HomeMy WebLinkAbout713ORDINANCE NO. 713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
CHAPTER 8.20 (SOLID WASTE COLLECTION AND SALVAGE OF RECYCLABLE
MATERIALS) OF TITLE 8 OF THE IRWINDALE MUNICIPAL CODE TO ESTABLISH
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND REUSE
REGULATIONS
WHEREAS, under California law as embodied in the California Waste
Management Act of 1989 (AB 939), California Public Resources Code Sections 40000 et
seq., the City of Irwindale ("City") 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; and
WHEREAS, in order to meet the goals established by AB 939, it is necessary that
the City promote the reduction of solid waste, and more particularly, the stream of solid
waste going to landfills; and
WHEREAS, construction and demolition (C&D) waste can be a significant portion
of a jurisdiction's waste stream, and diverting it from landfills can help jurisdictions achieve
and maintain their diversion goals established by AB 939; and
WHEREAS, waste from C&D and renovation of buildings represents a significant
portion of the volume of waste presently coming from the City's jurisdiction, and much of
this waste is particularly suitable for recycling and reuse; and
WHEREAS, diverting C&D waste from landfills can help jurisdictions such as the
City achieve and maintain its diversion goals established by AB 939; and
WHEREAS, the City's commitment to the reduction of waste requires the
establishment of programs for recycling and salvaging of C&D waste; and
WHEREAS, certain types of projects are exempt from these requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Section 8.20.010 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby amended by adding the third paragraph and shall now read as follows:
"8.20.010 - Legislative policy.
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The city council finds and determines that storage, accumulation, collection and
disposal of refuse, trash, rubbish, solid waste, debris and other discarded material, as
well as recyclable material, is a matter of great public concern, in that improper control of
such matters creates a public nuisance, which may lead to air pollution fire hazards, illegal
dumping, vector breeding and infestation and other problems affecting the health, welfare
and safety of the residents of Irwindale and surrounding cities. The city council further
declares that regulations provided in this chapter are designed to eliminate or alleviate
such problems.
Further, the Legislature of the state of California has enacted the California
Integrated Waste Management Act of 1989 (Division 30 of the California Public
Resources Code, § 40000, et seq.) (the "Act" hereinafter) which evidences the substantial
public health, safety and welfare needs of the citizens of the state with regard to the
appropriate utilization of the resources of the state and directs the cities thereof to embark
upon aggressive solutions to the generation of solid waste and the disposal thereof. The
Act declares that the responsibility for solid waste management is a shared responsibility
of both the state and local governments and establishes goals and objectives for the
management of solid waste, including substantial penalties for failure by local government
to effectively manage the solid waste generated within the community by means of source
reduction and recovery programs, including recycling activities. Pursuant to the Act, this
city has adopted its source recovery and recycling element and this chapter is intended
to assist in the implementation thereof.
Under the Act, the city 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 volume of waste materials going to the landfills. Recycling and
reuse of construction and demolition debris is essential to further the city's efforts to
comply with the goals of the Act. The recycling and reuse of construction and demolition
debris has been proven to significantly reduce the amount of material that is disposed in
landfills. Except in unusual circumstances, it is feasible to recycle and reuse a minimum
of 65 percent of all construction and demolition debris."
SECTION 3. Section 8.20.020 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby amended by adding the following new definitions and replacing the
definitions for the terms "recycling", and "salvage". These definitions shall be placed in
alphabetical order along with the existing definitions and shall read as follows:
"Applicant: 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, remodeling or demolition project within the City."
Construction: The building of any facility or structure or any portion thereof
including any tenant improvements to an existing facility or structure and includes, without
limitation, alterations or improvements to an existing structure.
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"Construction and demolition debris: Non -hazardous excess or discarded
materials which are to be removed from a site during or after the construction, renovation,
repair or demolition of any housing, commercial or industrial building or other structure,
fence, wall or paving."
"Conversion rate: The rate set forth in the standardized conversion rate table
approved by the City pursuant to this chapter for use in estimating the volume or weight
of materials identified in a Waste Diversion Plan."
"Covered Project: Shall have the meaning set forth in Chapter 8.20.311."
"Demolition: The partial or complete decimating, razing, ruining, tearing down or
wrecking of any facility, structure, pavement or building, (wall, fence) whether in whole or
in part, whether interior or exterior."
"Divert/Diversion: To use construction and demolition debris for any purpose other
than disposal in a landfill, incineration facility, or alternative daily cover. Methods to divert
materials from landfills include but are not limited to reuse, salvage, and recycling."
"Project: Any activity, which requires an application for a building (renovation) or
demolition permit, or any similar permit from the City."
"Recycling: 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."
"Renovation: Any change, addition, or modification of an existing structure."
"Reuse: Further or repeated use of construction or demolition debris."
"Salvage: The controlled removal of construction or demolition waste/material from
a permitted building, construction, or demolition site for the purpose of recycling, reuse,
or storage for later recycling or reuse."
"Waste Diversion Plan: A completed Waste Diversion Plan (WDP) form, approved
by the City for the purpose of compliance with this Chapter, submitted by the Applicant
for any Covered Project."
SECTION 4. Section 8.20.301 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.301 — Construction and demolition debris -recycling program.
The purpose of the construction and demolition debris -recycling program is to meet
AB 939 obligations by requiring all applicants of relevant projects to divert a minimum of
sixty-five percent (65%) of the construction and demolition debris resulting from
construction, renovation, and demolition projects. The amount of materials will be
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calculated by weight or volume, but not both. Additionally, this chapter will serve to
establish a program to secure compliance with the above stated diversion requirements."
SECTION 5. Section 8.20.311 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.311 — Construction and demolition debris -recycling program —
Minimum standards, covered projects, and exemptions.
A. Diversion Requirement. It is required that all construction, renovation, and
demolition projects covered under this section shall divert, through recycling and/or
salvage for reuse, a minimum of sixty-five percent (65%) of non -hazardous construction
and demolition debris or the amount required in the most current adopted County of
Los Angeles Green Building Standards Code, whichever is more stringent. This value is
to be calculated by weight or volume, but not by both.
B. Covered Projects. Covered projects shall include:
1. All newly -constructed, additions, and alterations to residential and
commercial buildings within the City shall be subject to the provisions of this section.
Failure to comply with any of the terms of this section shall subject the project applicant
to the full range of enforcement mechanisms set forth in the Irwindale Municipal Code.
2. All city construction, renovation, and demolition projects within the
city shall be considered "covered projects" for the purpose of this section and shall be
subject to all applicable provisions of this section.
C. Exemptions. The following projects are exempt from the requirements of
this section:
1. Work for which a building or demolition permit is not required;
2. Work for which only a plumbing, only an electrical, and/or only a
mechanical permit is required;
safety;
and
3. Roofing projects that do not include tear -off of existing roof;
4. Seismic tie -down projects;
5. Projects where no structural building modifications are required;
6. Emergency demolition required to protect the public health and
7. Commercial/Industrial alterations that are 500 square feet or less;
8. Installation, replacement or repair of the following:
a. Retaining wall;
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b. Patio cover;
C. Deck;
d. Fence;
e. Swimming pool or spa;
f. Sign;
g. Storage racks;
h. Commercial Shade Structures (i.e. Canopy);
i. Pre -fabricated modular building/home;
j. Windows;
k. Partitions; and
I. Foundations.
Notwithstanding the foregoing, it shall be encouraged, that at least 50% of all
project -related existing construction and demolition waste from Exempt projects be
diverted.
D. Request for Exemption Due to Infeasibility. In the event that an Applicant
for a covered project experiences circumstances that the Applicant believes it is infeasible
to comply with the required diversion rate, the Applicant may apply for a diversion
requirement exemption at the time of application. The following process shall apply:
1. The Applicant shall indicate on their submittal the maximum rate he
or she believes is feasible for each material and the specific circumstances that he or she
believes it is infeasible to comply with the diversion requirement.
2. The Building Official or his/her designee shall review the information
supplied by the Applicant and may meet with the Applicant to discuss feasible ways of
meeting the diversion requirement. Based on the information supplied by the Applicant,
the Building Official or his/her designee shall determine whether it is feasible for the
Applicant to meet the diversion requirement.
3. If the Building Official or his/her designee 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.
4. If the Building Official or his/her designee determines that it is
possible for the applicant to meet the diversion requirement, he or she shall so inform the
applicant in writing, and the applicant will be required to comply with the applicable
provisions of this section."
SECTION 6. Section 8.20.312 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.312 — Construction and demolition debris -recycling program — Waste
Diversion Plan.
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A. Prior to starting the covered project, as specified in Section 8.02.311.13,
every Applicant shall indicate if they will use the City's exclusive franchise waste hauler,
or if they will self -haul construction and demolition debris and refuse from the project site
to meet the diversion rate.
B. Applicants shall be required to submit a properly completed Waste
Diversion Plan (WDP) to the City, in a form as prescribed by the City, as a portion of the
building or demolition permit process. The preliminary WDP submitted prior to starting the
project shall contain the following:
1. Project information, project description, and project scope;
2. Applicant and owner information;
3. Owner responsibility form;
4. Determine if materials will be sorted on-site or mixed;
5. The estimated weight or volume of project construction and
demolition debris to be generated, by material type;
6. The maximum weight or volume of such materials that can feasibly
be diverted via reuse, recycling or salvage by material type;
7. Estimated weight or volume of construction and demolition debris
that will be sent to a landfill; and
8. Facility(s) the materials will be hauled to, and their expected
diversion rates (by volume or weight) by material type.
C. Because actual material weights are not available in this stage, estimates
are used. In estimating the weight or volume of material as identified in the WDP, the
Applicant shall use the standardized conversion rates approved by the City for this
purpose. No building or demolition permit shall be issued for any covered project, as
specified in Section 8.02.311.13, unless and until the WDP has been approved by the
Building Official or his/her designee. Approval shall not be required, however, where
emergency demolition is required to protect health or safety. The WDP shall only be
approved if all of the following conditions have been met:
1. The WDP provides all of the information set forth in this section;
2. The WDP indicates that 65% of non -hazardous construction and
demolition debris, or the amount required in the most current adopted County of
Los Angeles Green Building Standards Code, whichever is more stringent, shall be
diverted; and
3. The Applicant has submitted an appropriate Deposit for this project.
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D. During the term of the covered project, as specified in Section 8.02.311.6,
the Applicant shall recycle and reuse the required percentage of waste and keep records
of the tonnage (i.e. weight tickets) or other measurements approved by the City.
E. The Applicant shall submit documentation (i.e. weight tickets, final
compliance report) to the City that proves compliance with Chapter 8.20.311 Diversion
Requirement prior to the final inspection. A final inspection or certificate of occupancy
will not be issued until all documentation has been submitted and approved by the
Building Official or his/her designee. The documentation shall consist of a final completed
WDP showing the actual waste tonnage data, supported by original or certified
photocopies of receipts and weight tickets or other records of measurement from
recycling companies, deconstruction contractors, and/or landfill and disposal companies.
Receipts and weight tickets will be used to verify whether waste generated from the
covered project has been or will be recycled, reused, salvaged or disposed. The applicant
shall make reasonable efforts to ensure that all designated recyclable and reuse debris
salvaged or disposed are measured and recorded using the most accurate method of
measurement available.
F. 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."
SECTION 7. Section 8.20.313 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.313 — Construction and demolition debris -recycling program — Deposit
A. As a standard condition to the issuance of any permit for construction,
renovation, or demolition for a covered project, as specified in Section 8.02.311.6, the
Applicant shall post a deposit (cash, letter of credit, performance or surety bond, money
order) as follows:
1. For residential projects, the amount of the deposit will be a flat fixed
rate of $150.
2. For commercial/industrial projects, the deposit amount will be a
minimum of $250 and shall not exceed $30,000. The formula used to determine the
deposit for commercial/industrial projects is 3% of the total cost of the project/building
(valuation) being constructed or demolished.
B. The deposit shall be returned, without interest, in total or pro -rated, upon
proof of satisfaction by the City that no less than the required percentage of construction
and demolition debris generated by the covered project has been diverted from disposal
and has been recycled, reused, or stored for later reuse or recycling. If a lesser
percentage of construction and demolition debris than is required is diverted, a
proportionate share of the deposit shall be returned.
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C. 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."
SECTION 8. Section 8.20.400 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.400 — Administrative Citations.
Violations of this Chapter 8.20 may be enforced in accordance with the provisions
set forth in Chapter 1.16 (Administrative Citations) of the Irwindale Municipal Code,
notwithstanding any limitations on applicability set forth therein."
SECTION 9. Section 8.20.410 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.410 —Standards, guidelines, and criteria.
The Building Official or his/her designee may establish and/or adopt standards,
guidelines, and criteria consistent with this chapter, which are reasonably necessary to
achieve the objectives of this chapter."
SECTION 10. Section 8.20.420 of Chapter 8.20 of Title 8 of the Irwindale Municipal
Code is hereby added and shall read as follows:
"8.20.420 — Inspections, inquiries, and audits.
The Building Official or his/her designee may make any and all inspections,
inquiries, and audits as the director may deem necessary to determine compliance with
this chapter."
SECTION 11. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its
adoption.
SECTION 12. The Deputy City Clerk shall certify as to the passage of this
Ordinance and shall cause the same to be published and/or posted at the designated
locations in the City of Irwindale.
SECTION 13. The City Council hereby finds and determines that it can be seen
with certainty that there is no possibility that this ordinance may have a significant adverse
effect on the environment. Thus, the adoption of this ordinance is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b) (3) of the CEQA Guidelines. City staff is directed to prepare and file a Notice of
Exemption under the California Environmental and Quality Act (CEQA) in connection with
this Ordinance.
Ordinance No. 713
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PASSED, APPROVED AND ADOPTED on
ATTEST:
d
XaurA M. Nieto, MMC
Ch' f Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE 1
the 25th day of Oc(tto-b�er 20171: -
Mark A Breceda, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California, do
hereby certify that the foregoing Ordinance No. 713 was introduced for first reading at a
regular meeting of the City Council of the City of Irwindale held on October 11, 2017, and
adopted on second reading at a regular meeting of the City Council of the City of Irwindale
held on October 25, 2017, and was carried by the following -roll call vote:
AYES: Councilmembers:
Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
4ief
M.1, MMC
Deity Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 713 adopted by
the City Council of the City of Irwindale at its regular meeting held October 25, 2017, to be posted at the
City Hall, Library, and Post Office on October 26, 2017.
m✓ " )v f ' K4h Dated: / d/ b!
M. Nieto, MMC;
Deputy City Clerk
Ordinance No. 713
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