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HomeMy WebLinkAbout13 URGENCY ORD. 1281 10-20-03AGENDA REPORT Agenda Item Reviewed: City Manager ..~ Finance Director MEETING DATE: OCTOBER 20, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT ADOPTION OF URGENCY ORDINANCE 1281 AMENDING CITY CODE SECTION 4311 AND ADDING CITY CODE SECTION 4327 TO REQUIRE RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS SUMMARY In November of 2002, the California Integrated Waste Management Board (CIWIMB) granted the City of Tustin a time extension until December 31, 2003, to achieve a 50% Solid Waste Diversion Rate. The approval of the time extension was based on a plan of correction that involved the full implementation of various recycling programs and included the adoption of a Construction and Demolition Recycling Ordinance. Additionally, the State adopted SB1374 mandating that all cities adopt a local ordinance requiring the tracking and recycling of 50% to 75% of all construction and demolition debris or be subject to a State Model Ordinance. It is anticipated that the Model Ordinance will be adopted by the CIWMB in mid 2004. The City's proposed ordinance requires all construction and demolition projects valued at $50,000 or more to achieve a 50% diversion and those projects valued at $100,000 or more to also submit a Waste Management Plan quantifying the projects proposed diversion prior to issuance of a. building or demolition permit. The adoption of this Urgency Ordinance will demonstrate to the CIWMB the City's commitment to implement the SB 1066 time extension plan of correction. RECOMMENDATION It is recommended that the City Council adopt Urgency Ordinance 1281 amending City Code Section 4311 and adding Section 4327 requiring recycling of construction and demolition debris. FISCAL IMPACT A future Fee Resolution will include application and appeal fees for administration of the program. Applicants for projects valued at $100,000 or more will be charged a $50 application fee to cover staff's costs to review and monitor Waste Management Plans. The ordinance requires a refundable security deposit based on the volume of waste estimated to be generated by a project to assure applicant performance of the 50% diversion requirement and the submittal of a final report. The security deposit amount will not exceed $5,000. Adoption of Urgency Ordinance 1281 October 20, 2003 Page 2 BACKGROUND Construction and Demolition (C&D) Debris represents a significant proportion of most jurisdictions waste stream. In response to this fact, the California legislature approved Senate Bill 1374 in 2002 requiring Cities to either adopt their own ordinance or be subject to a State model ordinance requiring debris tracking and recycling of 50% to 75% of construction and demolition debris. In addition, the City was required to adopt a C&D ordinance by December 31, 2003 pursuant to the CIWMB's approval of the City's SB-1066 time extension request in November 2002. The CIWMB has not developed a model C&D ordinance and will not do so until some time in 2004. Therefore, in developing the proposed ordinance staff reviewed a number of ordinances adopted by various jurisdictions in the State. The most commonly adopted ordinance originated with the County of Alameda and requires project applicants to submit a waste management plan prior to the issuing permits when the project value exceeded $50,000 and requires submittal of a project recycling report upon the conclusion of the project. The Alameda County ordinance also complied with state requirements to track the project debris and recycle at least 50% of it. Locally, the City of Costa Mesa has adopted a copy of the Alameda County Ordinance and several south Orange County Cities are considering similar ordinances with lower project value thresholds. The ordinance proposed for Tustin is a modified version of the Alameda County Ordinance. The key features of the ordinance are summarized below: · The Building Official assures compliance with the provisions via the existing building and demolition permit process. All applicants for projects valued at $100,000 or more are required to submit a Waste Management Plan (WMP) to the Building Official and receive approval prior to the issuance of permits. A recycling report must also be submitted at project completion indicating compliance with the approved WMP. · Applicants required to submit WMPs to the City are required to pay a $50 fee for plan review and approval. Applicants are required to deposit a refundable $50 per ton security deposit to ensure diversion compliance and submittal of the project recycling report. The maximum deposit is $5,000. Applicants for projects valued between $50,000 and $99,999 are required to submit recycling information at the completion of the project. No requirements are placed on projects valued at less than $50,000. Adoption of Urgency Ordinance 1281 October 20, 2003 Page 3 Adoption of the proposed ordinance is necessary for the City to comply with AB-939 Diversion requirements by discouraging landfill disposal of construction and demolition debris and allowing the City to track the amount of waste generated, diverted and disposed. Staff recommends adoption of the ordinance on an urgency basis to provide immediate assurance to the CIWMB of the City's commitment to comply with all of the requirements and purposes of State Law, including the City's SB 1066 time extension plan of correction. Tim D. Serlet ~ Public Works Director TDS:JM:ccg:Adopt Urgency Ord. 1281 .doc .~.,LJAOe Meyers dministrative Services Manager Public Works Department Attachments: Ordinance 1281 ORDINANCE NO. 1281 AN URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF CHAPTER 3, PARTS 1 AND 2 OF TITLE 4 OF THE TUSTIN CITY CODE BY ADDING NEW PROVISIONS FOR THE DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS. THE CITY COUNCIL OF THE CITY TUSTIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. (Findings) The City Council of the City of Tustin finds and determines as follows: A. The State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), Public Resources Code §§ 40000 et seq., requires that each local jurisdiction in the state divert 50% of discarded materials from landfills commencing on January 1,2000, and to maintain that level of diversion in subsequent years. B. That Senate Bill 1374 (Cpt. 501 Stats. 2002) requires the City to track construction and demolition waste generated in the City. C. That every year construction and demolition wastes account for a significant amount of the City's total landfill disposal waste. D. That construction and demolition (C&D) debris has significant potential for waste reduction and recycling, and that recycling C&D debris is essential to advance the City's efforts to reduce waste and comply with AB 939. E. That, except in unusual circumstances, it is feasible to divert a minimum of 50% of all C&D debris from construction, demolition and renovation projects. That the City accepted a condition to adopt a C&D Debris Recycling Ordinance that was imposed by the California Integrated Waste Management Board when the City accepted the Board's approval of the City's SB 1066 time extension request. Section 2. (Definitions) Chapter 3, Part 1 of Title 4 of the Tustin City Code is hereby amended by adding new definitions to Section 4311 (Definitions), which shall read as follows: "Applicant" shall mean any individual, firm, contractor, limited liability company, association, partnership, private corporation, or any other entity whatsoever who is required to apply to the City for the applicable permits to undertake any construction or demolition project within the City. "Building Official" shall mean the Building Official or his/her designee. "Construction" shall mean the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. "Construction and Demolition Debris" or "C&D Debris" shall mean used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations on any pavement, house, commercial or industrial building, or other structure and shall include, but not be limited to concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal. "Conversion Rate" shall mean the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to Section 4327 for use in estimating the volume or weight of materials identified in a Waste Management Plan. "Deconstruction" is to disassemble any facility, infrastructure, structure, or building, whether in whole or in part, whether interior or exterior, piece-by-piece in order to salvage the parts. "Demolition" shall mean the decimating, razing, ruining, tearing down or wrecking of any facility, infrastructure, structure, pavement or building, whether in whole or in part, whether interior or exterior. "Divert" shall mean to use construction and demolition debris material for any purpose other than disposal in a landfill or transformation facility. "Diversion Requirement" shall mean the diversion of at least 50% of the total Construction and Demolition Debris generated by a Project via reuse or recycling. "Major Project" shall mean a construction or demolition project within the City in which the total project cost equals or exceeds $100,000 and which is required to submit to the City a Waste Management Plan prior to the commencement of the project and recycling and diversion information upon the completion of the project. "Project" shall mean any activity which requires an application for a building or demolition permit or any similar permit from the City. "Recycling" shall mean 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" shall mean any change, addition, or modification to an existing structure. "Reuse" shall mean further or repeated use of Construction or Demolition Debris. "Salvage" shall mean 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. "Security Deposit" shall mean the cash deposit established by Section 4327 of this Chapter to secure performance of the Diversion Requirement of Section 4327. "Waste Management Plan" shall mean a completed WMP form, approved by the City for the purpose of compliance with Section 4327 of this Chapter, submitted by the Applicant for any Major Project. Section 3. (Diversion and Reporting Requirements) Chapter 3, Part 2 of Title 4 of the Tustin City Code is hereby amended by adding Section 4327, which shall read as follows: 4327 WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY. a. Waste Disposal and Diversion Reporting Requirement. All construction, demolition, and renovation projects the total costs of which are, or are projected to be, $50,000 or greater, as determined by the Building Official, shall be required to divert at least 50% of all project-related C&D Debris. All Project permittees shall, upon Project completion, provide to the Building Official all Project related C&D Debris collection, disposal and diversion information in the form prescribed by the Building Official. 2. The following projects are exempted from the requirements of this Section: a) Any existing single-family residence remodel, except for work constituting a Major Project. b) Work for which only a plumbing, electrical, or mechanical permit is required. c) Seismic tie-down projects. d) Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required. e) Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required. Major Projects Requirements. 1. Prior to issuance of any building permit for new construction, renovation, or demolition for any project the total costs of which are, or are projected to be, $100,000 or greater, as determined by the Building Official, the project Applicant shall submit a Waste Management Plan (WMP) to the Building Official and shall be subject to all applicable provisions of this Section. 2. Notwithstanding the requirement for a WMP, the Building Official may exempt Major Projects from providing a WMP where the Major Project already has been conditioned to divert at least 50% of C&D Debris during the development approval process pursuant to a WMP or equivalent plan, and a WMP or equivalent has already been approved for the Project, provided that the Applicant shall comply with the approved WMP or equivalent and the reporting requirements of this Section, or those of the approved WMP or equivalent. c. Compliance as a Condition of Approval. Compliance with the provisions of this Section shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits issued for a Major Project. d. Application Fee and Security Deposit. Each Applicant shall pay an application fee in the amount set forth in a Resolution of the City Council sufficient to cover the City's Costs of reviewing an application and monitoring compliance with this Section and/or the WMP, or reviewing an application for exemption. In addition to the application fee, each Applicant for major projects shall deposit with the City cash as security for performance, in the amount of $50.00 for each ton of C&D Debris estimated for the Project, as determined by the Building Official, but not more than $5,000 per Project. e. Waste Management Plans. 1. WMP Forms. Applicants for Major Projects shall complete and submit a WMP on a form prescribed by the Building Official for this purpose, as part of the application packet for the construction, renovation, or demolition permit. The completed WMP shall indicate all of the following: a) b) The estimated volume or weight of project C&D Debris, by materials type, to be generated. The maximum volume or weight of C&D Debris that can feasibly be diverted from landfills via reuse or recycling. 6 c) The estimated volume or weight of each C&D Debris type that will be landfilled. d) The vendor(s) that the Applicant proposes to use to collect the material. e) The facility(ies) or vendor(s) to which the materials will be diverted. f) A valid city business license for all proposed vendors or contractors doing business within the City. Calculating Volume and Weight of C&D Debris. In estimating the volume or weight of materials identified in the WMP, the Applicant shall use standard Conversion Rates approved and provided by the Building Official for this purpose. Deconstruction. In preparing the WMP, Applicants for Projects 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 rather than being landfilled. f. Review of Waste Management Plans. 1. Approval. Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any Major Project unless and until the Building Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the Building Official. The Building Official shall only approve a WMP after first determining that all of the following conditions have been met: 7 a) The WMP provides all of the information set forth in this Section; and b) The WMP indicates that at least 50% of all C&D Debris generated by the Major Project will be diverted. If the Building Official determines that these conditions have been met, he/she shall mark the WMP "Approved" and return a copy of the WMP to the Applicant. Nonapproval. If the Building Official determines that the WMP is incomplete or fails to indicate that at least 50% of all C&D Debris generated by the Project will be reused or recycled, he/she shall either: a) Return the WMP to the Applicant marked "Denied", including a statement of reasons, and the Building Official shall then immediately stop processing the building or demolition permit application, or b) Return the WMP to the Applicant marked "Further Information Required" with an identification of the missing or required information. g. Compliance with Waste Management Plan. Documentation. Prior to the completion of any Major Project, the Applicant shall submit to the Building Official documentation that the Diversion Requirement has been met. This documentation shall include all of the following: a) b) c) Receipts from the vendor and facility which collected and received each material showing the actual weight or volume of that material. A copy of the previously approved WMP for the Project adding the actual volume or weight of each material diverted and landfilled. Calculations showing multiplication of the total non-source separated tonnage hauled from the Project. 8 2. 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. Regarding C&D Debris forwhich weighing is not practical due to small size or other considerations, 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. Determination of Compliance and Release of Security Deposit. Prior to the issuance of a certificate of occupancy or at the completion of the Project, the Building Official shall review the information pertaining to diversion of C&D Debris submitted pursuant this Section and shall determine whether the Applicant has complied with the Diversion Requirement, as follows: 1. Full Compliance. If the Building Official determines that the Applicant has fully complied with the Diversion Requirement applicable to the Project, the Building Official shall cause the entire security deposit to be refunded to the Applicant without interest. 2. Good Faith Effort to Comply. If the Building Official determines that the Diversion Requirement has not been achieved, the Building Official may determine on a case-by-case basis whether the Applicant has made a good faith effort to comply with the Diversion Requirement. In making this determination, the Building 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 C&D Debris. If the Building Official determines that the Applicant has made a good faith effort to comply with the Diversion Requirement, the Building Official shall refund the entire security deposit to the Applicant without interest. 3. Noncompliance. If the Building Official determines that the Applicant has not made a good faith effort to comply with the Diversion Requirement, then the Building Official shall notify the Applicant in writing and all or a portion of the security deposit shall be forfeited to the City and shall not be refunded. Forfeited funds shall be used towards the City's recycling education efforts. Other Provisions for the Refund of a Security Deposit. 1. The Building Official may authorize the refund without interest of any security deposit which was erroneously paid or collected. The Building Official may authorize the refund without interest of any security deposit when the permit Application is withdrawn or cancelled before any work has begun, The Building Official may authorize a partial refund of a security deposit without interest when less than fifty percent by weight of the waste generated by the Project was diverted from landfill disposal. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste bears to 50% by weight of the total waste generated. 10 4. The Building Official shall not authorize the refund of any security deposit, or any portion thereof, unless the Applicant files a written request for refund and provides documentation satisfactory to the Building Official in support of the request. Exemption from the Fifty Percent Diversion Rate. Application. If an Applicant experiences 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 the Application is submitted. The Applicant shall indicate on the Application or WMP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the Diversion Requirement. Meeting with Building Official. The Building Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Applicant the Building Official shall determine whether it is possible for the Applicant to meet the Diversion Requirement. Granting of Exemption. If the Building Official determines that it is infeasible for the Applicant to meet the 50% Diversion Requirement due to unique circumstances, the Building Official shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the permit or WMP submitted by the Applicant. The Building Official shall issue a permit 11 ko or return a copy of the WMP to the Applicant marked "Approved for Exemption." Denial of Exemption. If the Building 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 resubmit an Application orWMP in full compliance with the Diversion Requirement. If the Applicant fails to resubmit the Application or WMP, or if the resubmitted Application or WMP does not comply with the Diversion requirement, the Building Official shall deny the Application or WMP and the Building Official shall not issue a permit. Appeal. Upon payment of an appeal fee set forth in a resolution of the City Council, the Applicant may appeal to the Public Works Director or his/her designee, a decision of the Building Official to deny an exemption or withhold any portion of a Security Deposit. Notice of appeal of the decision of the Building Official must be filed with the Public Works Director or designee within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reasons why the person feels aggrieved. Failure to file a notice of appeal within the time prescribed herein, shall constitute a waiver of any objection to the decision(s) of the Building Official and such decision shall be final; otherwise, the decision of the Public Works Director or designee shall be final. 12 I. Penalties. 1. Violation of any provision of this Section may be enforced by civil action including an action for injunctive relief. The City Council hereby finds that violation of this Section is a public nuisance. In any civil enforcement action, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction by a preponderance of the evidence to have violated this Section. 2. Violation of any provision of this Section 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 the C&D Debris from the Project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. Section 4. (Severability) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, 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 ordinance 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 ordinance irrespective of the fact that one or more sections, subsections, 13 subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provision of this ordinance are declared to be severable. Section 5. (Urgency) This urgency ordinance is necessary for the immediate protection of the public health, welfare, and general safety in that the California Integrated waste Management Act finds a crisis in dwindling landfill space and requires the City to adopt programs and regulations to achieve dramatic reductions in the solid waste sent to landfills, and these regulations are required to comply with the mandate to divert 50% of the City's waste stream from landfills. Section 6. (Notice) This ordinance shall take effect and be in full force and effect immediately after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the TUSTIN NEWS, a newspaper of general circulation published in the City of Tustin, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance will be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for or against the same. 14 PASSED and ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of October, 2003. Mayor PAMELA STOKER City Clerk 15 ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1281 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1281 was duly and passed and adopted as an urgency ordinance at the regular meeting of the City Council held on the 20TM day of October, 2003, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: 16