CHAPTER 7.60
CONSTRUCTION AND DEMOLITION MATERIAL
MATERIAL WASTE MANAGEMENT PLAN
SECTION 7.60.010 DEFINITIONS
For the purposes of this Chapter, the following definitions
shall apply:
(a)"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 the applicable permits to undertake any construction, demolition, or renovation project within the City.
(b)"Class III Landfill" A landfill means a that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the California Integrated Waste Management Board (CIWMB) and is regulated by an Enforcement Agency (EA).
(c)"Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
(d)"Construction and Demolition Material" (C&D Material) means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
(e)"C&D Recycling Center" means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the average weight of material separated for reuse received by the facility over a one month period.
(f)"City-sponsored project" means a project constructed by the City or a project receiving 50% or more of its financing from the City.
"Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Article for use in estimating the volume or weight of materials identified in the Waste Management Plan.
(h)"Covered Project" shall have the meaning set forth in Section 7.60.020.
(i)"Deconstruction" means the careful dismantling of buildings and structures in order to salvage as much material as possible.
(j)"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
(k)"Disposal" means the final deposition of construction and demolition or inert material, including but not limited to:
(1)stockpiling onto land of construction and demolition material that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days, or (2)stockpiling onto land of construction and demolition material that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year, or(3)stockpiling onto land of inert material that is for a period of time greater than one year, or (4) disposal of construction and demolition or inert material to a landfill.
(l)"Divert" means to use material for any purpose other than disposal in a landfill or transformation facility.
(m)"Diversion Requirement" means the diversion of at least sixty (60) percent of the total Construction and Demolition Material generated by a Project via reuse or recycling, unless the Applicant has been granted an Exemption pursuant to Section 7.60.070, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Waste Management Plan Compliance Official in relation to the project.
(n)"Enforcement Agency (EA)" means an enforcement agency as defined in Public Resources Code 40130.
(o)"Inert Backfill Site" means any location other than an inert landfill or other disposal facility to which inert materials are taken for the purpose of filling an excavation, shoring, or other soils engineering operation.
(p)"Inert Disposal Facility/Inert Waste Landfill" means a disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal,
(q)"Inert Solids/Inert Waste" means non-liquid solid resources including, but not limited to, soil and concrete, that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional Water Board pursuant to Division 7 (Section 13000 et seq.) of the California Water Code and does not contain significant quantities of decomposable solid resources.
(r)"Mixed Material" means loads that include commingled recyclables and non-recyclable materials generated at the project site.
(s)"Mixed Material Recycling Facility" means a processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering re-usable and recyclable materials and disposing the non-recyclable residual materials
(t)"Performance Security" means any performance bond, surety bond, money order, letter of credit, certificate of deposit, or restricted bank account, provided to the City pursuant to Section 7.60.040.
(u)"Post-Consumer Material" as defined in Public Contract Code Section 12200(b) means "a finished material which would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes." Post-Consumer Material is generally any product that was bought by the consumer, used, and then recycled into another product.
(v)"Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City.
(w)"Recycled Product" as defined in Public Contract Code Section 12200(a) means "all materials, goods, and supplies with no less than 50 percent of the total weight of which consists of secondary and Post-Consumer Material with not less than 10 percent of its total weight consisting of Post-Consumer Material." This definition applies to paper products, plastic products, compost and co-compost, glass products, lubricating oils, paints, solvents, retreaded tires, tire-derived products, and steel products. A recycled product also includes products that could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form.
(x)"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 burning, incinerating, or thermally destroying solid waste.
(y)"Renovation" means any change, addition or modification in an existing structure.
(z)"Reuse" means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.
(aa)"Salvage" means the controlled removal of Construction and Demolition Material from a permitted building or construction site for the purposes of recycling, reuse, or storage for later recycling or reuse.
(bb)"Sanitary Wastes" means materials that require special handling procedures such as liquid wastes including domestic sanitary sewage.
(cc) "Secondary Material" as defined in Public Contract Code section 12200(c) means "fragments of finished products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes Post-Consumer Material, but does not include excess virgin resources of the manufacturing process." This material did not reach the consumer prior to being recycled.
(dd)"Sediment" means soil and other material that has been eroded and transported by storm or well production runoff water.
(ee)"Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return 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, and includes Source Separated Materials.
(ff)"Solid Waste" as per Public Resources Code Section 40191 means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, 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 any of the following wastes:
(1)Hazardous waste, as defined in PRC Section 40141.
(2)Radioactive waste regulated pursuant to the Radiation Control Law [Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code].
(3)Medical waste regulated pursuant to the Medical Waste Management Act [Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code].
(ff)Source Separated Materials" means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the purpose of recycling i.e. loads of concrete that are source-separated for delivery to a recycling facility.
(gg)"Virgin Material" means the portion of the product made from non-recycled material, that is, the material that is neither post-consumer nor secondary material.
(hh)"Waste Hauler" means a company that possess a valid permit from the City of Santa Monica to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City of Santa Monica’s name.
(ii)"Waste Management Plan" (WMP) means a completed Waste Management Plan form, approved by the City for the purpose of compliance with this Article, submitted by the Applicant for any Covered or Non-covered Project.
(jj)"Waste Management Plan Compliance Official" means the Director of Environmental and Public Works Management or his or her designee.
SECTION 7.60.020 THRESHOLD FOR COVERED
PROJECTS
(a)Private Projects All construction and demolition projects the total costs of which are, or are projected to be, $50,000 or greater, or are 1,000 square feet or greater ("Covered Projects") shall be required to divert at least sixty (60) percent of all project-related construction and demolition material in compliance with this Chapter.
(b)City-Sponsored Projects: All City-sponsored construction, demolition and renovation Projects shall be subject to this Chapter, and consequently, shall be considered Covered Projects.
(c)Compliance as a Condition of Approval: Compliance with this Chapter shall be included as a condition of approval on any construction or demolition permit issued for a Covered Project.
SECTION 7.60.030 SUBMISSION OF A WASTE MANAGEMENT PLAN
(a)WMP Forms: Applicants for construction or demolition permits involving a Covered Project shall complete and submit a Waste Management Plan (WMP), on a WMP form approved by the City for this purpose, as part of the application packet for the construction or demolition permit. The completed WMP shall indicate all of the following:
(1)The estimated volume or weight of the Project C&D material, by material type, to be generated;
(2)The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling. No more than twenty (20) percent of the sixty (60) percent diversion rate can be achieved through the recycling or reuse of inert materials unless applicant can demonstrate to the satisfaction of the WMP Compliance Official that sufficient structural materials do not exist for recycling or that forty (40) percent diversion of total waste through non-inert materials is not feasible.
(3)The vendor or facility where the Applicant proposes to use to collect or receive that material; and
(4)The estimated volume or weight of C&D materials that will be landfilled in Class III landfills ("Class III Landfill") and inert disposal facilities ("Inert Disposal Facility/Inert Waste Landfill").
(b)Calculating Volume and Weight of Material: In estimating the volume or weight of materials identified in the WMP, the Applicant shall use the Conversion Rates approved by the City for this purpose.
(c)Deconstruction: In preparing the WMP, applicants for demolition permits involving the removal of all or part of an existing structure shall consider deconstruction ("Deconstruction"), to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Deconstruction can be used to meet the sixty (60) percent diversion requirement provided it is accounted for in the WMP.
SECTION 7.60.040 PERFORMANCE SECURITY
The project applicant shall submit a performance security with the WMP. The amount of the performance security shall be calculated as the lesser of three (3) percent of total Project cost or $30,000. The WMP Compliance Official may waive the Performance Security if the total security required pursuant to this Section would be fifty (50) dollars or less.
SECTION 7.60.050 REVIEW OF WMP
(a)Approval: Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any Covered Project unless and until the WMP Compliance Official has reviewed the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met:
(1)The WMP provides all of the information set forth in Section 7.60.030.
(2)The WMP indicates that at least sixty (60) percent of all C&D material generated by the Project will be diverted or an exemption has been approved pursuant to Section 7.60.070.
(3)The Applicant has submitted an appropriate Performance Security in compliance with Section 7.60.40.
If the WMP Compliance Official determines that these conditions have been met, he or she shall mark the WMP "Approved," return a copy of the WMP to the Applicant, and notify the Building Department and the Solid Waste Management Division that the WMP has been approved.
(b)Nonapproval: If the WMP Compliance Official determines that the WMP fails to meet the conditions specified in subsection (a) of this Section, he or she shall either:
(1)Return the WMP to the Applicant marked "Denied," including a statement of reasons, and so notify the Building Department, to ensure that the construction or demolition permit does not issue.
(2)Return the WMP to the applicant marked "Further Explanation Required."
If the Applicant determines during the course of the project that the estimated tonnage of material to be generated and or recovered from the project is substantially different from the WMP, applicant shall submit an addendum to the original WMP.
SECTION 7.60.060 COMPLIANCE WITH WMP
(a)Documentation: Within 30 days after the completion of any Covered Project, the Applicant shall submit to the WMP Compliance Official documentation that it has met the Diversion Requirement for the Project. Applicant shall provide a summary of efforts used to meet the Diversion Requirement and also provide the following documentation:
(1)Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material.
(2)Weight slips/count of material salvaged or reused in current Project.
(3)A copy of the previously approved WMP for the Project adding the actual volume or weight of each material diverted and landfilled.
(4)Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this Chapter.
(b)Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D material shall be weighted by measurement on scales. Such scales shall be in compliance with all State and County regulatory requirements for accuracy and maintenance. For C&D material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the Applicant shall use the standardized Conversion Rates approved by the City for this purpose.
(c)Determination of Compliance and Release of Performance Security: The WMP Compliance Official shall review the information submitted under subsection (a) of this Section to determine whether the Applicant has complied with the Diversion Requirement as follows:
(1)Full Compliance: If the WMP Compliance Official determines that the Applicant has fully complied with the Diversion Requirement applicable to the Project, he or she shall cause the full Performance Security to be released to the Applicant.
(2)Failure to Comply: If the WMP Compliance Official determines that the Diversion Requirement has not been met, he or she shall return only that portion of the performance security equivalent to the portion of C&D material actually diverted compared to the portion that should have been diverted according to the WMP. Any portion of the Performance Security not released to the Applicant shall be forfeited to the City, and shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center. If the WMP Compliance Official determines that the Applicant has fully failed to comply with the Diversion Requirement or if the Applicant fails to submit the documentation required by subsection (a) of this Section within the required time period, then the entire Performance Security shall be forfeited to the City. All forfeited Performance Securities shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center.
SECTION 7.60.070 EXEMPTION
(a)Application: If an Applicant believes it is infeasible to comply with the diversion requirements of this chapter due to the circumstances delineated in this Section, the Applicant may apply for an exemption at the time that he or she submits the required WMP. Exemptions may be granted based the following considerations:
(1)Lack of storage space onsite.
(2)Contamination by hazardous substances.
(3)Low recyclability of specific materials.
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 he or she believes make it infeasible to comply with the Diversion Requirement.
(b)Meeting with WMP Compliance Official: The WMP Compliance Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Division Requirement. Upon request of the jurisdiction, the WMP Compliance Official may request that staff from the Solid Waste Management Division attend this meeting or may require the Applicant to request a separate meeting with Solid Waste Management Division staff. Based on the information supplied by the Applicant and, if applicable, Solid Waste Management Staff, the Compliance Official shall determine whether it is possible for the Applicant to meet the Division Requirement.
(c)Granting of Exemption: If the WMP Compliance Official determines 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 the Applicant. The WMP Compliance Official shall return a copy of the WMP to the Applicant marked "Approved Exemption" and shall notify the Building Department that the WMP has been approved.
(d)Denial of Exemption: If the WMP Compliance Official determines that it is possible for the Applicant to meet the Diversion Requirement, he or she shall inform the Applicant in writing. The Applicant shall have 30 days to resubmit a WMP form in full compliance with Section 7.60.080. If the Applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 7.60.080, the WMP Compliance Official shall deny the WMP.
SECTION 7.60.080 APPEAL
The applicant or any interested person may appeal to a Hearing Examiner from any ruling of the WMP Compliance Official made pursuant to this Chapter in accordance with Section 6.16.030. Notice of any appeal from the ruling of the WMP Compliance Official must be filed within ten (10) days of the date that such ruling is made. The decision of the Hearing Examiner upon such appeal, relative to any matter within the jurisdiction of the WMP Compliance Official, shall be final and shall not be appealable to the City Council or to any other City body or official.
SECTION 7.60.090 ENFORCEMENT
(a)The Director of the Department of Environmental and Public Works Management, or his or her designee, is authorized to enforce Sections 7.60.030-7.60.060 as follows:
(1)For the first failure to comply with the provisions of Sections 7.60.030-7.60.060, the Department of Environmental and Public Works Management shall issue to the affected person a written notice that includes the following information:
(i)A statement specifying the violation committed;
(ii)A specified time period within which the affected person must correct the failure of file a written notice disputing the notice to comply;
(iii)A statement of the penalty for continued noncompliance.
(2)For each subsequent failure to comply with any provisions of Sections 7.60.030-7.60.060 following written notice pursuant to this Section, the Director of the Department of Environmental and Public Works Management may levy a penalty not to exceed five hundred dollars. Any statement informing a violator of a citation shall include a notice setting forth the hearing rights provided in subsection (a) (3) below.
(3)Any person assessed a penalty pursuant to subsection (a) (2) may dispute the penalty by requesting a hearing on a form provided by the City within the time and manner set forth in Section 6.16.030 provided that no hearing request shall be deemed timely filed and no hearing shall be held unless, within the time period to request a hearing, the person deposits with the City Treasurer money in the amount of any unpaid penalty due under this Section. If as a result of the hearing it is determined that the penalty was wrongly assessed, the City shall refund any money deposited to the person. The decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council.
(4)It shall not be a defense to the assessment of any penalty or to any other civil enforcement action provided for under this Section for a person to assert that any violation of Sections 7.60.030-7.60.060 was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.
(5)Any penalty collected hereunder shall be deposited in the Refuse Fund to be used as reimbursement for the Department of Environmental and Public Works Management’s costs and expenses of administration and enforcement of this Chapter.
(b)Any violation of this Chapter shall constitute an infraction punishable by a fine of five hundred dollars. Each day that a violation occurs shall constitute a separate offense.
(c)A violation of any provision of this Chapter is declared to be a public nuisance and may be abated pursuant to Santa Monica Municipal Code Chapter 8.96 or by means of a civil action.
(d)The City may enforce the provisions of this Chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence.
(e)Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this Chapter may be enjoined by any court of competent jurisdiction.
(d)The penalties and remedies established by this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.
SECTION 2 Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 3 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4 The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
