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O 523 C.S. ORDINANCE NO 523 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 6, CHAPTER 4 OF THE ARROYO GRANDE MUNICIPAL CODE TO ESTABLISH A MANDATORY CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM WHEREAS, AS 939 (California Integrated Waste Management Act) requires that each local jurisdiction in the State divert 50% of discarded materials (base year 1990, state methodology) from landfills by December 31,2000; and WHEREAS, the City Council finds that every city and county in California could face fines up to $10,000 a day for not meeting the above mandated goal; and WHEREAS, the City Council finds that reusing and recycling construction and demolition debris is essential to further the City's efforts to reduce waste and comply with AS 939 goals; and WHEREAS, the City Council finds that, except in unusual circumstances, it is feasible to divert an average of at least fifty (50) percent of all construction and demolition debris from projects involving construction, demolition, and renovation; and WHEREAS, the City Council finds that, to ensure compliance with this Article and to ensure that those contractors that comply with this Article are not placed at a competitive disadvantage, it is necessary to impose a civil penalty for noncompliance of this Article; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that establishing a mandatory construction and demolition debris recycling program is in substantial conformance with the Program Environmental Impact Report adopted for the City's Source Reduction and Recycling Element. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Section 6-4.02 of Title 6, Chapter 4, of the Arroyo Grande Municipal Code is amended to add the following definitions: "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. ------ --- ORDINANCE NO. 523 C.S. PAGE 2 "Compliance Official" means the designated staff person(s) authorized and responsible for implementing this Article. "Construction" means the building of any structure or any portion thereof including any tenant improvements to an existing facility or structure. "Construction and demolition debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. "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 recycling plan. "Covered project" shall have the meaning set forth in section 6- 4.18.2(a)(1 ). "Deconstruction" means the systematic removal of usage items from a structure. "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. "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. "Diversion requirement" means the diversion of at least fifty (50) percent by weight of the total construction and demolition debris generated by a Project via reuse or recycling, unless the Applicant has been granted an Infeasible Exemption pursuant to section 6-4.18.2(e), in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the recycling plan Compliance Official for the Project. "Noncovered project" shall have the meaning set forth in section 6- 4.18.2(a)(3). "Project" means any activity that requires an application for a building or demolition permit or any similar permit from the City. "Recycling plan" means a completed recycling plan form, approved by the City for the purpose of compliance with this Article, submitted by the Applicant for any Covered or Noncovered Project. ORDINANCE NO. 523 C.S. PAGE 3 "Renovation" means any change, addition, or modification in an existing structure. "Reuse" means further or repeated use of construction or demolition debris. . "Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse. SECTION 2: Section 6-4.18.2 is hereby added to Chapter 4 of Title 6 of the Arroyo Grande Municipal Code to read as follows: Sec. 6-4.18.2. Mandatory Recycling of Construction and Demolition Debris (a) THRESHOLD FOR COVERED PROJECTS (1) Covered Projects: All construction and renovation projects within the City, the valuation of which are, or are projected to be, greater than or equal to $50,000 ("covered projects"), shall comply with this section. The cost of the project shall be the valuation ascribed to the project by the Building Department. In addition, all demolition projects having a total square footage of more than 1,000 shall be a covered project. Failure to comply with any of the terms of this section shall subject the project applicant to the full range of enforcement mechanisms set forth in subsection (d)(3)(iii). (2) City-Sponsored Proiects: All City-sponsored construction and renovation projects within the City, the costs of which are, or are projected to be, greater than or equal to $50,000 ("covered projects") shall comply with this section. The cost of the project shall be the valuation ascribed to the project by the Building Department. In addition, all City-sponsored demolition projects having a total square footage of more than 1,000 shall be a covered project. These City-sponsored covered projects shall submit a recycling plan to the Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this section with the exception of subsection (d)(3)(iii). (3) Noncovered Proiects: Applicants for construction, demolition, and renovation projects within the City whose total costs are valued at less than $50,000 ("noncovered projects") shall be -------- -~~-- ORDINANCE NO. 523 C.S. PAGE 4 encouraged to divert at least fifty (50) percent of all project- related construction and demolition debris. (4) Compliance as a Condition of ADDroval: Compliance with the provisions of this section shall be listed as a condition of approval on any building or demolition permit issued for a covered project. (b) SUBMISSION OF RECYCLING PLAN (1) Recycling Plan Forms: Applicants for building or demolition permits involving any covered project shall complete and submit a recycling plan on a recycling plan form approved by the City for this purpose as part of the application for the building or demolition permit. The completed recycling plan shall indicate all of the following: i) the estimated volume or weight of project construction and demolition debris, by materials type, to be generated; ii) the maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; iii) the vendor or facility that the Applicant proposes to use to collect or receive that material; and iv) the estimated volume or weight of construction and demolition debris that will be landfilled. (2) Calculating Volume and Weight of Debris: In estimating the volume or weight of materials identified in the recycling plan, the Applicant shall use the standardized Conversion Rates approved by the City for this purpose. (3) Deconstruction: In preparing the recycling plan, applicants for building or demolition permits involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage. (c) REVIEW OF RECYCLING PLAN (1) Approval: Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the recycling plan Compliance Official -_.~_...__._- ORDINANCE NO. 523 C.S. PAGE 5 has approved the recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety as determined by the City Manager or designee. The recycling plan Compliance Official shall only approve a recycling plan if he or she first determines that all of the following conditions have been met: i) the recycling plan provides all of the information set forth in subsection (b); and ii) the recycling plan indicates that at least fifty (50) percent by weight of all construction and demolition debris generated by the project will be diverted. If the recycling plan Compliance Official determines that these conditions have been met, he or she shall mark the recycling plan "Approved", return a copy of the recycling plan to the Applicant, and notify the Building Department that the recycling plan has been approved. (2) Non-aDDroval: If the recycling plan Compliance Official determines that the recycling plan is incomplete or fails to indicate that at least fifty (50) percent by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either: i) Return the recycling plan to the Applicant marked "Denied", including a statement of reasons, and so notify the Building Department; or ii) Return the recycling plan to the Applicant marked "Further Explanation Required". (d) COMPLIANCE WITH RECYCLING PLAN (1) Documentation: Prior to receiving a certificate of occupancy or final inspection for the project, the Applicant shall submit to the recycling plan Compliance Official documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted at least fifty (50) percent of the total construction and demolition debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasible exemption pursuant to subsection (e), in which case the diversion requirement shall be the maximum feasible diversion rate ORDINANCE NO. 523 C.S. PAGE 6 established by the recycling plan Compliance Official for the project. This documentation shall include all of the following: i) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material; ii) A copy of the previously approved recycling plan for the project adding the actual volume or weight of each material diverted and landfilled; iii) Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this section. (2) Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the Applicant shall use the standardized conversion rates approved by the City for this purpose. (3) Determination of Compliance: The recycling plan Compliance Official shall review the information submitted under subsection (b) and determine whether the applicant has complied with the diversion requirement, as follows: i) Full Compliance: If the recycling plan Compliance Official determines that the applicant has fully complied with the diversion requirements applicable to the project, he or she shall approve the recycling plan and inform the Building Department that a certificate of occupancy or final inspection can be issued. ii) Substantial ComDliance: If the recycling plan Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to --- ORDINANCE NO. 523 C.S. PAGE 7 comply with this section. In making this determination, the recycling plan Compliance Official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the recycling plan Compliance Official determines that the applicant has made a good faith effort to comply with this section, he or she shall approve the recycling plan and inform the Building Department that a certificate of occupancy or final inspection can be issued. iii) NoncomDliance: If the recycling plan Compliance Official determines that the applicant has not made a good faith effort to comply with this section, or if the applicant fails to submit the documentation required by subsection (a) within the required time period, then the applicant shall pay a penalty in the amount calculated as two (2) percent of the total project valuation. After payment of the penalty, the Compliance Official shall inform the Building Department that a certificate of occupancy or final inspection can be issued. (4) Falsification of Records: If the applicant deliberately provides false or misleading data to the City in violation of this section, the applicant may be subject to penalties in addition to those specified in subsection (d). In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this section. (5) Final ApDroval: All conditions of this section shall be met prior to final approval by the Building Department. (e) INFEASIBLE EXEMPTION (1) Application: If an Applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the recycling plan required under subsection (b). The applicant shall indicate on the recycling plan 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. ~---- ORDINANCE NO. 523 C.S. PAGE 8 (2) Meeting with Recycling Plan Compliance Official: The recycling plan Compliance Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. The recycling plan Compliance Official may request that staff from the San Luis Obispo County Integrated Waste Management Authority or designee attend this meeting or may require the applicant to attend a separate meeting with San Luis Obispo County Integrated Waste Management Authority staff. Based on the information supplied by the applicant and, if applicable, San luis Obispo County Integrated Waste Management Authority staff or designee, the recycling plan Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement. (3) Granting of Exemption: If the recycling plan 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 recycling plan submitted by the applicant. The recycling plan Compliance Official shall return a copy of the recycling plan to the applicant marked "Approved for Infeasible Exemption" and shall notify the Building Department that the recycling plan has been approved. (4) Denial of ExemDtion: If the recycling plan Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a recycling plan form in full compliance with subsection (b). If the Applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with subsection (b), the recycling plan Compliance Official shall deny the recycling plan in accordance with subsection (c)(2). (f) APPEALS (1 ) Contents of Appeals: An appeal of the recycling plan Compliance Official may be made to the Community Development Director in writing not longer than ten (10) calendar days after the Compliance Official's decision. The decision of the Community Development Director shall be final. The appellant must specifically state in the notice of appeal: ORDINANCE NO. 523 C.S. PAGE 9 i) The name and address of the appellant and appellant's interest in the decision; ii) The nature of the decision appealed from and/or the conditions appealed from; iii) A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate; and iv) The specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities. (2) Acceptance of Appeal: An appeal shall not be accepted by the Community Development Director unless it is complete. (g) CIVil PENAL TIES (1 ) Civil Penalty: If the recycling plan Compliance Official, or on upon appeal, the Community Development Director determines that an applicant is in noncompliance as described in subsection (d)(3)(ii), the applicant shall pay a civil penalty in the amount calculated as two (2) percent of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the Building Department. (2) Enforcement: The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the City of Arroyo Grande. SECTION 3: That all ordinances, codes, sections of ordinances and codes, and resolutions that are inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, or unlawful by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful or unconstitutional. -- ORDINANCE NO. 523 C.S. PAGE 10 SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member Dickens, seconded by Council Member Runels, and on the following roll call vote, to-wit: AYES: Council Members Dickens, Runels, lubin, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Ordinance was adopted this 13th day of February, 2001. ORDINANCE NO. 523 C.S. PAGE 11 =- :&~ MICHAEL A. LAD"(," MA R ~ ATTEST: VL..L- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK - - APPROVED AS TO CONTENT: 0~~~ STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: ~ ~~T AITORNEY - I I ------ --------,,-- OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 523 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of February, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of February, 2001. ~ ?/UL ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK _ _..._._._.m_______..__