Chapter 14.12
CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT1
Sections:
14.12.040 Projects exempt from this chapter.
14.12.050 Compliance and diversion rates.
14.12.060 Submission of waste management plan.
14.12.080 Review of waste management plan.
14.12.090 Compliance review and refund of security deposit.
14.12.100 Violations – Penalty established.
14.12.010 Purpose and intent.
The purpose and intent of this chapter is to reduce the amount of waste generated within the City of Lake Elsinore and ultimately disposed of in landfills, by requiring the project applicant for every project covered by this chapter to divert a minimum of 50 percent 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. [Ord. 1167 § 1, 2006].
14.12.020 Definitions.
For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section.
“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 any permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter.
“Completion” means the earliest of the following dates: the date a temporary certificate of occupancy is issued by the City for a project, the date a certificate of occupancy is issued by the City for a project, or the date the final City inspection approving the project is completed.
“Construction” means the building or enlargement of any structure, or any portion thereof, and includes without limitation alterations or improvements to an existing structure.
“Construction and demolition material” means the excess or discarded material that is removed from a site during or after the construction or demolition of any structure, fence, wall, or paving.
“Conversion rate” means the rate set forth in the standardized conversion rate table for use in estimating the volume or weight of construction and demolition debris, approved by the California Integrated Waste Management Board (“CIWMB”).
“Covered project” means any project meeting the thresholds established in LEMC 14.12.030.
“Demolition” means the razing, tearing down, or wrecking of any structure, wall, fence, or paving, whether in whole or in part, whether interior or exterior.
“Diversion requirement” means the diversion of a minimum of 50 percent of the total construction and demolition material generated by a project, or the lower percentage requirement granted by exception pursuant to LEMC 14.12.040.
“Divert” or “diversion” mean the recycling and/or reuse of construction and demolition debris to avoid disposal in a landfill.
“Excavation” means digging or removing soil, rocks, gravel, and/or sand from a site, including but not limited to such work as is customarily performed in construction of buildings or dredging or construction of canals, drainage basins, waterways, lakes, levees, or dams.
“Mining” means any activity governed by the Surface Mining and Reclamation Act (Public Resources Code Section 2710 et seq.).
“Paving” means driveways, walkways, parking areas, streets, and sidewalks.
“Permit” means any grading, building, or demolition permit.
“Project” means any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that requires a permit from the City.
“Recycling and reuse” means the process of collecting, sorting, cleansing, treating, and reconstituting construction and demolition debris, that would otherwise become solid waste and be disposed of in a landfill, for use as raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
“Recycling Coordinator” means the person designated by the City Manager to serve as the City’s Recycling Coordinator for purposes of this chapter.
“Structure” means anything constructed or erected that requires a location in the ground, including a building or swimming pool, but not including a fence or wall used as a fence, or driveways, or walkways.
“Waste management plan” means a plan describing the amount of construction and demolition material to be produced by or removed from a project, and establishing methods by which 50 percent of such material will be diverted. [Ord. 1167 § 1, 2006].
14.12.030 Covered projects.
Projects meeting any of the following criteria shall be considered covered projects and shall comply with all provisions of this chapter, including but not limited to the diversion requirement for construction and demolition materials:
A. Residential additions of 1,500 square feet or more of gross floor area;
B. New detached single-family residential dwellings;
C. New attached single-family residential dwellings;
D. Tenant improvements affecting 1,500 square feet or more of gross floor area;
E. New commercial buildings;
F. Demolition of 1,000 square feet or more of gross floor area;
G. Excavation, mining, or grading activities that result in the export of earth, soil, rocks, gravel, or other materials off the project site;
H. All City public works and City public construction projects; the waste management plan and diversion security deposit shall be prepared and submitted by the prime contractor constructing each such project. [Ord. 1167 § 1, 2006].
14.12.040 Projects exempt from this chapter.
Projects meeting any of the following criteria shall be exempt from the requirements of this chapter; provided, that the applicant has provided the City with satisfactory evidence supporting the claimed exemption; and provided, that the City has issued a written determination of exemption, which may take the form of a stamp or other notation of exemption on applicant’s application for a permit:
A. Projects not meeting any of the criteria described in LEMC 14.12.030;
B. Immediate or emergency construction, repair, or demolition work required to protect the public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended from time to time;
C. Work for which a permit is not required by this Municipal Code;
D. A project for which a permit has been issued prior to the effective date of the ordinance codified in this chapter and remains in effect at the time of construction;
E. A City project for which the notice inviting bids has been published prior to the effective date of the ordinance codified in this chapter;
F. Excavation of residential swimming pools;
G. Projects in which the Recycling Coordinator has determined that:
1. There are exceptional or extraordinary circumstances applicable to the project that do not apply generally to similar projects, such as contamination of construction and demolition materials by hazardous substances or low recyclability of specific materials to be used in or removed from the project;
2. Granting the application will not constitute a grant of special privilege inconsistent with limitations imposed on similar projects; and
3. Cost to the applicant of strict compliance with the requirements of this chapter is not the primary reason for granting the exemption. [Ord. 1167 § 1, 2006].
14.12.050 Compliance and diversion rates.
The applicant for a covered project shall divert or cause to be diverted a minimum of 50 percent of the construction and demolition materials resulting from the project. Compliance with this requirement and the other provisions of this chapter shall be listed as a condition of approval on permits issued for a covered project. [Ord. 1167 § 1, 2006].
14.12.060 Submission of waste management plan.
The applicant for each covered project shall complete and submit to the City a waste management plan as part of the application packet for a permit, and payment of any application fee established by resolution of the City Council. The waste management plan shall include the estimated volume and weight of construction and demolition material, with separate listings for each type of material (unless waived by the Recycling Coordinator upon the applicant’s demonstrating that he or she will use the services of the solid waste hauler holding an exclusive solid waste franchise with the City), the vendor or facility that will collect or receive the construction and demolition material and the estimated commencement date for the demolition or construction work. [Ord. 1167 § 1, 2006].
14.12.070 Security deposit.
Each applicant requesting a permit for a covered project shall submit, in conjunction with the waste management plan, a diversion security deposit, in cash, certified or cashiers’ check, or by irrevocable letter of credit or performance bond, in the amount of three percent of the estimated project costs, or $10,000, whichever is greater. The Recycling Coordinator may waive or reduce the diversion security deposit requirement if the applicant demonstrates that he or she will use the services of the solid waste hauler holding an exclusive solid waste franchise with the City. [Ord. 1167 § 1, 2006].
14.12.080 Review of waste management plan.
A. Following submission of the waste management plan, and prior to the issuance of any grading and/or building permit, the Recycling Coordinator shall review and determine (1) that the waste management plan provides all of the information required by LEMC 14.12.060; (2) the waste management plan indicates that at least 50 percent of the construction and demolition material produced by the project will be diverted, and the applicant has complied with LEMC 14.12.070.
B. If the Recycling Coordinator approves the waste management plan, he or she shall mark the waste management plan as “approved,” retain one copy, and return copies to the applicant and the Community Development Department. If the Recycling Coordinator disapproves the waste management plan, he or she shall state the grounds for denial in writing, retain one copy, and return copies and the grounds for denial to the applicant and the Community Development Department. [Ord. 1167 § 1, 2006].
14.12.090 Compliance review and refund of security deposit.
A. Within 30 days after the completion of any covered project, the applicant shall submit to the Recycling Coordinator documentation concerning the applicant’s compliance with the diversion requirements for the project. This documentation shall include:
1. Receipts from the vendor or facility that collected or received construction and demolition material from the project, noting the actual weight or volume of material collected or received, including separate summary listings for material diverted and material placed in the landfill;
2. Information concerning the weight or volume of construction and demolition material recycled or reused in the project.
B. Applicants shall make reasonable efforts to ensure that construction and demolition materials, whether diverted or placed in the landfill, are measured and recorded. Volumetric measurements may be used, incorporating the standardized conversion rates approved by the City.
C. The Recycling Coordinator shall review the information submitted under subsection (A) of this section to determine whether the applicant has complied with the diversion requirement applicable to the project.
1. If it is determined that the diversion requirement has been achieved, the full amount of the diversion security deposit shall be refunded to the applicant.
2. If it is determined that the diversion requirement has not been met, a portion of the diversion security deposit shall be refunded which is equal to the portion of the diversion requirement that has been met. Any portion of the diversion security deposit not released to the applicant shall be forfeited to the City, and shall be used either to offset administrative costs associated with enforcing the requirements of this chapter or for efforts to educate the community about the need for recycling and encourage recycling. [Ord. 1167 § 1, 2006].
14.12.100 Violations – Penalty established.
Violations of this chapter shall be governed by Chapter 1.16 LEMC. [Ord. 1167 § 1, 2006].
Editor’s Note: Ordinance No. 1167, which established this chapter, was adopted January 24, 2006.