HomeMy WebLinkAbout20 URG ORD AB939 02-07-05
AGENDA REPORT
Agenda Item 20
Reviewed:
City Manager
Finance Director
MEETING DATE: FEBRUARY 7,2005
TO: WilLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AMENDING CITY CODE
SECTIONS 4311 AND 4327 PERTAINING TO THE RECYCLING OF
CONSTRUCTION AND DEMOLITION DEBRIS TO CONFORM TO
REQUIREMENTS OF THE SECOND TIME EXTENSION (AB 939 & SB
1066) APPROVED BY THE INTEGRATED WASTE MANAGEMENT
BOARD.
SUMMARY
This Ordinance is necessary for the City to comply with a condition in a Time Extension
to meet the City's 50% diversion goal for solid waste that was granted by the California
Integrated Waste Management Board. The ordinance deletes certain exemptions and
makes other changes to the City's construction and demolition regulations. The revised
ordinance must be enacted before the end of February, 2005.
BACKGROUND
Construction and Demolition (C&D) Debris represents a significant proportion of most
cities solid waste stream. In response to this fact, the California legislature amended
State law on solid waste to require 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 waste. The City was required to adopt a C&D
ordinance by December 31, 2003 pursuant to the California Integrated Waste
Management Board's (the "Board") approval of the City's request for a Time Extension
to comply with the California Integrated Waste Management Act of 1989, Cal. Pub.
Res. Code Sections 40,000 et seq. ("AB 939").
The City was not able to achieve a 50% diversion of its solid waste stream pursuant to
the First Time Extension and was required to apply for a second time extension to allow
it to implement new and revised diversion programs to reach the 50% waste diversion
goal. Under the Second Time Extension, the City is required to amend the C&D Debris
regulations to eliminate certain exemptions by February 28, 2005.
The key features of the ordinance are summarized below:
175590.3
. It eliminates the "Major Project" distinction, which required all applicants for
projects valued at over $100,000 to submit a Waste Management Plan (WMP) to
the Building Official and receive approval prior to the issuance of permits, and to
submit a recycling report at project completion indicating compliance with the
approved WMP. Now all projects valued at $50,000 or more are subject to the
WMP requirements, except a limited number that are specifically exempt.
. It eliminates the exemption for single-family residence construction.
. Projects valued at less than $50,000, or for which no building or demolition
permits are required, continue to be exempt.
Staff recommends adoption of the ordinance on an urgency basis to provide immediate
assurance to the Board of the City's good faith commitment to comply with all of the
requirements of State Law and the Second Time Extension.
FISCAL IMPACT
None if the Ordinance is adopted.
RECOMMENDATION
Adopt the Urgency Ordinance by a vote of 4/5.
ATTACHMENT
1. Urgency Ordinance
Tim D. Serlet
Public Works Director
Joe Meyers
Administrative Services Manager
Public Works Department
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ORDINANCE NO. -
AN URGENCY ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTIONS 4311 AND 4327 OF THE
TUSTIN CITY CODE PERTAINING TO THE DIVERSION OF
CONSTRUCTION AND DEMOLITION DEBRIS TO CONFORM TO
REQUIREMENTS OF THE SECOND TIME EXTENSION (AB 939 &
SB 1066) APPROVED BY THE INTEGRATED WASTE
MANAGEMENT BOARD.
THE CITY COUNCIL OF THE CITY TUSTIN DOES HEREBY ORDAIN AS
FOllOWS:
SECTION 1. FINDINGS
A. The State of California, through its California Waste Management Act of
1989, Public Resources Code §§ 40000 et seq. (AB 939), requires that the City divert 50%
of its solid waste from landfills commencing on January 1,2000, and to maintain that level
of diversion in subsequent years ("AB 939 Diversion Goal"). Failure to comply exposes the
City to administrative penalties of $10,000 per day.
B. Senate Bill 1374 (Chapter 501 Stats. 2002) requires the City to track
construction and demolition waste generated in the City.
C. Every year, construction and demolition waste accounts for a significant
amount of the City's total landfill disposal waste.
D. Construction and demolition (C&D) debris has significant potential for waste
reduction and recycling, and recycling C&D debris is essential to advance the City's efforts
to reduce waste and comply with AB 939; and
E. The City has not been able to achieve compliance with the AB 939 Diversion
Goal, and in 2003, received a First Time Extension from the California Integrated Waste
Management Board ("Board").
F. The First Time Extension required the City to adopt an ordinance providing
for the diversion of C&D debris for certain construction projects within the City.
G. In applying for a Second Time Extension, the City accepted a condition from
the Board to revise the C&D debris diversion regulations to eliminate certain exemptions in
the ordinance. Such revised ordinance must be adopted by February 28, 2005.
SECTION 2. The definition of "Major Project" in Section 4311 of the Tustin City Code
("TCC") is hereby deleted.
175592.3
SECTION 3. Subsection 2.a of TCC Section 4327 is amended to as follows:
"2. The following projects are exempted from the requirements of this Section:
a) -"'FlY existiFl~ siFl~lo faFRily resiEleFlso rÐFRoElol, exseßt fGr 'Nark seFlstit\,JtiFl~ a
Majer Prajost. Work for which a buildina or demolition Dermit is not
reauired."
SECTION 4. Subsection "b" ofTCC Section 4327 is hereby deleted and subsections "c"-"I"
are herby renumbered to subsections "b"-"k".
SECTION 5. Subsection "c" of TCC Section 4327 is hereby amended as follows:
"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. iss\,JoEl fGr a Majer Prejest."
SECTION 6. Subsection "e.1" of TCC Section 4327 is hereby amended as follows:
"e. Waste Management Plans ~.
1. WMP Forms. AlLApplicants fGr Majer Prejests 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) The estimated volume or weight of project C&D Debris, by materials
type, to be generated.
b) The maximum volume or weight of C&D Debris that can feasibly be
diverted from landfills via reuse or recycling.
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, and the vendor's statement certificate or auarantee of the
estimated volume and the manner in which the vendor will divert the
C&D debris.
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.
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SECTION 7. Subsection "f. 1 " of TCC Section 4327 is hereby amended as follows:
"f.
Review of Waste Management Plans.
1. Approval. Notwithstanding any other provision of this Code, no building or
demolition permit shall be issued fGr any Majer PFØjast 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:
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
tl=le Major Prej96t 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."
SECTION 8. Subsection "g.1" of Section 4327 is hereby amended as follows:
"g.
Compliance with Waste Management Plan.
1. Documentation. Prior to the completion of ¡my Majer äProject, the Applicant
shall submit to the Building Official documentation that the Diversion Requirement has
been met. This documentation shall include all of the following:
c)
SECTION 9.
a)
Receipts from the vendor and facility which collected and received
each material showing the actual weight or volume of that material.
b)
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."
SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that anyone or more section, subsection,
subdivision, sentence, clause, phrase, or portion thereof be declared invalid or
unconstitutional.
175592.3
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SECTION 10.
URGENCY
This urgency ordinance is necessary for the immediate protection of the public
health, welfare, and safety of the City and its residents in that the California Integrated
Waste Management Board has required the City to revise existing regulations that are
designed to reduce solid waste sent to landfills, and such regulations are required to
comply with the State mandate in AB 939 to divert 50% of the City's solid waste stream
from landfills and City's Second Time Extension approved by the Board.
SECTION 11.
NOTICE
This ordinance shall take effect and be in full force and effect immediately after its
passage and, before the expiration offifteen (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.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on the - day of February, 2005.
LOU BONE, Mayor
ATTEST:
PAMELA STOKER
City Clerk
175592.3
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss.
CITY OF TUSTIN )
ORDINANCE NO. -
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City ofTustin,
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. - was duly and
passed and adopted by a 4/5 vote as an urgency ordinance at the regular meeting of the
City Council held on the - day of February, 2005, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published:
175592.3
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