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HomeMy WebLinkAboutMINUTES - 03252003 - SD3 TO: BOARD OF SUPERVISORS Contra FROM: SUPERVISOR DISTRICT 11, GAYLE B. UILKEMA Costa DATE: March 25, 2003 h County • SUBJECT: CONSIDER DEVELOPMENT OF AN ORDINANCE REQUIRING RECOVERY OF CONSTRUCTION AND DEMOLITION DEBRIS SPECIFICREQUEST(S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Refer to the Internal Operations Committee consideration of developing an ordinance requiring the recycling of construction and demolition debris, applying recycling requirements on the construction of all new structures and the demolition and renovation of existing structures in the public and private sectors of the unincorporated County. FISCAL IMPACT No impact to the General Fund. Fiscal impacts of potential ordinance can be determined after specific approach is determined. BACKGROUNDIREASONS FOR RECOMMENDATIONS California's Integrated Waste Management Act (IWMA), which originally passed in 1989 and has since been amended, requires each jurisdiction within the State reduce the amount of waste disposed in landfills by 50% by the year 2000 and every year thereafter. To comply with the IWMA, the County developed a Source Reduction and Recycling Element(SRRE),which included numerous programs that the County agreed to implement to reach the 50% reduction. One SRRE program that has yet to be fully implemented is development and adoption of a County policy requiring the separation of recyclable materials on jobsites. CONTINUED ON ATTACHMENT: x YES SIGNATUR W�,�",6_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOOMENDATIOW'bFIBOARD COMMITTEE _APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON trig_- APPROVED AS RECOMMENDED OTHER AYES: SUPERVISORS GIOIA, UILKEMA, 'GLOVERAND DESAULNIER NOES., None I HEREBY CERTIFY THAT THIS IS A TRUE ABSENT: None AND CORRECT COPY OF AN ACTION TAKEN ABSTAIN: Nene AND ENTERED ON THE MINUTES OF THE DISTRICT Ill SEAT VACANT BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Lorna Thomson, CDD (9251335-1231) x, ' cc: Community Development Department (CDD) ATTESTED Building Inspection Department (BID) JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR DEPUTY G.\Conservation\Lorn a\C&D\BO-C&D.doc ''I''..,................................................................ ................................... Construction &'Demolition Recovery Ordinance March 25, 2003 Page 2 BACKGROUNDIREASONS FOR RECOMMENDATIONS (continued) Construction and demolition debris; wood wastes and inert wastes (concrete, asphalt, brick, rock, soil etc.); account for 26.5% of the total waste stream as determined in the 1990 Waste Characterization Study prepared on behalf of the County. There are numerous construction and demolition (C & D) recycling facilities available throughout the County and therefore most of these materials can be readily diverted from landfills. Community Development staff (Solid Waste/Recycling and Current Planning Divisions) developed and implemented a'first step'program to address the large C&D waste steam. The Construction and Demolition Debris Recovery program requires that certain projects must submit a Debris Recovery Plan (Exhibit A) prior to issuance of a Building Permit and submit'a Debris Recovery Report(Exhibit A)prior to the release of the Occupancy Permit. The Debris Recovery Plan has a list of C & D materials that are routinely generated at jobsites. Next to each material that is likely to be generated at the present jobsite, the applicant briefly describes how and where that material will be recycled, reused or landfilled. For example, next to 'Concrete' the applicant would write, 'Recycle, County Quarry' and next to `Carpet', they would write, 'Landfill, PHBD'. The plan is submitted to Community Development, prior to issuance of the Building Permit. Prior to the release of the Occupancy Permit, the applicant must submit a Debris Recovery Report. The report has the same list of materials as the plan, but next to each material that was generated, the applicant describes the actual destination (which could be different than that listed in the plan)of each material generated, and the amount(volume or weight)of each material. Also required with the report, is documentation such as receipts or gate tags,verifying what was done with all materials. At this time, only commercial and industrial projects are subject to these requirements. Other applicants seeking land use entitlements are encouraged to voluntarily participate in the program. All applicants seeking land use entitlements are sent the "Contra Costa Builder's Guide to Reuse and Recycling" (Exhibit B) listing locations of C & D recycling facilities and the materials they accept. Targeted wastes in the program include building materials from structures; paving materials from roads and parking lots; dirt, rocks, bricks, concrete etc. from sidewalks, foundations, landscaping features,grading projects etc.; and yard waste from land clearing projects. As a next step, an ordinance would have greater impact and landfill diversion potential. The popularity of C & D recycling requirements is increasing Statewide. The Central Contra Costa Solid Waste Authority has taken a lead role in working with their member cities in the development of C & D ordinances; including the City of Walnut Creek, Lafayette and Orinda. The City of Walnut Creek and the City of Lafayette have adopted C&D ordinances (Exhibit C and Exhibit D respectively). The City of Orinda is scheduled to consider adoption of a C & D ordinance on March 4, 2003 and it is likely that more Contra Costa County cities will implement similar measures in the future. Based on feedback from developers who have attended local seminars and workshops, consistent regional requirements are preferred. Additionally, a level playing field is preferred as well. Therefore, developers are more likely to support an ordinance similar to those in place in nearby jurisdictions. The Walnut Creek and Lafayette ordinances' requirements are similar to our Debris Recovery Program requirements. Key components of these ordinances are summarized below: City of Walnut Creek Ordinance Requires all permit applicants to submit a C & D recycling plan prior to building, site development or demolition permit issuance and to submit a recycling report (i.e. tons diverted, tons landfilled and verifying receipts) prior to release of Occupancy Permit. This ordinance applies to all building, demolition or renovation projects over $50,000 or over 5,000 square feet. Noncompliance is considered an infraction, and a fine may be levied for$1,000 or I%of the total cost of the project, holding the Occupancy Permit until paid. G:\Conservation\LomaNC&D\BO-C&D.doc Construction & Demolition Recovery Ordinance March 25, 2003 Page 3 BACKG'ROU'NDIREASONS FOR RECOMMENDATIONS (continued) City of'Lafayette Ordinance Requires all permit applicants to submit a C & D recycling plan prior to building, grading or demolition permit issuance. After completion of project, receipts verifying recycling of debris are required. Issuance of Occupancy Permit is not withheld. This ordinance applies to all building, demolition or renovation projects over $50,000 or 5,000 square feet. Noncompliance results in the loss of deposit; the deposit is a prorated amount based on the monetary value of the project. Exhibits A) Debris Recovery Plan/Debris Recovery Report B) Builder's Guide to Reuse and Recycling C) City of Walnut Creek Ordinance D) City of Lafayette Ordinance G:\Conservation\Lorna\C&D\BO-C&D.doc v, C, �t L rrE ' '5 ° tg 0 CS ` E ti t: <0 E ^ Cl UCL Nlt CC1 ,a a) � 0AD E co WE C ° y. to CL ib E 0 m CCO C C3 O O E ro 60 co� 0 (D C ' Q r � .y W O r {) CL tii--- p D3 0 L3 *° +o' to W i w cf) E s= 2 � C +-' to fAl V � ttf c C3. t4 O CS1 C7 a) 0 H EQ. LN0 m _ W CL 00 0 d> CL L1 >. tiS }moo `rI m Z3> w d N t11to N ' V fl .0 0 Qt U C E �, J kl air p � � w o U ° 0 � m Z Lo m ° 4? 0. 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"Ci • "10 psi - I C� r D L7 C7 cA n s C� m (D �' ,, m a_ u T1 a iit AM 31 t© CD rt tit b ©' •� �^ � � �, � Cj � Q -� C Im 3' CD 0:' C S.i 0 r +� tdl CD P f 0592. .+r `z .ter a, «t � 0 �+ 3 � .moi• 0 �` : .•. tit 00, M CL CE QD rf < (D ►� 0 ro (D ux r* Cr �! C3 CL tbD 'E3 fl C3 z o cIA C m CL 3 ..t, 0 CDo t C. Z EXHIBIT 4 ORDINANCE NO AN ORDINANCE OF THE CITY OF WALNUT CREEK ADDING ARTICLE 6 TO CHAPTER 3 (SOLID WASTE AND RECYCLING)OF TITLE 5 (SANITATION'AND HEALTH)OF THE WALNUT CREEK MUNICIPAL CODE TO ESTABLISH A CONSTRUCTION DEBRIS RECYCLING PROGRAM The City Council'of the City of Walnut Creek does ordain as follows Section 1. CEQA Determinations. a. The City Council has considered the proposed Negative Declaration together with all comments received during the public review process. The City Council finds on the basis of the whole resod before it(including the initial study and all comments received)that there is no substantial'evidence that the project will have a significant impact on the environment and that the Negative Declaration reflects the City Council's independent judgement and analysis. The documents and other material which constitute the record of proceedings upon which this<decision is based are maintained by the custodian of records,the City Clerk, at 1666 N.Main St., Walnut Creek. b. The City Council hereby adopts the negative declamation. Section 2. Decision Article 6 is hereby added to Chapter 3 of the Walnut Creek Municipal Cade to read as follows : Ardele 6. Construction Debris Rec�I�t ,Sem'3-3.600 Definitionx For the purposes of this Article 6,the following definitions shall apply: a. "Applicant"means any individual, firm, limited liability company,association, partnership,political subdivision, government agency,municipality,industry,public or private corporation,or any other entity whatsoever who applies to the City for the applicable permits to undertake construction,demolition, or renovation project within the City. b. "Construction"means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure. c. "Construction and Demolition Debris"or"C&D Debris"means used or discarded materials removed from premises during construction or renovation of a structure resulting'from construction,remodeling,'repair,or demolition operations on any pavement,house, commercial building, or other structure. d. "Conversion Rate"means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Article for use in estimating the volume or weight of materials identified in a Waste Management Plan. e. "Covered Project"shall have the meaning set forth in Section 3(a)of this Article. f. "Deconstruction"means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling. g "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. h. "Divert"means to use material for any purpose other than disposal in a landfill or transformation facility. i. "Diversion Requirement"means the diversion of a percentage, as determined from time to time by the WMP Compliance Official,of the total Construction and Demolition Debris generated by a Project via reuse or recycling,unless the Applicant has been granted an Infeasibility Exemption pursuant to Section 5-3.605, in which case the Diversion Requirement shall be the maximum fcasible diversion rate established by the WMP Compliance Official for the Project. j. "Noncovered Project"shall have the meaning,set forth in Section 3(b)of this Article. k. "Project"means any activity,which requires an application for a building or demolition permit, or any similar permit from the City. 1. "Recycling"means the process of collecting, sorting, cleansing,treating, and reconstituting materials that would otherwise become solid waste,and returning them to the economic mainstream in the form of raw material for new,reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. 1. "Renovation"means any change, addition,or modification in an existing structure. in. "Reuse"means further or repeated use of Construction or Demolition Debris. n. "Salvage"means the controlled removal of Construction or Demolition Debris from a permitted building or demolition site for the purpose of recycling,reuse, or storage for later recycling or reuse. o. "Waste Management Plan"means a completed WMP forma approved by the City for the purpose of compliance with this Article, submitted by the Applicant for any Covered Project. p. "WMP Compliance Official"means the Community Development Director or his or her designee. Sec. 5-3.602. Threshold;for Covered Project& a. Covered Projects: All construction,demolition,and renovation projects within the City,the total costs of which are,or are projected to be, greater than or equal to $50,000.00, or which involve the construction,demolition or renovation of 5,000 square feet or more("Covered Projects")shall comply with this Article 6. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcels, as determined by the WMP Compliance Official, shall be deemed a single project. b. Noncovered Projects. Applicants for construction,demolition, and renovation projects within the City which are not Covered Projects("Noncovered Projects") shall be encouraged to divert as much project-related construction and demolition debris as possible c. wilding and Demolition Permits: No building, site development or demolition permit shall be issued for a Covered Project unless and until the WMP Compliance Official has approved a WMP for the project. Compliance with the provisions of this Article shall be listed as a condition of approval on any building, site development or demolition permit issued for a Covered Project. (32, turd.No. 1976, Jeff Jan. I, 2001) Sea 5-3 603 Submission of'Waste Management Flan. a. WMP Forms: Applicants for building,demolition, or site development permits involving any Covered Project shall complete and submit a Waste Management Plan("WMP"),on a WMP form approved by the City for this purpose as part of the application;packet for the building, demolition,or site development permit. The completed WMP shall indicate all of the following: 1. The estimated volume or weight of project debris,by materials type, to be ,generated, 2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling:; 3. The vendor or facility that the Applicant proposes to use to collect or receive the materials; and 4. The estimated volume or weight of materials that will be landfilled. b. Calculating Volume and Weight of Debris: In estimating the volume or weight of materials identified in the WMP, the Applicant shall use the standardized Conversion Rates approved by the City for this purpose. c. Deconstruction: In preparing the WMP, applicants for building,demolition, or site development permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and>shall make the materials generated thereby available for salvage prior to landfilling. Sec. 5-3.604. ReWew of WMP a. Approval: Notwithstanding any other provision of this Code,no building, demolition,or site development permits shall be issued for any Covered Project, nor shall any demolition,construction or renovation take place on any Covered Project, unless and until the WMP Compliance Official has approved the WMP. The WMP Compliance Official shall only approve a WMP;,ifhe or she first determines that all of the following conditions have been met. 1. The WMP provides all of the information set forth in Section 4 of this Article, 2. The WMP indicates that at least the required percentage, as such percentage may be established from time to time by the WMP Compliance Official,of all C&D debris generated by the Project will be diverted. If the WMP Compliance Official determines that these two conditions have been met,he or she shall mark the WMP"Approved"and return a copy of the WMP to the Applicant. b. Nonapproval: If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that the required percentage of all C&D debris generated by the Project will be reused or recycled,he or she shall either: 1. Return the WMP to the Applicant marked"Denied,"including a statement of reasons, or 2. Return the WMP to the Applicant marked"Further Explanation Required" Sec. 5-3.605. Infeasibility Exemption a. Application: If an Applicant for a Covered Project experience unique circumstances that the Applicant believes make it infeasible to comply with the Diversion Requirement, the Applicant may apply for an exemption at the time that he or she submits the WMP required under Section 5-3.6014 above. Increased casts to the Applicant generally will not be a sufficient bases for an exemption unless such costs are extraordinary. The Applicant shall indicate on the WIMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the Diversion Requirement. b. Meeting with WMP Compliance Official: The WMP Compliance Official shall review the information supplied'by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. Upon request of the City, the WMP Compliance Official may request the staff from the Central Contra Costa Solid Waste Authority attend this meeting or may require the Applicant to request a separate meeting with Central Contra Costa Solid Waste Authority staff. Based on the information supplied by the Applicant and,if applicable,Central Contra Costa Solid Waste Authority staff, the WMP Compliance Official shall determine whether it is possible for the Applicant to meet the Diversion Requirement. c. Granting of Exemption: If the WMP Compliance Official determines that it is infeasible for the Applicant to meet the Diversion Requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the Applicant. The WMP Compliance Official shall return a copy of the WMP to the Applicant marked"Approved for Infeasible Exemption." d. Denial of Exemption: If the WHIP Compliance Official determines that it is possiblefor the Applicant to meet the Diversion Requirement,ment,he or she shall so inform the Applicant in writing. The Applicant shall have 30 days to resubmit a WMP form in full compliance with Section 5-3.604 above. If the Applicant'fails to resubmit the WMP, or if the resubmitted WMP does not comply with Secti 3. Noncompliance: if the WMP Compliance Official determines that the Applicant has not made<a good faith effort to comply with this Article, or if the Applicant fails to submit the documentation required by subsection(a)of this Section within the , required time period, then the Applicant shall be in violation of this Article and be liable for a civil penalty, in addition to any other remedy provided by this Article. No certificates of occupancy or other permits or approvals relating to the Project site shall be issued by the City until the civil penalty has been paid in full. Sec. 5-3.607. Enforcement a. Criminal Penalties.Any person who violates any provision of this Article, including but not limited to noncompliance with a WMP, shall be guilty of an infraction. The penalty upon conviction of such person shall be a fine as set forth in section 1-2.01 of this Code. b. Civil Penalties. Any person who violates any provision of this Article, including but not limited to noncompliance with a WMP, shall be liable to the City for a civil penalty of$1,000 or 1% of the total cost of the project, whichever is greater. The WMP Compliance Official may,in his or her sole discretion,reduce the amount to the civil penalty in the event of mitigating circumstances. C. Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative and in addition to any other remedy the City may have at law or in equity, including but not limited to injunctive relief to prevent violatio of this Chapter." Section 3. Effective Date This ordinance shall take effect on January 1, 2001: EXHIBIT D BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE _ IN THE MATTER OF: Adding a new Chapter 5-6 to Title 5 ) of the Lafayette Municipal Code and comprising Sections 5-601 through 5-609 } of the Lafayette Municipal Code regarding } Ordinance No.535 construction and demolition debris recycling: } The City Council of the City of Lafayette does ordain as fellows: Section L Finding The City Council ends the following: I. The State of California through its California Waste Management Act of 1959,Assembly Bill 939("AB 939"),requires that each local jurisdiction in the state divert 50 percent of discarded materials from landfills. 2. In compliance with AB 939,the City Council adopted the City of Lafayette's Source Reduction and Recycling Element and Household Hazardous Waste Element on August 10, 1992 and Non-Disposal Facilities Element on August 9, 1993. 3. Reusing and recycling construction and demolition debris is essential to reduce waste and comply with AB 939 since construction and demolition debris make up approximately 30 percent'of California's waste stream: 4. Construction and demolition debris waste reduction and recycling have proven to reduce the amount of such materials that are landfilled and to be cost-effective. 5. Except in unusual circumstances,it is feasible to divert an average of at least 50 percent of all construction and demolition debris'from construction,demolition and renovation projects. 6. As a member of the Central Contra'Costa Solid Waste Authority("CCCS WA"),the City of Lafayette has participated in the CCCS WA.'s efforts to reduce construction and demolition debris landfilled. 7. The City of Lafayette is joining other cities in Contra Costa County and California in adopting an ordinance that requires construction,'demolition and renovation projects to recycle at least a portion of the resultant debris: 8. To ensure compliance with this chapter and to ensure the applicants that comply with this chapter are not placed at a competitive disadvantage,it is necessary to impose a performance security provision. 9. In Tune 2002,the California Integrated Waste Management Board approved the City of Lafayette's 45 percent year 2000 diversion rate and AB>9393 compliance citing its"good faith efforts". Ordinance No.535 Page i of 7 F\ComRecyclinglf'&D\Reguiatidns\Lafayette FINAL ordinance535.ccdebrisrecycling.10 1 502.doc 10. A Negative Declaration found that implementation of ordinance will;not result in any significant adverse environmental impacts, and the Negative Declaration was adopted by the City Council on October 15,2002. Section 2.A new Chapter 5-6 comprising sections 5-601 through 5-609 is added to Title 5 of the Lafayette Municipal Code to read as follows: "CHAPTER 5-6 CONSTRUCTION AND DEMOLITION DEBRIS,RECYCLING 5-601 Definitions. 5-602 Thresholds for covered projects. 5-603 Submission of a waste management plan. 5-604 Performance security. 5-605;Review of a waste management plan. 5-606 Compliance with a waste management plan. 5-607 Infeasibility exemption. 5-608 Appeal. 5-609 Enforcement. 5-601 Definitions. For the purposes of this chapter,the following definitions shall apply: A. "Applicant"means any individual, firm, limited liability company,association,partnership, political subdivision,government agency,municipality,industry,public or private corporation,or any other entity whatsoever who applies to the city for the applicable permits or approvals to undertake construction,demolition or renovation projects within the city. B. "Construction"means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. C. "Construction and demolition debris"("C&D debris")means used or discarded materials removed from premises during construction or renovation of a structure;resulting from construction,remodeling,repair or demolition operations on any pavement,residential or commercial building or other structure. D. "Conversion factor"means the value set forth in the standardized volume-to-weight conversion table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan. E. "Covered project"means projects that shall be subject to the requirements of section 5-602A of this chapter. F. "Deconstruction"means theprocess of carefully dismantling a building or structure in order to;salvage components for reuse or recycling. G. "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. Ordinance No.535 Page 2 of 7 F:\ComRecycling\C&D\Regulations Lafayette FINAL ordinance535.cedebrisrecycling.101502.doc utu H. "Divert"means to use material for any purpose other than disposal in a landfill or transformation facility. I. "Diversion requirement"means redirection from the waste stream of at least 50 percent of the total construction and demolition debris generated by a project via reuse or recycling,unless the applicant has been granted an infeasibility exemption pursuant to section 5-607,in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project. J. "Noncovered project"shall have the meaning set forth in subsection 5-602B of this chapter. K. "Project"'means any activity,which requires an application fora building,grading or demolition permit,or any similar permit from the city. L. "Recycling"means the process of collecting,sorting,cleansing,treating and reconstituting materials that would otherwise become solid waste,and returning therm to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. M. "Renovation"means any change,addition or modification in an existing structure. N. "Reuse"means further or repeated use of materials in their original form. O. "Salvage"means the controlled removal of construction or demolition'debris from a permitted building or demolition site for the purpose of recycling,reuse or storage for later recycling or reuse. P. "Tenant improvements"means a project involving structural or other modifications to an existing developed property resulting in the generation of C&D debris. Q "Total costs"means the total`construction value of the project using standard commercial and residential valuation formulas. R. "Vendor"means a commercial recycler permitted by CCCSWA. S. "Waste management plan"("WMP")means a completed WMP form,approved by the city for the purpose of compliance with this chapter,submitted by the applicant for any covered project.The WMP shall identify C&D debris materials that will be generated for disposal and recycling and shall contain actual material weight or volume and disposal and recycling receipts. T. "WMP compliance official"e official")means the designated city employee(s)authorized and responsible for implementing this chapter. 5-602 Threshold for covered projects; A. Covered'projects.All construction,demolition and renovation projects within the city,the total costs of which are,or are projected to be, greater than or equal to$50,000,or which involve the construction,demolition or renovation of 5,000 square feet or more shall'be considered covered projects and shall comply with this chapter.For the purposes of determining whether a project meets the foregoing thresholds,all phases of a project and all Ordinance No.535 Page 3 of 7 F:\ComRecycling\C&D\Regulatlons\Lafayette FINAL,ordinance535.cedebrisrecycling.101 502.doc related projects taking place on a single or adjoining parcels,as determined by the official, shall be deemed a single project. B. Noncovered projects. Construction,demolition and renovation projects within the city that have not met the threshold for covered projects shall be considered noncovered projects. Applicants for noncovered projects shall be encouraged to divert as much project-related C&D debris as possible. C. Public projects undertaken by the city or redevelopment agency.All construction,demolition and renovation projects undertaken by the city or redevelopment agency whose total costs are equal to or greater than$50,400,or which involve the construction,demolition or renovation of 5,000 square feet or more shall be considered covered projects for the purposes of this chapter.The project sponsor shall submit a WPM to the official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter. D. Building,grading and demolition permits.No building,grading or demolition permit shall be issued for a covered project unless and until the official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building,grading or demolition permit issued for a covered project. 5-603 Submission of a waste management plan. A. WMP form. Applicants for any covered projects shall complete and submit aWMP on a form approved by the city for this purpose as part of the application submittal requirements for a building,grading or demolition permit.The completed WMP shall indicate all of the following: 1. A list of the C&D debris material types to be generated;and 2. An acknowledgement of responsibility that the applicant understands the consequences of not meeting the 50 percent diversion requirement and that the applicant is responsible for the actions of their contractors or other agents with regard to the diversion requirement. B. Deconstruction.In preparing the WPM,an applicant for covered project involving the removal of all or part of an existing structure shall consider deconstruction,to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. 5-604 Performance security. The applicant shall submit a performance security with the WMP. The amount of the performance security shall be calculated as a percentage of a project's total costs,as follows: Project Total Costs Performance Security--% Performance Security— 50,000—500,000 2.00 1,000— 10,000 500,001 - 1,000,000 1.75 10,000—;18,754 1,000,001 —2,400,000 1.50 18,750—33,750 2,000,001 —5,000,000 1.25 33,750—91,250 Above 5,000,000 1.00 91,250 and u Ordinance No.535 Page 4 of 7 F:\ComRecycling\C&I7\Regulations\Lafayette FINAL ordinance535.ccdebrisrecycling.101542.doc 5-605 Review of a waste management plan. A. Approval. Notwithstanding any other provision of the Lafayette Municipal Code,no building, grading or demolition permits shall be issued for any covered project,nor shall any demolition,construction or renovation take place on any covered project,unless and until the official has approved the WMP. Approval shall not be required,however,when the city determines an emergency demolition is requiredto protect public health or safety.A WMP shall be approved only if the official determines that the following conditions have been met: 1. The WMP provides all of the information"set forth in subsection 5-603A, and 2. The WMP'indicates that at least 50 percent of all C&D debris generated by the project will be diverted.' If the official determines that these two conditions have been met,the WMP shall be marked as"Approved"and a copy of the WMP P returned to the applicant. B. Nonapproval.If the official determines that the WMP does not comply with the provisions of section 5-603A,the official shall either: 1. Return to the applicant the WP marked"Denied",including a statement of reasons for nonapproval;or 2. Return to the applicant the WMP marked"Further Explanation Required". 5-606 Compliance with a waste management flan. A. Documentation.Within 30 days after the completion of any covered project,the applicant shall submit documentation that it :met the diversion requirement for the protect to the official. Thisdocumentationshall include the following: I. A copy of the previously approved WMP for the project with the addition of the actual material volume or weight generated by the project; 2. Receipts from berth disposal and recycling facilities and/or venders that received each material showing whether the material was landfilled or recycled,and 3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. B. Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available.To the extent practical,all C&D`'debris shall'be weighed by measurement on scales. Such scales shall'be in compliance with all regulatory requirements for accuracy and maintenance.For C&D debris for which weighing is not practical due to small size or to other considerations as determined by the official,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. Ordinance No.535 Page 5 of 7 F.1ComRecycling\C&D\ egulations\Lafayette FINAL ordinance535.ccdebrisrecyciing.I01502.doc r C. Determination of compliance. The official shall review the information submitted pursuant to subsection 5-606A and determine whether the applicant has complied with the diversion requirement as follows: 1, Full compliance.if the official determines that the applicant has fully complied with the diversion requirement applicable to the project,such compliance shall be indicated on the WIMP and the full performance security shall be released to the applicant within 30 days after full compliance is determined. 2. Good effort to comply.If the diversion requirement;has not been achieved,the official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the chapter.In making this determination,the official shall consider the availability of markets for the C&D debris landfilled,the size of the project and the documented efforts of the applicant to divert the C&D debris. If the official determines that the applicant has made a good faith effort to comply with this chapter,such determination shall be indicated on the WMP and the full performance security shall be released to the applicant within 30 days after full compliance is determined. 3. Noncompliance.If the official determines that the applicant has not complied with the WMP,only that portion of the performance security equivalent to the portion of C&D debris actually diverted compared to the portion that should have been diverted,according to the WMP shall be released to the applicant.Any portion of the performance security not released to the applicant shall be forfeited to the city to recover the costs of administering the provisions of this chapter.If the official determines that the applicant has fully failed to comply with the WMP or other provisions of this chapter,then the full amount of the performance security shall be forfeited to the city to recover the casts of administering the provisions of this chapter. 5-607 Infeasibility exesWion. A. Application.If an applicant for a covered project experiences unique circumstances that the applicant believes makes it infeasible to comply with the diversion requirement,the applicant may apply for an exemption at the time that the WMP is submitted as required under section 5-603.The applicant shall indicate on the WMP the minimum rate of diversion that is feasible for each material and the specific circumstances that makes it>infeasible to comply with the diversion requirement. Increased costs to the applicant generally will not be sufficient basis for an exemption unless such costs are extraordinary. B. Meeting with the official.The official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement.The official may request staff from the CCCSWA to attend this meeting or may require the applicant to request a separate meeting with CCCSWA staff.Based on the information supplied by the applicant and,if applicable,CCCSWA staff,the official shall determine whether it is possible for the applicant to meet the diversion requirement. C. Granting of exemption.If the official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances,the official shall determine the minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant.The official shall return a copy of the WMP to the applicant marked"Approved for Infeasible Exemption". Ordinance No.535 Page 6of7 F.\CotnRecycling\C&D\Regulations\Lafayette FINAL ordinance535.ccdebrisrecycling.10 1 502.doc D. Denial of exemption.If the official determines that it is possible for the applicant to meet the diversion requirement,the official shall so inform the applicant in writing.The applicant shall have 30 days to resubmit a WMP form in compliance with section 5-603.If the applicant fails to resubmit the WMP,or if the resubmitted WMP does not comply with subsection 5-605A, the official shall deny the WMP in accordance with subsection 5-605$. 5-605 Anneal. Appeal of a determination made under this chapter shall be made to the city council pursuant to Section 1-214 of the Lafayette Municipal Code and shall be limited to 1)the granting or denial of an exemption or 2)whether the applicant has made a good faith effort to comply with the WPM. 5-609 Enforcement. Violation of any provision of this chapter may be enforced through remedies pursuant to the Lafayette Municipal Code, including Chapters 1-3, 1-9 and l-10." Section 3.Severability.If any section, subsection, subdivision,paragraph, sentence,clause or phrase of this Chapter 5-6,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 effect the validity or effectiveness of the remaining portions of this Chapter 5-6 or any part thereof.The City Council hereby declares that it would have passed each section,subsection,subdivision, paragraph,sentence,clause or phrase of this Chapter 5-6 irrespective of the fact that one or more sections,subsections,subdivision,paragraphs,sentences,clauses or phrases be declared unconstitutional,invalid or ineffective.To this end the provisions of this Chapter 5-6 are declared to be severable. Section 4.Effective Hate.This ordinance becomes effective thirty(30)days after its adoption. Section 5.Publicstiun.The City Clerk shall either(a)have this ordinance published in a newspaper of general circulation once within fifteen(15)days after its adoption,or(b)have a summary of this ordinance published twice in a newspaper of general circulation,once five(5) days before its adoption and again within fifteen(15)days after adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Lafayette held on September 9,2002,and was adopted,as amended,and ordered published at a meeting of the City Council held on October 15, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED: Don Tatzin,Mayor ATTEST: Joanne Robbins,City Clerk Ordinance No.535 Page 7 of 7 F:1CornRecycling\.C&:D\Regulations\Lafayette FINAL ordinance535.ccdebrisrecycling.101502.doe