Ordinance - 2209ORDINANCE NO. 2209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 7 OF THE WEST
COVINA MUNICIPAL CODE, ARTICLE XVI WASTE REDUCTION,
REUSE, AND RECYCLING OF CONSTRUCTION AND DEMOLITION
DEBRIS
WHEREAS, the City Council of the City of West Covina desires to adopt provisions
encouraging the recycling of Construction and Demolition debris; and
WHEREAS, a large percentage of such waste is composed of readily recyclable materials;
and
WHEREAS, the City desires to implement a program to encourage the diversion of
construction and demolition waste from landfill disposal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of West Covina hereby finds as follows:
(1) That the State of California through its California Waste Management Act of 1989, Assembly
Bill 939 (AB 939) requires that each local jurisdiction in the state divert 50% or more of
discarded materials (based on per capita disposal in accordance with SB 1016)
(2) That every city and county in California, including the City of West Covina, could face fines up
to $10,000 a day for not meeting the above mandated goal.
(3) That Construction and Demolition ("C&D") debris accounts for a significant portion of the
mixed solid waste disposed of at landfills.,
(4) That reusing and recycling C&D debris is essential to further the City's efforts to reduce waste
and comply with AB 939.
(5) That, except in unusual circumstances, it is feasible to divert an average of at least fifty percent
(50%) of all C&D debris from construction, demolition, grading, and renovation projects.
(6) That recycling asphalt, a form of C&D debris, can save money for local governments and other
purchasers, create additional business opportunities, save energy when recycling is done on site,
conserve diminishing resources of urban aggregates, and help local governments meet the goal
of reducing disposal by 50%.
(7) That the recycling of asphalt is widely practiced by many other local jurisdictions in Southern
California.
(8) That most C&D contractors already divert most of their waste from landfill disposal, but no
credit is given to the local jurisdiction.
(9) That implementing a C&D debris reduction, reuse and recycling program in the City of West
Covina will contribute to the health, safety, and general welfare of City residents and residents
of the State of California.
SECTION 2. Chapter 7 (Buildings & Building Regulations) of the West Covina Municipal Code is
hereby amended by the amendment of Article XVI, as follows:
ARTICLE XVI. WASTE REDUCTION, REUSE AND RECYCLING OF
CONSTRUCTION AND DEMOLITION DEBRIS.
See.7-260. Title.
The ordinance codified in this chapter shall be known and designated as the "Waste
Reduction, Reuse and Recycling of Construction and Demolition Debris" ordinance.
Ordinance No. 2209
Page 2
Sec. 7-260.1. Purposes of chapter.
The purpose of this chapter is to reduce landfill waste by requiring an applicant for every
"covered project" 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.
Sec.7-260.2. Definitions.
The following definitions shall govern all terms of this Article and shall
supersede any term otherwise defined inconsistently in this Code:
(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 any building, paving, grading,
construction, re -roofing, renovation, or demolition projects within the City.
(b). "Article" means West Covina Municipal Code, Chapter 7, Article XVI. Waste
Reduction, Reuse and Recycling of Construction and Demolition Debris.
(c). "Construction'.' means the building of any facility or structure or any portion
thereof, including any tenant improvements to an existing facility or structure.
(d). "Construction and Demolition Debris" ("C&D") means used or discarded
materials removed from premises during construction or renovation of a
structure resulting from construction, renovation, repair, grading or demolition
operations on any pavement, house, commercial building, vacant lot or other
structure. C&D debris shall be considered `Recyclable Material' as defined by
section 12-16 of this code.
(1) Discarded materials generally considered to be water insoluble and non-
hazardous in nature including but not limited to asphalt, brick, concrete,
glass, gravel, gypsum, masonry, metal, pipe, rock, sand, slate, soil, steel,
stone, wallboard, or otherwise inert material from the construction or
demolition of a structure as part of a construction and/or demolition project
or from the renovation of a structure and/or landscaping, and including
rocks, soils, trees, brush, and other vegetative matter that normally results
from land clearing, landscaping and development operations for a
construction project.
(2) Clean cardboard, construction paper, plastics (including but not limited to
sheeting, molding, and shrink wrap), wood, lighting and piping fixtures, and
metal scraps from any construction and/or demolition project.
(3) Plant materials resulting from construction work when commingled with
dirt, rock, and other inert materials.
(4) De-minimus amounts of other non -hazardous wastes that are generated at
construction and demolition projects provided such amounts are consistent
with best management practices of the industry.
(e). "Contractor" means any person, group or group of persons, consultant,
association, partnership, corporation or other business entity that has a contract
within the City (including suppliers) or serves in a subcontracting capacity with
an entity having a contract within the City for the provision of goods or services.
(f). "Covered Project" shall have the meaning set forth in Sec. 7-261(a) and (b) of
this Article.
Ordinance No. 2209
Page 3
(g). "Demolition" means the destroying, 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 at least fifty percent (50%) of
the total construction and demolition debris generated by a Project via reuse or
recycling, unless Applicant has been granted an exemption, in which case the
diversion requirement shall be the maximum feasible diversion rate.
"Hazardous or Toxic C&D debris" means C&D debris which meets the
definition of hazardous substance or waste, medical waste, radioactive substance
or waste, or toxic substance or waste under any federal, State, or local statute,
regulation, ordinance, or law.
(k). "Project" means any activity that requires an application for a building, paving,
grading, construction, re -roofing, renovation or demolition permit, or any similar
permit from the City.
(1). "Recycling" means the process of collection, 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.
(m). "Valuation" shall be defined by current adopted Building Code and shall
include the total value of work including materials and labor for which the
permit is issued electrical, mechanical, plumbing and other pennanent systems.
(n). "Waste Diversion Plan" (WDP) means a plan to divert an average of at least fifty
percent (50%) of all C&D debris from construction, demolition, grading, and
renovation projects as outlined in Sec. 7-262.
Sec. 7-261. Covered Projects.
(a) "Covered Projects" shall include all construction, demolition, re -roofing with
removal of existing roofing material, grading and renovation projects within the
City that are 1,000 square feet or greater.
(b) "Covered Projects" shall also include all city -funded projects, Public Works and
other capital improvement (CIP) projects, regardless of size.
(c) "Covered Projects" shall fully comply with this Article. Failure to comply with
any of the terms of this Article shall subject the Applicant to the full range of
enforcement mechanisms set forth in Sec. 7-266.
Sec. 7-262. Waste Diversion Plan (WDP).
(a) Prior to permit issuance, applicant(s) for building, paving, grading, construction,
re -roofing, renovation or demolition permits for any `Covered Project' shall
submit the following to the Public Works Department:
(1) A Completed WDP Project Information Form
(2) The Administrative Cost -Recovery Fee: Each application will require an
application fee as detailed in Sec. 7-263. This is the cost for staff time and
materials to review and process documentation related to the administration
of this Article;
(3) Performance Security Deposit as detailed in Sec. 7-264.
Ordinance No. 2209
Page 4
(b) Within ninety (90) days from the final pen -nit inspection approval of the
`Covered Project', the applicant(s) shall submit to the Public Works Department
a completed Waste Diversion Plan (WDP) as a condition for release
Performance Security Deposit. Failure to do so within will forfeit all refunds of
the Performance Security Deposit.
(c) The completed WDP shall indicate all of the following:
(1) The actual tonnage of the project's `C&D Debris', listed by materials type to
be generated. The materials type to be listed include, but are not limited to,
source -separated materials (e.g., asphalt, concrete, concrete block, rocks, dirt
and sand); metals (ferrous and non-ferrous); wood; green materials (e.g., tree
trimmings); red clay brick; corrugated cardboard and wall board; mixed
debris; salvageable items; and other materials as defined in Sec. 7-260;
(2) The actual tonnage of C&D debris' that was feasibly be diverted via reuse
and/or recycling;
(3) The actual tonnage of C&D debris that will be disposed to landfill;
(4) The vendor or facility that the Applicant proposes to use to collect or receive
C&D debris. All such vendors and facilities shall be properly licensed for
such purpose in accordance with all applicable Federal, State, and local
statutes, regulations, ordinances, and laws;
(5) Diversion documentation receipts of materials reused, recycled, and
disposed.
(d) In estimating the tonnage of C&D debris identified in the WDP, the' Applicant
shall use standardized conversion rates to tons approved by the City for this
purpose.
(e) The actual tonnage of waste recycled and disposed must be documented and
verified in the WDP by attaching weight receipts from all recycling facilities,
recycling dealers or waste haulers.
Sec. 7-263. The Administrative Cost -Recovery Fee:
(a) Each application will require an application fee. This is the cost for staff time
and materials to review and process documentation related to the administration
of this Article.
(b) The Administrative Cost -Recovery Fee shall be set by Resolution as approved
by the City Council.
Sec. 7-264. Performance Security Deposit and Refund.
(a) Deposit: The applicant(s) shall submit a Performance Security Deposit with the
"Waste Diversion Plan" (WDP) to the Public Works Department. The amount
of the Performance Security Deposit shall be set by Resolution as approved by
the City Council:
(b) Refund: The Public Works department shall refund the deposit of Sec. 7-264(a)
as follows:
(1) A full refund based on a deposit erroneously paid or collected.
(2) A full refund when a building, paving, grading, construction, re -roofing,
renovation or demolition permit is withdrawn or cancelled before any work
has begun.
Ordinance No. 2209
Page 5
(3) A full refund when at least fifty percent (50%) by weight of the waste
generated by the Project was diverted from disposal and documentation is
provided,
(4) A full refund for applicants meeting exemption status of Sec. 7-265.
(5) No refund in whole or part shall be authorized unless the original building
permit applicant provides complete documentation as. required by Sec. 7-262
and to the satisfaction to the Public Works Department.
(6) No refund in whole or part shall be authorized when the submittal date of the
completed WDP is beyond ninety (90) days from the date of final permit
inspection approval of the Covered Project.
(7) No refund in whole or part shall be authorized unless at least fifty percent
(50%) by weight of the waste generated by the project was diverted from
disposal and documentation is provided.
Sec. 7-265. Fifty Percent (50%) Diversion Exemption.
Applicant(s) for building, paving, grading, construction, re -roofing,
renovation or demolition permits for any `Covered Project' may be exempt from
meeting the fifty percent (50%) diversion requirement and will be entitled to full
refund of the Performance Security Deposit if the applicant(s) use(s) the City
Franchised Hauler/Collector pursuant to Section 12-17 of this Code and provide(s)
the completed documentation as required by Sec. 7-262. Furthermore, the receipts
and/other documentation from the waste hauler/collector must bear the name(s) of
the City'sTranchised Hauler/Collector.
Sec. 7-266. Authority and Enforcement.
(a) The Department of Public Works shall manage the implementation,
coordination, documentation, administration, and enforcement of this Article and
the Waste Diversion Plan.
(b) Violation of any provision of this Article may be enforced by civil action,
including an action for injunctive relief. In any . civil enforcement action,
administrative. or judicial, the City shall be entitled to recover its attorneys' fees
and costs from a person who is determined by a court of competent jurisdiction
to have violated this Article.
(c) Violation of any provision of this Article shall constitute an infraction
punishable by a fine not to exceed $100 for the first violation, a fine not to
exceed $200 for the second violation within one year, and a fine not to exceed
$500 for each additional violation within one year. 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 C&D
materials from the Project have already been landfilled, the violation shall be
deemed to have ceased after a period of ten days.
(d) Enforcement pursuant to this section shall be undertaken by the City of West
Covina.
Sec. 7-267. Hazardous or Toxic C&D debris.
Notwithstanding the provisions of this Article, all Hazardous or Toxic C&D
debris generated by any Project shall be handled and disposed of according to any
and all applicable Federal, State, and local statutes, regulations, ordinances, and
laws. Applicants are encouraged to recycle Hazardous or Toxic C&D debris only to
the extent legally permitted.
Ordinance No. 2209
Page 6
Sec. 7-268. Applicability of other laws.
Nothing in this Article shall relieve any Applicant of the duty to comply with
any and all other applicable statutes, regulations, ordinances, and laws regulating
control and disposal of solid waste. Approval of an Applicant's WDP or other
entitlement granted pursuant to this Article shall not relieve an Applicant of any
legal duties under such laws.
SECTION 3. , If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by
any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Article 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 Article irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the
provisions of this Article are declared to be severable.
SECTION 4. This Article shall take effect thirty (30) days after its passage.
SECTION 5. The City Clerk shall certify the passage and adoption of this Ordinance and it shall
thereupon be in full force and effect.
APPROVED AND ADOPTED on this 151h day of June 2010.
Mayor Shelley. Sanderson
ATTEST: r
City Clerk L'a ` "e Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first. reading at a regular
meeting of the City Council on the 1" day of June 2010. That thereafter said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 15`' day of June 2010, by the
following vote:
AYES: Herfert, Lane, Touhey
NOES: None
ABSENT: Hernandez, Sanderson
ABSTAIN: None
City Clerk Lau `e`Carrico`1
APPROVED AS TO FORM:
40yyttorney old Alvarez-Glasman
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2209 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Posted: June 21, 2010