HomeMy WebLinkAboutMC-1332Adopted: October 4, 2010
Effective: November 4, 2010
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ORDINANCE NO. rtc-1 2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO
ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING
PROGRAM
WHEREAS, Title 8, Chapter 24 of the City of San Bernardino Municipal
Code regulates the storage, removal, transportation, and disposal of solid
~ waste; and,
WHEREAS, the State of California through its California Waste
Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local
jurisdiction in the state divert 50% of discarded materials from landfills by
I December 31, 2000; and
WHEREAS, Cities and Counties face fines up to $10,000 a day for not
meeting the 50% diversion mandated goal. Failure to comply exposes the City
to these penalties; and,
WHEREAS, Reusing and recycling construction and demolition waste is
essential to further the City's efforts to reduce waste and comply with AB 939;
and,
WHEREAS, Senate Bill 1374 (SB 1374) requires the Department of
Recycling Resources and Recovery (CalRecycle) to adopt a model ordinance,
and requires, by an unspecified date, local jurisdictions to adopt the model
ordinance if the local jurisdiction does not have an ordinance already in place;
and,
WHEREAS, The City Municipal Code does not currently require the
recycling or reuse of construction and demolition waste; and,
MC-1332
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO
ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING
PROGRAM
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WHEREAS, Forfeited Security Deposits may be used to offset costs,
~ penalties, and other fees associated with AB 939.,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
Section 1. Chapter 8.24.5 is hereby added to Title 8 "Health and Safety"
of the San Bernardino Municipal Code to read as follows:
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Chapter 8.24.5
CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM
I Sections
8.24.5.010 Declaration of Purpose
18.24.5.020 Definitions
8.24.5.030 Covered and Non-Covered Projects
8.24.5.040 Security Deposit Required
8.24.5.050 Exemptions
8.24.5.060 Refund of Security Deposit
8.24.5.070 Application Fee
8.24.5.080 Reporting
8.24.5.090 Appeal
8.24.5.100 Severability Clause
8.24.5.010 Declaration of Purpose
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
welfare and to meet the City's obligations under AB 939 and its Alternative
Diversion Debris Requirement approved by the California Department of
Resources Recycling and Recovery ("CalRecycle").
8.24.5.020 Definitions
For the purposes of this chapter, unless otherwise apparent from context, certain
words and phrases used in this chapter shall have the meanings hereinafter
designated. The definitions in this chapter are included for reference purposes
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
mean feminine and neuter.
A. "Applicant" means any individual, firm, limited liability company, association,
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partnership, political subdivision, government agency, municipality, industry, public
or private corporation, or any other entity whatsoever who applies, or is required
to apply, to the City for permit(s) to undertake a construction, demolition, or
renovation project within the City.
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
forth in a resolution of the Mayor and Common Council.
C. "Construction" means the act of assembly, erection, demolition, addition,
alteration or remodel, and similar and related activities, of any facility, structure,
improvement, or any portion thereof, or appurtenance thereto.
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D. "Construction and Demolition (C & D) Waste" means used or discarded
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
Materials.
E. "Construction and Demolition (C & D) Waste Recycling and Disposal Report
Summary" means a form submitted by an applicant for any Covered Project after
completion of a Project. The documentation shall include actual data of tonnage
of materials recycled and diverted, supported by originals or certified photocopies
of receipts and weight tags or other records of measurement from recycling
companies, contractors and/or landfill and disposal companies.
F. "Covered Project" means any Project that meets or exceeds the Covered Project
Threshold set forth by resolution of the Mayor and Common Council.
G. "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.
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
includes the designees of such person.
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.
J. "Divert" or "Diversion" means a reduction of the amount of waste being disposed
in landfills by any of the following methods:
1. Use of new construction methods, as approved by the Director of
Public Works, that reduce the amount of C & D Waste generated.
2. On-site re-use of the materialslwaste.
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3. Delivery of the waste from the site to a Recycling Facility.
4. Other methods as approved by the Director of Public Works.
K. "Project" means any activity that requires an application for a building or
demolition permit from the City.
L. "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.
M. "Recycling Facility" means a recycling, composting, materials recovery, or
re-use facility that has obtained all applicable federal, state, and local licensing,
certification, and permitting and that is operating in full compliance with all
applicable regulations. The Director of Public Works shall maintain a list of
approved facilities for reference by the Applicant. The Applicant may use an
unlisted facility of their choice if the Applicant, prior to beginning a Project, provides
documentation demonstrating that the unlisted facility qualifies as a Recycling
Facility under this definition.
N. "Recyclable and Reusable Materials" means all C & D Waste that is within any
of the following categories:
1. Masonry building materials including but not limited to, asphalt,
concrete, rock, stone, and brick.
2. Wood materials including any and all dimensional lumber, fencing, or
construction wood that is not chemically treated, creosoted, CCA
pressure treated, contaminated, or painted.
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
the Project .
4. Metals including all metal scrap such as, but not limited to, pipes,
siding, window frames, door frames, and fences.
5. Roofing materials including wood shingles as well as asphalt, stone,
and slate based roofing material.
6. Salvageable materials includes all salvageable materials and
structures including, but not limited to wallboard, doors, windows,
fixtures, toilets, sinks, bath tubs, and appliances.
7. Any other C & D Waste that is non-hazardous and available for
Recycling or reuse.
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O. "Renovation" means any change, addition, or modification in an existing
structure.
P. "Reuse" means further or repeated use of C & D Waste
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.
R. "Security Deposit" means the cash or cash equivalent deposit required as
security for all Covered Projects. The amount of the Security Deposit shall be set
forth in a resolution of the Mayor and Common Council.
8.24.5.030 Covered and Non-Covered Projects
A. Covered Projects: Covered Projects are required to divert Recyclable and
Reusable Materials from landfills. The minimum Diversion Requirement is
established by resolution of the Mayor and Common Council. .
B. Non-covered Projects: Applicants for construction, demolition, addition,
alteration, and remodel projects within the City that are not Covered Projects are
encouraged to divert the minimum Diversion Requirement.
C. City Projects: City Contracted Construction shall adhere to the "City Project C&D
Waste Policy" established by resolution of the Mayor and Common Council.
8.24.5.040 Security Deposit Required
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
amount established by resolution of the Mayor and Common Council. The Security
Deposit shall be remitted prior to permit issuance.
8.24.5.050 Exemptions
A. Neither a C & D Waste Recycling and Disposal Report Summary nor a Security
Deposit shall be required for the following:
1. Work for which only a plumbing permit, electrical, mechanical permit or
a combination thereof is required;
2. Seismic tie-down projects;
3. Installation of a patio or awning;
4. Installation of pre-fabricated accessories such as signs or antennas;
5. Residential pools and spas;
6. Re-roof projects, block walls, and retaining walls;
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7. City Owned Projects;
8. Other work that the Director of Public Works determines will not
produce significant quantities of construction or demolition waste.
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.
The application shall be submitted to the Director of Public Works who shall
determine if the Exemption is in compliance with this section.
8.24.5.060 Refund of Security Deposit
A. The Director of Public Works may authorize the refund of any Security Deposit
that was erroneously paid or collected.
B. The Director of Public Works may authorize the refund of any Security Deposit
when the building permit application is withdrawn or cancelled before any work has
begun.
C. The Director of Public Works may authorize the refund of a Security Deposit
when the Applicant has satisfactorily submitted the C & D Waste Recycling and
Disposal Report Summary, and at least the minimum Diversion Requirement is
met. If the minimum Diversion Requirement is not realized, the amount of the
refund shall correspond to the percentage of C & D Waste recycled, reused, or
diverted from the landfill.
D. If the Applicant fails to submit the documentation required by Section 8.24.5.080
within the required time period, the Security Deposit shall be forfeited to the City.
8.24.5.070 Administrative Fee
As a part of any application for, and prior to the issuance of, any building or
demolition permit, every Applicant for a Covered Project, unless otherwise exempt,
shall pay an Administrative Fee sufficient to compensate the City for all expenses
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.
8.24.5.080 Reporting
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
Security Deposit, submit a C & D Waste Recycling and Disposal Report Summary
to the Director of Public Works.
8.24.5.090 Appeal
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A. Any person aggrieved by a decision of the Director of Public Works made
pursuant to this Chapter may appeal the decision to the Board of Building
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Commissioners.
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
payment of all applicable fees. The appeal shall be in writing and set forth (1}the
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
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
appellant shall be allowed ten (10) days after the City Clerk mails the appeal
application in which to re-file the appeal.
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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.
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
than the ninetieth day after the date the Board's order is adopted.
8.24.5.100 Severability Clause
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
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
the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or
more section, subsection, subdivision, sentence, clause, phrase, or portion thereof
be declared invalid or unconstitutional.
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MC-1332
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO
ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING
PROGRAM
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
point regular meeting thereof, held on the 4th day of October
2010, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ x
DESJARDINS x
BRINKER x
SHORETT g
KELLEY x
JOHNSON g
MCCAMMACK x
ABSTAIN ABSENT
v
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this ?~ day of octobe~
2010.
rick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN, City Attorney
Bye