HomeMy WebLinkAboutOrd. No. 2006-1167
ORDINANCE NO. 1167
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
ADDING CHAPTER 14.12 TO TITLE 14 of THE LAKE
ELSINORE MUNICIPAL CODE ESTABLISHING A
REQUIREMENT TO SUBMIT AND COMPLY WITH A
WASTE MANAGEMENT PLAN FOR CERTAIN
CONSTRUCTION AND DEMOLITION PROJECTS WITHIN
THE CITY OF LAKE ELSINORE
WHEREAS, the California Integrated Waste Management Act of 1989,
commonly referred to as Assembly Bill 939 ("AB 939" or the "Act"), codified in
substantial part at Public Resources Code Section 40000 et seq., requires each
local jurisdiction in the state to divert fifty percent (50%) of discarded materials
from disposal in landfills and transformation facilities, and authorizes the
California Integrated Waste Management Board ("CIWMB") to impose penalties
of up to $10,000 per day for non-compliance with these diversion requirements;
and
WHEREAS, certain provisions of the Act, codified at Public Resources
Code Section 41821, require the City to provide CIWMB with an annual report
concerning the City's progress in meeting the diversion requirements with respect
to construction and demolition materials; and
WHEREAS, certain provisions of the Act, codified at Public Resources
Code Section 41850, require CIWMB to take into consideration whether the City
has adopted an ordinance requiring diversion of construction and demolition
materials, or made other good faith efforts to meet the diversion requirements with
respect to construction and demolition materials, in determining whether to
impose penalties on the City for failure to meet the diversion requirements; and
WHEREAS, construction and demolition materials currently represent a
significant portion of the volume of waste originating in the City of Lake Elsinore,
and the experiences of other cities and studies undertaken by the CIWMB Board
have shown that, except in unusual circumstances, it is feasible to divert at least
50% of all construction and demolition materials from landfills by engaging in
reuse and recycling of these materials; and
WHEREAS, the reuse and recycling of construction and demolition
materials is essential to further the City's efforts to reduce waste and comply with
AB 939 diversion requirements; and
WHEREAS, waste reduction, reuse, and recycling of construction and
demolition materials reduces the amount of construction and demolition materials
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transported for disposal in landfills and transformation facilities, increases site and
worker safety, and are cost effective; and
WHEREAS, to ensure compliance with this Chapter and to ensure that
those contractors that comply with this Chapter are not placed at a competitive
disadvantage, it is necessary to impose a diversion security deposit requirement;
and
WHEREAS, pursuant to California Constitution Article XI, Section 7 and
Public Resources Code Section 40059, the City has the authority to regulate solid
waste generated within the City's municipal boundaries; and
WHEREAS, the City Council has determined that the public health, safety
and welfare of the residents of the City will be promoted and the environmental
quality of the City and surrounding areas will be preserved and maintained
through the adoption of an ordinance requiring diversion of construction and
demolition materials from landfills.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14.12 is hereby added to Title 14 of the Lake
Elsinore Municipal Code to read as follows:
Chapter 14.12
CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT
Sections:
14.12.010
14.12.020
14.12.030
14.12.040
14.12.050
14.12.060
14.12.070
14.12.080
14.12.090
14.12.100
Purpose and intent
Definitions
Covered projects
Projects exempt from this chapter
Compliance and diversion rates
Submission of waste management plan
Security deposit
Review of waste management plan
Compliance review and refund of security deposit
Violations - penalty established
14.12.010 Purpose and intent. The purpose and intent of this ordinance is to
reduce the amount of waste generated within the City of Lake Elsinore and
ultimately disposed of in landfills, by requiring the project applicant for every
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project covered by this ordinance to divert a minimum of fifty percent (50%) of
the construction and demolition debris resulting from that project, in compliance
with state and local statutory goals and policies, and to create a mechanism to
secure compliance with the stated diversion requirements.
14.12.020 Definitions. For purposes of this Chapter, the following terms,
phrases, words, and derivations shall have the meaning given in this section.
"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 any permit, as defined in this Chapter, and who is, therefore,
responsible for meeting the requirements of this Chapter.
"Completion" means the earliest of the following dates: the date a
temporary certificate of occupancy is issued by the City for a project, the date a
certificate of occupancy is issued by the City for a project, or the date the final
City inspection approving the project is completed.
"Construction" means the building or enlargement of any structure, or any
portion thereof, and includes without limitation alterations or improvements to an
existing structure.
"Construction and demolition material" means the excess or discarded
material that is removed from a site during or after the construction or demolition
of any structure, fence, wall, or paving.
"Conversion rate" means the rate set forth in the standardized conversion
rate table for use in estimating the volume or weight of construction and
demolition debris, approved by the California Integrated Waste Management
Board ("CIWMB").
"Covered project" means any project meeting the thresholds established in
Section 14.12.030.
"Demolition" means the razing, tearing down, or wrecking of any structure,
wall, fence, or paving, whether in whole or in part, whether interior or exterior.
"Diversion requirement" means the diversion of a minimum of 50% of the
total construction and demolition material generated by a project, or the lower
percentage requirement granted by exception pursuant to Section 14.12.040.
"Divert" or "diversion" mean the recycling and/or reuse of construction and
demolition debris to avoid disposal in a landfill.
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"Excavation" means digging or removing soil, rocks, gravel, and/or sand
from a site, including but not limited to such work as is customarily performed in
construction of buildings or dredging or construction of canals, drainage basins,
waterways, lakes, levees, or dams.
"Mining" means any activity governed by the Surface Mining and
Reclamation Act (Public Resources Code S 2710, et seq.).
"Paving" means driveways, walkways, parking areas, streets, and
sidewalks.
"Permit" means any grading, building, or demolition permit.
"Project" means any proposal for new or changed use, or for new
construction, alteration or enlargement of any structure, that requires a permit
from the City.
"Recycling and reuse" means the process of collecting, sorting, cleansing,
treating, and reconstituting construction and demolition debris, that would
otherwise become solid waste and be disposed of in a landfill, for use as raw
material for, new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace.
"Recycling Coordinator" means the person designated by the City Manager
to serve as the City's Recycling Coordinator for purposes of this chapter.
"Structure" means anything constructed or erected that requires a location
in the ground, including a building or swimming pool, but not including a fence or
wall used as a fence, or driveways, or walkways.
"Waste management plan" means a plan describing the amount of
construction and demolition material to be produced by or removed from a project,
and establishing methods by which 50% of such material will be diverted.
14.12.030 Covered projects. Projects meeting any of the following criteria shall
be considered covered projects and shall comply with all provisions of this
Chapter, including but not limited to the diversion requirement for construction
and demolition materials:
1. Residential additions of 1,500 square feet or more of gross
floor area;
2. New detached single family residential dwellings;
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3.
New attached single family residential dwellings;
4.
gross floor area;
Tenant improvements affecting 1,500 square feet or more of
5.
New commercial buildings;
6.
Demolition of 1,000 square feet or more of gross floor area;
7. Excavation, mining, or grading activities that result in the
export of earth, soil, rocks, gravel, or other materials off the project site.
8. All City public works and City public construction projects;
the waste management plan and diversion security deposit shall be prepared and
submitted by the prime contractor constructing each such project.
14.12.040 Projects exempt from this chapter. Projects meeting any of the
following criteria shall be exempt from the requirements of this Chapter, provided
that the applicant has provided the City with satisfactory evidence supporting the
claimed exemption, and provided that the City has issued a written determination
of exemption, which may take the form of a stamp or other notation of exemption
on applicant's application for a permit:
1. Projects not meeting any of the criteria described in Section
14.12.030;
2. Immediate or emergency construction, repair, or demolition
work required to protect the public health or safety in an emergency, as defined in
Section 21060.3 of the Public Resources Code, as it may be amended from time to
time;
3. Work for which a permit is not required by this Municipal
Code;
4. A project for which a permit has been issued prior to the
effective date of this ordinance and remains in effect at the time of construction;
5. A City project for which the notice inviting bids has been
published prior to the effective date of this ordinance;
6. Excavation of residential swimming pools;
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7. Projects in which the Recycling Coordinator has determined
that:
a. There are exceptional or extraordinary circumstances
applicable to the project that do not apply generally to similar projects, such as
contamination of construction and demolition materials by hazardous substances
or low recyclability of specific materials to be used in or removed from the
project;
b. Granting the application will not constitute a grant of
special privilege inconsistent with limitations imposed on similar projects; and
c. Cost to the applicant of strict compliance with the
requirements of this Chapter is not the primary reason for granting the exemption.
14.12.050 Compliance and diversion rates. The applicant for a covered
project shall divert or cause to be diverted a minimum of 50% of the construction
and demolition materials resulting from the project. Compliance with this
requirement and the other provisions of this Chapter shall be listed as a condition
of approval on permits issued for a covered project.
14.12.060 Submission of waste management plan. The applicant for each
covered project shall complete and submit to the City a waste management plan as
part of the application packet for a permit, and payment of any application fee
established by resolution of the City Council. The waste management plan shall
include the estimated volume and weight of construction and demolition material,
with separate listings for each type of material (unless waived by the Recycling
Coordinator upon the applicant's demonstrates that he or she will use the services
of the solid waste hauler holding an exclusive solid waste franchise with the City),
the vendor or facility that will collect or receive the construction and demolition
material and the estimated commencement date for the demolition or construction
work.
14.12.070 Security deposit. Each applicant requesting a permit for a covered
project shall submit, in conjunction with the waste management plan, a diversion
security deposit, in cash, certified or cashiers' check, or by irrevocable letter of
credit or performance bond, in the amount of three percent (3%) of the estimated
project costs, or $10,000, whichever is greater. The Recycling Coordinator may
waive or reduce diversion security deposit requirement if the applicant
demonstrates that he or she will use the services of the solid waste hauler holding
an exclusive solid waste franchise with the City.
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14.12.080 Review of waste management plan.
A. Following submission of the waste management plan, and prior to
the issuance of any grading and/or building permit, the Recycling Coordinator
shall review and determine (i) that the waste management plan provides all of the
information required by Section 14.12.060; (ii) the waste management plan
indicates that at least 50% of the construction and demolition material produced by
the project will be diverted, and the applicant has complied with Section
14.12.070.
B. If the Recycling Coordinator approves the waste management plan,
he or she shall mark the waste management plan as "approved", retain one copy,
and return copies to the applicant and the Community Development Department.
If the Recycling Coordinator disapproves the waste management plan, he or she
shall state the grounds for denial in writing, retain one copy, and return copies and
the grounds for denial to the applicant and the Community Development
Department.
14.12.090 Compliance review and refund of security deposit.
A. Within thirty (30) days after the completion of any covered project,
the applicant shall submit to the Recycling Coordinator documentation concerning
the applicant's compliance with the diversion requirements for the project. This
documentation shall include:
1. Receipts from the vendor or facility that collected or received
construction and demolition material from the project, noting the actual weight or
volume of material collected or received, including separate summary listings for
material diverted and material placed in the landfill;
2. Information concerning the weight or volume of construction
and demolition material recycled or reused in the project.
B. Applicants shall make reasonable efforts to ensure that construction
and demolition materials, whether diverted or placed in the landfill, are measured
and recorded. Volumetric measurements may be used, incorporating the
standardized conversion rates approved by the City.
C. The Recycling Coordinator shall review the information submitted
under subsection A to determine whether the applicant has complied with the
diversion requirement applicable to the project.
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1. If it is determined that the diversion requirement has been
achieved, the full amount of the diversion security deposit shall be refunded to the
applicant.
2. If it is determined that the diversion requirement has not been
met, a portion of the diversion security deposit shall be refunded which is equal to
the portion of the diversion requirement that has been met. Any portion of the
diversion security deposit not released to the applicant shall be forfeited to the
City, and shall be used either to offset administrative costs associated with
enforcing the requirements of this Chapter or for efforts to educate the community
about the need for recycling and encourage recycling.
14.12.100 Violations - penalty established. Violations of this Chapter shall be
governed by Chapter 1.16.
SECTION 2: If any provISIOn, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
SECTION 3: This Ordinance shall take effect thirty (30) days after the
date of its final passage. The City Clerk shall certify as to adoption of the
Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
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INTRODUCED AND APPROVED UPON FIRST READING this loth
day of January, 2006, by the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 24th day of January, 2006, by the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, yor
City of Lake Elsinore
Frederick Ray, City Clerk
City of Lake Elsinore