HomeMy WebLinkAboutORD 1293 (2005)
ORDINANCE NO. 1293
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.
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SECTION 2. The definition of "Major Project" in Section 4311 of the Tustin City
Code ("TCC") is hereby deleted.
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)
Work for which a building or demolition permit is not required.
SECTION 4. Subsection "b" of TCC 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. "
SECTION 6. Subsection "e.1" of TCC Section 4327 is hereby amended as
follows:
"e. Waste Management Plans (WMP).
1. WMP Forms. All Applicants 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:
f)
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 guarantee 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.
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 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 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 a 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)
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.
c)
Calculations showing multiplication of the total non-source separated
tonnage hauled from the Project."
SECTION 9. 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,
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subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid
or unconstitutional.
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 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.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this yth day of February, 2005.
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LOU BONE
Mayor
ATTEST:
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PAMELA STOKER
City Clerk
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STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced and adopted at a
regular meeting of the City Council of the City of Tustin duly held on February 7, 2005,
of which meeting all of the members of said City Council had due notice and at which a
majority thereof were present; by the following vote:
COUNCILMEMBER AYES: BONE, DAVERT, AMANTE. HAGEN, KAWASHIMA
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: NONE
(5)
(0)
(0)
(0)
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PA ELA STOKER,
City Clerk
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