Section 9-6 CONSTRUCTION AND DEMOLITION (C&D) WASTE MANAGEMENT:

9-6
CONSTRUCTION AND DEMOLITION (C&D) WASTE MANAGEMENT:

9-6.1 Definitions:

The following terms as used in this chapter shall have the respective meanings set forth herein:

a. Addition means an extension or increase in floor area of an existing building or structure, or an extension or increase in paved surface area.

b. Applicant means any individual, contractor, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity or person whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, renovation, or similar operations on a project within the city.

c. C&D fee means payment in an amount established by the city intended to defray costs to the city for the program established by this chapter.

d. City-franchised waste hauler means the company that the city has contracted exclusively to provide waste collection and disposal services within the city.

e. Construction means the building of any facility, structure, wall, fence, or paving, or any portion thereof.

f. Construction and demolition debris means excess or discarded building materials, fixtures, appliances, packaging, rubble, and plant debris resulting from construction, demolition, renovation, or similar operations on pavements, houses, commercial buildings and other structures.

g. Covered project means those projects that qualify as covered projects pursuant to subsection 9-6.2.

h. Deconstruction means the selective dismantling or removal and salvaging of reusable materials, including, but not limited to, appliances, fixtures, windows, and other components, from buildings or other structures prior to their demolition.

i. Demolition means the razing, tearing down, or wrecking of any facility, structure, wall, fence, or pavement, whether in whole or in part, whether interior or exterior.

j. Director of public works or his/her designee means the city of Lynwood director of public works or his/her designee in the public works department.

k. Divert means to use material for any purpose other than disposal in a landfill.

l. Diversion requirement means the percentage of construction and demolition debris for each project that must be diverted from landfills pursuant to this section.

m. Material recovery facility means a processing facility permitted by the state of California where solid waste and/or recyclable materials are sorted or separated, by hand or by use of machinery, for the purpose of recycling, reuse, and/or composting.

n. Noncovered project means those projects that do not qualify as covered projects.

o. Project means any activity requiring an approval from the city (a permit) to undertake construction, demolition, renovation, or similar operations within the city.

p. Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include the burning, incinerating, or thermally destroying solid waste.

q. Recycling fee deposit means a performance security deposit with the city for any project to guarantee compliance with CALGreen for waste diversion and completion of the waste management plan and reporting.

r. Renovation means any change, alteration, or modification to an existing facility, structure, wall, fence, or paving, including any tenant improvements to an existing facility or structure.

s. Reuse means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded. By way of example, “reuse” shall include, but not be limited to, the sale or donation of salvaged materials to an end user, the sale or donation of construction and demolition debris to an end user, and the use of construction and demolition debris on site as part of the same project.

t. Salvage means 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.

u. Waste diversion means the diversion of solid waste, in accordance with all applicable federal, state and local requirements, from disposal at solid waste landfills or transformation facilities through recycling, reuse or composting. Where used in this section, the words “diversion” and “divert” shall refer to waste diversion.

v. Waste management plan (WMP) means a plan submitted by an applicant and approved by the director of public works or his/her designee pursuant to this section, which plan sets forth the processes and procedures for ensuring project compliance with this chapter. (Ord. #1509, §1; Ord. #1713, §2)

9-6.2 Covered And Noncovered Projects:

a. A “covered project” is:

1. Unless exempted by this section or by the CALGreen, a nonresidential project that is subject to a building permit for new construction, additions of one thousand (1,000) square feet or greater, or alterations with a permit valuation of two hundred thousand dollars ($200,000.00) or above.

2. A nonresidential project that is subject to a demolition permit, unless exempted by this section or by the CALGreen.

3. Unless exempted by this section or by the CALGreen, a residential project that is subject to a building or demolition permit.

4. Unless exempted by this section or by the CALGreen, a residential project involving additions or alterations to existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements of this section shall only apply to, and within, the specific area of the addition or alteration.

5. The director of public works or his/her designee may make exceptions to the requirements of this section when warranted due to anticipated low waste generation volumes, as consistent with the Green Building Code.

b. A “noncovered project” is any project that does not fall under the definition of a covered project. Applicants for noncovered projects are encouraged to divert construction and demolition debris to an extent and in a manner consistent with the diversion requirements of this section. All noncovered projects shall use city-authorized solid waste haulers. (Ord. #1509, §1; Ord. #1547, §1; Ord. #1549, §1; Ord. #1713, §2)

9-6.3 Residential Diversion Requirements:

a. Diversion: At least sixty-five percent (65%) of all nonhazardous construction, demolition, concrete, and asphalt generated by any covered project shall be diverted from landfills by recycling and/or salvaging for reuse in accordance with either section 4.408.2, 4.408.3, or 4.408.4 (and 4.408.4.1) of the California Green Building Standards Code. The applicant shall provide the city with documentation of diversion.

1. The applicant must submit a waste management plan. The WMP shall be updated as necessary, and shall be available during construction (including demolition) for examination by the city. The WMP shall:

(a) Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

(b) Specify if construction and demolition waste materials will be sorted on site (source separated) or bulk mixed (single stream).

(d) Identify construction methods employed to reduce the amount of construction and demolition waste generated.

(e) Specify that the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.

2. Waste Management Company: Pursuant to section 4.408.3 of the Green Building Code, utilize a waste management company, approved by the city, which can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with this subsection.

3. Waste Stream Reduction Alternative:

(a) Pursuant to section 4.408.4 of the Green Building Code, low-rise (three (3) stories or less) residential building projects that generate a total combined weight of construction and demolition waste disposed of in landfills, which does not exceed three and four-tenths (3.4) pounds per square foot of the building area, shall meet the minimum sixty-five percent (65%) construction waste reduction requirement in this subsection.

(b) Pursuant to section 4.408.4.1 of the Green Building Code, high-rise (four (4) stories or more) and low-rise (three (3) stories or less) projects that generate a total combined weight of construction and demolition waste disposed of in landfills, which does not exceed two (2) pounds per square foot of the building area, shall meet the minimum sixty-five percent (65%) construction waste reduction requirement in this subsection.

b. Certificates of occupancy on a project shall not be withheld due solely to the failure of a project to achieve the diversion requirements of this subsection.

c. Recycling by Occupants: In addition to meeting the provisions of this subsection, and pursuant to section 4.410.2 of the Green Building Code, covered projects with five (5) or more multifamily dwelling units constructed on a building site shall provide readily accessible area(s) that serves all buildings on the site and is identified for the depositing, storage, and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals. The definition of multifamily dwellings is found in the Green Building Code section 1102A.1. (Ord. #1713, §2)

9-6.4 Nonresidential Diversion Requirements:

a. Diversion of Excavated Soil and Land-Clearing Debris: Pursuant to section 5.408.3 of the Green Building Code, one hundred percent (100%) of all nonhazardous excavated soil and land-clearing debris (trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing) shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

1. Exception: Vegetation or soil contaminated by disease or pest infestation is exempt from the requirements of this subsection, and does not need to be reused on site or off site. If contamination by disease or pest infestation is suspected, the applicant shall contact the county agricultural commissioner and follow his or her directions for recycling or disposal of the material.

b. Diversion of Construction and Demolition Waste: At least sixty-five percent (65%) of all nonhazardous construction, demolition, concrete, and asphalt generated by any covered project shall be diverted from landfills by recycling and/or salvaging for reuse in accordance with either section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. The applicant shall provide the city with documentation of diversion.

(a) Identify the construction and demolition waste materials to be diverted from disposal by efficient usage, recycling, reuse on the project, or salvage for future use or sale.

(b) Determine if construction and demolition waste materials will be sorted on site (source separated) or bulk mixed (single stream).

(d) Specify that the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.

2. Waste Management Company: Pursuant to section 5.408.1.2 of the Green Building Code, utilize a waste management company, approved by the city, which can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with this subsection. The materials diverted do not need to include excavated soil and land-clearing debris.

3. Waste Stream Reduction Alternative: Pursuant to section 5.408.1.3 of the Green Building Code, the combined weight of new construction disposal that does not exceed two (2) pounds per square foot of building area may be deemed to meet the sixty-five percent (65%) minimum requirement, as approved by the city.

c. Certificates of occupancy on a project shall not be withheld due solely to the failure of a project to achieve the diversion requirements of this subsection.

d. Recycling by Occupants: In addition to meeting the provisions of subsections 9-6.4a and b, and pursuant to section 5.410.1 of the Green Building Code, covered new construction and addition projects shall provide readily accessible areas that serve the entire building and are identified for the depositing, storage, and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals.

1. Pursuant to section 5.410.1.1 of the Green Building Code, all additions conducted within a twelve (12) month period under single or multiple permits, resulting in an increase of thirty percent (30%) or more in floor area, shall provide recycling areas on site. Exception: Additions within a tenant space resulting in less than a thirty percent (30%) increase in the tenant floor space area.

2. Pursuant to section 5.410.1.2 of the Green Building Code, space allocations for recycling areas shall comply with the California Waste Reuse and Recycling Access Act of 1991, found at chapter 18, part 3, division 30 of the California Public Resources Code.

e. Universal Waste: Pursuant to section 5.408.2 of the Green Building Code, additions and alterations to a building or tenant space that meet the scoping provisions in section 301.3 of the Green Building Code for nonresidential additions and alterations (additions one thousand (1,000) square feet or more, and alterations with a permit valuation of two hundred thousand dollars ($200,000.00) or more) shall require verification that universal waste items, such as fluorescent lamps and ballast and mercury-containing thermostats as well as other California prohibited universal waste materials, are disposed of properly and are diverted from landfills. A list of prohibited universal waste materials shall be included in the waste management plan. (Ord. #1713, §2)

9-6.5 Waste Management Plan:

a. Submittal of WMP (WMP):

1. An applicant must submit a WMP to the city; the plan shall be in a form provided by and approved by the city. The applicant shall submit the completed, signed, and dated Part I and Part II of the WMP to the city during the building permit application process. Before the applicant receives a building permit that requires compliance with this section, or commences construction, demolition, or renovation activities that generate solid waste, the applicant shall first obtain the director of public works or his/her designee’s express written approval of the applicant’s WMP.

2. Contracting with the City-Franchised Waste Hauler: All projects are subject to city-franchise waste hauler debris-hauling requirements. All applicants shall utilize debris-hauling services provided by the city-franchised waste hauler for nonseparated recyclables and disposal. Applicants intending to contract with the city-franchised waste hauler for collection of all C&D debris shall not be required to provide information within Part II of the WMP. The city-franchised waste hauler shall provide the disposal and recycling tonnage information to the applicant for submission to city staff.

3. Self-Haul: A licensed contractor performing work within the scope of the contractor’s license, intending to remove C&D debris from the job site using equipment owned or leased by the contractor, and not through a solid waste enterprise, shall provide information within Part I and Part II of the WMP. Applicant must provide the name and location of city-authorized facility or facilities that the applicant proposes to haul the materials to.

4. Applicant must estimate the weight of materials identified in the WMP; the applicant may use standardized volume-to-weight conversion rates and methodologies approved by the director of public works or his/her designee. If the applicant calculates the projected feasible diversion amounts as described above, and finds the amounts do not meet the diversion requirements, the applicant must then submit documentation supporting and justifying lower alternate diversion rates. If this documentation is not included, the WMP shall be deemed incomplete.

5. Deconstruction: In preparing the WMP, applicants for building or demolition permits 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 prior to landfilling.

b. Waste Management Plan Review:

1. The director of public works or his/her designee shall only approve a waste management plan if he or she determines that all of the following conditions have been met:

(a) The WMP indicates the diversion of at least the required percentage of each type of construction and demolition debris generated by the project, or lower alternate diversion rates as justified in the submitted WMP and approved in writing by the director of public works or his/her designee; and

(b) The applicant has submitted the appropriate recycling fee deposit and C&D fee for the project.

2. If the director of public works or his/her designee determines that the WMP is incomplete or fails to indicate that at least the required percentages (or approved lower alternate diversion rates) of all construction and demolition debris generated by the project will be diverted, then he or she shall either:

(a) Return the WMP to the applicant marked “Denied,” including a statement of reasons for disapproval. This will stop the approval for a permit; or

(b) Return the WMP to the applicant marked “Further Explanation Required,” including a statement of necessary information or explanation. Applicant must resubmit WMP with all of the city’s questions answered.

3. Infeasibility Exemption: If an applicant for a covered project 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 that he or she submits the waste management plan. The process is as follows:

(a) The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement.

(b) The director of public works or his/her designee 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 director of public works or his/her designee shall determine whether it is possible for the applicant to meet the diversion requirement.

(c) Approval for Exemption: If it is determined that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by applicant. The director of public works or his/her designee shall return a copy of WMP to the applicant marked “Exempt Due to Infeasibility.”

(d) Denial of Exemption: If is determined that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant. The applicant shall resubmit a WMP. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with the requirements of the plan, the director of public works or his/her designee shall deny WMP.

4. Recycling Fee Deposit Required: As a condition precedent to the issuance of any construction, demolition, or similar permit for a covered project, the applicant shall post a recycling fee deposit (in the form of payment acceptable to the director of public works or his/her designee) with the city in the amount established by resolution of the city council which may be amended from time to time. Checks shall not be accepted by the city for payment of such deposit. The applicant shall deposit the following amounts with the city of Lynwood:

Value of Job	Recycling Fee Deposit
$100,000.00 to $499,999.00	2.0 percent
$500,000.00+	1.0 percent

5. C&D Fee Required: As part of any application for, and prior to the issuance of, any building or demolition permit for a covered project, every permittee shall pay a C&D fee as set forth by the city’s master fee schedule.

6. On-Site Practice: During the term of the covered project, the applicant shall divert the required percentage of waste and keep records of such activities in a form specified by the director of public works or his/her designee. The director of public works or his/her designee will evaluate and may monitor each covered project to determine the percentage of waste recycled or reused from the covered project. For covered projects involving both construction/renovation and demolition activities, diversion of materials from demolition activities shall be tracked and measured separately from diversion of materials from construction/renovation activities. To the maximum extent feasible, project waste shall be separated on site if this practice increases diversion. For construction, demolition and/or renovation projects, on-site separation shall include, but not be limited to, salvageable materials (e.g., fixtures, appliances, and other similar items) and dimensional lumber, wallboard, concrete and corrugated cardboard.

7. If, during the course of a covered project, the applicant determines that he or she will be unable to meet the required diversion percentages (or approved lower alternate diversion rates) because of new or previously unknown or undiscovered conditions, then the applicant may submit a revised WMP to the director of public works or his/her designee including documentation supporting and justifying lower alternate diversion rates. The director of public works or his/her designee, in his or her sole discretion, may approve or reject the revised WMP and the lower alternate diversion rates.

c. WMP Compliance Reporting:

1. Submittal of Completed WMP: The applicant shall submit documentation to the satisfaction of the director of public works or his/her designee demonstrating compliance with the approved WMP. Submittal must be within thirty (30) days following the completion of the demolition phase of a covered project, and again within thirty (30) days following the completion of the construction and/or renovation phase of a covered project. The documentation shall include:

(a) The approved WMP, if any, along with any documentation required by the plan;

(b) Actual waste tonnage supported by original or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, end users, and/or landfill and disposal companies; and

(c) Receipts and weight tags to verify whether waste generated from the covered project has been or will be recycled, reused, or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reusable waste is measured and recorded using the most accurate method of measurement available.

2. Weighing of C&D Debris: 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. For conversion of volumetric measurements to weight, the applicant shall use standardized conversion rates and methodologies approved by the director of public works or his/her designee.

3. Determination of Compliance: Prior to final approval of the project and issuance of any certificate of occupancy, the director of public works or his/her designee shall review the final submitted WMP and determine the extent to which the applicant has complied with the diversion requirement.

4. Recycling Fee Deposit Refund: The deposit shall be returned to the applicant, without interest or card transaction fees, in total or in proportion, at the conclusion of the project and upon the applicant presenting proof satisfactory to the director of public works or his/her designee. The applicant must prove that no less than the required percentages (or approved lower alternate diversion rates) of construction and demolition debris generated by the covered project have been recycled, reused, or otherwise diverted from landfills to the extent indicated in the approved WMP. If lesser percentages of construction and demolition debris tonnage than required are diverted, a proportionate share of the deposit will be returned in accordance with the following formula:

Amount of Refund =	(Part III Diversion Rate of WMP)	x Recycling Fee Deposit
	65%

The refund shall not exceed the amount of the recycling fee deposit. Failure to comply with any terms of this subsection may result, at the director of public works or his/her designee’s sole discretion, in the applicant’s forfeiture of the recycling fee deposit. (Ord. #1713, §2)

9-6.6 Appeals:

a. If an applicant is aggrieved by any decision of the director of public works or his/her designee under this section, the applicant may appeal the decision to the city council by filing with the city clerk a statement addressed to the city council setting forth the name and address of the person filing the appeal, the facts and circumstances regarding the director of public works or his/her designee’s decision, and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the city council, which may be amended from time to time. The city clerk shall present the appeal to the city council at the next regular meeting of the city council following the date of filing. The city council at such meeting, or at such meeting to which the matter may be continued by the council, shall hear and pass upon the appeal, and the decision of the council thereupon shall be final and conclusive.

b. The right to appeal to the city council shall terminate upon the expiration of thirty (30) days following the decision of the director of public works or his/her designee. (Ord. #1713, §2)

9-6.7 Option To Revise:

Beginning one year after the effective date hereof, city staff will evaluate the recycling and diversion of construction and demolition (C&D) debris ordinance to determine its effectiveness in reducing the amount of C&D debris landfilled. In this determination, city staff will consider issues such as the amount of C&D debris landfilled, volume of C&D activity, markets for C&D debris materials, and other barriers encountered by applicants. If city staff determines the C&D landfilled had the potential for diversion, then the city may amend these provisions and implement the necessary measures to increase diversion of C&D debris. These amendments may be established by resolutions. (Ord. #1547, §4; Ord. #1549, §4; Ord. #1713, §2)

9-6CONSTRUCTION AND DEMOLITION (C&D) WASTE MANAGEMENT: