
(insert diversion requirement percentage) of all project-related construction waste.
F. City/County-sponsored Projects (Demolition): All City/County-sponsored demolition
projects that are (insert threshold size) square feet or greater, shall be
considered "covered projects" for the purposes of this Chapter, shall submit a Waste
Management Plan prior to beginning any demolition activities, and shall be subjected
to the provisions of this Chapter. City/County sponsored demolition projects that are
less than (insert threshold size) shall be considered non-covered projects and
are not required,but shall be encouraged, to divert at least (insert diversion
requirement percentage) of all project-related demolition waste.
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G. Deconstruction/Recovery Interval for Covered Demolition Projects: Optional (use in
conjunction with covered demolition projects language B or F): 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. In order to provide sufficient time for deconstruction, salvage, and
recovery, no demolition may take place until a period of (insert number of
working days) 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
.04(Diversion Requirement). 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.
H. Compliance with this Chapter shall be listed as a condition of approval on any
building or demolition permit issued for a covered project.
Option Three (Progressive Threshold): (Note to jurisdictions: In this approach, a
jurisdiction can choose to establish a threshold in phases, by first targeting specific types
and sizes of projects to be subject to the ordinance, in order to stimulate markets for the
recovered materials and divert materials from projects that generate the most waste.
Then, once markets have been established, the types or sizes of projects covered by the
ordinance can be expanded. For example, a jurisdiction may choose to first target only
large projects to allow C&D markets time to develop, and then expand the types of
projects subject to the ordinance to include smaller projects by gradually decreasing the
minimum square footage threshold or dollar amount threshold for complying with the
ordinance.)
A. Covered Projects (Existing Construction): The (insert time frame) the
ordinance is in effect, all existing construction projects within the City/County that
are (insert threshold amount here) shall be considered covered projects, shall
comply with Chapter , shall submit a Waste Management Plan prior to
beginning any construction or demolition activities, and shall be subject to the
provisions of this Chapter. (For ordinances including Fines or Penalties, insert the
following text) Failure to comply with any of the terms of this Chapter shall subject
the Project Applicant to the full range of enforcement mechanisms set forth in Section
.I 1 (Fines/Penalties),below.
B. Covered Projects (Existing Construction): The (insert time frame) the
ordinance is in effect, all existing construction projects within the City/County that
are (insert threshold amount here) shall be considered covered projects, shall
comply with Chapter , shall submit a Waste Management Plan prior to
beginning any construction or demolition activities, and shall be subject to the
provisions of this Chapter. (For ordinances including Fines or Penalties, insert the
following text) Failure to comply with any of the terms of this Chapter shall subject
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the Project Applicant to the full range of enforcement mechanisms set forth in Section
.I I (Fines/Penalties),below.
C. Covered Projects(Existing Construction): The (insert time frame) the
ordinance is in effect, all existing construction projects within the City/County that
are (insert threshold amount here) shall be considered covered projects, shall
comply with Chapter , shall submit a Waste Management Plan prior to
beginning any construction or demolition activities, and shall be subject to the
provisions of this Chapter. (For ordinances including Fines or Penalties, insert the
following text) Failure to comply with any of the terms of this Chapter shall subject
the Project Applicant to the full range of enforcement mechanisms set forth in Section
.11 (Fines/Penalties),below.
D. Covered Projects (Existing Construction): The (insert time frame) the
ordinance is in effect, all existing construction projects within the City/County that
are (insert lowest final threshold amount here) shall be considered covered
projects, shall comply with Chapter , shall submit a Waste Management Plan
prior to beginning any construction or demolition activities, and shall be subject to the
provisions of this Chapter. (For ordinances including Fines or Penalties, insert the
following text) Failure to comply with any of the terms of this Chapter shall subject
the Project Applicant to the full range of enforcement mechanisms set forth in Section
.I I (Fines/Penalties),below.
E. Covered Projects (Demolition): The (insert time frame) the ordinance is in
effect, all demolition projects within the City/County that are (insert threshold
amount here) shall be considered covered projects, shall comply with Chapter
shall submit a Waste Management Plan prior to beginning any demolition activities,
and shall be subject to the provisions of this Chapter. (For ordinances including Fines
or Penalties, insert the following text) Failure to comply with any of the terms of this
Chapter shall subject the Project Applicant to the full range of enforcement
mechanisms set forth in Section 11 (Fines/Penalties), below.
F. Covered Projects (Demolition): The (insert time frame) the ordinance is in
effect, all demolition projects within the City/County that are (insert threshold
amount here) shall be considered covered projects, shall comply with Chapter ,
shall submit a Waste Management Plan prior to beginning any demolition activities,
and shall be subject to the provisions of this Chapter. (For ordinances including Fines
or Penalties, insert the following text) Failure to comply with any of the terns of this
Chapter shall subject the Project Applicant to the full range of enforcement
mechanisms set forth in Section 11 (Fines/Penalties), below.
G. Covered Projects(Demolition): The (insert time frame) the ordinance is in
effect, all demolition projects within the City/County that are (insert threshold
amount here) shall be considered covered projects, shall comply with Chapter ,
shall submit a Waste Management Plan prior to beginning any demolition activities,
and shall be subject to the provisions of this Chapter. (For ordinances including Fines
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or Penalties, insert the following text) Failure to comply with any of the terms of this
Chapter shall subject the Project Applicant to the full range of enforcement
mechanisms set forth in Section 11 (Fines/Penalties),below.
H. Covered Projects (Demolition): The (insert time frame) the ordinance is in
effect, all demolition projects within the City/County that are (insert lowest
final threshold amount here) shall be considered covered projects, shall comply with
Chapter , shall submit a Waste Management Plan prior to beginning any
demolition activities, and shall be subject to the provisions of this Chapter. (For
ordinances including Fines or Penalties, insert the following text) Failure to comply
with any of the terms of this Chapter shall subject the Project Applicant to the full
range of enforcement mechanisms set forth in Section .11 (Fines/Penalties),
below.
I. Deconstruction/Recovery Interval for Covered Demolition Projects: Optional(use in
conjunction with covered demolition projects language E, F, G &H): 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. In order to provide sufficient time for deconstruction, salvage, and
recovery, no demolition may take place until a period of (insert number of
working days) 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
.04(Diversion Requirement). 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.
J. Compliance with this Chapter shall be listed as a condition of approval on any
building or demolition permit issued for a covered project.
Exemptions:
A diversion deposit and a Waste Management Plan shall not be required for the following
(select from the following samples and/or include your own):
1. Work for which a building or demolition permit is not required;
2. Residential alterations of less than $ (insert dollar amount) in value;
3. Non-residential alterations of less than $ (insert dollar amount) in value;
4. Roofmg projects that do not include tear-off of existing roof;
5. Work for which only a plumbing, only an electrical, or only a mechanical permit
is required;
6. Seismic tie-down projects;
7. Projects where no structural building modifications are required; and
8. Emergency demolition required to protect the public health and safety.
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While not required, it shall be encouraged, that at least (insert diversion
requirement percentage) of all project-related existing construction and demolition waste
from Exempt projects be diverted.
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Section .07.: Waste Manaaement Plan
Prior to starting the project, 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 the following:
A. The estimated volume or weight of project waste to be generated by material
type;
B. Determine if materials will be sorted on-site or mixed;
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;
D. The vendor(s) that the Applicant proposes to use to haul the materials;
E. Facility(s) the materials will be hauled to, and their expected diversion rates
(by volume or weight) by material type; and
F. Estimated volume or weight of construction and demolition waste that will be
disposed.
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/County of (insert
jurisdiction name) 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 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.
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 emergency demolition is required
to protect public health or safety. The WMP Compliance Official shall only
approve a WMP if he or she determines that all of the following conditions have
been met:
i. The WMP provides all of the information set forth in this section.
ii. The WMP indicates that (insert required diversion goal)
percent of all construction and demolition waste generated by the
project shall be diverted(or new diversion goal set in accordance
with the Applicant's approved Diversion Exemption request); and
iii. The Applicant has submitted an appropriate Deposit for the project
(If a deposit is required by the ordinance).
b. Non-Approval: If the WMP Compliance Official determines that the WMP is
incomplete or fails to indicate that at least (insert required diversion goal)
percent(or new diversion goal 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:
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i. Return the WMP to the Applicant marked "Disapproved,"
including a statement of reasons, and will notify the building
department, which shall then immediately stop processing the
building or demolition permit application, or
ii. Return the WMP to the Applicant marked "Further Explanation
Required."
Section .08.: Deposit Required
(Note to jurisdictions: Some jurisdictions base the deposit amount on project type, e.g.,
new construction, demolition, or renovation. In deciding whether to utilize a deposit as
part of your ordinance, be aware that general law cities and counties may have some
limitations on their use of this enforcement mechanism. You should check with your city
attorney's office or county counsel's office before making any decisions on how to
proceed.)
As a condition precedent to the issuance of any permit for construction or demolition
for a covered project, the Applicant shall post a deposit(cash, letter of credit,
performance or surety bond, money order) in the amount of$ (insert deposit
amount) for each estimated (insert applicable standard of measurement; e.g.,
ton of waste, square footage,project cost,fixed amount, etc.) waste,but not less than
(insert minimum deposit amount). The deposit shall be returned, without
interest, in total or pro-rated, upon proof of satisfaction by the WMP Compliance
Official that no less than the required percentage of construction and demolition
waste tonnage generated by the covered project has been diverted from disposal and
has been recycled or reused or stored for later reuse or recycling. If a lesser
percentage of construction and demolition waste tonnage than required is diverted, a
proportionate share of the deposit shall be returned. The deposit shall be forfeited
entirely or to the pro-rated extent that there is a failure to comply with the
requirements of this chapter. The City/County may, by formal resolution,modify the
amount of the required deposit.
Section .09. : On-site Practices
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/County 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.
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Section .10. : Regortins
Within (insert number of days) days following the completion of the demolition
phase of a covered project, and again within (insert number of days) 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 project, submit documentation to the WMP Compliance
Official that proves compliance with the requirements of Sections .07 (Waste
Management Plan) and .04(Diversion Requirement). 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/County 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 .08 (Deposit Required) shall be forfeited if the
Applicant does not meet the timely reporting requirements of this section
Section .11.: Fines/Penalties
(Note to jurisdictions: Some jurisdictions have adopted C&D ordinances that do not
include mechanisms for f nes or penalties. Others have initially implemented an
ordinance without the use of fines or penalties and then added them after a specified time
period, or added them when it was determined that compliance with the ordinance could
be more effective with fines or penalties used as an enforcement mechanism. General
law cities and counties need to consult Government Code sections 25132 and 36901, as
well as their respective legal counsel,prior to determining the dollar amounts to use in
this section)
Option One. Fines According to Degrees oflnfraction
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
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City/County 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 $ (insert dollar amount) for the first
violation, a fine not to exceed $ (insert dollar amount) for the second
violation within (insert time frame), a fine not to exceed$ for
each additional violation within (insert time frame). 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 (insert time frame) days. The City/County shall recover costs
and attorneys' fees incurred in connection with enforcement of this Chapter.
B. Enforcement pursuant to this section shall be undertaken by the City/County
through its _ (insert compliance official) and the City/County Attorney.
Option Two-Misdemeanor Violation
Each violation of the provisions of this Chapter shall constitute a misdemeanor, and shall
be punishable by imprisonment in the County jail for a time period not to exceed
(insert time frame) months, or by fine not exceeding , (insert fine amount) or by
both such fine and imprisonment. Each day that a violation continues shall be deemed a
new and separate offense.
Section .12.: Appeals
(Note to Jurisdictions: Cities/Counties may want to provide for appeals of any
determinations made under this Article pursuant to their existing procedures and those of
the department responsible for making WMP determinations. Determinations subject to
appeal would include, but not necessarily be limited to: (1) the granting or denial of an
exemption; (2) whether the applicant has acted in good faith; and(3) the amount of
deposit to be released.)
Section .13.: Option to Revise
Beginning , (insert date) the City/County will evaluate the Recycling and Diversion
of Construction and Demolition Waste Ordinance to determine its effectiveness in
reducing the amount of construction and demolition waste disposed. In this
determination, the City/County 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/County determines the construction and demolition disposed had the potential
for diversion, then the City/County may amend these provisions and implement the
necessary measures to divert more construction and demolition waste.
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Section .14.: Severability
If any section, subsection, subdivision,paragraph, sentence, clause,or phrase of this
ordinance, 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 ordinance or any part thereof.
The City/County Governing Body hereby declare that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance
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 Ordinance are declared severable.
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1. This ordinance is hereby PASSED and ADOPTED by the Governing Body of the
City/County of (insert jurisdiction name) at a regular meeting on the
(insert day) day of , (insert month) 200 (insert year).
Mayor/Chair, Board of Supervisors
City/County Clerk
...............................................................................................
ORDINANCE CERTIFICATION
2. STATE OF CALIFORNIA
COUNTY OF (insert County name)
CITY OF (insert jurisdiction name)
ORDINANCE NO. (insert ordinance number)
...............................................................................................
3. I, , (insert clerk's name) City/County Clerk of the City/County of (insert
jurisdiction name) do hereby certify that the foregoing ordinance was introduced at a
regular meeting of the Governing Body held on the (insert day) day of
200 (insert year) and adopted thereafter at a regular meeting of the Governing
Body held on the (insert day) day of 200 (insert year)by the following
vote:
Ayes:
Noes:
Abstained:
Absent:
City/County Clerk
Published: (insert date)
(insert date)
.29
Attachment 3
30
PNLMSb
iy
V N
I Ai EO
°'gOFOR WASTE REDUCTION
COMMITTEE REPORT
TO: Members of the Sustainability Commission
FROM: Sustainability Commission Waste Reduction Committee
SUBJECT: Proposed Construction and Demolition Waste Management Ordinance for
the City Of Palm Springs
DATE: November 26, 2017
SUMMARY
This report is presented to the Sustainability Commission in advance of a vote for the Waste
Reduction Committee to recommend a construction and demolition (C&D) waste management
ordinance for consideration by the Palm Springs City Council. The ordinance will mandate an
increasing proportion of C&D waste from construction projects in the City of Palm Springs be
diverted to recycling facilities, and provide a description of the standards, procedures, and
requirements for developers to follow and for the City to track compliance with the Ordinance.
BACKGROUND
California's landfill sites are filling up. Current estimates are that the landfill site that accepts
waste from the City of Palm Springs will reach capacity in twelve years. By weight, C&D waste
is a large contributor to the waste that is hauled to state landfill facilities. Thus, efforts to divert
C&D waste from landfill sites to approved recycling facilities have been a priority of both local
municipalities and the State of California for several decades.
The California Integrated Waste Management Act of 1989 (AB 939) required each city to divert
50% of all solid waste from land disposal or transformation by January 1, 2000, through source
reduction, recycling, and composting activities. This 50% diversion requirement was echoed in
an early version of the California Green Buildings Standards Code (CGBSC, informally known
as "CalGreen"). Partly in response to these statewide regulations, many municipalities approved
local ordinances mandating a 50% diversion rate for C&D waste away from landfill sites and
toward recycling facilities. For example, the Indio City Council passed Ordinance 1501
unanimously in 2007, consisting largely of detailed specifications for policies and procedures
that local developers were required to follow in order to ensure compliance with the 50%
diversion regulation. The ordinance required an up-front C&D waste plan, which includes the
estimated volume or weight of C&D waste that will be disposed and the estimated weight of
such materials that can be feasibly diverted via recycling or reuse, by material type. An up-front
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Waste Reduction Committee Report on C&D Waste Management
November 26, 2017- Page 2
performance security deposit was required, a percentage of which would be returned, up to
100%, depending on how well the plan is met.
The Palm Springs City Council was presented with an ordinance virtually identical to Indio's
Ordinance 1501 in 2009. The Council opted not to pass the ordinance because of the recession
at that time and the negative impact it would have on development and construction activities. In
2012, citing both AB 939 and the CGBSC, the City of Palm Springs did adopt a municipal
Construction and Demolition Waste Management Plan that required a minimum of 50% of
nonhazardous construction and demolition waste be recycled or salvaged. The plan required
that a Certificate of Implementation be obtained prior to the issuance of a permit for construction
projects. The plan was revised in 2016 to require a minimum of 65% of nonhazardous
construction and demolition waste be recycled or salvaged. However, the plan lacks
enforcement and incentive mechanisms.
In the years since AB 939 first went into effect, requirements have increased steadily for the
proportion of total C&D waste generated by C&D activities that must be diverted from land
waste facilities to recycle facilities. On October 6, 2011, the State of California adopted AB 341,
which set a new goal that not less than 75% of solid waste generated by municipalities be
source reduced, recycled, or composted by the year 2020. Section 45.401.8 of the most recent
version of the CGBSC, issued in 2016, mandates that construction projects "recycle and/or
salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition
waste". The 65% requirement is very likely to be increased in the next revision to the CalGreen
document, due in 2019, to bring CGBSC standards in line with the AB 341 requirement for 75%
diversion by 2020. Going even further, the Palm Springs Sustainability Plan, approved by the
City Council in 2016, seeks to "expand programs to increase land waste diversion, recycling,
and composting to recover 90% of all waste generated by 2030."
From January 2014 through July 2017, Palm Springs Disposal Services hauled approximately
130,000 tons of waste from Palm Springs to the Edom Hill landfill transfer station. During that
period, approximately 54,000 tons of waste were self-hauled to the station. It is estimated that
approximately 45,000 tons of the 54,000 tons were from haulers that have no account at the
transfer station. An unknown but likely significant percentage of that tonnage was C&D waste
that could have been diverted to a recycling facility, such as Desert Recycling, or salvaged.
To achieve compliance with future statewide regulations, and to reach the 90% diversion goal
adopted in the Palm Springs Sustainability Plan, the Waste Reduction Committee recommends
that a modified version of the 2009 C&D Waste Ordinance be reconsidered by the Palm Springs
City Council. The 2009 ordinance should be modified to:
1. Include a "sliding" requirement for percentage of C&D waste that must be diverted from
landfill to fall in line with the increasing requirements contained in AB 341 and in the
2019 and subsequent revisions to the CalGreen document. This could be accomplished
by including the requirement in the City building code, which is updated every three
years.
2. Include enforcement mechanisms consistent with those in the Indio ordinance.
3. Include an incentive provision in the form of a "Preferred Construction and Demolition
Hauler Program" similar to the program adopted by Desert Hot Springs in 2015.
32
Waste Reduction Committee Report on C&D Waste Management
November 26, 2017- Page 3
Participants in the program sign an agreement, with an up-front fee, to use the services
of DHS's contractual hauler, Desert Valley Disposal (DVD), to transport C&D waste from
their construction and demolition sites to Desert Recycling. Self-hauling is prohibited for
developers who sign up for the program. DVD manages all Waste Disposal Operations
and reporting requirements.
The objective of the preferred hauler program was to offer individuals performing
construction or demolition activities a convenient and cost-effective alternative to DHS's
existing detailed requirements to provide a written plan and reporting schedule to ensure
compliance with the DHS's municipal code. The program has been deemed highly
successful by both the City and by developers. Both project applicants and the City are
pleased to be relieved of all monitoring, inspection, and reporting duties. Empirically,
90% of new construction permits are currently going through the program, suggesting
that adoption of a similar program by the City of Palm Springs would reduce the amount
of undiverted C&D waste from Palm Springs development projects by a dramatic
amount.
REQUEST:
The Waste Reduction Committee requests that the Sustainability Commission accept the
recommendations in this report and provide direction to develop this report into an official staff
report to be included with a Construction and Demolition (C&D) Waste Management Ordinance
to be put in front of Palm Springs City Council for their consideration.
ENVIRONMENTAL IMPACT:
Reduction in landfill disposal of C&D waste from projects in the City of Palm Springs.
SUBMITTED:
Robert McCann Roy Clark
Waste Reduction Subcommittee Waste Reduction Subcommittee
33
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vv .,,.OVY1i11ab,�toYL dkb
n
VISION
Construction and Demolition Waste Management in
Palm Springs
Robert McCann
Waste Reduction Committee
Palm Springs Sustainability Commission
December 5 2017
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w
VISION
H i sto ry :
The California Integrated Waste Management Act of 1989
(AB 939) required each city to divert 50% of all solid waste
from land disposal or transformation by .January 1 , 2000 .
- 50% diversion requirement echoed in an early version of
the California Green Buildings Standards Code
("CalGreen") .
- Coachella Valley (possibly CVAG) develops "boiler plate"
ordinance for C&D waste disposal .
- consists largely of detailed specifications for policies and
procedures that local developers were required to follow in
order to ensure compliance with the 50% diversion
regulation .
U,
2
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VISION
• 2007 : Indio City Council passes Ordinance .
• 2009 : PS City Council turns down proposal to adopt
Ordinance, citing recession .
• 2012 : Palm Springs adopts a municipal Construction and
Demolition Waste Management Plan that required a minimum
of 50% of nonhazardous construction and demolition waste be
recycled or salvaged .
• 2016 : Plan revised to require a minimum of 65% of
nonhazardous construction and demolition waste be recycled
or salvaged .
- However, the plan lacks enforcement and incentive
mechanisms.
°' 3
d
• 2011 : California adopted AB 341 , VISION
• 75% of solid waste be source reduced, recycled, or composted by
the year 2020.
• 2016: Calgreen mandates that construction projects "recycle and/or
salvage for reuse a minimum of 65 percent of the nonhazardous
construction and demolition waste".
• 2019: 65% requirement is very likely to increase in the next
revision to the CalGreen document, to bring CalGreen standards
in line with the AB 341 requirement for 75% diversion by 2020.
• 2016: Palm Springs City Council approves Sustainability Plan
• Seeks to "expand programs to increase land waste diversion, recycling, and
composting to recover 90% of all waste generated by 2030."
4
sut �
VISION
• Current C&D Waste Management Procedures and Stats for City of Palm
Springs:
• PS developers have the freedom to either self-haul C&D waste to Edom
Hill, or a diversion facility (Desert Recycling) or get PSDS to haul for them.
• If they elect to use PSDS, they self-identify the kind of waste they have
for PSDS to haul.
• If C&D waste: PSDS hauls it to diversion facility (Desert Recycling).
• If "mixed" or "trash" waste, PSDS takes it to Edom Hill.
• PSDS does try to identify "mixed" or "trash" that's uncontaminated
C&D waste, in which case they take it to Desert Recycling.
'Source: Chris Cunningham, PSDS
=-- 5
gut • , c -
• January 2014 through July 2017: VISION
• PSDS hauled approximately:
• 130,000 tons of waste to Edom Hill transfer station.
• 10,416 tons of C&D waste to Desert Recycling (diverted tonnage).
• Approximately:
• 54,000 tons of waste was self-hauled to Edom Hill.
• 45,000 tons estimated to he from haulers that have no account at the
transfer station.
• A "significant percentage" of that tonnage likely C&D waste'
'Source: Chris Cunningham, PSDS
6
VISION
• How to increase PS C&D Waste Diversion Rate to
meet current and future requirements?
• Adopt updated version of the 2009 Ordinance .
• Include a "sliding" requirement for percentage of C&D waste
that must be diverted from landfill to fall in line with the
increasing requirements contained in the upcoming 2019 and
subsequent revisions to the CalGreen document.
- This could be accomplished by including the requirement
in the City building code, which is updated every three
years .
- Include enforcement mechanisms similar to the
mechanisms specified in the Indio Ordinance.
- Include an incentive provision in the form of a "Preferred
Construction and Demolition Hauler Program" similar to
the program adopted by Desert Hot Springs in 2015 .
7
SLtA�IGUYtA� LSO (D C!
►nwuow
• Include an incentive provision in the form of a " Preferred VISION
Construction and Demolition Hauler Program" similar to the
program adopted by Desert Hot Springs in 2015 .
- Participants in the program sign an agreement, with an up-front
fee, to use the services of DHS`s contractual hauler, Desert Valley
Disposal (DVD), to transport C&D waste from their construction
and demolition sites to Desert Recycling .
- Self-hauling is prohibited for developers who sign up for the
program .
- DVD manages all Waste Disposal Operations and reporting
requirements .
- Results of Program :
8
�3 , corm miom Ai W
• Benefits of Program :
VISION
- DHS can confirm all waste and recycling material is
diverted to the correct landfill or recycling center
accordingly, and tonnages accounted for correctly.
- Relieves contractor of having to do this bookeeping
- Prevents and deters illegal dumping of construction
material .
- Increases the City's recycling diversion rate .
• 2014-22 tons
• 2015-24 tons
• 2016-250 tons
• 2017-360 tons
- 90% of projects in DHS sign up for the Program .
Y
z. 9
Attachment 4
43
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS ADDING CHAPTER 8.07 "RECYCLING AND DIVERSION OF
DEBRIS FROM CONSTRUCTION AND DEMOLITION" TO THE PALM
SPRINGS MUNCIPAL CODE
City Attorney Summary
This Ordinance adds Section 8.07 to the Palm Springs Municipal Code. It
mandates an increasing proportion of construction and demolition waste
from construction projects in the City of Palm Springs be diverted to
Recycling facilities, and describes the standards, procedures, and
requirements for contractors to follow and for the City to track compliance
with the Ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. The City of Palm Springs has been and continues to be committed to
protecting the public health, safety, and general welfare, as well as the natural
environment and resources, and as such, is committed to the reduction of solid waste.
B. The City is actively seeking ways to reduce the amount of landfilled solid
waste in order to comply with the California Integrated Waste Management Act of 1989
(Public Resources Code 40000 et seq).
C. On October 6, 2011, the State of California adopted AB 341, which set a
policy goal that not less than 75% of solid waste generated by municipalities be source
reduced, recycled, or composted by the year 2020, and annually thereafter.
D. The Palm Springs Sustainability Plan, approved by the City Council in
2016, seeks to expand programs to increase land waste diversion, recycling, and
composting to recover 90% of all waste generated by 2030.
E. The staff of the City of Palm Springs has observed that debris from
demolished structures, structures undergoing renovation or alteration, and structures
being erected are currently deposited in the landfill without the debris being made
available for Salvage, Reuse or recycling and provided this observation as information
to the City Council.
F. The staff of the City of Palm Springs has also observed that business,
organizations, and other individuals may be interested in salvaging, reusing or
recycling said construction debris and provided this observation as information to the
City Council.
G. Salvaging, reusing and recycling of said construction debris furthers the
City's commitment to reducing landfilled waste to comply with the California Integrated
Waste Management Act of 1989.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
ORDAINS:
SECTION 1. Add Chapter 8.07, "Recycling and Diversion of Debris From
Construction and Demolition"
Title 8, entitled "Building and Construction" of the Palm Springs Municipal Code
is hereby amended to include Chapter 8.07, which shall be entitled "Recycling and
Diversion of Debris from Construction and Demolition" and shall read as follows:
CHAPTER 8.07
RECYCLING AND DIVERSION OF DEBRIS
FROM CONSTRUCTION AND DEMOLITION
8.07.010 Findings and Purpose
8.07.020 Definitions
8.07.030 Designated Recyclable and Reusable Materials
8.07.040 Diversion Requirements for Covered Projects
8.07.050 Diversion Requirement Exemptions
8.07.060 Construction and Demolition Debris Plan
8.07.070 Performance Security
8.07.080 Refund of Performance Security
8.07.090 Use of Performance Security
8.07.100 Forfeiture of Performance Security
8.07.110 Reporting
8.07.120 On-site Practices
8.07.130 Exception Procedure
8.07.140 Appeal
8.07.150 Preferred Construction and Demolition Waste Hauler
Program
8.07.160 Public Nuisance
8.07.170 Infraction Violation
8.07.180 Civil Fines
8.07.190 Administrative Citation
8.07.200 Administrative Fine
8.07.210 Modification, Suspension and/or Revocation of Validly Issued
Permit and/or License
8.07.220 Additional Penalties
8.07.010 Findings and Purpose
2
A. The City Council of the City of Palm Springs finds and determines that the
City is committed to protecting the public health, safety, welfare, and
environment, and that in order to meet these goals, it is necessary the City
promote the public purposes served by this Chapter and adopt the following
regulations pursuant to these findings.
B. The City finds that the State of California, through its California Integrated
Waste Management Act of 1989, Assembly Bill 939 (AB 939, the "Act"), required
that each local jurisdiction in the state divert 50% of discarded materials (base
year 1990, state methodology) from landfill by December 31, 2000, and
thereafter maintain or exceed that diversion rate.
D. The City finds that the State of California, through AB 341 adopted in
2011, has set a policy goal that not less than 75% of solid waste generated by
municipalities be source reduced, Recycled, or composted by the year 2020, and
annually thereafter.
D. The City finds that every local jurisdiction, city and county in California,
including the City of Palm Springs faces fines up to $10,000 a day for not
meeting the above mandated goal.
E. The City finds that reusing and recycling construction and demolition
debris is essential to further the City's efforts to reduce waste and comply with
the goals of the Act.
F. The City finds that construction and demolition debris waste reduction and
recycling have been proven to reduce the amount of material that is landfilled,
has been proven to increase site and worker safety and to be cost effective.
G. The City finds that the commitment to the reduction of waste and
compliance with state law requires the establishment of programs for recycling
and Salvaging construction and demolition materials.
H. The City finds that requiring demolition and construction debris to be
recycled and Reused may in some respects add modestly to the cost of
demolition and construction and in other respects may make possible some cost
recovery and cost reduction.
I. The City finds that, except in unusual circumstances, it is feasible and
reasonable for parties who generate debris to divert and recycle construction and
demolition debris from construction, demolition, and renovation projects to the
maximum extent feasible.
8.07.020 Definitions
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46
"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, Demolition and/or
Renovation project within the City.
"City-Owned Projects" means Construction, Demolition, addition, alteration, and
Renovation projects that are City-owned and are not described by Section
8.07.050 as exemptions.
"Compliance Official" means the City Manager or his/her designee, including an
agent acting on behalf of the City, assigned to evaluate Construction &
Demolition Debris Plans, monitor project progress, and determine compliance or
non-compliance with this Chapter.
"Construction" means all building, landscaping, remodeling, repair, addition,
removal or demolition involving the use or disposal of Designated Recyclable and
Reusable Materials as defined in Section 8.07.030.
"Construction and Demolition Debris" means and includes the residual and
waste building materials, packaging and rubble resulting from Construction,
Renovation, repair and Demolition operations on pavements (street, curb, gutter,
sidewalk and walkways), residential structures, commercial structures and public
infrastructure improvements (dry wells, lift stations, storm water or sewer
systems or channel linings) and other structures.
Construction and Demolition Debris includes, but is not limited to, the following
items:
(1) components of the building or structure or improvement 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 plumbing fixtures;
(2) tools and building materials utilized in the course of the construction
work including material generated at construction trailers, such as blueprints,
plans, and other similar wastes;
(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
47
(4) plant materials resulting from construction work when commingled
with dirt, rock, inert debris or construction and demolition debris.
"Construction and Demolition Debris Plan" ("Construction and Demolition Debris
Plan") means a plan required to be submitted by applicant to City for approval for
the purpose of demonstrating compliance with the requirements of this Chapter.
"Contractor" means any person or entity holding, or required to hold, a
contractor's license of any type under the laws of the State of California, or who
performs (whether as contractor, subcontractor or owner-builder) any
Construction, Renovation, repair and Demolition operations on pavements,
residential and commercial buildings and other structures in the City.
"Covered Project" means a Construction, Demolition, , repair or Renovation
project within the City requiring a building or demolition permit, a landscaping
project requiring a development permit or a grading project requiring a grading
permit.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of
any facility, structure, pavement or building, whether in whole or in part, whether
interior or exterior.
"Diversion" means redirection of material that would previously be disposed into
the landfill. Appropriate Diversion methods include transfer of materials to
Licensed Recycling Facilities, approved on-site re-use techniques, and other
waste minimization methods approved by the Compliance Official.
"Exempt" means projects described by the criteria outlined in Section 8.07.050
that are exempt from the requirements of this Chapter.
"Licensed Recycling Facilities" means processing facilities approved by the City,
County, State, or Federal Government.
"Recycling," "Recycled" or "Recyclable" means the process of collecting, sorting,
cleansing, treating, and reconstituting materials that would otherwise become
landfilled solid waste, and returning these materials to the economic mainstream
in the form of raw material for new, Reused, or reconstituted products that meet
the quality standards necessary to be used in the marketplace.
"Renovation" means any change, addition, alteration or modification to an
existing structure.
"Reuse," Reused or "Reusable" means further or repeated use of Construction
and Demolition Debris.
5
48
"Salvage," "Salvaged" or Salvageable" means the controlled removal of
Construction and Demolition Debris from a permitted building or Demolition site
for the purpose of Recycling, Reuse, or storage for later Recycling or Reuse.
8.07.030 Designated Recyclable and Reusable Materials
A. Recyclable and Reusable materials include, but are not limited to, the
following:
1. appliances including, but not limited to ovens, stoves, refrigerators,
freezers, water heaters, air conditioners, evaporative coolers, washers, dryers,
lighting and mechanical equipment;
2. cardboard containers and materials;
3. drywall and plaster materials including drywall, gypsum, and
sheetrock;
4. plant materials, which includes tree trimmings, grass, leaves, roots,
branches and palm trees to include their fronds and root balls;
5. masonry building materials including, but not limited to, all products
generally used in construction (concrete, rock, stone, stucco, brick and the like);
6. all metals including, but not limited to, ferrous (steel, stainless steel,
steel piping, roofing, and flashing) and non-ferrous (aluminum, copper, and
brass);
7. paving materials including asphalt, brick, concrete, paver blocks
and the like;
8. roofing materials including wood shingles as well as asphalt, stone,
concrete, metal, roof tiles and slate based roofing material;
9. Salvageable materials including, but not limited to, wallboard, door
and window frames, doors, windows, plumbing or electrical fixtures, toilets, sinks,
bathtubs and mechanical equipment;
10. wood waste includes any and all dimensional lumber, fencing or
construction wood that is not chemically treated, creosoted, CCA pressure
treated, contaminated or painted; and
11. any other Construction and Demolition Debris that is non-
hazardous and for which an economically feasible market exists.
6
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8.07.040 Diversion Requirements for Covered Projects
A. Any Covered Project shall be subject to the provisions of this Chapter,
except for the exemptions noted in Section 8.07.050 and the exceptions noted in
Section 8.07.090.
B. It shall be the responsibility of the owner, the general contractor and all
subcontractors to divert from the landfill all Recyclable, Reusable and
Salvageable debris to the maximum extent feasible and as required in the
Construction and Demolition Debris Plan. On-going compliance with this section
is a condition precedent to issuance of any Covered Project's permit. For
purposes of this section, permit shall include required permits for development,
building, Demolition, or grading. Salvaged materials may be given or sold on the
premises, or may be removed to a Reuse warehouse facility for storage or later
sale.
8.07.050 Diversion Requirement Exemptions
A. The Compliance Official may determine that a Covered Project is Exempt
if at least one of the following criteria is met:
1. work for which a permit is not required;
2. roofing projects that do not include tear-off of existing roof or some
portion thereof;
3. remodels, alterations, or additions with total area less than five
hundred square feet;
4. work for which only a plumbing, only an electrical, or only a
mechanical permit is required;
5. seismic tie-down installation; or
6. installation of pre-fabricated patio enclosures or accessories such
as signs or antennas where no structural building modifications are required to
complete the entire project.
B. The Compliance Official shall determine if the project is entitled to an
exemption in accordance with this Section. While not required, it shall be
encouraged that the owner, contractor, or subcontractor divert project-related
Construction and Demolition Debris in the amount specified by the California
Green Building Standards Code in effect at the time the request for the project to
7
50
be declared Exempt was submitted. The Compliance Official shall distribute
education materials that encourage Recycling of Construction and Demolition
Debris.
[Note: what is the procedure to request the exemption?]
8.07.060 Construction and Demolition Debris Plan
A. Every Applicant shall submit a properly completed Construction and
Demolition Debris Plan to the Compliance Official, in a form as prescribed by that
Official, in conjunction with the development, building, Demolition, or grading
permit application. The completed Construction and Demolition Debris Plan shall
contain the following:
1. The estimated volume or weight of Construction and Demolition
Debris that will be disposed;
2. The estimated weight of such materials that can feasibly be
diverted via Reuse or Recycling by material type;
3. The vendor(s) that the Applicant proposes to use to service the
cleanup activities and the markets identified that will be used in Recycling or
Reusing the diverted materials.
B. It is the responsibility of the owner, Contractor, or subcontractor to
divert waste generated by a Covered Project to the maximum extent feasible, but
absolutely no less than required by the California Green Building Standards
Code in effect at the time the Construction and Demolition Debris Plan is
submitted, and to remain in compliance with the requirements of this Chapter
until termination of the Construction and Demolition Debris Plan and completion
of the project.
C. Approval of the Construction and Demolition Debris Plan as complete and
accurate shall be a condition precedent to the issuance of any development,
building, grading or Demolition permit for the Covered Project.
D. Approval of the Construction and Demolition Debris Plan shall not be
required where emergency Demolition is required to protect public health or
safety.
E. A Construction and Demolition Debris Plan shall be approved or denied no
later than fifteen (15) business days after a complete application is made. The
Compliance Official shall only approve the Construction and Demolition Debris
Plan if he or she determines all of the following conditions have been met:
8
51
1. the Construction and Demolition Debris Plan provides all of the
information set forth in this section, or as otherwise prescribed in writing from
time to time by the Compliance Official, under terms that conform to this Chapter;
and
2. the Construction and Demolition Debris Plan indicates that the
Diversion requirements of Section 8.07.040 are met in full.
F. If the Compliance Official determines that the Construction and Demolition
Debris Plan is incomplete or fails to conclusively demonstrate that the Diversion
requirements of Section 8.07.040 will be met, he or she shall either:
1. return the Construction and Demolition Debris Plan to the Applicant
marked "Disapproved", including a written statement of reasons, and will notify
the building department, which shall then immediately stop processing the
development, building, grading or Demolition permit application; or
2. return the Construction and Demolition Debris Plan to the Applicant
marked "Further Explanation Required," with a written statement of the nature of
explanation to be submitted.
8.07.070 Performance Security
A. The Applicant shall submit a performance security along with the
Construction and Demolition Debris Plan. This performance security shall be the
amount established by Resolution of the City Council. City-Owned Projects will
not be required to pay the performance security.
B. The Applicant shall post performance security the form of cash, money
order, letter of credit, performance or surety bond.
8.07.080 Refund of Performance Security
A. The Compliance Official may authorize the refund of the performance
security if it was erroneously paid.
B. The Compliance Official may authorize the refund of any performance
security when the building, Demolition, development or grading permit application
is withdrawn or cancelled before any work has begun.
C. The performance security shall be returned, without interest, in total upon
proof of satisfaction by the Compliance Official that no less that the required
percentage of Construction and Demolition Debris tonnage generated by the
9
52
Covered Project has been diverted from disposal and has been Recycled or
Reused as set forth in Section 8.07.040.
8.07.090 Use of Performance Security
Monies received by the City as performance security shall be used only for:
A. Payment of performance security refunds;
B. Programs to divert Construction, Demolition and Renovation construction
waste from the landfill;
C. Programs whose purpose is to develop or improve the infrastructure
needed to divert wastes from Construction, Demolition or Renovation Covered
Projects from landfill disposal;
D. Allocated staff and third-party costs set forth in Section 8.07.100.13.
8.07.100 Forfeiture of Performance Security
A. The performance security shall be forfeited entirely if the
Compliance Official determines that the Applicant has not made a good faith
effort to comply with this Chapter or fails to submit the documentation required by
Section 8.07. 110.0 within sixty (60) days following completion of the Covered
Project.
B. If the Compliance Official determines through the bi-weekly
documentation submitted in accordance with Section 8.07.110.13 that the project
is failing to meet the criteria of Section 8.07.040, the City reserves the right to
hire appropriate assistance as necessary for the project to achieve compliance. If
this occurs, the Applicant will be held liable for the staff and third-party costs
associated with compliance, and such costs will be deducted from the
performance security.
C. If the Compliance Official determines that the Applicant has
diverted a lesser percentage of Construction and Demolition Debris tonnage than
required in the Construction and Demolition Debris Plan, the performance
security shall be forfeited entirely [or to the pro-rated extent that there is failure of
compliance].
[Note: should it be "all or nothing" or should there be proportionality in the
penalty?]
8.07.110 Reporting
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53
A. To the extent practical, as determined by the Compliance Official,
all Construction and Demolition Debris, whether landfilled or diverted, shall be
weighed in compliance with all regulatory requirements in effect at the time
relating to accuracy and maintenance of weighing equipment. For Construction
and Demolition 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.
B. Throughout the duration of the project, the Applicant is required to
periodically submit documentation to the Compliance Official that demonstrates
compliance with the Diversion and reporting requirements of this Chapter. The
documentation shall consist of bi-weekly updates showing waste generated
tonnage data, total tonnage, tonnage diverted, and tonnage landfilled supported
by original or certified photocopies of receipts, weight tags or tickets or other
records of volume or weight measurement from Recycling companies,
deconstruction contractors, and/or disposal companies or haulers or the landfill
where disposed. Receipts and weight tags or tickets will be used to verify
whether waste generated from the Covered Project has been Recycled, Reused,
Salvaged or landfilled. The Applicant shall make all reasonable efforts to ensure
that all Recycled, Reused, Salvaged or landfilled waste is measured and
recorded using the most accurate method of measurement available.
C. If the Applicant fails to complete the reporting requirement of subdivision B
of this Section 8.07.110, the Compliance Official shall:
1. notify the Applicant in writing that the Covered Project does not
comply with the terms of Section 8.07.110.13 and has ten (10) days to submit the
required report(s); and
2. declare the Covered Project as noncompliant and issue or cause to
be issued a Stop Work Order for the Covered Project.
D. Within sixty (60) days following the completion of a Covered Project,
the Applicant shall submit documentation to the Compliance Official that proves
compliance with the requirements of Section 8.07.040. The documentation shall
consist of a final completed Construction and Demolition Debris Plan 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
Construction and Demolition Debris is measured and recorded using the most
11
54
accurate method of measurement available.
8.07.120 On-site Practices
To the maximum extent feasible, Construction and Demolition Debris generated
from a Covered Project shall be separated on-site. 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.
8.07.130 Exception Procedure
A. Prior to commencing Demolition or Construction, an Applicant wishing
relief may seek an exception, partial or complete, from the requirements of this
Chapter through the process described in this Section. This Section is
supplemental to Section 8.07.050 insofar as it exempts the applicant from
compliance with Chapter 8.07.040 under appropriate circumstances. However,
the exception procedure involves the exercise of discretion by the Compliance
Officer for projects that would otherwise, from their nature and size, fall within the
requirements of this Chapter.
B. This exception process shall be initiated by the filing of an exception
application with the Compliance Official. The Compliance Official shall determine
the completeness of the exception application within five (5) business days of the
filing of the application.
C. Following consideration of the exception application, the Compliance
Official shall either make the required findings and take action on the application
or shall state why the findings cannot be made and deny the application. A
decision on the application shall be rendered within ten (10) business days
following determination the application is complete.
D. All of the following findings must be made prior to the approval of an
exception by the Compliance Official:
1. it is infeasible to comply with the Diversion requirement;
1. there are exceptional or extraordinary circumstances or conditions
applicable to the project that do not apply generally to similar projects;
2. granting the application will not constitute a grant of special
privilege inconsistent with limitations imposed on like projects; and
3. cost to the Applicant of strict compliance with this chapter is not the
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primary reason for granting the exception.
8.07.140 Appeal
A. An Applicant may appeal any of the following determinations of the
Compliance Official:
1. that the Applicant has failed to remain in compliance with the
Diversion requirements of Section 8.07.040;
2. that the Applicant has failed to remain in compliance with the
reporting requirements of Section 8.07.110;
3. that the Applicant has failed to remain in compliance with the
Construction and Demolition Debris Plan as required by Section 8.07.060;
4. that the Applicant has failed to remain in compliance with on-site
practices under Section 8.07.120;
5. denial of an exemption under Section 8.07.050; and
6. denial of an exception under Section 8.07.130.
B. All appeals filed pursuant to this Section shall be heard by the Building
Code Appeals Board in accordance with 8.04.340 of the Palm Springs Municipal
Code.
C. Enforcement of the appealed determination shall be stayed during the
pendency of a timely and properly filed conducted pursuant to this Section.
8.07.150 Preferred Construction and Demolition Hauler Program
A. Notwithstanding the foregoing, the City hereby designates its franchised
contractor under Section 6.04.015 of the Palm Springs Municipal Code to serve
as its preferred hauler of Construction and Demolition Debris for Recycling and
Diversion.
B. An Applicant may arrange exclusively with the City's preferred hauler to
remove Construction and Demolition Debris for Recycling or Diversion from a
project covered in this Chapter, with written evidence of said arrangement
delivered to the City, whereupon certain Chapter 8.07 requirements of applicant
shall be waived: (1) submittal of the Construction and Demolition Debris Plan
required by Section 8.07.060; (2) posting of the performance security required by
Section8.07.070; and reporting as required by Section 8.07.110. In entering into
an arrangement with the City's preferred hauler to remove Construction and
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Demolition Debris for Recycling and Diversion, Applicant agrees to actively and
regularly utilize the City's preferred hauler's rules and regulations pertaining to
the storage for removal of Construction and Demolition Debris. Self-hauling of
Construction and Demolition Debris shall not be permitted when requirements of
Sections 8.07.060, 8.07.070, and 8.07.110 have been waived.
C. The City's preferred construction and demolition waste hauler shall report
to the City the Recycling and Diversion attributed to each applicant and each
project.
D. Hauling services performed by the City's preferred construction and
demolition waste hauler shall be subject to the rates and charges established by
the City.
8.07.160 Public Nuisance
A violation of this Chapter by any person responsible for committing, causing or
maintaining such violation, shall constitute a public nuisance which shall be
subject to the provisions of Chapter XX.XXX, including but not limited to the
imposition of any and all administrative fines and the provisions of any other
applicable regulatory codes, statutes and ordinances heretofore or hereinafter
enacted by the City, the state or any other legal entity or agency having
jurisdiction.
8.07.170 Infraction Violation
A violation of this Chapter shall be subject to the provisions of the Building
Administrative Code of the City of Palm Springs.
8.07.180 Civil Fines
TBD
8.07.190 Administrative Citation
TBD
8.07.200 Administrative Fine
TBD
8.07.210 Modification, Suspension and/or Revocation of Validly
Issued Permit and/or License
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TBD
8.07.220 Additional Penalties
A. Nothing in this Chapter shall preclude the City from pursuing the remedies
provided by the Building Administrative Code of the City of Palm Springs,
including but not limited to, as applicable, denial or revocation of certificates of
occupancy, issuance of a stop work orders and injunctive relief.
B. In addition to the above, failure to correct any condition indicated in a
notice of violation will permit the City to initiate one or more of the following
actions where appropriate:
1. a stop work order under the provisions of Section 8.07.110 herein;
2. refusal to issue future permits until applicant has adequately
demonstrated compliance with the notice of violation; and
3. immediate stop to the processing of all pending development,
building, grading, or demolition permits until applicant has adequately
demonstrated compliance with the notice of violation.
SECTION 3. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (Public Resources Code Section
21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines,
because the Ordinance will not result in a direct or reasonably foreseeable indirect
physical change in the environment and is not a "project," as that term is defined in
Section 15378 of the State Guidelines.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for
any reason held by a court of competent jurisdiction to be invalid, such a decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council of the
City of Palm Springs, hereby declares that it would have passed this Ordinance and
each section of subsection, sentence, clause and phrase thereof, irrespective of the
clauses or phrases being declared invalid.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law, and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS DAY OF 2018.
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Robert Moon, Mayor
ATTEST:
Anthony Mejia, MMC, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony Mejia, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. is a full, true, and correct copy, and introduced by the
City Council at a regular meeting held on _ the _ day of , 2018, and
adopted at a regular meeting of the City Council held on the _ day of , 2018
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANTHONY MEJIA, MMC
CITY CLERK
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