HomeMy WebLinkAbout27- Public Works CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIOG R I G I N A L
From: Randy Kuettle, Acting Director Subject: Public Hearing — Ordinances and
Resolutions establishing the Construction and
Dept: Public Works Demolition Recycling Program and related
fees and charges and establishing the roll-off
Date: September 14, 2010 bin definition and regulations of self-haul.
Meeting Date: September 20, 2010
Synopsis of Previous Council Action:
January 19, 2010 (MC 1321)—An urgency Ordinance was approved by the Mayor and Common
Council of the City of San Bernardino in order to amend the definition of "Roll-off Bin"
contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and
declaring the urgency thereof.
October 2, 2006 (MC 1232) —An Ordinance of the Mayor and Common Council of the City of
San Bernardino, California Repealing Chapter 8.21; Repealing and Replacing Chapter 8.24 of
the San Bernardino Municipal Code Regarding Garbage and Rubbish and Repealing and
Replacing Chapter 8.25 regarding scavenging of recyclable materials.
Recommended Motion:
1. That a public hearing relative to establishing a Construction and Demolition
Recycling Program (C&D) Program be closed.
2. That said resolutions A and B, be adopted; and that said ordin e€s C, D d E,be
laid over for final adoption.
Signature
Contact person: Randy Kuettle, Acting Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolutions, Ordinances and
Attachments
FUNDING REQUIREMENTS: Amount: (No Cost to the City)
Source: No impact to the General
Fund
Finance:
Council Notes: SO 'S
Neu, Backup
Agenda Item No. 02 -7
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Public Hearing — Ordinances and Resolutions establishing the Construction and Demolition
Recycling Program and related fees and charges and establishing the roll-off bin definition and
regulations of self-haul.
Background:
On January 19, 2010, an urgency ordinance was passed that amended the definition of"Roll-off
Bin" contained in Section 8.24.060 (W), of Chapter 8.24 of the San Bernardino Municipal Code.
The definition of"Roll-off Bin" was changed because the Public Works Department, hitegrated
Waste Management Division was being prevented from enforcing San Bernardino Municipal
Code Section 8.24.270 (Roll-off Bin—Franchise Required).
A Legislative Review Committee (LRC) meeting was held on February 2, 2010 to review and
discuss the urgency ordinance. Council committee members identified issues with the roll-off
ordinance restrictions and requested more "business friendly" options. Therefore, Council
Committee members asked staff to identify options for regulating self-hauling for contractors in
the City.
In conjunction with establishing the self-haul provisions, staff was in the process of developing a
construction and demolition ordinance. A Construction and Demolition (C&D) Ordinance is an
effective method for diverting material from disposal facilities. In general, C&D materials
include construction waste such as concrete, asphalt, drywall, and lumber. In an effort to provide
clear, concise guidelines for contractors, LRC asked staff to combine the self-haul roll-off
provisions and the C&D Ordinance as one item. The proposed C&D ordinance is modeled after
those posted on the Department of Resources Recycling and Recovery(CalRecycle)website.
Since the proposed action involved fees and deposits, it is necessary to hold a public hearing.
This proposed action has been noticed in the Sun newspaper on August 28, 2010.
Construction and Demolition Ordinance :
A C&D Ordinance is an effective method for diverting material from disposal facilities in order
to reduce waste going to landfills. The purpose of the ordinance is to protect the public health,
safety, and welfare of the community and to achieve the mandate of the California Waste
Management Act of 1989. Through this Act, commonly referred to as Assembly Bill 939 (AB
939), each local jurisdiction in the State is required to divert 50% of discarded materials from
landfills. Cities and counties could face fines up to $10,000 per day for not meeting the 50%
diversion mandated goal.
A C&D Ordinance for the City of San Bernardino will achieve the following:
(1) Encourage overall recycling within the City limits, 2'
I,
Del'10-2010
�� 1
(2) Act as a support for the existing roll-off ordinance,
(3) Decrease reliance on local landfills, and
(4) Meet the State requirement for a C&D program and bring the City in alignment with
other California cities.
Staff conducted a survey of eleven surrounding cities; nine have construction and demolition
ordinances in place and approximately half of the cities surveyed have a deposit associated with
the program, to provide an incentive for compliance. In regards to the self-haul provision, of the
eleven cities surveyed, only two cities allow subcontracting of roll-off bin service. Staff from
these two cities indicated that they are currently revising their ordinance to address reporting and
enforcement issues generated by allowing subcontractors to self-haul. (Attachment 1)
Since the C&D ordinance and self-haul provisions are related, local developers/contractors have
agreed to obtain a current building and a demolition permit for each job. The proposed
ordinance will require residential and commercial C&D projects with valuations of$150,000 or
more to divert 50% of the material to recycling facilities. If the project meets the threshold, the
contractor/developer will submit an application fee of$34.00 per project (Attachment 2) and a
refundable deposit that is based on 0.25% of the total project valuation (Attachment 3). Upon
submitting the deposits and fees, a building and demolition permit will be issued by the
Community Development Department. It is anticipated that 5% of the projects processed
through the Community Development Department will meet the proposed threshold for C&D
projects.
Once the project is complete and the building inspector signs-off on the final project, the
contractor has 60 days to submit the construction and demolition waste recycling and disposal
report. If the project met the 50% diversion requirement, then the entire deposit will be
refunded. If the contractor recycles less than the required amount, the contractor will be
refunded a percentage equal to the actual diversion amount. If the contractor fails to submit the
documentation within 60 days,the entire deposit is forfeited to the City.
Outreach and Education
Staff worked with local contractors and drafted the ordinance to address the objectives of the
LRC Committee, contractors, and the City's current franchise haulers (Burrtec and Cal
Disposal). On February 24, 2010, staff met with four local contractors and discussed their need
for temporary relief and presented options that would meet the objectives of the LRC
Committee. The local contractors, developers, and Building Industry Association (BIA) were
notified via e-mail of this proposed construction and demolition ordinance and self-haul
provisions in early May 2010. A formal meeting was held at City Hall on May 17, 2010 to
discuss these items. No contractors, Building Industry Association members nor developers
attended the meeting. An updated self-haul document was sent to local contractors on July 29,
2010 and the parties that responded stated that they had no issues or concerns with the document
and were looking forward to the implementation of the program.
Once the recommended actions are approved by the Mayor and Common Council, a
Construction and Demolition Waste Recycling Program brochure will be developed and
available at the Community Development counter. There will be a section on the City website
detailing the information as well. The City will provide a six-month grace period to the C&D
2
ordinance and self-haul permits to determine if any adjustments need to be made. Staff will
conduct several workshops and information sessions during the grace period for continued
outreach and educational purposes This will allow for ample feedback from builders and
contractors regarding any issues or concerns.
Self-hauling Provisions:
A state licensed construction contractor, whether acting as a general or subcontractor on a job,
may self-haul recyclables, construction and demolition debris as set forth in Section 8.24.530
generated by the construction contractor from any job site within the City provided:
(1) The construction contractor has a City business registration certificate; and
(2) The construction contractor owns or leases the self-hauling equipment, and the self-
hauling equipment is clearly marked with the identity of the construction contractor; and
(3) The construction contractor produces proof of insurance for said vehicle; and
(4) The construction contractor's self-hauling equipment is operated by an employee of the
construction contractor; and
(5) The construction contractor holds a current building and demolition permit for the job
from which the self-hauling is made and complies with the construction and demolition
provisions of the City; and
(6) The construction contractor applies for a construction and demolition self-haul permit
and pays the$130.00 fee(Attachment 4); and
(7) The construction contractor remits the deposit of 0.25% of the valuation of the project.
Based on these proposed provisions, contractors will be allowed to haul roll-off bins in the City
of San Bernardino under specific guidelines. Upon obtaining a current business registration
certificate, the construction contractor will apply for the appropriate permits including the
building and demolition permit and the construction and demolition self-hauling permit. Upon
executing the permits, the construction contractor shall adhere to the C&D 50% diversion
requirement and the fees and requirements thereof. Upon completion of the project, the
construction contractor shall remit the appropriate documents for the diversion requirement for
the release the C&D deposit.
Enforcement:
Staff will inspect the project sites of all self-haulers on a routine schedule and monitor all other
project sites to assure that contractors are complying with the C&D, roll-off, and self-haul
ordinances. In accordance with SBMC Chapter 8.24 Refuse and Solid Waste, Chapter 9.90
Authority to Arrest-Citations, Chapter 9.92 Administrative Citation Process, and Chapter 9.93
Administrative Civil Penalties, the following enforcement steps may be applied by an
Enforcement Officer for a violation of the City's self-haul provision:
• 1 sr Violation- 24-Hour Notice to Remove Roll-Off Bin
• 2"d Violation-$100.00 Administrative Citation
• 3rd Violation-$200.00 Administrative Citation
• 4d'Violation-$500.00 Administrative Citation
• Subsequent Violations-Administrative Civil Penalties
3
Financial Impact:
There will be no impact to the General Fund. The estimated roll-off gross revenue for fiscal year
2010/2011 is $2,500,000. The implementation of self-haul will decrease City roll-off service
requests due to contractors hauling materials without the need to utilize City services. Therefore,
the loss to the City is estimated at a minimum of 2%of the estimated gross revenue or$50,000.
However, the proposed self-haul permit fee is estimated to generate $37,000 annually. In
addition, staff estimates the City will generate approximately $13,000 ($34.00 application fee x
385 permit/year) annually in application fees. These fees will offset the loss revenue of$50,000
and cover the staff time necessary to implement and monitor the program. Monies received as a
result of forfeited deposits are unknown at this time but will be used for additional programs to
promote and divert recyclable materials.
Recommendation:
1. That a public hearing relative to establishing a construction and demolition
recycling program(C&D)Program be closed.
2. That said resolutions A and B,be adopted; and that said ordinances C, D and E,be
laid over for final adoption.
Attachments:
1. Local C&D Ordinances Overview
2. Application Fee Cost Analysis Worksheet
3. Deposit Cost Analysis Worksheet
4. Self-Haul Permit Cost Analysis Worksheet
4
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Attachment 2
User Fee Determination
Cost Analysis Worksheet
Department/Division I Fundi Accounti User Fee Description Date
Public Works/IWM I I I Application Fee 1 8131/2010
Description of service, demand, subsidy, and other comments:
The contractor or sub-contractor must pay an Application Fee for every project that requires C&D.
This fee will cover the cost for issuing, reviewing and processing the application.
Personnel Costs Labor Kates 7=
Straight Time Fringe Total Direct Dept.or Div. Total Burdene Hours by Total Labor
Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per
Environmental Project Manager 26.03 9.11 35.14 3.514051 38.65 0.15 5.80
IW Field Inspector 21.69 7.59 29.28 2.928 32.21 0.75 24.16
SR. Plans Examiner/Dev. 25 8.75 33.75 3.3751 37.13 0.15 5.57
Services Tech - 0 0.00
0 0.00
0 0.00
01 0.001 1
Total Burdened Personnel Costs per Unit of Service:1 35.52
Material & Rental Costs
Description Cost Each Quantity Required Unit Cost
Total Other costs per Unit of service:
Other Costs Equipment,facility rental, part-time labor w/o benefits)
Description I I Cost Each lQuantity Required Unit Cost
0
Total Other costs per Unit of Service: 0.00
Comparisons to Proposed Fee
More Less lithan S.B. Total semcearectedit $ 35.52
Jurisdiction Fee per Unit Dollars Percentage Cd W,deGen.&Hamm.
Rate @ 25.85% $
TWal Service cosound 35.52
Recommended Fee � 34.00
com 0
Remenced ubs
Fee Sidy $ 1.52
current Fee Nrtwunt
Fee locrease mecmase) R 34.0 U
Attachment 3
User Fee Determination
Cost Analysis Worksheet
Department/Division I Fundi Accounti User Fee Description I Date
Public Works/IWM I I I Deposit 8/112010
Description of service, demand, subsidy, and other comments:
Personnel Costs -Labor Rates 7=7
straight Time Fringe Total Direct Dept.or Div. Total Burdenan Hours by Total Labor
Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. ositicn per Unit Cost per
0.00 0.00 0 0.00 0 0.00
0 0.00 0.00
0 0.00 0.00
0 0.00 0.00
0 0.00
0 0.00
0 0.00
Total Burdened Personnel Costs per Unit of Service: 0.00
Material & Rental Costs
Desenption Cost Each entity Requiredl Unit Cost
Total Other costs per Unit of Service: 0
Other Costs (Equipment,facility rental, part-time labor w/o benefits)
Description Cost Each entity Required Unit Cost
Total Other costs per Unit of Service:
Comparisons to Proposed Fee
More Less than S.B. Total serve Direct con $
Jurisdiction De osiUSquare Foot Dollars Percentage cM-wlds Gen.B Mrsin.
San Bernardino 0.25% $150,000 0.00% Rate®25.95% $ -
San Bernardino $0.25 0.00% Total serviceonsVUnit S -
Grand Terrance $1.00 75.00%
Loma Linda $1.00 75.00% Recommended Fee R 0.25
Laguna Hills $0.35 10.00% Recommended Fee subsidy $ .(0.2�`)
Rancho Cucamonga $5,000 1000-9999 cuneotF..4ve.nt $ —
Fee h¢raess(Decreaas) R 02
Attachment 4
User Fee Determination
Cost Analysis Worksheet
DepartmenUDivision Fundi Account User Fee Description Date
Public Works/IWM I I Self-haul Permit Fee 8/31/2010
Description of service,demand,subsidy,and other comments:
The contractor or sub-contractor must pay a Self-haul Permit Fee for every project that requires C&D.
This fee will cover the cast for reviewing and enforcing the self-haul permit.
Personnel Costs Labor Rates
Sir' ,!it T,D, Fringe Tows DIrnG Der: or Div Tr-al 3,rden,D Hours by Total Labor
Position Labor Benefits Labor Cost Overhead Labor CostlHr. Position per Uri Cast per
Environmental Project Manager 26.03 9.11 35.14 3.51405 38.65 1.25 48.32
IW Field Inspector 21.69 7.59 29.28 2.928 32.21 2 64.42
SR. Plans Examiner/Dev. 25 8.75 33.75 3.375 37.13 0.5 18.56
Services Tech 0 0.00
0 0.00
0 0.00
0 0.00
Total Burdened Personnel Costs per Unit of Service:ji 131.30
Material&Rental Costs
Descdption cost Each uantiy Requietl Uni GOSt
Total Other costs per UnH of Service:
Other Costs(Equipment,facility rental,partitime labor w/o benefits)
oescriplbn Cast Each uantdy Requi id Unit Cost
t)
ToWI Other costs per Unit of Service: 0.00
Comparisons to Proposed Fee
More(Los )than S.B. Tow savke o:an can $ 131.30
Jurisdiction Fee per Unit Dollars Percentage Cn/'veae can.It Mind.
Fete a 2586%
TWI Sable Cw @ tun, y 131-3n
Recorrananded Fee $_130 nn
Remnmenead Fee subalar $ 1.31
wnera Feea dt S
Fee inoanea lesion a) R 1,100
1
RESOLUTION NO. COPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION AND
3 DEMOLITION RECYCLING PROGRAMS PARAMETERS.
4 WHEREAS, on September 20, 2010, the Mayor and Common Council adopted
5 an Ordinance establishing the Construction and Demolition Recycling Program (Title
8, Chapter 24.5) in order to protect the public health, safety, and welfare of the
6 community, and to achieve the goals of the California Waste Management Act; and
7 WHEREAS, pursuant to Title 8, Chapter 24.5 of the San Bernardino Municipal
8 Code, each Applicant who applies for a building permit for Covered Projects shall remit
a Security Deposit in an amount set forth in a resolution of the Mayor and Common
9 Council; and
10 WHEREAS, pursuant to San Bernardino Municipal Code Section 8.24.5.020(1),
the City Council is to establish the minimum construction and demolition waste
11 diversion requirement by City Council Resolution; and
12 WHEREAS, pursuant to San Bernardino Municipal Code Section 8.24.5.020(B)
13 and (F), the thresholds for the "City Project C&D Waste Policy" and the "Covered
Projects' are established by Resolution of City Council; and
14
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
15 OF SAN BERNARDINO AS FOLLOWS:
16 SECTION 1. Minimum Diversion Requirement. Covered Projects shall divert
17
fifty (50) percent of construction and demolition waste.
18
SECTION 2. Covered Project Thresholds.
19
20 A. All new construction, room additions, re-models, demolition, and alterations:
21 The valuation of the project is $150,000 or greater.
22 B. Demolitions of buildings and structures regardless of costs.
23
24
25
26
27
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f��'2-0-Zl16b
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION AND
2 DEMOLITION RECYCLING PROGRAMS PARAMETERS.
3 SECTION 3. Security Deposit. For each application that meets the thresholds
4 identified in section 2 the following Security Deposits shall apply:
5 A. For all new construction, room additions, re-models, demolition, and
6
alterations the Security Deposit is 0.25% of total project cost not to exceed
7
8 $10,000.
9 B. For demolitions, 0.25% of the total project cost, not to exceed $10,000.
10
SECTION 4. The Application Fee for each application for Covered Projects is
11
12 $34.00.
13 SECTION 5. The "City Project C&D Waste Policy" is as follows:
14 A. All contractors who are constructing a city-contracted project will be
15 required by their contract with the City to divert at least fifty (50) percent of all
16 project-related construction and demolition debris from landfills.
17
B. Upon completion of a City project a contractor must show proof of
18
19 diversion by:
20 1) Submitting a letter on company letterhead to the City that states the estimated
21 tons of construction and demolition debris prior to start of project, a brief
22 description of how project-related debris was recycled or disposed of, and how
23 many tons were diverted from landfills after project completion.
24
2) Attaching original weight slips from Recycling Facilities, or other records of
25
26 measurement to exhibit that project-related construction and demolition debris
27 was diverted from landfills in an appropriate manner.
28
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION
2 AND DEMOLITION RECYCLING PROGRAMS PARAMETERS.
3 3) The Notice of Completion of City-owned projects will not be recorded until these
4 requirements are met to the satisfaction of the Director of Public Works.
5 SECTION 6. The provisions of this Resolution shall become effective when
6
Ordinance No. becomes effective, on 2010. The City Clerk
7
8 is authorized to fill in the ordinance number.
9
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I m
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION AND
3 DEMOLITION RECYCLING PROGRAMS PARAMETERS.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6
meeting thereof, held on the day of 2010, by the
7
8 following vote, to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
12 DESJARDINS
13
BRINKER
14
SHORETT
15
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this day of
23 2010.
24
Patrick J. Morris, Mayor
25 City of San Bernardino
26
Appro d as to Form:
27 By: e-,
J es F. Penman, City Attorney
28
Copy
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING MASTER FEE RESOLUTION 2009-122 IN ORDER
3 TO ADD THE CONSTRUCTION AND DEMOLITION ORDINANCE (C&D) PROGRAM
AND FEES.
4
5 WHEREAS, the Mayor and Common Council amends Resolution 2009-122
establishing the fees and deposits to be charged for the Construction and Demolition
6 (C&D) program; and
7 WHEREAS, the fees and deposits set forth herein shall apply to the C&D
8 Ordinance and Self Haul, and
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
10
SECTION 1. Resolution 2009-122, Part VII Section 51, Construction and
11
12 Demolition (C&D), is hereby added to read as follows:
13 "SECTION 51. Construction and Demolition (C&D) Program and Fees. The
14 following fees and deposits shall apply:
15 1. A $34.00 application fee.
16 2 0.25 percent deposit shall be required on covered C&D projects greater than
17
$150,000
18
SECTION 2. Resolution 2009-122, Part VII Section 52, Self-Haul is hereby
19
20 added to read as follows:
21 "SECTION 52. Self-Haul Permit Fees. The following fees and deposits
22 shall apply:
23 1. A $34.00 application fee per project.
24
2. 0.25 percent deposit shall be required per project regardless of the valuation.
25
3. A self haul fee of$129.00 per project.
26
27
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING MASTER FEE RESOLUTION 2009-122 IN ORDER
2 TO ADD THE CONSTRUCTION AND DEMOLITION ORDINANCE (C&D) PROGRAM
AND FEES.
3
1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
4
5 Mayor and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of 2010, by the
7 following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ
11
12 DESJARDINS
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17
MCCAMMACK
18
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
, 2010.
22
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Apprrdto Form:
26 By:
27 7es F. Pe man, City Attorney
28
j ORDINANCE NO.
COPY
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
3 ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO
ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING
4 PROGRAM
5 WHEREAS, Title 8, Chapter 24 of the City of San Bernardino Municipal
6 Code regulates the storage, removal, transportation, and disposal of solid
7 waste; and,
8
WHEREAS, the State of California through its California Waste
9
10 Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local
11 jurisdiction in the state divert 50% of discarded materials from landfills by
12 December 31, 2000; and
13 WHEREAS, Cities and Counties face fines up to $10,000 a day for not
14 meeting the 50% diversion mandated goal. Failure to comply exposes the City
15
to these penalties; and,
16
17 WHEREAS, Reusing and recycling construction and demolition waste is
18 essential to further the City's efforts to reduce waste and comply with AB 939;
19 and,
20 WHEREAS, Senate Bill 1374 (SB 1374) requires the Department of
21 Recycling Resources and Recovery (CalRecycle) to adopt a model ordinance,
22
and requires, by an unspecified date, local jurisdictions to adopt the model
23
24 ordinance if the local jurisdiction does not have an ordinance already in place;
25 and,
26 WHEREAS, The City Municipal Code does not currently require the
27 recycling or reuse of construction and demolition waste; and,
28
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO
2 ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING
3 PROGRAM
4 WHEREAS, Forfeited Security Deposits may be used to offset costs,
5 penalties, and other fees associated with AB 939.,
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 Section 1. Chapter 8.24.5 is hereby added to Title 8 "Health and Safety'
9 of the San Bernardino Municipal Code to read as follows:
10
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19 ///
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I Chapter 8.24.5
2
3 CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM
4 Sections
5 8.24.5.010 Declaration of Purpose
6 8.24.5.020 Definitions
7 8.24.5.030 Covered and Non-Covered Projects
8 8.24.5.040 Security Deposit Required
9 8.24.5.050 Exemptions
10 8.24.5.060 Refund of Security Deposit
11 8.24.5.070 Application Fee
12
8.24.5.080 Reporting
13
14 8.24.5.090 Appeal
15 8'24.5.100 Severability Clause
16
17 8.24.5.010 Declaration of Purpose
18 The purpose of this chapter is to promote the recycling of construction and
demolition waste, as defined herein, to protect the public health, safety, and
19 welfare and to meet the City's obligations under AB 939 and its Alternative
20 Diversion Debris Requirement approved by the California Department of
Resources Recycling and Recovery ("Cal Recycle").
21 8.24.5.020 Definitions
22
For the purposes of this chapter, unless otherwise apparent from context, certain
23 words and phrases used in this chapter shall have the meanings hereinafter
designated. The definitions in this chapter are included for reference purposes
24 only and are not intended to narrow the scope of definitions set forth in federal or
state laws or regulations. Words used in this chapter in the singular may include
the plural and the plural may include the singular. Use of the masculine shall also
26 mean feminine and neuter.
27 A. "Applicant" means any individual, firm, limited liability company, association,
28
1 partnership, political subdivision, government agency, municipality, industry, public
or private corporation, or any other entity whatsoever who applies, or is required
2 to apply, to the City for permit(s) to undertake a construction, demolition, or
3 renovation project within the City.
4 B. "City Project Construction & Demolition (C & D) Waste Policy' means the City's
standards for recycling C & D Waste from landfills for City contracted projects, set
5 forth in a resolution of the Mayor and Common Council.
6 C. "Construction" means the act of assembly, erection, demolition, addition,
alteration or remodel, and similar and related activities, of any facility, structure,
7 improvement, or any portion thereof, or appurtenance thereto.
8 D. "Construction and Demolition (C & D) Waste„ means used or discarded
9 materials removed from, or to be removed from, the location of a Project
Construction. C & D Waste includes, but is not limited to, Recyclable and Reusable
10 Materials.
11 E. "Construction and Demolition (C & D) Waste Recycling and Disposal Report
Summary” means a form submitted by an applicant for any Covered Project after
12 completion of a Project. The documentation shall include actual data of tonnage.
13 of materials recycled and diverted, supported by originals or certified photocopies
of receipts and weight tags or other records of measurement from recycling
14 companies, contractors and/or landfill and disposal companies.
15 F. "Covered Project" means any Project that meets or exceeds the Covered Project
Threshold set forth by resolution of the Mayor and Common Council.
16
G. "Demolition" means the decimating, razing, ruining, tearing down or wrecking
17 of any facility, structure, pavement or building, whether in whole or in part, whether
18 interior or exterior.
19 H. "Director of Public Works" means the person designated by the City Manager
who is authorized and responsible for implementing this chapter. The term also
20 includes the designees of such person.
21 I. "Diversion Requirement" means the minimum percentage of Construction and
Demolition Waste for each Project to be diverted from landfills as set forth in a
resolution of the Mayor and Common Council.
23 J. "Divert" or"Diversion" means a reduction of the amount of waste being disposed
24 in landfills by any of the following methods:
25 1. Use of new construction methods, as approved by the Director of
Public Works, that reduce the amount of C & D Waste generated.
26
27 2. On-site re-use of the materials/waste.
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1 3. Delivery of the waste from the site to a Recycling Facility.
2 4. Other methods as approved by the Director of Public Works.
3 K. "Project' means any activity that requires an application for a building or
4 demolition permit from the City.
5 L. 'Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning
6 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
7 the marketplace.
8 M. 'Recycling Facility" means a recycling, composting, materials recovery, or
re-use facility that has obtained all applicable federal, state, and local licensing,
9
certification, and permitting and that is operating in full compliance with all
10 applicable regulations. The Director of Public Works shall maintain a list of
approved facilities for reference by the Applicant. The Applicant may use an
11 unlisted facility of their choice if the Applicant, prior to beginning a Project, provides
documentation demonstrating that the unlisted facility qualifies as a Recycling
12 Facility under this definition.
13 N. `Recyclable and Reusable Materials" means all C & D Waste that is within any
14 of the following categories:
"
15 1. Masonry building materials including but not limited to, asphalt,
concrete, rock, stone, and brick.
16
2. Wood materials including any and all dimensional lumber, fencing, or
17 construction wood that is not chemically treated, creosoted, CCA
18 pressure treated, contaminated, or painted.
19 3.. Vegetable materials including trees, tree parts, shrubs, stumps, logs,
brush, or any other type of plants that are cleared from a site as part of
20 the Project .
21 4. Metals including all metal scrap such as, but not limited to, pipes,
siding, window frames, door frames, and fences.
22
23 5. Roofing materials including wood shingles as well as asphalt, stone,
and slate based roofing material.
24 6. Salvageable materials includes all salvageable materials and
25 structures including, but not limited to wallboard, doors, windows,
fixtures, toilets, sinks, bath tubs, and appliances.
26
7. Any other C & D Waste that is non-hazardous and available for
27 Recycling or reuse.
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O. 'Renovation" means any change, addition, or modification in an existing
structure.
2
P. 'Reuse" means further or repeated use of C & D Waste
3
4 Q. "Salvage" means the controlled removal of C & D Waste from a Project site for
the purpose of recycling, reuse, or storage for later recycling or reuse.
5 R. "Security Deposit' means the cash or cash equivalent deposit required as
6 security for all Covered Projects. The amount of the Security Deposit shall be set
forth in a resolution of the Mayor and Common Council.
7
8.24.5.030 Covered and Non-Covered Projects
8
A. Covered Projects: Covered Projects are required to divert Recyclable and
9
Reusable Materials from landfills. The minimum Diversion Requirement is
10 established by resolution of the Mayor and Common Council.
11 B. Non-covered Projects: Applicants for construction, demolition, addition,
alteration, and remodel projects within the City that are not Covered Projects are
12 encouraged to divert the minimum Diversion Requirement.
13 C. City Projects: City Contracted Construction shall adhere to the "City Project C&D
14 Waste Policy" established by resolution of the Mayor and Common Council.
i.. 15 8.24.5.040 Security Deposit Required
16 Except as otherwise specified in this chapter, each Applicant for a building or
demolition permit for a Covered Project, shall remit a Security Deposit in the
17 amount established by resolution of the Mayor and Common Council. The Security
18 Deposit shall be remitted prior to permit issuance.
19 8.24.5.050 Exemptions
20 A. Neither a C & D Waste Recycling and Disposal Report Summary nor a Security
Deposit shall be required for the following:
21
1. Work for which only a plumbing permit, electrical, mechanical permit or
22 a combination thereof is required;
23 2. Seismic tie-down projects;
24 3. Installation of a patio or awning;
25 4. Installation of pre-fabricated accessories such as signs or antennas;
26 5. Residential pools and spas;
27 6. Re-roof projects, block walls, and retaining walls;
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1 7. City Owned Projects;
2 8. Other work that the Director of Public Works determines will not
produce significant quantities of construction or demolition waste.
3
4 B. An Applicant for Projects may submit an application for exemption on the
grounds that the Project will not generate more than 35 gallons of C & D Waste.
5 The application shall be submitted to the Director of Public Works who shall
determine if the Exemption is in compliance with this section.
6
8.24.5.060 Refund of Security Deposit
7
A. The Director of Public Works may authorize the refund of any Security Deposit
8 that was erroneously paid or collected.
9 B. The Director of Public Works may authorize the refund of any Security Deposit
10 when the building permit application is withdrawn or cancelled before any work has
begun.
11
C. The Director of Public Works may authorize the refund of a Security Deposit
12 when the Applicant has satisfactorily submitted the C & D Waste Recycling and
Disposal Report Summary, and at least the minimum Diversion Requirement is
13 met. If the minimum Diversion Requirement is not realized, the amount of the
14 refund shall correspond to the percentage of C & D Waste recycled, reused, or
diverted from the landfill.
15 D. If the Applicant fails to submit the documentation required by Section 8.24.5.080
16 within the required time period, the Security Deposit shall be forfeited to the City.
17 8.24.5.070 Administrative Fee
18 As a part of any application for, and prior to the issuance of, any building or
19 demolition permit, every Applicant for a Covered Project, unless otherwise exempt,
shall pay an Administrative Fee sufficient to compensate the City for all expenses
20 incurred in reviewing the project and reviewing performance. The amount of this
fee shall be set forth in a resolution of the Mayor and Common Council.
21
8.24.5.080 Reporting
22
Within sixty (60) days following the completion of a demolition project and/or a
Covered Project, the Applicant shall, as a condition precedent to release of the
24 Security Deposit, submit a C & D Waste Recycling and Disposal Report Summary
to the Director of Public Works.
25 8.24.5.090 Appeal
26
A. Any person aggrieved by a decision of the Director of Public Works made
27 pursuant to this Chapter may appeal the decision to the Board of Building
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1 Commissioners.
2 B. The appeal shall be filed with the City Clerk within ten (10) days following the
date of the written decision of the Director of Public Works and shall include the
3 payment of all applicable fees. The appeal shall be in writing and set forth (1) the
4 specific action appealed from, (2)the specific grounds for the appeal, and (3) the
relief or action sought from the Board of Building Commissioners. In the event any
5 notice of appeal fails to set forth all information required in this section, the City
Clerk shall return the same to appellant with a statement that if it is deficient, the
6 appellant shall be allowed ten (10) days after the City Clerk mails the appeal
7 application in which to re-file the appeal.
8 C. The decision of the Board of Building Commissioners shall be final and
conclusive and shall not be subject to appeal to the Mayor and Common Council.
g Pursuant to Code of Civil Procedure section 1094.6, any action to review the
decision of the Board of Building Commissioners shall be commenced not later
10 than the ninetieth day after the date the Board's order is adopted.
11 8.24.5.100 Severability Clause
12 If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
13 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
14 the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision,
15 sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or
16 more section, subsection, subdivision, sentence, clause, phrase, or portion thereof
be declared invalid or unconstitutional.
17 Ill
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO
2 ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING
3 PROGRAM
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by
5 the Mayor and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of
7 2010, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQ U EZ
10
11 DESJARDINS
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19 Rachel G. Clark, City Clerk
20
The foregoing resolution is hereby approved this day of
21 2010.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
26 JAMES F. PENMAN, City Attorney
27 By:
28
ORDINANCE NO. C O PY
1
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE
DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF
3 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE.
4 WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets forth
5 uniform requirements and regulations for the direct and indirect users of the refuse and
6 recycling collection services of the City; and
7
WHEREAS, the use and servicing of roll-off bins affects the health, safety, and
8
9 welfare of the community; and
10 WHEREAS, the current definition of "Roll-off Bins" set forth at San Bernardino
11 Municipal Code Section 8.24.060(W) allows for unregulated collection, servicing,
12 transportation, and storage of refuse, posing a threat to the health, safety, and welfare
13 of the community.
14
WHEREAS, there is a need to amend certain sections of Chapter 8.24 of said
15
Code in order to better clarify the definition of 'Roll-off bin" and prevent unregulated
16
17 collection, transportation, storage and servicing of refuse which poses a threat to the
18 health, safety, and welfare of the community.
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27 Ill
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE
1 DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF
2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
4
SECTION 1. San Bernardino Municipal Code Section 8.24.060(W) is amended
5
6 to now read as follows: "W. 'Roll-off bin' means any size container, including but not
7 limited to an open top/compactor bin or drop body, to which are attached rollers or
8 skids that facilitate movement of the container onto or off of a roll-off truck, flat-bed
9 truck, front loading vehicle or similar vehicle, which vehicle is permanently or
10
temporarily fitted for carrying such container, and by which vehicle the container is
11
moved from site to site for use, servicing, or storage. Use, servicing, or storage may
12
13 include, but is not limited to, the collection or deposit of refuse, recyclables, garbage,
14 e-waste, hazardous waste as well as other byproducts of residence, business, or
15 commercial structures."
16 !!/
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE
1 DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF
2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE.
3 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
4 Mayor and Common Council of the City of San Bernardino at a
5 meeting thereof, held on the day of 2010, by the
6 following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 MARQUEZ
10 DESJARDINS
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15
MCCAMMACK
16
17
18
Rachel G. Clark, City Clerk
19
20 The foregoing resolution is hereby approved this day of 2010.
21
22 Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to Form:
24 JA ME PENM]ANCityAft ey
25
By r
26
27
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COPY
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL.
3
4 WHEREAS, the self-haul section 8.24.285 needs to be added in order to
define the term "self-haul" and enforce the Construction and Demolition Program
5 (C&D); and
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The following definition will be included in Section 8.24.285:
9 "Construction Contractor' means any state licensed construction contractor
performing construction at a job site. Construction Contractor includes the general
10 contractor and any subcontractors at the job site. A person or company employed,
whether for a fee or otherwise, to haul recyclables and construction and demolition
11 debris generated by a Construction Contractor is not a Construction Contractor for
12 purposes of this chapter.
13 "Job Site' means a location at which recyclables and construction and
demolition debris are generated by a Construction Contractor.
14
Section: 8.24.285 Self-Hauling
15
16 (A) Subject to subsection (B), a Construction Contractor may self-haul
recyclables or C & D Waste, as defined in San Bernardino Municipal Code section
17 8.24.5.020(D), generated by the Construction Contractor at the Job Site. When acting
as a general contractor, the Construction Contractor may haul these same materials
18 for any Construction Contractor acting as a subcontractor at the same Job Site.
19 (B) The right of a Construction Contractor to self-haul or haul hereunder is
20 subject to the following conditions:
21 (1) All Construction Contractors generating any of the recyclables or C & D
Waste, as defined in San Bernardino Municipal Code section 8.24.020(D), to be self-
22 hauled or hauled shall have a valid City business registration certificate; and,
23 (2) The Construction Contractor owns or leases the self-hauling or hauling
24 equipment, and the equipment is clearly marked with the identity of the Construction
Contractor including, as a minimum threshold requirement, company name, address,
25 and phone number; and,
26 (3) The Construction Contractor provides proof of insurance for said vehicle;
27 and,
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1 (4) The Construction Contractor's equipment shall be operated by an employee
of the Construction Contractor at all times during any self-haul or haul to a disposal or
2 processing facility in a manner consistent with all appropriate laws and regulations;
and,
3
(5) The Construction Contractor performing the self-haul or haul holds a current
4
Building and Demolition Permit which covers all recyclables or construction and
5 demolition debris for which the Construction Contractor will be performing self-hauling
or hauling, and the Construction Contractor complies with the Construction and
6 Demolition provisions of the City.
7 (6) The Construction Contractor shall apply for a Self Hauling Permit Fee as
8 set by the Mayor and Common Council
9 (7) Regardless of the valuation of the project, the Construction Contractor shall
a deposit as set by the Mayor and Common Council.
10
11 SECTION 2. The following fees and deposits will be included in Section
12 8.24.285:
13 (t) A Construction and Demolition application fee per project.
14 (2) A self haul fee per project.
15 3. A deposit shall be required per self haul project regardless of the valuation.
16 SECTION 3. Self-Haul is subject to the rules and regulations as set forth in the
17
San Bernardino Municipal Code Chapter 8.24.5 (Construction and Demolition Waste
18
19 Recycling Program) and fees and deposits as set for by the Mayor and Common
20 Council.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL.
2
HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
3
4 Mayor and Common Council of the City of San Bernardino at a
5 meeting thereof, held on the day of 2010, by the
6 following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
10
BRINKER
11
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18 Rachel G. Clark, City Clerk
19 The foregoing resolution is hereby approved this day of 2010.
20
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to Form:
24 JAME F. PENMAN, City Attorney
25 By:
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