HomeMy WebLinkAbout2008/01/14 Board of Appeals & Advisors Agenda PacketItem # 3, A.
t Hi!LAmyiA (.a
Environmental Services Division
Public Works Department
Date:
1/8/2008
To:
Board of Appeals and Advisory
From:
Lsom France, Environmental Services Program Manager
CCI
Brad Reeve, Assistant Director Building and Housing
Lou BI Khazeq Deputy Building Official
Subject Construction and Demolition Debris Recycling Ordinance
The City of Chula Vista is currently not in compliancewhh the State Law—All 939, which requires that
JurlsdlctionsrcduceDo amount of waste going to the landfills by 50% or farce potential fin as of up to$10,000
pardim The Celifornlalntegrated WaSWManSementBoaM(CIWMB)administersthislawv Chula Vista's
Gurrent diversion rate is at4S% and los been progressively declining for the last firs Five yeaBrsedupon
review of the Citys traveling and solid waste program and plans, IACI WMB stronglynecnmmendedlhat
Chula Vista implement a Construction and Demolition Debris Recycling program, particularly given the
amount of construction and demolition materials that are part of the waste stream in San Diego County.
Simplistically stated, Me proposed ordinance will require that applicants for a demolition or construction
permit movidea Waste Managementkeport defining how they will reduce or divert from the landfill 90%of
inert malerialsand 50% mile remainingdebris and give the City a Per fommneeDrposit of3%of the project
valuation. Upon completion of the Ducar the applicant will reader hold Waste Management Plan with the
actual tonnages divested and documentation such asreceipto to have tbeirdepos traflrnded Iftbe spot cart
docs not meat the diversion requlremcatsoronly diverted a portion of die requirement the performance deposit
will be withheld or proportionally moulded.
'I he lownsimentalSinsices Division staff is asking forritr approval and recommendation to Council thatme
orshma cebeadopted 'Meauchred commands present, in greaterdcoil, the maintains and recycling program
requirements
Attachments.
Drell Council Agenda Statement
Doh Ordinance
Draft Waste Management Report
WORKING DRAFT
CITY COUNCIL
AGENDA STATEMENT
CITY OF
h6 `v'
CHULAMSFA
00/00/2008 Item
ITEM TITLE: ORDINANCE AMENDING CHOLA VISTA MUNICIPAL CODE
CHAPTER 8.25 — `RECYCLING", TO IMPLEMENT A
CONSTRUCTION AND DEMOL'HON DEBRIS RECYCLING
PROGRAM.
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
REVIEWED BY: CITY MANAGER
ASSISTANT CITY MANAGER
4/5THS VOTE: YES NO
BACKGROUND
This proposed Construction and Demolition Debris Recycling ONmance is one component of the
City of Chula Vista's AB 939 Integrated Wane Management Plan b divert ma ria from the
landfill—converting waste to a resource. AB 939 requires cities and counties to dive" 50% of the
waste going to landfills or potentially face fines of up to $10,000 per day. The City of Chula Vista
did not meet the landfill diversion good for 2005. The California Integrated Waste Management
Board (CI WMB) strongly recommended that Chula Vista hnplem nt this ordinance in an attempt to
address the declining oracle diversion rate particularly in light of fire potential amount of now
concoction and redevelopment planned for the fume.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance Ovid,
the California Environmental Quality Act (CBQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment because it involves
implementation of a program to recycle construction and demolition materials that would
otherwise be disposed of in the landfill; therefrom, pursuant to Section 15001(b)(3) of the State
CEQA Guidelines the activity is not subject to CBQA. 'thus, no environmental review is
necessary.
RECOMMENDATION
That the City Council adopt lie ordinance amending Chula Vista Municipal Code Chapter 8.25.
WORKING DRAFT WRAP, lam
Page or5
BOARDS/COMMISSION RECOMMENDATION
Board of Appeals and Advisory - January 14, 2008
Resource Conservation Commission—February 4, 2008
DISCUSSION
The CIWMB estimates that Construction Rod Demolition Debris (C&D) Make up 22%ofMe waste
sneam statewide. The City of San Diego conducted a waste stream characterization goody and
found that C&D materials make up between 3545% of the Ntiramar Landfill waste sucam. We
believe Naz approximately 40% of Chula Visa's waste stream is comprised of C&D materials.
Additionally, 25% of Chula Vista's waste stream is delivered W the Olay Landfill by the waste
generators directly, self -hauled
Given this infsmato
strongly recommended
adopt a Cons
Debris Recycli
Board staff provided
valuable
jurisdictions' C&D
model on inaac
with the Local
Technical Advisory Co
during a two-year proce
model ordinance
jurisdictions m
efforl to keep
.similar from j
withen San Diego County.
me clwAIH
jurisdiction
that Chala Vista'
[ruction and Demolition
ng ordinance. The wain
City =IT with
on other
O N
Baa
=
� � 0
_ _
a` �;
= S �se
ar
E
@ o s
0 .1 _
F V +�
A e
sc
m
C&D programs and a
2003
136,961
45,187
182,148
250
e. City emff also worked
Solid Waste Taskmove—
mmittee (TAC)
2004
139,687
63,816
203,503
31%
as to develop a
for San Diego County
2005
158,742
58,917
217,459
2]%
adapt and adopt in an
reporting requirements
2006
156)46
48,197
2041943
24%
m J.'a,icGon
Stakehatderlonut
During this process, me TAC held several meetings with local government representatives and
industry stakeholders including the Budding Industry Association (BTA) and general canirach,
smcla(mrs. City staff solicited Man from level Guidance; and affected city depamments as well.
The proposed Chula Vista ordinance is a culmination of stakeholder input and an adaptation of the
TAC model,
Thm le e proposed C&D ordinance establishes a C&D performance deposit prograprovide an
incentive for applicants to reuse and recycle debris miller than land$Iling it. This is similar to
existing C&D diversion programs in the State Inch as those implemented by San Jose, Oakland,
San Mateo, and San Francisco.
A summary of the proposed Chula Vista program is as follows:
Covered Projects
All applicants for covered projects must comply with the ordinance. No construction permit or
demolition permit approval may be granted until the initial C&D Waste Management Report
(WMR) form has bean received and approved by the Waste Management Report Compliance
WORKMC DRAFT
WONO, Imre
Official (Erviromnemal Services Division anan a cage jos
)d appropriate performance deposit has been
received by the City. Covered
projects include:
• Any project requiring a permit for demolition or construction, which has a
Project valuation of $20,000 or more.
• Housing subdivision construction or demolitions and / or any other sequenced
developments will be considered a "project" in its entirety and not a series of
individual projects.
All City Masmvaion and demolition pr icets shall be considered a covered project and will need
to comply with the program.
Non-Covered Periders
A performance deposit and WMR will not be required for the following prinjecl, but such
projects will he encouraged to divert at least 50% of all project-related construction and
demolition waste materials.
• Work for which a building or demolition permit is not required.
• Roofing projects that do not include teanoff of catering roof.
♦ Work for which only a plumbing, only an electrical or only a mechanical permit
is required.
• Seismic tie-down projects.
♦ Projects less than 10,000 square feet, where no structural building modifications
arc required.
♦ Emergency demolition required to protect public health and safety.
♦ Individual single -family home renovations that are net part of a larger project,
such as a housing or commercial development.
Waste Mane tR rt
All applicants for covered projects must submit a Waste Maiagement Report on a Waste
Management Report Form (Attachment #2) prier issuance of a construction or demolition
Permit, illustrating how they plan to divert 90% of the inch debris (nick, dirt, concrete, asphalt,
tile) and 50%efthe rem ming debris.
• The WMR will be reviewed Rod must be approved prior to issuance of a
construction or demolition permit
♦ The WMR will indicate the following:
i. The typeofproject.
il 'rhetotal squnre footage oftheproject.
ui. The estimated volume or weight of C&D debris that will be reoyoled or
diverted from landfilling.
rv. The maximum volume or weight of C&D debris that will be disposed of in
a landfill; and
v. The venders or facilities that the applicant pmposes as use to collect,
Process, and/or receive the C&D debris.
Performance Deposit
A Performance Deposit will be paid when all permit fees and deposits azo paid. The deposit will
be 3% of the project valuation or a maximum of $30,000. If the deposit amount is $50 or less it
will be waived. Valuation will be established using the Chula Vista Planning and Building
Department standard project valuation tables. Upon completion of the project, the deposit will
WORKING DRAPIo/o/o(D, Item
be refunded based upon the recycling Page 44 of
P y g goals being met. If only a portion of the goal
met, the deposit refund will be prorated accordingly. has been
Performance Deposit Refd
Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the
issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy
for units within a phased pmJect of any covered project, the applicant should submit
documentation Nat it has met the diversion requirements for the project. The diversion
requirement will be 90% diversion of inert materials, rock, din, Concert, asphalt, tile, brick etc.,
and 50% of the rest of the C&D debris generated, via muse and recycling. The documentation
should include all of the following.
1. Receipts from Ne vendor or facility that received each material, showing the actual
volume or weight of Nat material
2. A copy of Ne WMR form in its entirety.
3. Photographs and narrative documentation of the applicant's rouse activities: such as,
grinding up old concrete re me for pipe bed.
Within 30 days atter submitting the performance documentation to the WMR Compliance
Official, a confirmation will be made of the waste diverted and deposit funds released. A sliding
scale for compliance provides a proportional forfeiture of the deposit, depending on what
percentage of materials are or we not reused, recycled/diverted. This table is included in Ne
WMR form.
If the applicant fails to submit Ne documentation required within Ne 30 day time period then the
fortehed performance deposit will be used by the City for waste reduction and recycling
activities.
There are no administrative fes charged to precres the Waste Management Report and
performance deposit as these expenses wil I be covered under the AD 939 fee charged on all solid
waste service invoices.
Anneal Process
The applicant may appeal Ne determination made by Ne WMR Compliance Official. Appeals
shall be made to the City Merger or Designee. 'file appeal shall be in writing and filed wiW the
City Clerk within 10 business days of receipt of the WMR Compliance Official's decision. 'rhe
appeal Aran be limited to the following issues: 1). The granting or denial of an exemption; and
2). The mount of security to be released. The decision apple City Manager or Designee shall be
final.
Diversion Exemptions
Thele is a provision for in an exemption if due to unique circumstances it is li fasible to
meet the diversion requirrmrents_ example: asbestos piping, or asbestos ceiling tiles. Die WMR
Compliance Official will work with the applicant to establish a modified diversion requirement.
Implementation
The Waste Management Iteport and pu£ormance deposit will not be a requirement until July 1,
2008. The purpose in delaying the implementation dace is two -fold. First staff will use the time
between adoption and the implementation date to conduct workshops and other forms of
outreach to the construction industry and the community. Staff will introduce Ne Waste
WDRKIN9 DRAFT 0/0100, Item
Page of
Management Report form; explain the reporting process and that an approved WMR must be
received by the City, prior to Issuance of demolition and cogeneration permits.
Second, mere are several vendors throughout the County who will accept clean, separated loads
of construction materials for recycling and reuse (San Diego County Construction and
Demolition Recycling Guide Atmehment 43). However, mem is only one mixed C&D debris
loads proeessing/recycling Random amenity, HbCO in Lemon Grove. Allied Waste Services, is
in the permitting process to build a C&D prreessing/reoycting facility at the Out Landfill.
Allied projects to have it completed and operational by late next summadeady fall. ]Tis will
provide two, certified C&D processing/recycling facility options for mixed C&D debris with one
conveniently located adjacent to the City of Chula Vista, at the Otay Landfill.
StafTne
The Environmental Services Division of the Public Works Department will administer me Waste
Management Report process. The Waste Management Report is to be submitted and approved by
Envimtmental Services Staff or by City Manager's designee prior to perndt issuance Setting
this process up m advance of the application process minimizes any impacts to the permitting
process. Development Services counter staff will look for an "Approved WMR" to accompany
the respective permit application and process the performance deposit.
Smurna
Given the large volume of C&D materials that are in the waste stream, implementing a C&D
debris recycling/diversion program will have a significant impact on Chula Vista's diversion
umbers. Additionally, these materials arc fairly easy to recycle. The propose of the C&D
performance deposit program will be to provide an incentive for applicants Inc reuse and recycle
these materials turning them into a resource and assisting the City of Chula Vista in meeting the
State mandate landfill diversion goal.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18904.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
This endurance will not impact the General Fund. C&D program administration activities will be
paid for through the AD 939 Fee that covers all activities related to the City of Chula Vista's
recycling and solid waste management artivides.
ATTACHMENTS
1. Draft Ordimhace
2. Draft Waste Management Report Form
3. County Construction and Demolition Recycling Facility Brochure
P11peodr t -hart e.a„ . redoc a„rmsn,.<,. r as amnia ,,o ri,, o„a.f dpab o come„
D RA FT - WORKING DOCUMENT
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE C11Y OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTER 8.25 — TECYCLWG', ADDING A
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCILNG PROGRAM
WHEREAS, under California law as embodied in the California Waste
Management act of 1989, (Caldornia Public Resources Code Sections 40000 at
see ) the City of Chula Vista is required to prepare, adopt and implement source
reduction and recycling plans to reach landfill diversion goals, and is required to
make substantial reductions in the volume of waste materials going to the
landfills, or face fines up to $10,000 per day,
WHEREAS, in order to meet these goals it is necessary that the City
promote the reduction of solid waste, and deducts the stream of solid waste
going to the landfills', and
WHEREAS, waste from construction, demolition, and renovation of
buildings represents a significant portion of the volume of waste presently coming
from the City of Chula Vista and much of this waste is particularly suitable for
recycling and reuse;
WHEREAS, the City's commitment to the reduction of waste requires the
establishment of programs for recycling and salvaging of construction and
demolition (C & O) waste;
WHEREAS, certain types of projects are exempt from these requirments:
NOW, THEREFORE, the City Council of the City of Chula Vista, does
ordain as follows:
SECTION I: That Section 8.25.095 is added to the Chula Vista Municipal Code
along with modifications to Sections 8 25.020 and 8.25.070 as follows.
Chapter 8.25
RECYCLING
Sections:
8,25010 Purpose and intent.
8.25.020 Definitions.
8 25.030 Mandatory fees for recycling.
8 25.035 Reserved.
125 040 Separation of recyclable materials, storage, and
containers.
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8.25.050 Mandatory recycling.
8.25.060 Recycling programs.
8.25.070 Reports.
8.25.080 Scavenging.
8.25.090 Composting.
825095 Construction andDemolition Debts Recycling
8.25.100 Enforcement.
8.25.110 Severability,
8.25.010 Purpose and intent.
The purpose of this chapter is to provide standards for integrated
solid waste management, to include source reduction, recycling
and composting of solid wastes, in order to provide for the long-
term health, safety and welfare of Chula Vista residents through
extending current landfill capacity, preserving resources, and
Providing for the general protection of the environment. The chapter
provides for regulation of the storage, collection, transportation and
recovery of marketable and recyclable materials. (Ord. 2992 § 1,
2005; Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).
8.25.020 Definitions.
For purposes of this chapter, and other municipal code provisions
referring hereto, the following words shall have the meanings
ascribed thereto, unless the context in which they are used clearly
indicates another meaning'.
At "Aluminum' means recoverable materials made from
aluminum, such as used aluminum food or beverage containers,
aluminum not, siding, screening, and other items manufactured
from aluminum.
A2 "Aoplbant" means any indual firm limped liablrty
wmganv association partnership Dol reel subdvsion
og vernHent agency, munlo'IpaliN Industry public or or'vate
Corporation, or any other entity Khatsoever who applies to the City
for the applicable perm is to tl rt k any Construction.
Demolition or Renovation Pro e t thi ih C'N f Ch la Vista.
B. "Bin" shall mean those plastic or metal containers of one cubic
yard (202 gallons) to eight cubic yards that have plastic lids on the
top (unless metal lids are designated by the city manager). Bins are
used for weekly or more frequent collection of waste, yard waste or
designated recyclables by the city or its franchise agent.
C. "Bulky waste" means discarded items whose large size or
shape precludes or complicates their handling by standard
residential or commercial solid waste, recycling and green waste
collection methods. Bulky items include white goods, furniture,
large auto parts, trees, slumps, carpet and other potentially
oversize wastes. Bulky waste does not include hazardous or
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infectious waste unless specifically exempt, such as freon-
containing refrigerators.
D. "Buy-back center" means a facility licensed and permitted by
the Department of Conservation and/or local jurisdiction which pays
a fee for the delivery and transfer of ownership to the facility of
source separated materials for the purpose of recycling or
composting.
E."Cardboard" means past -consumer waste paper grade
corrugated cardboard (grade No. 11), kraft (brown) paper bags, or
solid fiber boxes which have served their packaging purposes and
are discarded and can later be reclaimed for collection and
recovery for recycling.
F. "Cads' shall mean those plastic containers with a capacity of
less than 202 gallons (one cubic yard). Carts shall have a fixed lid
and are designed for automated and/or semi -automated collection
of solid waste, yard waste and/or designated recyclables by the city
or its franchise agent.
G. "City" shall mean the city of Chula Vista, a municipal
corporation of the stale of California, in its present incorporated
form or in any later reorganized, consolidated, enlarged or
reincorporated form.
H. "Collection" means the act of removing and conveying
nonhazardous and noninfectious solid waste, commingled or
s00rce separated materials, from residential, commercial,
industrial, or Institutional (governmental) generators to a facility for
processing, composting, transfer, disposal or transformation.
I. "Commercial" means a site and/or business zoned or permitted
for any use other than residential including, but not limited to,
commercial, light industrial, industrial and agricultural. Commercial
generators that generate three or more cubic yards of waste per
week are serviced by a bin or compactor collection vehicle.
J. 'Commercial recyclables° means designated recyclable
materials from the two commercial subcategories of "office" and
"hospitality" Materials include, but are not limited to: office paper,
cardboard, newspaper, and aluminum from offices; and cardboard,
glass bottles and jars, plastic bottles, aluminum, tin and bimetal
cans, and white goods from hospitality establishments.
K. 'Compactor containers' means those fully enclosed metal
containers of two to 40 cubic yards provided by the city's hauler or
customer. Compactors typically serve very large quantity
generators.
L. "Compost" means the product resulting from the controlled
biological decomposition of organic wastes that are: source -
separated from the municipal solid waste stream.
M. "Composting" shall mean the controlled and monitored
process of converting organic wastes into compost.
DR AFT -WORKING DOCUMENT
N1. "Construction" means the building of any facility or structure
r any portion thereof including any tenant improvements to an
existing facility or surname.
N2 "Construction and Demolition waste' means used or
discarded materials removed from the premises during the
demolition, dredging, grubbing, and building, ate= resulting
from Construction, remodeling, repair, and/omemolition activities
on housing, commercial, governmental buildings, and other
structures and pavement.
01. "Contract or franchise agent(s)" m any person or private
or public entity designated by the city councils pursuant to Article XII
of the city Charter and Chapter 8.23 CVMC, as being responsible
for administering the collection, processing and/or disposal of solid
waste or designated recyclables.
02. 'Conversion Rate" means the rate set forth in the
standardized Conversion Rate Table approved by the Citypursuant
to this Cheater for uses it esfmailnp the volume or weight of
materials Identlfiad in a Waste Management Report.
03. "Covered Project' shall havethe meaning set forth In Section
P. "Recycling box" shall mean those containers with a capacity of
18 gallons to 32 gallons which are supplied by the city or its
franchise agent for manual collection of designated recyclables at
special events.
Q. "Curbside collectionmeans the service of removing and
conveying nonhazardous and noninfectious solid waste, source -
separated recyclables and/or green waste from the public
thoroughfare at the curb or alley- (The city shall make the final
determination regarding eligibility for curbside collection, which
shall generally apply to small quantity generators.)
R.1. "Designated containers' ("containers") shall mean those
containers designated by the city manager for temporary storage
and collection of waste or designated recyclables including but not
c-�2-/-'==rags
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limited to curbside bins, carts, bins, roll -off boxes, and/or compactor
containers.
2."Designated recyclables" means those materials designated
by the city manager for recovery or reuse. Any material having an
economic value on the secondary materials market or that is
otherwise salvageable shall be included and/or other materials that
have been separated from other small quantity or large quantity
generators for the purposes of being recycled for resale and/or
reuse, and placed ata designated recycling or waste collection or
storage location or in a designated recycling or waste container for
the purpose of collection and processing, or any such designated
recyclable materials collected under a mixed waste processing
program. The list includes, but is not limited to: newspaper (ONP),
mixed paper (MP), corrugated cardboard (OCC), steel, tin and bi-
metal cans, metal coat hangers, aluminum containers, white goods,
glass food and beverage containers, No. 1 and No. 2 plastic
containers, all California redemption containers, used oil, used oil
filters, yard waste, clean lumber, concrete and asphalt.
S "Designated solid waste and recycling collection or storage
location"means a place designated by the city manager for storage
and/or collection of waste, green waste and/or recyclables pursuant
to CVMC 8.24.100. Designated locations include, but are not
limited to, the curb, alley, waste/recycling enclosure, a loading
dock, or basement of a commercial enterprise or multifamily
complex where waste and recyclables are placed for collection or
temporary storage prior to collection by the city's franchise agent.
T."Franchised recyclables' means any residential, commercial or
industrial recyclables, as defined herein, to be collected by the
city's contract agent or franchisee, placed in designated recycling
containers or at designated recycling collection or storage
locafion(s).
U. "Garbage" means all nonhazardous, noninfectious organic
waste including : kitchen and table waste, and animal or vegetable
waste that attends or results from the storage, preparation, cooking,
or handling of food stuffs, except organic wastes separated
therefrom and used in composting in accordance with CVMC
8.25.090.
V. "Generator" means every owner, tenant, occupant or person
owning or having the care and control of any premises in the city
including the temporary use of parks, open space or a public
thoroughfare.
W. "Glass bottles and jars" means food and beverage containers
made from silica or sand soda ash, and limestone, the product
being transparent or translucent and being used for packaging or
bodging, including container glass designated redeemable under the
California Beverage Container Recycling and Lifter Reduction Law,
D R A F T- WORKING DOCUMENT
Division 12.1 (commencing with Section 14501 of the California
Public Resources Code, as well as glass jars and bottles without
redeemable value ("scrap"), but excluding household, kitchen, and
other sources of noncontainer glass such as drinking glasses,
ceramics, light bulbs, window pane glass, and similar glass
products that are not bottles or jars.
X. "Grantee" shall mean the city's franchise agent(s).
V. "Green wastes' means the leaves, grass, weeds, shrubs, tree
branches, tree trunk and other wood materials from trees. Green
waste may also include preconsumer food waste, incidental
amounts of waxed or plastic -coated cardboard and mixed paper,
and unpainted and untreated lumber. Green waste does not include
tree stumps in excess of 35 pounds, more than incidental dirt or
rock, plastic, glass, metal, painted or treated lumber, plywood,
particle board, or other manufactured products that contain glue,
formaldehyde, nonorganic or nonbiodegradable materials.
Z. "Green waste processingmeans the accumulation and
storage of green waste in a manner that leads to the intentional or
unintentional thermophilic decomposition of green waste. The
acceptance of payment for green waste and the accumulation of
more than 15 yards or three tons per year of unprocessed,
shredded, ground or composted material shall constitute green
waste processing and is subject to the city, county and state
requirements regulating compost and/or solid waste facilities.
Residential, commercial and agricultural sites that generate,
stockpile or process green waste material generated on-site and
used on-site without sale of finished or unfinished material, lusters
otherwise compliant with all conditions of the municipal code for
nuisance, may apply for an annual exemption.
AA. "Hazardous or toxic waste" means any waste material or
mixture of wastes which is toxic, corrosive, Flammable, explosive,
an irritant, a strong sensitizer, and which generates pressure
through decomposition, heat or other means, if such a waste or
mixture of wastes may cause substantial personal injury, serious
illness or harm to humans, domestic animals, or wildlife, during, or
as an approximate result of any disposal of such wastes or
mixtures of wastes as defined in Section 25117 of the California
Health and Safely Code, which is not legally disposable ata Class
III landfill.
BB. "Hospitality" means any establishment that offers dining
services, food or beverage sales. This includes taverns, bars,
cafeterias, and restaurants, as well as motels and hotels
(temporary housing of less than one month duration), hospitals,
schools, colleges, and other such establishments that have dining
services, or a restaurant or bar, on their premises.
WGRNING ti
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CC. "Industrial recyclables" means recyclables from industrial,
construction, and demolition operations, including, but not limited
to, asphalt, concrete, did, land -clearing brush, sand and rock.
DD. "Industrial solid waste" means solid waste originating from
mechanized manufacturing facilities, factories, refineries,
construction and demolition projects, and/or publicly operated
treatment works, excluding recyclables and compcstables, if
properly handled and treated, and excluding hazardous or toxic
waste.
EE. "Inert waste" means materials such as concrete, soil,
asphalt, ceramics, brick. masonry. tile. earthen cooking ware,
automotive safety glass, and mirrors.
FF. 'Improper disposal" means the discarding of any item or
items upon public or private premises that were not generated on
the premises as a part of its authorized use, unless written consent
of the property owner is first obtained.
GG."Improper disposal site" means any premises that have
intentionally or unintentionally accumulated solid waste or
recyclables and/or charged a fee for accepting material without a
solid waste or composting permit from the county local enforcement
agency. This does not include businesses licensed and permitted in
the city to purchase source -separated recyclables.
HH. "Incidental waste" means less than one pound of waste
deposited in a public litter bin or designated waste container to
prevent litter, such as waste from a fast food meal deposited in a
designated waste container or public litter bin by a pedestrian or
vehicle operator.
IL 'Industrial generator' means any property or generator that is
engaged in the manufacture of products including but not limited to
construction and demolition. Industrial generators are typically
serviced by roll -off box containers of 10 -yard to 40 -yard capacities
and typically generate inert materials such as asphalt, concrete,
building debris and some wood and dry green waste.
JJ. "Industrial" means any form of mechanized manufacturing
facilities, factories, refineries, and construction and demolition
operations, excluding hazardous waste operations.
KK. "Institutional" shall mean any premises owned and/or
occupied by local, state and federal agencies, typically office or
education facilities with a common waste stream.
LL 'Integrated solid waste management" means a planned
program for effectively controlling the storage, collection,
transportation, processing and reuse, conversion, or disposal of
solid waste, recyclables and/or compostables in a safe, sanitary,
aesthetically acceptable, environmentally sound and economical
manner. It includes all administrative, financial, environmental, legal
and planning functions as well as the operational aspects of solid
D R A F T- WORKING DOCUMENT
waste handling, disposal, lifter control and resource recovery
systems necessary to achieve established objectives.
MM. "Landfill" means a disposal system by which solid waste is
deposited in a specially prepared area which provides for
environmental monitoring and treatment pursuant to the California
Code of Regulations, California Public Resources Code and the
Federal Resource Conservation and Recovery Act.
NN 'Large quantity generator' means those residential,
commercial, industrial and institutional entities that generate more
than 300 gallons of waste per week excluding source -separated
recyclables diverted from disposal or transformation.
00. 'Mixed waste processing' means a system of recovering
recyclables from the mixed waste stream through separation at a
processing facility, transfer station, landfill, or other such facility,
instead of separation at the primary waste generation source.
PP. 'Multifamily' means a structure or structures containing a
total of four or more dwelling units in any vertical or horizontal
arrangement on a single lot or building site.
QQ.'Newspaper' means newsprint grace paper including any
inserts that come in the paper, and excluding soiled paper, all
magazines and other periodicals, telephone books, as well as all
other paper products of any nature.
RR1 'Non -Covered Prevent' shall hthe set forth '
Section 825095 of this Chapter
RR. 'Nuisance' means anything which is injurious to human
health, or is indecent or offensive to the senses, and interferes with
the comfortable enjoyment of life or property, and affects at the
same time an entire community or neighborhood or any number of
Persons , although the extent of annoyance or damage inflicted
upon the individual may be unequal, and which occurs as a result
of the storage, removal, transport, processing, or disposal of solid
waste, compost, and/or designated recyclables.
SS. "Office' or "offices' for purposes of this chapter shall mean
any office, combination of offices, or connected building or office
space regardless of office affiliation, ownership, or occupancy. This
includes, but is not limited to, businesses used for retail, wholesale,
professional services, legal services, financial services (to include
banks), medical services, shipping and receiving areas, churches,
schools, colleges, and libraries.
17. Office paper' means waste paper grades of white and
colored ledgers and computer paper. Examples include forms, copy
paper, stationary, and other papers that are generally associated
with desk and employee work area activity, and any additional
materials to be added by ordinance.
UU1. 'Performance Depos t" means cash or check submitted to
the CI
D R A F T- WORKING DOCUMENT
UU2."Plastic bottle° means a plastic container with narrow neck
or mouth opening smaller than the diameter of the container body,
used for containing milk, juice, soft drinks, water, detergent,
shampoo or other such substances intended for household or
hospitality use, to be distinguished from nonbottle containers (e_g.,
deli or margarine tub containers) and from nonhousehold plastic
bottles such as those for containing motor oil, solvents, and other
nonhousehold substances.
VV "Pollution" means the condition caused by the presence in or
on a body of water, soil, or air of any solid waste or substance
derived therefrom in such quantity, or such nature and duration, or
under such condition, that the quality, appearance, or usefulness of
the water, soil, land, or air is significantly degraded or adversely
altered.
WW1. "Processing' means the reduction, separation, recovery,
conversion, or recycling of any component(s) of solid waste,
WW2 "Pro ect" means anv activiW which requires an application
for a Construction or Demolition 't or anV similart from
the City cf Chula Vista
XX. "Putrescible wastes" means the waste in organic material
with the potential decomposition capacity to emit noticeable
quantities of odor and gas by-products. Material in this category
includes, but is not limited to, kitchen waste, dead animals, food
from containers, etc., except organic wastes separated therefrom
and used in composting.
YY. "Recyclables" means any materials that are recyclable,
reclaimable, and/or reusable within the following generating
categoriessmall quantity generator and large quantity generator.
Any material having an economic value an the secondary materials
market or that is otherwise salvageable shall be included and/or
other materials that have been separated from other small or large
quantity generators for the purposes of being recycled for resale
and/or reuse, and placed at a designated recycling or waste
collection or storage location or in a designated recycling or waste
container for the purpose of collection and processing, or any such
designated recyclable materials collected under a mixed waste
processing program.
ZZ. "Recycling" shall mean any process by which materials which
would otherwise be discarded, deposited in a landfill or
transformation facility and become solid waste are collected
(source -separated, commingled, or as "mixed waste') separated
and/or processed, and returned to the economic mainstream in the
form of raw materials or products or materials which are othermse
salvaged or recovered for reuse.
AAA. "Refuse" means garbage and rubbish.
D R A F T- WORKING DOCUMENT
BBB. "Removal" means the act of taking solid wastes or
designated recyclables from the place of generation either by the
contract or franchise agent(s), or by a person in control of the
premises
CCCi. "Removal frequency" means frequency of removal of solid
wastes or recyclables from the place of generation.
CCC2. "Renovation" means any change addition or modificaCon
in an existing structure.
DDD,'Residential,' for purposes of this chapter, means any
building or portion thereof designed or used exclusively as the
residence or sleeping place of one or more persons, including
single- and multiple family dwellings, apartment -hotels, boarding
and lodging houses. "Residential" does not include short-term
residential uses, such as motels, tourist cabins, or hostels which
are regulated as hospitality establishments.
EEEl."Residential recyclables" means those specific recyclable
materials from residential solid waste (single-family and multifamily)
including, but not limited to, aluminum, glass bottles and jars,
newspaper, plastic bottles, lin and bi-metal cans, white goods, and
yard waste.
EEE2. "Reusemeans fudher or repeated use.
FFF. "Roll -off service" means service provided for the collection,
removal and disposal of industrial waste such as construction,
demolition and other primarily fined nonputrescible wastes and
green wastes. Roll -off service is usually provided using metal
containers of 10 to 40 cubic yards that are open on the top with
doors on one end.
GGG. "Rubbish" means nonputrescible solid wastes such as
ashes, paper, glass, bedding, crockery, plastics, rubber by-products
or litter. Such materials that are designated as recyclable or
compost may be exempt from categorizing as rubbish; provided,
such materials are handled, processed and maintained in a
properly regulated manner.
HHH."Salvaging or salvageable" means the controlled and/or
authorized storage and removal of solid waste, designated
recyclables or recoverable materials for the Purpose of recycling
reuse or storage for later recycling or reuse.
III. "Scavenging" means the uncontrolled and/or unauthorized
removal of solid waste, designated recyclables or recoverable
materials. Such activity is unlawful and is a misdemeanor
punishable by up to six months in jail and $1,000 in civil penalties
under CVMC 8.24.200 and 8.25.080 and Chapter 9, Section 41950
of the California Integrated Waste Management Act of 1989.
JJJ. "To segregate waste material" means any of the following.
the placement of designated recyclables in separate containers; the
binding or bagging of designated recyclables separately from other
WORKTili 9RAFT 01,P2 " •n 1
D R A F T- WORKING DOCUMENT
waste material and placing in a separate container from refuse, or
the same container as refuse; and the physical separation of
designated recyclables from other waste material (either at the
generating source, solid waste transfer station, or processing
facility).
KKK."Small quantity generator' means those residential,
commercial, industrial and institutional entities that generate less
than 300 gallons of waste per week excluding source -separated
recyclables; diverted from disposal or transformation.
LLL. "Solid waste" means all putrescible and nonputrescible
solid, semisolid and liquid wastes, such as refuse, garbage,
rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and pads thereof, discarded home
and industrial appliances, manure, vegetable or animal solid and
semisolid wastes, and includes liquid wastes disposed of in
conjunction with solid wastes at solid waste transfer/processing
stations or disposal sites, which are generated by residential,
commercial or industrial sites within the city. Solid waste shall not
include: hazardous and infectious waste, sewage collected and
treated in a municipal or regional sewage system or materials or
substances having commercial value or other importance which
can be salvaged for reuse, recycling, composting or resale.
MMM."State'shall mean the state of California.
NNN."Storage" means the interim containment of solid wastes,
yard wastes, or recyclable$ in an approved manner after generation
and poor to disposal, collection or processing.("Interim' means for
one week or less; roll -off containers may store nonputrescible
waste for up to 30 days.)
000. "Streets and byways° shall mean the public streets, ways,
alleys and places as the same now or may hereafter exist within
said city, including state highways now or hereafter established
within said city.
PPP1.. "Tin and bi-metal cans" means any steel food and
beverage containers with a tin or aluminum plating.
PPP 2. "Total Project Costs" means the total value of a Pro act
as calculetetl using Chula Uste's stand�Fd valuation multipl ers
000."Transfer or processing station" means Mose facilities
utilized to receive solid wastes and to temporarily store, separate,
convert, or otherwise process the solid waste and/or recyclables.
RRRl "Unit" means an Individual residence contained In a
residential multifamily complex.
RRR2. Waste Man@ ement Report (WMR)' means a WMR
form, approved by the City Manager or Designee,for the
of compliance with this r
RRR3 'Waste Management t it rt Compliance Official' means
the designated staff Persomsh authorized by the City Manager and
D R A F T- WORKING DOCUMENT
responsible for implementingthe Construction and Demolition
Debris Recycling Program
SSS. "White goods' means kitchen or other large enameled
appliances which include, but are not limited to, refrigerators,
washers, and dryers.
TTT. "Wood waste" means lumber and wood products but
excludes tree stumps in excess of 35 pounds, more than incidental
dirt or rock, plastic, glass, metal, painted or treated wood, plywood,
particle board or other manufactured products that contain glue,
formaldehyde, nonorganic or nonbiadegradable materials.
DDD. "Vector' means any nuisance such as odor, unsightliness,
sound, or a carrier, usually insects or rodents, that is capable of
transmitting a disease.
VW. "Yard waste" means the leaves, grass, weeds, and wood
materials from trees and shrubs from the single-family and
multifamily residential sources of the city's green waste (to include
landscape handlings from residential sources). Acceptable materials
for collection include all yard waste as herein defined, excluding
treated or processed wood or lumber, bulky waste or any other
materials as shall be determined by the city as to not be
salvageable. All acceptable yard waste shall be void of nails, wire,
rocks, dirt or any other material that is not considered yard waste.
(Ord. 2992 § 1, 2005; Ord. 2740 § 3,1998; Ord. 2492 § 1, 1992).
8.25.030 Mandatory fees for recycling.
A. The city council finds and determines that the regular
collection of recyclables by the contract or franchise agents) of the
city from all places in the city is a service to the premises from
which it is collected. All owners or occupants of premises
generating recyclables shall pay the monthly collection fee charged
by the city's contract or franchise agent, not to exceed the city -
approved maximum rates. A schedule of maximum rates shall be
kept on file with the city clerk and is available for public review.
Maximum rates may be subject to increase pursuant to the terms of
the city's contract or franchise with the contract or franchise
agent(s). Subject to the terms of the then-imeffect contract or
franchise, the council may from time to time establish such rates by
resolution, including the establishment of rates for different
classifications of quantity generators (small quantity generators,
large quantity generators, residential, commercial, or industrial, or
subclassifications thereof) or types of materials generated or other
classifications which are deemed to be in the public interest.
B. Pursuant to California Public Resources Code Section 41900,
at seq., the city may, by resolution of the city council, impose fees
on city generators to pay the actual costs incurred by the city in
D R A F T- WORKING DOCUMENT
preparing, adopting or implementing an integrated waste
management plan in accordance with state mandates.
C. The contract or franchise agent shall provide billing service
and be totally responsible for the collection of such fees, at the
same time and in the same manner as the collection of charges for
refuse collection pursuant to CVMC 8.24.180. No person shall
willfully fail, neglect or refuse, after demand by the contract or
franchise agent(s), to pay the fees provided for herein. (Ord. 2992
§ 1, 2005; Ord. 2740 § 3, 19981 Ord. 2492 § 1, 1992).
8.25.035 Reserved.
(Ord. 2992 § 1, 2005; Ord, 2740 § 3, 1998; Ord. 2492 § 1, 1992;
Ord. 2428 § 1, 1990).
8.25.040 Separation of recyclable materials, storage, and
containers.
A. The owner, operator, and/or occupant of any premises,
business establishment, industry, or other property, vacant or
occupied, shall be rebuttably presumed to be the generators of, and
be responsible for the safe and sanitary storage of, all solid waste,
designated recyclables, and compost accumulated on the property.
The designated recyclables and compost shall be stored separately
from refuse. The property owner, operator, or occupant shall store
such solid waste, designated recyclables, and compost on the
premises or property in such a manner so as not to constitute a fire,
health, or safety hazard, and shall require it to be handled in such a
manner so as not to promote the propagation, harborage, or
attraction of vectors, or the creation of their or other nuisances.
B container or containers for designated recyclables shall be
provided by the contract or franchise agent(s) for any premises
generating residential or commercial recyclables, for the exterior
collection of designated recyclables. Containers for industrial
recyclables shall be provided by the generator of the designated
recyclables, unless otherwise arranged through the city manager.
The containers shall effectively segregate the designated
racyclables from refuse.
C. All such containers to be used in the city's recycling programs
shall be approved by the city manager, in conjunction with the
contract or franchise agent(s) (or, in the case of industrial
recyclables, the generators of the industrial recyclables).
D. Designated recyclables shall be sorted according to type
and/or as established by program guidelines and placed in
separate containers, containers with segregated compartments, or
commingled (in one recycling container), as agreed upon by the city
manager and the contract or franchise agents). Containers, if more
than one, shall be grouped together and placed for collection at the
r;saK£IVs—Dear^�^.,Km,:A:3a,-2+1Y-ee9a
D R A F T, WORKING DOCUMENT
same time as when regular refuse collection occurs or at
designated recycling collection times (if different from refuse
collection)and at designated recycling collection locations.
E. All containers used for recycling purposes, storage or
collection, including commercial and industrial recycling containers
used in city recycling programs as well as all other containers used
for recycling purposes whether owned or operated by a commercial
entity, nonprofit organization, or any other persons or entity, shall
be identified with the name and current telephone number of the
owner or the responsible agency or person. Commercial recycling
containers shall remain locked at all times in order to discourage
scavenging and prevent dumping of refuse in the container, unless
exempted by the city manager in conjunction with the contract or
franchise agent(s).
F. Containers which do not comply with the requirements of this
section shall be presumed to be refuse and taken by the contract or
franchise agents) for disposal or potential use as salvaging or
recycling containers.
G, It shall be unlawful for any person to dispose, dump, or
otherwise place material other than designated recyclables in a
designated recycling container or at a designated recycling
collection or storage location.
H. Exemption. Designated recyclables which are source -sorted
by their generator for the purpose of recycling by selling them to a
buy-back center or donating them to a city -licensed nonprofit or
community group conducting recycling programs for the purpose of
mising funds do not have to be placed in the designated recycling
container required by this section, nor placed in a designated
recycling collection location in accordance with this section. When
designated recyclables are received by a city -licensed nonprofit or
community group conducting recycling programs for the purpose of
raising funds, they shall be stored and sorted in accordance with
this section and transported to a buy-back center for the purpose of
recycling. (Ord. 2992 § 1, 2005; Ord. 2740 § 3, 1998, Ord. 2492
§ 1, 1992).
8.25.050 Mandatory recycling.
It shall be mandatory for all generators of residential, commercial,
and industrial recyclables in the city to separate from refuse, for
recycling purposes, all designated recyclables and otherwise
participate in recycling as described by this chapter. (Ord. 2992 § 1,
2005: Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).
8.25.060 Recycling programa.
A. The city manager shall establish and promulgate reasonable
regulations, guidelines and other program -related specks as to
wenK-aN6_irF' 03re2.
D RA FT - WORKING DOCUMENT
the implementation of recycling programs for residential,
commercial, and industrial recycling, including the method for
collection of designated recyclables.
B. Commercial and industrial establishments shall develop their
respective "in-house' recycling plans that provide for the collection
of designated recyclables In conjunction with the city's established
recycling programs. The city and the contract or franchise agents)
shall assist in program development and provide technical
expertise and training materials.
C. Collection of recyclables from single-family residential units
shall minimally occur once weekly. For commercial and industrial
entities, collection shall be provided as needed to meet demand.
D. The city encourages use of buy-back centers, donation centers
(for used furniture and other reusable bulky items, and nonprofit
agents), scrap dealers, home and commercial composting, source
reduction, and other creative, lawful and environmentally sound
efforts to reduce waste in accordance with this chapter that do not
conflict with any established or planned city -sponsored recycling,
composting or source -reduction programs. (Ord 2992 § 1, 2005;
Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).
8,25,070 Reports.
All commercial and industrial establishments shall submit
recycling tonnage documentation on an annual basis to the city's
conservation coordinator, due on or before January 31st, for the
previous year. Annual reporting shall be on the form promulgated
by the city manager, and commence on the first anniversary of the
date set forth in the mandatory recycling implementation schedule
as established in this chapter as July 1, 1993. Voluntary reporting
prior to the required mandatory recycling is encouraged (Ord 2992
§ 1, 2005', Ord. 2740 § 3, 1998', Ord. 2492 § 1, 1992)
Effective July 1 2008 all Applicants for a Construction or
Demolition permit for a Covered Project must submt e Waste
Management Riffivor_(MLRLto the Waste Management Report
Compliance Official for approval prior to permit issuance per
Chapter 8.25.095.
8.25.080 Scavenging.
A. It shall be unlawful for any person other than authorized city
personnel or contract or franchise agents) to remove any
separated designated recyclables) or salvageable commodity from
any designated recycling collection or storage location, or
designated recycling container. However, the original generator of
the designated recyclables may, for any reason, remove the
designated recyclables placed by said generator from the
D R A F T- WORKING DOCUMENT
designated recycling container or designated recycling collection or
storage location in which said generator had originally placed them.
8. It shall be unlawful for any person to disturb, modify, harm, or
otherwise tamper with any container or designated recycling
collection or storage location containing designated recyclables, or
the contents thereof, or to remove any such container from the
location where the same was placed by the generator thereof, or to
remove the contents of any such container, unless authorized by
the generator of such designated recyclables or duly authorized city
personnel or contract or franchise agent(s). (Ord. 2992 § 1, 2005;
Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).
8.25.090 Composting.
A. Every establisher of a composting pile, bin, holding area or
other such composting system shall first obtain a permit from the
city, if the total volume used within the boundaries of the premises
for composting is 15 cubic yards or greater.
B. Every composting pile, bin, holding area or other such
composting system shall be maintained so as to not create a public
or private nuisance through visual, odor, safety and/or other means,
or as prescribed in Chapter 19_66 CVMC. Without constituting a
limitation on the foregoing, no such composting pile, bin, holding
area or other such composting system shall be maintained within
six feet from an exterior window, exterior door or other exterior
entrance to an inhabited residential structure other than one owned
by the owner of such composting system.
C, The owner, operator, or occupier of property containing a
composting pile, bin, holding area or other such composting system
that is greater than five feet high, five feet wide and five feet in
length shall weekly monitor temperature, through utilization of a
thermometer designed for such purposes.
D. No single compost pile, bin, holding area or other such
composting system on a residential single-family (as defined in
Ordinance No. 2443) premises shall be more than five feet in height
and/or greater than six feet in width or length. (Ord. 2992 § 1, 2005;
Ord. 2740 § 3, 1998; Ord. 2589 § 1, 1994; Out 2492 § 1, 1992).
8.25.085 Construction and Demolition Debris Recycling
A Covered Pro adds.The following t t covered
Projects and must comply with this section
1. Any Project requiring a permit for Demolition or Construction,
with a Project valuation of$20 000 or more
2 Any seguenced developments, h as housing subdivroo
Construction or subdivision Demolition must be considered
DRAFT - WORKING DOCUMENT
as a'bro act"'n enfrety f Poses of this section and
not as a series of individual protects.
B. City -Sponsored Pro ects.All Ct C [ d tl D molition
PlO 2cts shell be Dons dared "Covered Pro Bots" for the c
res of
this section and shell subm t a Waste Mana ag meni Rep crIto the
City Manager or designee prior to esuan f Qo—nstruction or
Demolition permits d shall bei 't to all appl gable urov s ons
of this C a ter.
C. NomCovered Projects; A Performance Deposit and Waste
Meneoement Report shell
not be re oi�for the follow ng,
I . WOB far which a Construction orDemolit c e>[ rmlt Is not
required
2. Roofmo pro acts that do not'nclode tear -off of existing roof.
3 Worowhh al or onlva
mechanical t' - d
4. Seismic tie-tlown nro acts
5. Projectslase than 10000 quare feet _where no structural
building mod Tcafons are d
8. Emer -quired to protect oubl'o health ty
Individual -f 'I h R C tha ere not Part
of a leraer proiecL
While not required i shall be encouraged that at Ieas150 % of all -project-
related
roec¢related Construction and Demolition waste from Non covered y rode
piverted
SECTION 8.25.096 SUBMISSION OF WASTE MANAGEMENT REPORT
D RAFT - WORKING DOCUMENT
5. The_ maximum volumeht of Construcfo0- and
Demolition debris that will bdisposed of in a tandttll and
S. The vendors orfs 'It th t th A I' nt ra oses to use
to collect process or _Demolitlon
debris.
In esdmatil the volume or weght of materials identified in the
WMR the Aoprca0t shall use the standardized conversion rates
established anda� ro1�the Ci orthls urpose.
B. Initial Application Ron withstanding any otherf this
Code no Constn cion or Dem IT t maybe issued unfl the
initial Construction and Demolition Waste Mana t R ort has
been approved by the WMR Comilantre official,
C. Amount of Securit Th A f [ f ny Covered Pro ect shall
submit a Perfor �De ost The amount of the Performance
Deposit andll be calculated as the lesser of three percent of the
Total Pro'ect Cost or 8300) 00_ Acceptable co_forms of payment
include Cash Monet/ Orders and Checks.
The WMR Oomoltance Offc'al shell wait/ th P rf manceDeposit
If the total deposit. re uirreddutsuant to,..� lis Section would be fiU
dollars or less Performance Secur (v funds will be placed in a
securedaccount sub'act to interest and returned to the Applicant
neon acogretancef proof of compliands in full, or if partial
compliance 91a orgrated bas's dependent onthe decree of
cpmp anoe A interest earned an Ipe [he property of the C and
used for waste reduction and reovOff2d activities.
D. Documentation Within 30 days afterDemolition mpleted (if a
Demolition perm -only) or 30 days aftertheissuance of a certifltone
of occupant;v or at ttimp nf - th Iasi certificate of
occupancy for units within n phased Pro ect of any Levered Project
the Applicants shall submit t the WMR Compliance Official
documentation that It h,, met the ilveru Re o u'rement for the
Preset unless Apol cant has been granted an Exemption pursuant
to Section 825.097 of this Chapter. Thedocumentation shall
Include all of the following_
1 Receipts from the vendor or facltiv That received each
material h g the actual weight or plume of that
material
2. A copof the W t M t R d form_ >�n itsits
entirety
DRAFT - WORKING DOCUMENT
3 Photographs and _narrative documentation of the At'
Reuse activities.
F. Determination of Compliance and Release of Performance
Deposit. The WMR Compliance Official shall review the
jnformation submitted under Section 8 25 0_96f this Chapter and
determine whether the Appfcant haspomp)ied with the Divers on
Requirement as follows
SECTION 8.25.097 EXEMPTION
A. Application. If an Applicant for a Covered Proect exterences
unique circumstances that the Applicant believes make it'nfeestble
DRAFT - WORKING DOCUMENT
to comoiy wRh the Drversicn Reaulrement the Applicant may pop y
for an Exemption at the time that he or she submits the WMR. The
AAP licant shall 'no tate on the WMR the maximum rate of diversion
e or she believes is feasible for each meterl and the sidecidi
circumstances {hat he or she believes makes t Infeasible to comply
with the Diversion Reaulrement.
B Meeting with WMR Compliance Official. The WMR Complianic
Official shall review the information I' d b th A Iba n
may t with the Applicant t discuss'bl sof meeting
the Diversion ecaurrement
C Granting f Exemption. If the WMR-Complance office
determines thatit is infeasiple for the gpplicent to meet the
Diversion Requirement due to urioue circumstances he or she
shall dearmine the ruga nnum feasible diversion - rate for each
material and shall indicate the rate on the WMR submitted the
Applicant. The WMR Compliance Official shall return a oopv of the
WMR to the Applicant marked"Approved with Exemption".
D Denial of Exem f If [h WMR C I' Off d i
that It Is Possible for thA i t t meet the Diversion
Requirement he or she ship so inform the Applicant In wntna.
The Applicant shall resubmit a WMR form in full comolonc_e with
Section 8,25M6 of this Chapter If th A i 4 l t b 't
the WMR, or if the resubmitted WMR does not comply with Scale
8.25 096 of this Chapter, the WMR Compliance Official shall tlenv
the WMR in accordange with this section_
SECTION 8.25.098 APPEAL
Appeals Appeals of a determinationd b th WMR C
Official under this Chep[ar shall be made to the City Manaoer or
Designee. The eppael shall be in wn[ing and fletl w[h the C'N Clerk
within fen 1101 business days of receipt of the WMR Compliance Official's
deCl9len bV fhe 8ppeant The appeal shall be 'mlte_d to the following
iesnea_ 1 ih t d - 1 ( food and!21 the amouJrt of
security to be released The decision of the City Manager or Oeeonee
shall be final
8.25.100 Enforcement.
A. The city manager or designee is responsible for enforcing the
provisions of this chapter.
B. Types of materials included in designated recyclables may be
administratively deleted by the city manager under emergency
,�Ooa7
0 R A F T- WORKING DOCUMENT
conditions (to include market failures), subject to formal ordinance
amendment approved by the city council, if such conditions persist.
C. Nothing in this chapter or its implementing regulations shall
prevent the city or its contract or franchise agent(s) from efforts to
obtain voluntary compliance by way of warning, notice of violation,
educational or other means. (Ord. 2992 § 1, 2005; Ord. 2740 § 3,
1998; Ord. 2492 § 1, 1992).
8.25.110 Severability.
If any provision, clause, sentence or paragraph of this chapter or
the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or
application of the provisions of this chapter which can be given
effect without the invalid provision or application, and to this end the
provisions of this chapter are hereby declared to be severable.
(Ord. 2992 § 1, 2005, Ord. 2740 § 3, 1998; Ord 2492 § 1, 1992).
SECTION II. Effedive Date.
This ordinance shall take effect thirty days after final passage adoption.
Presented by: Approved as to form by:
Dave Byers Ann Moore
Director of Public Works City Attorney
.,.,`fir,,, nxnFT
Construction and Demolition Debris
Waste Management Report
(WMR)
The City of Chula Vlsla has a Mantlalary Recycling Ordinance CVMC 0.25. Prior 10 subraftbng your appllretlon for a demotion or
building permit, you must him@ Completed a Waste Management Report, approved by the Environmental Services Division, slating
haw you will recycle at least 90% of Indent waste and at a minimum, 50% of Me remaining construction and demolition waste
generated. To assist In this effort, informalian is available on where t0 pecar conNuchon debris from Alfred Waste Services (619
421-9400), the County of San Diego Dd cClYtacsdom ewmal -�, the City of San Page
1 - and the Cafter is Integrated Waste Management
Board (htln'/Mwwuwmb ch oo_v/COnDemo?oo s M1 ml.
Please be informed that all ccnslmcdon Sod Consulting scheme ere required t0 complete the Waste Management Report form and
submit aPerformance Corositunless spentcally exempted as recorded In Chula VU equal Conte 835.095.
SleetRelore the Proect Begins
This Is a thme-part process. Complete Fee 1 of the WMR bum. Identify debts$ that you expeG to generate on the project
worksite.
I Submit year form to the Envimnmental Decades DIVI5lonfor approval. Envlmnmenyl Services Division, Public Works
FaOility, l6Po Maxwell Road, Chula Vista, CA 91911 (This proWss may take up to three business days ) Who, ypur
WMRto anymneveds Will be armed to Add par filing nath your Where! applyinal
'
• You ( will be normal when You Pay hour bel fees. The Performance Deposit Is calculated at
three (3) percent of the total aper cost OR a maximum of $30,040. If your calwlatetl doors by $50 or less the deposit
will be waived
swo 3' while me Pop act Pmareaaes
Save all receipts antl/or documents from muse call all centers, succeeding faclglies and landfills where
materials word taken. Your Performance Deposit will be mfundetl based upon the documentation of the percentage of
debris you divedetl hem disposal -90%of men waste andsor 50% Of the remaining waste generated by the project equals
100% refund of your deposit It you recycle/dived less than Me threshold amounts, the amount o1 your refund will be
adjusted proportionally. Any Interest and retrograded deposits are the property of the City and will be used for waste
mountain and recycling adlvlltes.
Step]: Upon Comoledon Of the Report
• Complete Pan PC wild 21B of this form and submtl receipts loriglnal or pM1Wocapied to Me Environmental Services Division
verifying that materials have been reused or Claimed for beneficial reuse b a renl0ed recycling center, processing facilry,
or disposal. Use the attached conversion chain for meteriab that are recycled by the trochisci quantNes t0 establish a
weight value to calculate your recycling p¢rcemtagd.
Poown Name. Phone'.
Anding Address
Pmetl lathed W11% fori(619) 42rci Ym No_
cs eared proem amu date Expertise project completion dale'
Prnavi Uki papers and C had 6tnmf.
Braid as knect Type: mination renovation be tenant Mpmvemem.other (I a. single remny retldence - demoltter)
square muse,:
ICost a Pertalmanw Waanly palatamowr.
(9% of Seem Cost Of $30 000 If micultlebwheat Is 050 orlam4 will be waiver)
City of Chula V19ta Demolition Debris Waste Management Plan -
PaM 1 And Part 2A
Meiling Address'.
Project Address (asked cross steams)
Pan 1- Complete the information requested in each of the mlumne icon4led as "Pad 1-antl submit for approval to City aChula
Vista. Environmental Services Division- WMP RevIev. Public War" Facility. 1000 Maxwell Rol CA 91911. Men your
plan is approved include a copy of your plan with your permit application.
Pan 2A and 2B- Upon completion of M1e Project -Pad 2A'. Complete Columns A, B, C. and 0 and identify the actual vendors and
lacllltles for each materiel type, Pan 2B'. Complete the diversion equalion and the questions on the back M the form. Sign and date
the dominent and mail or deliver rhe completed foam and capped of correapoMinq weIBM GGets and /or diversion tlOdurranation t0
the address above.
Mahtlal Handling Methods- Indicate
(N of Pounds divided by 2.000 =tons)
Date
I.. I
PART T
feel
IS
se
act
all
Foldral
la"...,
E1.1
hadides. rf
As., "I
"I's
I
eld,
ah., Beirds"i
pairs road
11.
al o
hands,
be
"..,ad
chat
dat
I death
Laceffill
cal 90%
fast
all that Waid
pal
I had di
th, .11111
proof I a. tinslard
unal par'.
anal a.. aut
ato
sund
pal
headed dead hard
send
chan
Column Total
City of Chula Meta Demolition
Dialects Waeta Management
Rell
Ped 3R
..w..011L 1401 o. .. Phore:
Mailing Addred,
Perfect Assume (include cross drous)
To calculate your recydi ogltllverslon percentage, eller your blah hoer Part 2A, columns A, B entl C Into the formula bkw
e
Column Treads B aC_= Dwided by A. xioll
Is your answer equal to 90%for inch waste and 50% of greater for remaining weak generated by your promei YES IINO,
sxpdainwhy. Use additional paper tl necessary and atbch to this tlmumem.
Specify the method ossa to moved material volumes to weight If neWwary, (Conversion Tames are attached to assist you.)
If some materiels were not recycled or reused, explain why
CEFTIFILgTION IM1ereby mtlAy Nati have renewed the documentallMat Ne mformallonmpopetl in lM1is Waste Managanenl
Repod is true entl mneG.
Applicant Signature and pate'.
Date:
gleam-L�ml[Rfutl
RVJlm
EBtenrM
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7
i
5
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e
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F
$
Sample Construction and Demolition conversion calculations
R fi Mate I d
_AspM1alt Composition shi gle (Sq. f[of mor x3lbs.) tnuo0=tons rDwai
ppllances/Equlpment
Wootl Shinglel$eak (Sq.%. otr06TX2ds.)/200o=tons 301
Lconcrele/clay ni(sg %. ai mofx Mae =s at 100
`Roof Decking (Sq. %. of mofx t5lbs.)/20o0=tons rator 150
Inert Material Coo
Asphalt (Uri tr x451bs)/2G00=Ions
Wood yamsnon
Con to Cu%. xx
IDO lbs.)/2000=tans
Did (Cu.%.x]51bsJ/2000=Ions
100 day lc.yapp
I elms Il lcua x 120 lbs.)/2000=tons]
Complete Demolition. of syuawre x4 a ros /200
complete Demaitlon wiioarremodef)Cu
of sfm amre x471 bs)/2(1W=to�
Green waste 0reas anaa.xlofi ros)/2006=moa
Mixee Debris (sane eat ds. x(3oaEoo lba72ooD=loos
Conversion Rates Table
Material Pounas/cubic yard Tonslcubic yard
Wood yamsnon
Wood (Telma lnsfita@) sz9sbara.A
nalc.ya- 6.06 cyavmn
Cardboard flattened,
100 day lc.yapp
ya.
zo cyasnon
ompaotetl (US EPA)
Cardboard loose
50has lc.ydstc
yd
gOcytls/lon
(T Ilus)
Drywall (Tellus)
393.5 has to yslc.yd
500 c.yasrtonConcrete
(Tellus)1,855
Its to ysrcyd
1.07 c.ydsdan
AspM1alt (Tellus)1.380
listsas/c
yd
144 c.yds/ton
Mixed Waste
300-500 lbs2.yd
0.15-030 Erato d
Y
6.66-3.33 oYtlsllon
(MSWANA)
Sources'. Talus Institute and Municipal Solid Waste Association of North America,
Obtained from the California integrated Waste Management Board web site.
t�wrov olwmb a"ov/lo bary/DSG/IoantlDh