HomeMy WebLinkAbout711 - Ordinances ORDINANCE NO. 711
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA
ADDING A NEW SECTION 18.290 TO CHAPTER 18.19 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE, RELATING TO
RECYCLING AND DIVERSION OF CONSTRUCTION AND
DEMOLITION WASTE
The City Council of the City of Rancho Cucamonga, California, does hereby
ordain as follows:
WHEREAS, waste generated in construction and demolition projects accounts
for a significant portion of the materials deposited in landfills; and
WHEREAS, a large percentage of such waste is composed of recyclable
materials; and
WHEREAS, the City desires to implement a program to encourage the diversion
of construction and demolition waste from landfill disposal; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
RANCHO CUCAMONGA:
SECTION 1: The City Council of the City of Rancho Cucamonga hereby finds
and determines that the City is committed to protecting the public
health, safety, welfare and environment; that in order to meet
these goals it is necessary that the City promote the reduction of
solid waste and reduce the stream of solid waste going to land
fills; that under California law as embodied in the California Waste
Management Act (California Public Resources Code Sections
40000 et seq.), Rancho Cucamonga is required to prepare, adopt
and implement source reduction and recycling elements to reach
reduction goals, and is required to make substantial reductions in
the volume of waste materials going to landfill, under the threat of
penalties of $10,000 per day; that Waste from demolition and
construction of buildings represents a large portion of the volume
presently coming from Rancho Cucamonga, and that much of that
waste is particularly suitable for recycling; that Rancho
Cucamonga' s commitment to the reduction of waste and to
compliance with state law requires the establishment of programs
for recycling and salvaging construction and demolition materials;
the City Council recognizes that requiring demolition and
construction Waste to be recycled and reused may in some
respects add modestly to the cost of demolition and in other
respects may make possible some cost recovery and cost
reduction; and that it is necessary in order to protect the public
health, safety and welfare that the following regulations be
adopted.
Ordinance No. 711
Page 2 of 8
SECTION 2: Section 18.290 of Chapter 18.19 of the Rancho Cucamonga
Municipal Code is hereby revised to read as follows:
18.19.290 Construction and Demolition Waste
A. For purposes of this Section, the following definitions apply:
1. "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, demolition, remodeling, or landscaping service relating
to buildings or accessory structures in Rancho Cucamonga.
2. "Construction" means all building, landscaping, remodeling, addition,
removal or destruction involving the use or disposal of Designated
Recyclable and Reusable Materials as defined in paragraph D below.
3. "Demolition and Construction Waste" means:
a. Discarded materials generally considered to be not water soluble and
non-hazardous in nature, including but not limited to steel, glass,
brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber
from the construction or destruction of a structure as pad of a
construction or demolition project or from the renovation of a structure
and/or landscaping, and including rocks, soils, tree remains, trees,
and other vegetative matter that normally results from land clearing,
landscaping and development operations for a construction project.
b. Clean cardboard, paper, plastic, wood, and metal scraps from any
construction and/or landscape project.
c. De-minimis amounts of other non hazardous wastes that are
generated at construction or demolition projects, provided such
amounts are consistent with best management practices of the
industry.
4. "Designated Recyclable and Reusable Materials" means:
a. Masonry building materials including all products generally used in
construction including, but not limited to asphalt, concrete, rock, stone
and brick.
b. Wood materials including any and all dimensional lumber, fencing er
construction wood that is not chemically treated, creosoted, CCA
pressure treated, contaminated or painted.
c. Vegetative materials including trees, tree pads, shrubs, stumps, logs,
brush or any other type of plants that are cleared from a site for
construction or other use.
d. Metals including all metal scrap such as, but not limited to, pipes,
siding, window frames, doorframes and fences.
Ordinance No. 711
Page 3 of 8
e. Roofing Materials including wood shingles as well as asphalt, stone
and slate based roofing material.
f. Salvageable Materials includes all salvageable materials and
structures including, but not limited to wallboard, doors, windows,
fixtures, toilets, sinks, bath tubs and appliances.
B. Every structure planned for demolition shall be made available for
deconstruction, salvage and recovery prior to demolition. It shall be the
responsibility of the owner, the general contractor and all subcontractors to
recover the maximum feasible amount of salvageable designated recyclable
and reusable materials prior to demolition. Recovered and salvaged
designated recyclable and reusable materials from the deconstruction phase
shall qualify to be counted in meeting the diversion requirements of this
chapter. Recovered or salvaged materials may be given or sold on the
premises, or may be removed to reuse warehouse facilities for storage or
sale.
C. At least the following specified percentages of the waste tonnage of
demolition and construction Waste generated from every demolition,
remodeling and construction project shall be diverted from going to land fill by
using recycling, reuse and diversion programs:
Demolition:
Fifty - Seventy-five percent (50%-75%) of waste tonnage
including concrete and asphalt, and fifteen percent (15%) of waste
tonnage excluding concrete and asphalt.
Reroofing of homes with shingles or shakes as a separate project:
Fifty - Seventy-five percent (50%-75%) of waste tonnage.
Construction and Remodeling:
Fifty - Seventy-five percent (50%-75%) of waste tonnage.
Separate calculations and reports will be required for the demolition and for
the construction portion of projects involving both demolition and
construction.
D. Every applicant shall submit a properly completed "Recycling and Waste
Reduction Form" from the C&D Guidelines Handbook, on a form as
prescribed by the City Engineering Division, to the Building Department, as a
portion of the building or demolition permit process. The form shall contain an
accurate estimate of the tonnage or other specified units of construction
and/or demolition Waste to be generated from construction and demolition on
the site. Approval of the form as complete and accurate shall be a condition
precedent to issuance of any building or demolition permit.
Ordinance No. 711
Page 4 of 8
E. As a condition precedent to issuance of any permit for a building or a
demolition permit that involves the production of solid waste that may be
delivered to a landfill, the applicant shall post a cash deposit in accordance
with the scape section 3, but not less than five thousand dollars ($5,000.00).
All residential single family homes up to 4 units are exempt. The deposit or
cash bond shall be returned, without interest, in total or in proportion, upon
proof to the satisfaction of the building official, that no less than the required
percentages or proven proportion of those percentages of the tons of Waste
generated by the demolition and /or construction project have been diveded
from landfills and have been recycled or reused. If a lesser percentage of
tons or cubic yards than required is diverted, a proportionate share of the
deposit will be returned. The deposit shall be forfeited entirely or to the extent
that there is a failure to comply with the requirements of this chapter.
F. As a condition precedent to issuance of any permit for a building or a
demolition permit that involves the production of solid waste that may be
delivered to a landfill, the applicant shall pay to the City a cash fee sufficient
to compensate the City for all expenses incurred in administering the permit.
The amount of this fee shall be determined in accordance with the current
resolution of the City Council determining the same.
G. Within sixty (60) days following the completion of the demolition project, and
again within sixty (60) days following the completion of the construction
project, the contractor shall, as a condition precedent to final inspection and
to issuance of any certificate of occupancy, submit documentation to the
Building Department, which proves compliance with the requirements of
Section 18.19.040. The documentation shall consist a final completed
"Recycling and Waste Reduction Form" showing actual data of tonnage of
materials recycled and diverted, supported by originals 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
materials generated from the site have been or are to be recycled, reused,
salvaged or otherwise disposed of. If a project involves both demolition and
construction, the report and documentation for the demolition project must be
submitted and approved by the Building Department before issuance of a
building permit for the construction project. In the alternative, the permitee
may submit a letter stating that no waste or recyclable materials were
generated from project, in which case this statement shall be subject to
verification by the Building Department. Any deposit posted pursuant to
Section E shall be forfeited if the permitee does not meet the timely reporting
requirements of this section.
H. Each violation of the provisions of this chapter shall constitute a public
nuisance and be subject to abatement as such, pursuant to the provisions of
Chapter 8.20 of this Code. The costs of abatement of any such nuisance
shall be a lien upon the property involved.
Ordinance No. 711
Page 5 of 8
SECTION 3:
A. Except as otherwise specified in this Part, on July 1, 2002, each person who
applies for a building permit pursuant to Chapter 17.010 of this Code shall
apply for a construction and demolition waste clearance document to be
issued by the Building Official. On or after July 1, 2002, no building permit
shall be issued unless the applicant submits the clearance document issued
by the Building Official.
B. Except as otherwise specified in this Part, on or after July 1, 2002, each
person who applies for a building permit pursuant to Chapter 17.010 of this
Code shall remit a diversion deposit in the amount set forth by resolution of
the City Council. The diversion deposit shall be remitted at the same time the
permit application is flies.
C. Neither a construction and demolition waste clearance document nor a
diversion deposit shall be required for the following:
All residential single-family homes up to 4 units.
All construction projects of less than $100,000 in value.
[] Roofing projects that do not include tear-off of existing roof.
Work for which only a plumbing permit, only an electrical or mechanical
permit is required.
D. Deposits as prescribed on a square footage basis:
Square Footaqe Total Deposit Valuation
1,000 - 9,999 $ 5,000 >$100,000
10,000- 19,999 $10,000 >$100,000
>20,000 $15,000 >$100,000
SECTION 4:
A. The Building Official may authorize the refund of any diversion deposit, which
was erroneously paid or collected.
B. The Building Official may authorize the refund of any diversion deposit when
the building permit application is withdrawn or cancelled before any work has
begun.
C. The Building Official may authorize the refund of a diversion deposit when at
least fifty percent (50%) of the waste generated by the project was diverted
from landfill disposal.
Ordinance No. 711
Page 6 of 8
D. The Building Official may authorize a partial refund of a diversion deposit
when less than fifty percent (50%) by weight of the waste generated by the
project was diverted from landfill disposal. The partial refund shall not
exceed that portion of the diversion waste bears to fifty percent (50%) by
weight of the total waste generated.
E. The Building Official shall not authorize the refund of any diversion deposit, or
any portion thereof, unless the original building permit applicant files a written
request for refund and provides documentation satisfactory to the Building
Official in support of the request.
SECTION 5:
A. For the purpose of this Part, "diverted" or "diversion" means a reduction of
the amount of waste being disposed in landfills by any of the following
methods:
B. Use of new construction method, as described in regulations promulgate by
the Building Official,that reduce the amount of waste generated.
C. On-site re-use of waste.
D. Delivery of the waste from the site to a certified Recycling Facility described
in Section 6.
E. Other methods as approved in regulations promulgated by the Building
Official.
F. All of the waste diversion, methods which may qualify for a refund of a
diversion deposit are subject to restrictions and documentation requirements
set forth in regulations promulgated by the Building Official.
SECTION 6:
A. For the purpose of this Part, a Certified Recycling Facility means a recycling,
composting, materials recovery or re-use facility for which the State of
California has issued a certification pursuant to regulations promulgated by
the Building Official.
B. The Building Official shall issue a certification only if the owner or operator of
the facility submits documentation satisfactory to the Building Official:
1. That the facility has obtained all applicable Federal, State, and local
permits, and is in full compliance with all applicable regulations; and
Ordinance No. 711
Page 7 of 8
2. The percentage of incoming waste form construction, demolition, and
alteration activities that is diverted from landfill disposal meets the
required minimum percentage set forth in regulations promulgated by the
Building Official.
C. The City shall make available to each building permit applicant paying a
diversion deposit a current list of Certified Recycling Facility.
SECTION 7: Moneys received by the City as diversion deposits shall be used
only for:
A. Payment of diversion deposit refunds;
B. Costs of administration of the program established by this Part;
C. Cost of programs whose purpose is to divert from landfill disposal the waste
from construction, demolition and alteration projects; and
D. Costs of programs whose purpose is to develop or improve the infrastructure
needed to divert from landfill disposal the waste from construction, demolition
and alteration projects.
SECTION 8: If any section, subsection, sentence, clause, phrase, or portion of
this ordinance or the application thereof to any person or
circumstances is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof nor
other applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the
provisions of this ordinance are declared to be severable.
SECTION 9: This Ordinance shall be posted in at least three public places
within the City of Rancho Cucamonga and shall be effective from
and after thirty (30) days following its adoption.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 711
Page 8 of 8
PASSED, APPROVED, AND ADOPTED this 6th day of August 2003.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
None ~
W~J. Alexander, Mayor
A'I-rEST:
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 16th day of July 2003, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
6th day August of 2003.
Executed this 7th day of August 2003, at Rancho Cucamonga, California.
~ms,~C, City Cler~