The purpose of this chapter is to promote the recycling of construction and demolition debris in order to protect the public health, safety, and welfare and to meet the city's obligations under Public Resources Code Section 40400 et seq., and its alternative diversion debris requirement approved by the California Integrated Waste Management Board.
(Ord. 399 § 1, 2011)
For the purposes of this chapter, the following definitions shall apply:
"AB 939"
means the California Integrated Waste Management Act, codified at California Public Resources Code Sections 40000 et seq.
"Construction"
means the building of any facility or structure, or any portion thereof including any change, addition, alteration, or renovation to an existing structure. This term also includes pavement overlays.
"Construction and demolition debris" or "C&D debris"
means discarded materials removed from a project site during construction, demolition, or roofing tear-off operations. This term includes, but is not limited to, lumber, drywall, asphalt, concrete, brick, and metals.
"Conversion rate"
means the rate set forth in the standardized conversion rate table approved by the city pursuant to this chapter for use in estimating the volume of weight of materials identified in a waste management plan.
"Deconstruction"
means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.
"Demolition"
means the decimating, razing, ruining, tearing down, wrecking, or removal of any facility, structure or pavement, whether in whole or in part, including roof tear-offs, whether interior or exterior.
"Disposal"
means the act of transferring solid waste to a permitted landfill.
"Diversion deposit"
means the moneys posted to the city by an owner for a project to incentivize the recycling of C&D debris and land clearing debris.
"Diversion requirement"
means the minimum percentage of C&D debris and land clearing debris for each project that must be diverted from landfills.
"Divert" or "diversion"
means to use material for any purpose other than disposal in a landfill or transformation facility.
"Hazardous waste"
has the same meaning as set forth in state and federal law.
"Land clearing debris"
means recyclable natural materials removed from a site during construction or demolition operations, also referred to as clearing and grubbing, on any pavement, house, commercial building, or other structure, in addition to C&D debris. This term includes, but is not limited to, dirt, rock, and any other vegetative or woody land clearing/landscaping materials.
"Large project"
means any project within the city, the total size of which is, or is projected to be, greater than or equal to ten thousand square feet. All phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, shall be deemed a single project.
"Owner"
means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that undertakes any construction or demolition project within the city. This term also includes owner's agents and contractors.
"Project"
means any activity that produces C&D debris or land clearing debris.
"Public project"
means any project paid for, in whole or in part, with public funds, performed under the direction or supervision of any political subdivision or district thereof, being constructed within the city. Any public project is deemed a large project for purposes of implementing this chapter.
"Putrescible"
means solid, semisolid, and liquid waste made up of organic matter that decomposes or rots as a result of bacteria and fungi activity.
"Recycling"
means 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. Recycling does not include transformation.
"Recycling facility"
means a recycling, composting, materials recovery, or reuse facility that accepts C&D debris or land clearing debris.
"Reuse"
means further or repeated use of construction or demolition waste.
"Salvage"
means to save or recover parts of a structure, such as lumber, windows, or fixtures, by the controlled removal, or deconstruction, of those materials for the purpose of recycling, reuse, or storage for later recycling or reuse.
"Small project"
means any project, the total size of which is, or is projected to be, less than ten thousand square feet. All phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP compliance official, shall be deemed a single project.
"Solid waste"
means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste, hazardous substances or medical wastes.
"Transformation"
means incineration, pyrolysis, distillation, or biological conversion other than composting. Transformation does not include composting, gasification, or biomass conversion.
"Waste management plan" or "WMP"
means a written plan that documents the owner's strategy for diverting C&D debris and land clearing debris, for any large project. The WMP must be approved by the WMP compliance official before work begins on the project.
"Waste management plan form Part I"
means the city-provided form on which the owner of a large project shall provide information including, but not limited to, the types and estimated amounts of C&D debris and land clearing debris the project will generate and the calculated diversion level the owner expects to achieve.
"Waste management plan form Part II"
means the city-provided form on which the owner shall provide information including, but not limited to, documentary evidence in a form satisfactory to the WMP compliance official to demonstrate actual diversion and disposal amounts of all C&D debris and land clearing debris generated by the project.
"WMP compliance official"
means the person designated by the city manager who is authorized and responsible for implementing this chapter.
(Ord. 399 § 1, 2011)
The city council shall establish by resolution a schedule of diversion deposits applicable to this chapter. The schedule shall be reviewed and adjusted periodically to ensure the purposes of this chapter are met.
(Ord. 399 § 1, 2011)
No construction or demolition activities shall be permitted unless and until a diversion deposit has been posted with the city. For projects subject to permits, permits shall not be issued unless and until a diversion deposit has been posted with the city. Compliance with the provisions of this chapter shall be listed as a condition of permit approval.
(Ord. 399 § 1, 2011)
Diversion deposits may be made in the form of cash, check, cashier's check, money order, debit card, or credit cards acceptable to the city. All payments shall be in the exact amount due. Checks, cashier's checks, and money orders shall be made payable to the "City of Lemon Grove."
(Ord. 399 § 1, 2011)
A. 
Small Project.
1. 
Construction. All construction projects within the city shall comply with all applicable provisions of this chapter.
2. 
Demolition. All demolition projects within the city shall comply with all applicable provisions of this chapter.
B. 
Large Project. All large projects shall comply with all applicable provisions of this chapter. No large project activities shall be permitted unless and until the WMP compliance official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of permit approval.
(Ord. 399 § 1, 2011)
A. 
For the purposes of this section, diversion of C&D debris and land clearing debris may be achieved by any of the following methods:
1. 
On-site reuse;
2. 
Acceptance of the material by a recycling facility; or
3. 
Salvage, other donation or reuse of the material acceptable to the WMP compliance official.
B. 
C&D debris and land clearing debris shall be measured by weight or by volume; whichever is most accurate and practicable. To the extent practicable, all C&D debris and land clearing debris shall be weighed on a scale.
1. 
For materials that are weighed, the owner shall use a scale that is in compliance with all federal, state, and local regulatory requirements for accuracy and maintenance of such scale.
2. 
When measurement by weight is not practicable, the owner shall measure by volume and convert the volumetric measurements to weight using the city's conversion rate tables.
(Ord. 399 § 1, 2011)
The city shall make available to each owner a current list of area recycling facilities.
(Ord. 399 § 1, 2011)
A. 
Owners of large projects shall complete and submit a waste management plan (WMP) Part I before beginning work on the project. The completed WMP shall indicate all of the following:
1. 
The estimated total weight of C&D debris and land clearing debris to be generated by the project;
2. 
The means by which the owner proposes to use to divert C&D debris and land clearing debris:
a. 
In describing the means of diversion other than salvage/reuse, the owner shall state the name of the recycling facility that will be used, by material type,
b. 
In describing the means of diversion proposed for salvage/reuse, the owner shall state the quantity and means of reuse;
3. 
In preparing the WMP for demolition projects, owners shall first consider deconstruction to the maximum extent feasible. Materials generated by this process shall be included in the total amount of C&D debris generated.
(Ord. 399 § 1, 2011)
A. 
Approval. Notwithstanding any other provision of this chapter, no construction or demolition shall begin on any large project, unless and until the WMP compliance official has approved the WMP. The WMP compliance official shall only approve a WMP after determining that all of the following conditions have been met:
1. 
The WMP provides all of the information set forth in Section 13.32.090;
2. 
The WMP indicates that the diversion requirement will be met;
3. 
When the WMP compliance official determines that these two conditions have been met, the WMP shall be marked "Approved" and a copy shall be returned to the owner.
B. 
Non-approval. If the WMP compliance official determines that the WMP fails: (1) to list all C&D debris and land clearing debris estimated to be generated; (2) to indicate that the diversion requirement will be met; or (3) to have the owner's signature, the WMP shall be returned to the owner marked "Denied," including a statement of reasons.
(Ord. 399 § 1, 2011)
A. 
C&D Debris. The diversion requirement rate shall be at least seventy-five percent by weight of the total C&D debris generated. For purposes of meeting the diversion requirement, loads of C&D debris taken to a mixed construction and demolition debris recycling facility, specified and accepted as mixed C&D debris, will receive seventy-five percent diversion credit.
B. 
Land Clearing Debris. The diversion requirement rate shall be one hundred percent by weight of the total land clearing debris generated.
(Ord. 399 § 1, 2011)
A. 
The WMP compliance official shall authorize the refund of any diversion deposit that was erroneously paid or collected.
B. 
The WMP compliance official shall authorize the refund of any diversion deposit when the project is withdrawn or cancelled before any work has begun.
C. 
An owner may be eligible for a refund of the diversion deposit posted pursuant to Section 13.32.040 provided the owner submits the following materials to the WMP compliance official within sixty calendar days of the final inspection date for the project.
1. 
A completed WMP form Part II, accompanied by evidence, satisfactory to the WMP compliance official, that demonstrates the methods utilized to handle all C&D debris and land clearing debris generated by the project.
a. 
The WMP compliance official shall authorize a full refund of a diversion deposit when at least the required diversion of the C&D debris and land clearing debris generated by the project was diverted from landfill disposal.
b. 
The WMP compliance official shall authorize a partial refund of a diversion deposit when less than the required diversion of the C&D debris or land clearing debris generated by the project was diverted from landfill disposal. The partial refund shall not exceed that portion of the diversion deposit that is in the same ratio that the demonstrated amount of diverted C&D debris and land clearing debris bears to the diversion requirement.
2. 
In no event shall the refund be in an amount greater than the posted diversion deposit.
(Ord. 399 § 1, 2011)
Any diversion deposit that is not refunded in accordance with this chapter is deemed forfeited and becomes the property of the city. For purposes of every diversion deposit, the relationship between the owner and the city is that of debtor and creditor, respectively.
All interest accruing on any diversion deposit is the property of the city, and the owner shall have no claim upon the interest.
(Ord. 399 § 1, 2011)
Forfeited diversion deposits and any accrued interest shall be used to fund the cost of programs and activities whose purpose is to divert recyclable waste from landfill disposal.
(Ord. 399 § 1, 2011)
For any project where a diversion deposit has not been posted with the city or the C&D debris and/or land clearing debris is not being diverted from landfill disposal, the project is deemed to be in violation of this chapter. The city may commence action or proceedings for the abatement of the violation according to Lemon Grove Municipal Code Chapter 1.24, Administrative Citations and Fines. Nothing herein prevents the city from using civil or criminal remedies for enforcement of this chapter.
(Ord. 399 § 1, 2011)
"Development services director" shall be replaced by "the WMP compliance official." Appeals shall be limited to whether the owner made a good faith effort to comply with the WMP, and/or whether the amount of the deposit refunded was proper under this chapter.
(Ord. 399 § 1, 2011; Ord. 433 § 3, 2015)