Ordinance Number 887ORDINANCE NO. 887
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF CHAPTER 3 OF
TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
REGARDING CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING (TITLE 6, CHAPTER 3).
WHEREAS, Chapter 3 of Title 6 of the San Juan Capistrano Municipal Code
regulates the storage, removal, transportation and disposal of solid waste; and,
WHEREAS, the Code does not currently provide for the recycling or reuse of
construction and demolition debris; and,
WHEREAS, the volume of recyclable construction and demolition debris going to
the landfills constitutes a threat to the public health, safety and welfare in that the
available landfill capacity and sites are quickly diminishing; and,
WHEREAS, the State of California, through the California Waste Management
Act, AB 939 (California Public Resources Code Section 40000 et seq.), has mandated
that cities in California make substantial reductions in the volume of waste material
going to the landfills of this State; and,
WHEREAS, the adoption of a construction and demolition debris ordinance is
necessary to protect the public health, safety and welfare, and to achieve the goals of
AB 939.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION J. FINDINGS. The City Council of the City of San Juan Capistrano
finds and determines as follows:
(a) The State of California, through its California Waste Management Act of
1989, Assembly Bill 939 (AB 939), Public Resources Code §§ 40000 et seq., requires
that each local jurisdiction in the state divert 50% of discarded materials from landfills
commencing on January 1, 2000, and to maintain that level of diversion in subsequent
years.
(b) Senate Bill 1374 (Cpt. 501 Stats. 2002) requires the City to track
construction and demolition waste generated in the City.
(c) Every year construction and demolition wastes account for a significant
amount of the City's total landfill disposal waste.
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(d) Construction and demolition debris has significant potential for waste
reduction and recycling, and recycling Construction and demolition debris is essential to
advance the City's efforts to reduce waste and comply with AB 939.
(e) Except in unusual circumstances, it is feasible to divert a minimum of 50%
of all Construction and demolition debris from construction, demolition and renovation
projects.
(f) The City accepted a condition to adopt a Construction and demolition
debris Recycling Ordinance that was imposed by the California Integrated Waste
Management Board when the City accepted the Board's approval of the City's SB 1066
time extension request.
SECTION 2. Section 6-3.03 of the San Juan Capistrano Municipal Code
(Definitions) is hereby amended by adding the following definitions:
"Contractor" means any person or entity holding, or required to hold, a
contractor's license of any type under the laws of the State of California, or who
performs (whether as contractor, subcontractor or owner -builder) any construction,
demolition, remodeling, or landscaping service relating to buildings or accessory
structures in the City of San Juan Capistrano.
"Construction, remodeling or demolition project" means the erection or
demolition of or the making of changes to any building, structure or landscaping which
generates construction and demolition debris. "Construction and Demolition Debris"
shall mean used or discarded materials removed from premises during construction,
renovation, remodeling, repair, or demolition operations on any pavement, house,
commercial or industrial building, or other structure and shall include, but not be limited
to concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and
metal.
"Designated Recyclable and Reusable Materials" means all construction or
demolition debris falling within any of the following categories:
1. Masonry building materials including all products generally used in
construction 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,
Ordinance 887 2 11-18-2003
logs, brush or any other type of plants that are cleared from a site
for construction or other use.
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 construction or demolition debris that is non -hazardous
and available for recycling or reuse.
"Diversion" means a reduction in the amount of waste being deposited in landfills
by any of the following methods:
1. Use of new construction methods, approved by the Solid Waste
Coordinator, that reduce the amount of construction and demolition
waste generated.
2. On-site reuse of the construction and demolition debris.
3. Delivery of the construction and demolition waste from a site to a
recycling facility as described in this Article.
4. Other methods approved by the Solid Waste Coordinator.
"Recycling" shall mean 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.
"Reuse" shall mean further or repeated use of Construction and Demolition
Debris.
SECTION 3. The following subsections are hereby added to Section 6-3.08 of
the San Juan Capistrano Municipal Code, to read as follows:
Sec. 6-3.08.01 Minimum Construction and Demolition Debris Diversion
Requirements
Every demolition, remodeling and construction project subject to this chapter
shall recycle, reuse or divert from the landfills or disposal sites the following minimum
Ordinance 887 3 11-18-2003
amounts of designated recyclable and reusable materials in the following percentages
based upon the waste tonnage of construction or demolition debris involved in the
construction, remodeling or demolition project:
(i) Demolition—Fifty percent (50%) of waste tonnage of construction
and demolition debris including concrete and asphalt, and fifteen percent (15%), of
waste tonnage of construction or demolition debris excluding concrete and asphalt.
(ii) Re -roofing of Homes with Shingles, Shakes or Tiles as a Separate
Project—fifty percent (50%) of waste tonnage of construction or demolition debris.
(iii) Construction and Remodeling—Fifty percent (50%) of waste
tonnage of construction or demolition debris.
Separate calculations and reports will be required for the demolition and for the
construction portion of projects involving both demolition and construction.
Sec. 6-3.08.02 Condition Precedent to Issuance of Building or Demolition Permit
Prior to the issuance of, any building or demolition permit, every applicant shall
submit to the Solid Waste Coordinator of the City a properly completed 'Recycling and
Waste Reduction Form," on a form as prescribed by the Solid Waste Coordinator. The
form shall contain an accurate estimate of the tonnage or other specified units of
construction and demolition debris to be generated from the construction, demolition or
remodeling project. An applicant shall not be issued a building or demolition permit until
the Solid Waste Coordinator accepts the Recycling and Waste Reduction Form as
complete and accurate.
Sec. 6-3.08.03: Exemptions
(a) The following projects are exempt from the requirements of Section 6-3-08.02.
Work for which only a plumbing, electrical, or mechanical
permit is required.
2. Seismic tie -down projects.
3. Installation of prefabricated patio enclosures and covers
when no foundation or other structural building modifications
are required.
4. Installation of prefabricated accessories such as signs or
antennas where no structural building modifications are
required.
5. Projects less than 250 square feet in size.
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6. Projects, which have a valuation of less than $10,000.00.
7. Projects, which involve a roof, but the tear -off of the existing
roof, is not required.
8. The construction of new fencing.
9. Single family dwelling (SFD), on a single lot, and not part of
a subdivision project, which obtains a construction and
demolition Drop Off Box ("DOB") Service for the project from
a solid waste hauler that holds a franchise for solid waste
disposal issued by the City, and using that Service for the
disposal of all construction and demolition waste from the
project that is not reused or recycled at the site of the
project. Additionally, this exception shall not apply to SFD
with a valuation of $500,000.00 or more, or which exceeds
5,500 s.f. or more, whichever is less.
10. Construction or demolition work that the Solid Waste
Coordinator determines will not produce construction or
demolition waste.
(b) If an applicant for a project wants to obtain an exemption for that project,
then the applicant shall file with the City an application for exemption. The
applicant shall comply with the following:
1. The application shall be filed with the Solid Waste
Coordinator
2. The application will state the facts and reasons supporting
the exemption.
(c) The Solid Waste Coordinator shall review each application for exemptions
and determine whether an exemption is allowed by this Section and
communicate that decision to the applicant.
Sec. 6-3.08.04 Deposit of Security Required
As a part of any application for, and prior to the issuance of, any building or
demolition permit, every applicant for a building or a demolition permit that involves the
production of solid waste destined to be delivered to a landfill shall post a security
deposit in the form of a Performance Bond, Money Order, Letter of Credit, Certificate of
Deposit or cash in the amount determined in accordance with the then current
resolution of the City Council determining the same.
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Sec. 6-3.08.05 Refund of Security Deposit.
The security deposit shall be returned or released, without interest, upon proof to the
satisfaction of the Solid Waste Coordinator, that no less than the required percentages
or proven proportion of those percentages of the tons of construction or demolition
debris generated by the construction, remodeling or demolition project have been
diverted from landfills and have been recycled or reused.
a. An applicant may obtain a refund of a security deposit for a project by
complying with the following:
1. The applicant shall file an application for a refund with the
Solid Waste Coordinator.
2. The application shall include information demonstrating that
either the applicant has complied with the required waste
reduction and recycling plan, or the applicant has obtained
and utilized DOB Service for the project.
b. The Solid Waste Coordinator shall refund or release the security
deposit for a project when any of the following apply.
1. The security deposit was erroneously paid or collected.
2. The application for the permit is withdrawn or canceled
before any construction work has commenced.
3. The minimum required diversion percentage of construction
and demolition debris generated by the project was diverted
from landfill disposal.
4. The minimum diversion requirement has not been achieved,
but the Solid Waste Coordinator determines that the
applicant has made a good faith effort to comply with the
diversion requirements of this chapter and it is not
practicable or feasible for the applicant to meet the diversion
requirement.
5. The applicant has complied with and performed all the
requirements of the waste reduction and recycling plan for
the project.
6. The applicant has obtained DOB Service for the project and
used the Service at the project site continuously until
completion of the project.
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Sec. 6-3-08.06 Forfeiture of Security Deposit.
If the Solid Waste Coordinator determines that the applicant has not made
a good faith effort to comply with this chapter, or if the applicant fails to submit the
documentation required by Section 6-3.08.04, then the security deposit shall be forfeited
to the City.
Sec. 6-3-08.07 Use of Forfeited Security Deposits.
Security deposits received by the City shall only be used for the following:
a. Administrative costs of the construction and demolition debris
recycling program which are not covered by the application fee established pursuant to
this chapter.
b. Programs to divert construction and demolition waste from landfill
disposal and other recycling programs.
C. Programs intended to develop or improve the infrastructure needed
to divert construction and demolition waste from landfill disposal and other recycling
programs.
d. Programs for recycling education efforts.
e. Payment of any fines levied by the California Integrated Waste
Management Board for non-compliance with Integrated Waste
Management Act.
Sec. 6-3.08.08 Administrative Fee
As a part of any application for, and prior to the issuance of, any building or
demolition permit that involves the creation of construction and demolition debris, every
applicant shall pay to the City an application fee sufficient to cover all City expenses
incurred in administering the program. The amount of the fee shall be determined by
resolution of the City Council.
Sec. 6-3.08.09 On -Site Practices
During the term of any construction, remodeling or demolition project, the
contractor shall recycle or divert the required percentages of construction or demolition
debris, and keep records thereof in tonnage or in other measurements approved by the
Building Department that can be converted to tonnage. The Solid Waste Coordinator or
his representative will evaluate and monitor each project to gauge the percentage of
construction or demolition debris recycled, salvaged and disposed from the project. The
required diversion of a minimum of the required percentages of the construction or
Ordinance 887 7 11-18-2003
demolition debris will be measured separately with respect to the demolition segment
and the construction segment of a project where both demolition and construction are
involved. To the maximum extent feasible, on-site separation of scrap wood and clean
green waste in a designated debris box or boxes shall be arranged, in order to permit
chipping and mulching for soil enhancement or land cover purposes. In order to protect
chipping and grinding machinery, metal and other materials which cannot be chipped or
ground shall not be placed in such boxes. On-site separation shall be undertaken for
wallboard to the extent feasible on new construction.
Sec. 6-3.08.10 Reporting
Within sixty (60) days following the completion of a demolition or construction
project, the contractor shall, as a condition precedent to final inspection and to issuance
of any certificate of occupancy, submit documentation to the Solid Waste Coordinator,
which proves compliance with the requirements of Section 6.3.08.01. The
documentation shall consist of a final completed 'Recycling and Waste Reduction Form"
showing 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. Receipts and weight tags will be used to verify whether materials generated
from the site have been or are to be recycled, reused, salvaged or to otherwise
disposed of. If a project involves both demolition and construction, the report and
documentation for the demolition project must be submitted and approved by the Solid
Waste Coordinator before issuance of a building permit for the construction project. In
the alternative, the permitee may submit a letter stating that no waste or recyclable
materials were generated from the project. In which case, this statement shall be
subject to verification by the Solid Waste Coordinator. Any deposit posted pursuant to
Section 6.3.08.03 shall be forfeited if the permittee does not meet the timely reporting
requirements of this section.
SECTION 4. Section 6-3.15 of the San Juan Capistrano Municipal Code is
hereby amended to read as follows:
Sec. 6-3.15 Violations.
(a) Any and each violation of this chapter shall constitute a separate and
distinct offense punishable in accordance with Chapter 2 of Title 1 of this
Code.
(b) In addition to the penalties herein, if violations of the provisions of this
chapter exist as to a project, the Building official may use various
administrative measures to insure compliance. Measures available
include but are not limited to:
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1) Issuance of a building permit or a certificate of
occupancy for that project may be withheld until all such
violations have been corrected,
2) Issuance of a stop work notice, until all such violations
have been corrected,
3) Stopping all inspections on subject project, until all such
violations have been corrected,
4) Other measures recommended by the City attorney.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase added by this ordinance, or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective 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 any or more subsections, subdivision, paragraphs,
sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 7. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be
posted at the duly designated posting places within the City and published once within
fifteen (15) days after passage and adoption as.required by law; or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance; and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post a certified copy of this ordinance, together with the vote for and against the
same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED, this 18`h day of November 2003.
JOIN S. MAYOR
ATTEST:
4ret R. Monahan, City Clerk
Ordinance 887 9 11-18-2003
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Ordinance No. 887
which was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 4t' day of November 2003 and that thereafter, said Ordinance
was duly adopted and passed at the Regular Meeting of the City Council on the 18th
day of November 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto, and Mayor Gelff
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
R. MONAHAN, City Clerk
11-18-2003