HomeMy WebLinkAbout2008/07/08 Item 8
CITY COUNCIL
AGENDA STATEMENT
::~}V~ CllY OF
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07/08/2008, Item-.f!L
ITEM TITLE:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 8.25020, 8.25.070 lu'ID 825095 OF THE CHULA
VISTA MUNICIPAL CODE
DIRECTOR OF PUBLIC WORKS f2Mfw
CITY MANAGER iVf{\v
ASSIST ANT CITY 4;GEk =:sr
4/5THS VOTE: YES 0 NO It]
SUBMITTED BY:
REVIEWED BY:
SUMMARY
In March 2008, Council approved the amendments to Chula Vista Municipal Code 8.25 _
"Recycling" which incorporated language for a Construction and Demolition Debris (C & D)
Recycling Program. The C & D program requires a written Waste Management Plan and a
Performance Deposit to ensure that the Waste Management Plan is fully implemented. The
Performance Deposit is payable with cash, check or money order only. This ordinance
amendment adds surety bonds and letters of credit as an acceptable form of payment for the
Performance Deposit.
ENVIRONMENT ALRtVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Act (CEQA) and has determined that the activity is not a "Project"
as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDA nON
Council adopt the ordinance.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Construction and Demolition Debris Recycling Program, that was adopted by Council in
March of 2008 requires that applicants for construction and demolition permits, meeting specific
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Page 2 of2
criteria are required to have a Waste Management Plan for diverting their debris from disposal.
A Performance Deposit equal to 3% of the project value is required. Upon completion of the .
project, the applicant reports the materials reused, recycled or disposed, demonstrating that they
have met the waste diversion goals 90% of inerts (rock, dirt, concrete, asphalt, bricks, etc) and
50% of all other debris. The Performance Deposit will be refunded in full, as long as all the goals
have been met. If only a portion of the goals is met, the deposit will be proportionally refunded.
The current ordinance language requires that Performance Deposits be paid by cash, check or
money order. The deposit is intended to ensure that construction and demolition materials get
diverted for recycling and reuse, not disposal. However, local contractors were concerned with
committing their cash to the deposit when they would need it for completing the project. Staff is
recommending amending CYMC 8.25.095 "Recycling - Construction and Demolition Debris
Recycling" to include surety bonds and letters of credit as an additional form of Performance
Deposit payment. AIl sureties will be in a form prescribed by the City, insurers must be
authorized in the State of California, and satisfy all State requirements. If the surety or bond is
declared bankrupt or becomes insolvent or its right to do business is terminated in the State of
California, the applicant will substitute another bond or surety, acceptable to the City, within
seven (7) days of that date. Sureties or bonds will not be accepted for performance deposits of
less than $10,000.
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
l8704.2(a)(l) is not applicable to this decision.
FISCAL IMP ACT
Adopting this ordinance has no impact on the General Fund.
Prepared by: Lynn France, Environmental Services Program Manager, Public Works Depar/men!
8-2
ORDINANCE NO.
Ai'! ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 8.25.020, 8.25.070 AND
8.25.095 OF THE CHULA VISTA MUNICIPAL CODE
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1. That Sections 8.25.020, 8.25.070 and 8.25.095 of the Chula Vista
Municipal Code are hereby amended to read as follows:
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:
AI. "Aluminum" means recoverable materials 'made from aluminum,
such as used aluminum food or beverage containers, aluminum foil,
siding, screening, and other items manufactured from aluminum.
A2. "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 of Chula 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, stumps,
carpet and other potentially oversize wastes. Bulky waste does not include
hazardous or 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 compo sting.
E. "Cardboard" means post-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.
J:\Attomey\ELlSA\QRDINA..'KES\CortStruclion Demolition Ordinan<:e\CVMC 8.25 -a6~.f38 (redline),doc
Ordinance No.
Page 2
F. "Carts" 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 State 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 source-
separated materials, from residential, commercial, industrial, or
institutional (governmental) generators to a facility for processing,
compo sting, 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.
1. "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 bi-metal 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.
NI. "Construction" means the building of any facility or structure or
any portion thereof including any tenant improvements to an existing
facility or structure.
N2. "Construction and demolition waste" means used or discarded
materials removed from the premises during demolition, dredging,
grubbing, and building, resulting from construction, remodeling, repair,
and/or demolition activities on housing, commercial, governmental
buildings, and other structures and pavement.
01. "Contract or franchise agent(s)" means any person or private or
public entity designated by the City Council, 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 City pursuant to this chapter for use
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in estimating the volume or weight of materials identifIed in a waste
management report.
03. "Covered project" shall have the meanmg set forth in CYMC
8.25.095.
04. "Demolition" means the decimating, deconstructing, razing,
ruining, tearing down or wrecking of any facility, structure, pavement or
building, whether in whole or in part, whether interior or exterior.
05. "Divert" means to use material for any purpose other than
disposal in a landfill or transformation facility.
06. "Diversion requirement" means the diversion of 90 percent of
inert waste and not less than 50 percent of the remaining waste generated
via reuse or recycling, unless a partial or full diversion exemption has
been granted pursuant to CYMC 8.25.095, in which case the diversion
requirement shall be the maximum feasible diversion rate established by
the Waste Management Report Compliance Official for the project.
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 collection" means 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" Ccontainers") shall mean those
containers designated by the City Manager for temporary storage and
collection of waste or designated recyclables including but not limited to
curbside bins, carts, bins, roll-off boxes, and/or compactor containers.
R2. "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 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. 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 CYMC
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Ordinance No.
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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 location(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 bottling, including
container glass' designated redeemable under the California Beverage
Container Recycling and Litter Reduction Law, Division 12.1
(commencing with Section 14500) 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).
Y. "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 processing" means 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 fmished or unfinished material, that are otherwise compliant with
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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 Safety Code, which is not legally disposable at a
C lass 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.
cc. "Industrial. recyclables" means recyclables from industrial,
construction, and demolition operations, including, but not limited to,
asphalt, concrete, dirt, land-clearing brush,.sand and rock.
DO. "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 compostables, if properly handled and treated, and
excluding hazardous.or toxic waste.
EE. "Inert waste" means materials such as concrete, soil, asphalt,
ceramics, earthen cooking ware, automotive safety glass, and mirrors.
FF. "Improper disposal" means the discarding of any item or items
upon public or pri vate 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.
QQ. "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.
II. "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
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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 waste handling, disposal, litter
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-grade 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.
RRl. "Non-covered project" shall have the meaning set forth in
CVMC 8.25.095.
RR2. "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,
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processmg, or disposal of solid waste, compost, and/or designated
recyclables.
55. "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.
TT. "Office paper" means waste paper grades of white and colored
ledgers and computer paper. Examples include forms, copy paper,
stationery, and other papers that are generally associated with desk and
employee work area activity, and any additional materials to be added by
ordinance.
UUI. "Performance deposit" means cash, money order, ef-check,
letter of credit. or suretv bond in the amount set forth in section
8.25.095.B.3submitted to the City.
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.
WWI. "Processing" means the reduction, separation, recovery,
conversion, or recycling of any component(s) of solid waste.
WW2. "Project" means any activity which requires an application for
a construction or demolition permit, or any similar permit from the City of
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 catcgory 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 categories:
small quantity generator and large quantity generator. 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 or large quantity generators for the purposes of
being recycled for resale and/or reuse, and placed at a designated recycling
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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 otherwise salvaged or recovered for reuse.
AAA. "Refuse" means garbage and rubbish.
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 modification 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.
EEEI. "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, tin and bi-metal cans, white goods, and yard waste.
EEE2. "Reuse" means further 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 inert 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 properl y regulated manner.
HHH. "Salvaging or salvageable" means the controlled and/or
authorized storage and removal of solid waste, designated recyclables or
recoverable materials.
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
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Ordinance No.
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8.25.080 and Chapter 9, Section 41950 of the California Integrated Waste
Management Act of 1989.
lJJ. "10 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 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 parts 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
sal vaged 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 recyclables in an approved manner after generation and prior 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.
PPPl. "Tin and bi-metal cans" means any steel food and beverage
containers with a tin or aluminum plating.
PPP2. "Total project costs" means the total value of a project as
calculated using Chula Vista's standard valuation multipliers.
QQQ. 'Transfer or processing station" means tho'se facilities utilized
to receive solid wastes and to temporarily store, separate, conv'ert, or
otherwise process the solid waste and/or recyclables.'
RRRl. "Unit" means an individual residence contained in a residential
multifamily complex.
RRR2. "Waste management report (W1vlR)" means a WMR form,
approved by the City Manager or designee, for the purpose of compliance
with this chapter.
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Ordinance No.
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RRRJ. "Waste Management Report Compliance Official" means the
designated staff person(s) authorized by the City Manager and responsible
for implementing the 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 nonbiodegradable materials.
UUU. "Vector" means any nuisance such as odor, unsightliness,
sound, or a carrier, usually insects or rodents, that is capable of
transmitting a disease.
VVV. "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
haulings 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.
8.25.070 Reports.
A. 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.
B. Effecti-:o hl)" 1, 2008, aAll applicants for a construction or
demolition permit for a covered project must submit a waste management
report (WMR) to the Waste Management Report Compliance Official for
approval, prior"to permit issuance, per CVMC 8.25.095.
8.25.095 Construction and demolition debris recycling.
A. Projects.
1. Covered Projects. The following project categories are covered
projects and must comply with this section:
a. Any project requiring a permit for demolition or
construction, with a project valuation of $20,000 or more, unless defined
as a non-covered project in subsection (A)(3) of this section.
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Ordinance No.
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b. Any sequenced developments, such as housing subdivision
construction or subdivision demolition must be considered as a "project"
in its entirety for purposes of this section, and not as a series of individual
projects.
2. City-Sponsored Projects. All City construction and demolition
projects shall be considered "covered projects" and shall submit a waste
management report to the City Manager or designee prior to issuance of
any construction or demolition permits.
3. Non-Covered Projects. A performance deposit and waste
management report shall not be required for the following:
a. Work for which a construction or demolition permit is not
required.
b. Roofing projects that do not include tear-off of existing
roof.
c. Work for which only a plumbing, only an electrical, or only
a mechanical permit is required.
d. Seismic tie-down projects.
e. Projects less than 10,000 square feet, where no structural
building modifications are required.
f. Emergency required to protect public health and safety.
g. Individual single-family home renovations that are not part
of a larger project.
While not required, it shall be encouraged that at least 50 percent
of all project-related construction, renovation and demolition waste from
non-covered projects be diverted.
B. Submission of Waste Management Report.
1. Construction and Demolition Waste Management Report
Forms. Applicants for any covered project shall complete and submit a
construction and demolition waste management report on a waste
management report form (WMR) approved by the City for this purpose.
The WMR shall be submitted for review and approval prior to issuance of
a construction or demolition permit. The completed WMR shall indicate
all of the following:
a. The type of project;
b. The total square footage of the project;
c. The estimated volume or weight of construction and
demolition debris, by material type, to be generated;
d. The maximum volume or weight of construction and
demolition debris that will be recycled or diverted from the landfill;
e. The maximum volume or weight of construction and
demolition debris that will be disposed of in a landfill; and
f. The vendors or facilities that the applicant proposes to u.se
to collect, process or receive the construction and demolition debris.
In estimating the volume or weight of materials identified in the
WMR, the applicant shall use the standardized conversion rates
established and approved by the City for this purpose.
8-13
Ordinance No.
Page 12
2. Initial Application. Notwithstanding any other provision of this
code, no construction or demolition permit maybe issued until the initial
construction and demolition waste management report has been approved
by the WMR Compliance Official. The WMR Compliance Official will
respond to the applicant's WMR submittal within 10 business days with
an approval, denial or request for clarification. If the WMR Compliance
Official does not respond within 10 business days, the applicant should
notify the Official. After notification by the applicant, the Official will
then have three business days to complete the review. If the review is not
completed within three business days after the notification, the deposit
requirement will be waived.
3. Amount of SecurityPerformance deposit. The applicant for any
covered project shall submit to the Citv a performance deposit. The
amount of the performance deposit shall be calculated as the lesser of
three percent of the total project cost or $30,000. /.cceptable form:; of
payment incbde cash, monoy orders, and checks.Allletters of credit
must be issued bv a financial institution acceptable to the Citv and on a
form prescribed bv the Citv and approved bv the Citv Attornev. All bonds
shall be in the form prescribed by the Citv and by such sureties which are
admitted insurers in the State of California. are subiect to regulation by the
Department of Insurance. and which satisfy all State requirements. The
City shall not accept a surety bond for less than $10.000.
The WMR Compliance Official shall waiye the performance
deposit if the total deposit required pursuant to this section would be
$50.00 or less. Performance Security deposit funds in the form of cash.
money order. or check will be placed in a secured account, subject to
interest., AllilThe performance deposit shall be returned to the applicant
upon acceptance of proof of compliance in full, or if partial compliance,
on a prorated basis dependent on the degree of compliance. All interest
earned will be the property of the City and used for waste reduction and
recycling activities.
4. Documentation. 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 project of any covered project, the applicants shall..
submit to the WMR Compliance Official, documentation that it has met
the diversion requirement for the project, unless applicant has been
granted an exemption pursuant to subsection (C) of this section" The
documentation shall include all of the following:
a. . Receipts from the vendor or facility that received each
material, showing the actual weight or volume of that material;
b. A copy of the completed waste management report form, in
its entirety; and
c. Photographs and narrative documentation of the applicant's
reuse activities.
8-14
Ordinance No.
Page 13
5. Weighing of Wastes. Applicants shall make reasonable efforts
to ensure that all construction, renovation and demolition waste diverted
for reuse or disposed of is measured and recorded using the most accurate
method of measurement available. To the extent practical, all construction,
renovation and demolition waste shall be weighed by measurement on
scales. Such scales shall be in compliance with all regulatory requirements
for accuracy and maintenance. For construction, renovation and
demolition waste 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 rates established by the conversion rates table approved
by the City for this purpose. Conversion rate tables will be included with
the waste management report form.
6. Determination of Compliance and Release of Performance
Deposit. The WMR Compliance Official shall review the information
submitted under this section and determine whether the applicant has
complied with the diversion requirement, as follows:
a. Compliance. If the WMR Compliance Official determines
that the applicant has fully complied with the diversion requirement
applicable to the project, he or she shall cause the release of the
performance deposit to the applicant within 30 days of the applicant's
submission of the documentation required under this section. If the
applicant has complied in part, a portion of the performance deposit will
be withheld. The amount withheld will be proportional to the percentage
of materials that are not recycled/diverted.
b. Noncompliance. If the WMR Compliance Official
determines that the applicant failed to submit the documentation within the
required time period, then the performance deposit shall be forfeited to the
City. All forfeited and/or unrecovered funds shall be used for waste
reduction and recycling activities.
C. 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 WMR. The applicant shall
indicate on the WMR the maximum rate of diversion he or she believes is
feasible for each material and the specific circumstances that he or she
believes makes it infeasible to comply with the diversion requirement.
2. Meeting with WMR Compliance Official. The WMR
Compliance Official shall review the information supplied by the
.' 0,;-. applicant and may meet with the applicant to discuss possible ways of
meeting the diversion requirement.
3. Granting of Exemption. If the WMR 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
m~"",imum feasible diversion rate for each material and shall indicare rhis
8-15
Ordinance No.
Page 14
rate on the WMR submitted by the applicant. The WMR Compliance
Official shall return a copy of the WMR to the applicant marked
"Approved with Exemption." The applicant shall then be responsible for
diverting the revised rate noted by the WMR Compliance Official on the
approved WMR, in compliance with the provisions of this section.
4. Denial of Exemption. If the WMR 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 resubmit a WMR form in full compliance with this section.
If the applicant fails to resubmit the WMR, or if the resubmitted WMR
does not comply with this section, the WMR Compliance Official shall
deny the WMR.
D. Appeal. Appeals of a determination made by the WMR
Compliance Official under this section shall be made to the City Manager
or designee. The appeal shall be in writing and filed with the City Clerk
within 10 business days of issuance of the WMR Compliance Official's
decision. The appeal shall be limited to the following issues: (1) the
granting or denial of an exemption; and (2) the amount of security to be
released. The decision of the City Manager or designee shall be final.
SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Approved as to form by
Jack Griffin
Director of Public Works
Bart C. Miesfeld
Interim City Attorney
8-16
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENTIING SECTIONS 8.25.020, 8.25.070 Ai"TI
8.25.095 OF THE CHULA VISTA MUNICIPAL CODE
The City Council of the City ofChula Vista does ordain as follows:
SECTION I. That Sections 8.25.020, 8.25.070 and 8.25.095 of the Chula Vista
Municipal Code are hereby amended to read as follows:
8.25.020 Definitions.
F or 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
meanmg:
AI. "Aluminum" means recoverable materials made from aluminum,
such as used aluminum food or beverage containers, aluminum foil,
siding, screening, and other items manufactured from aluminum.
A2. "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 ofChula 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, stumps,
carpet and other potentially oversize wastes. Bulky waste does not include
hazardous or 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 post-consumer waste paper grade corrugated
cardboard (grade No. II), 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.
J :\AUomeyIELlSA10RDlNANCES'COIlSlruCI;on Demolilion Orci"nnce'.CVMC 8.1t~2toyclenn ee).doc
Ordinance No.
Page 2
F. "Carts" 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 ofChula Vista, a municipal corporation
of the State 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 source-
separated materials, from residential, commercial, industrial, or
institutional (governmental) generators to a facility for processing,
composting, transfer, disposal or transformation.
1. "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.
1. "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 bi-metal 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. "Compo sting" shall mean the controlled and monitored process of
converting organic wastes into compost.
N I. "Construction" means the building of any facility or structure or
any portion thereof including any tenant improvements to an existing
facility or structure.
N2. "Construction and demolition waste" means used or discarded
materials removed from the premises during demolition, dredging,
grubbing, and building, resulting from construction, remodeling, repair,
and/or demolition activities on housing, commercial, governmental
buildings, and other structures and pavement.
OJ. "Contract or franchise agent(s)" means any person or private or
public entity designated by the City Council, pursuant to Article XII ofthe
City Charter and Chapter 8.23 CVMC, as being responsible for
administering the collection, processing and/or disposal of solid waste or
designated recyclables.
8-18
Ordinance No.
Page 3
02. "Conversion rate" means the rate set forth in the standardized
conversion rate table approved by the City pursuant to this chapter for use
in estimating the volume or weight of materials identified in a waste
management report.
03. "Covered project" shall have the meaning set forth in CYMC
8.25.095.
04. "Demolition" means the decimating, deconstructing, razing,
ruining, tearing down or wrecking of any facility, structure, pavement or
building, whether in whole or in part, whether interior or exterior.
05. "Divert" means to use material for any purpose other than
disposal in a landfill or transformation facility.
06. "Diversion requirement" means the diversion of 90 percent of
inert waste and not less than 50 percent of the remaining waste generated
via reuse or recycling, unless a partial or full diversion exemption has
been granted pursuant to CYMC 8.25.095, in which case the diversion
requirement shall be the maximum feasible diversion rate established by
the Waste Management Report Compliance Official for the project.
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 collection" means 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 l. "Designated containers" ("containers") shall mean those
containers designated .by the City Manager for temporary stcirage and
collection of waste or designated recyclables including but not limited to
curbside bins, carts, bins, roll-off boxes, and/or compactor containers.
R2. "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 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. 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. I and No. 2 plastic containers, all California
redemption containers, used oil, used oil filters, yard waste, clean lumber,
concrete and asphalt.
8-19
Ordinance No.
Page 4
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 CyNIC
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 location(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 CYMC 8.25.090.
Y. "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 bottling, including
container glass designated redeemable under the California Beverage
Container Recycling and Litter Reduction Law, Division 12. I
(commencing with Section 14500) 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).
Y. "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 processing"lJleans 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.
8-20
Ordinance No.
Page 5
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, that are 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 Safety Code, which is not legally disposable at a
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.
Cc. "Industrial recyclables" means recyclables from industrial,
construction, and demolition operations, including, but not limited to,
asphalt, concrete, dirt, 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 compostables, if properly handled and treated, and
excluding hazardous or toxic waste.
EE. "Inert waste" means materials such as concrete, soil, asphalt,
ceramics, 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.
8-21
Ordinance No.
Page 6
II. "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 waste handling, disposal, litter
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-grade 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.
RRI. "Non-covered project" shall have the meaning set forth in
CYMC 8.25.095.
RR2. "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
8-22
Ordinance No.
Page 7
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.
TT. "Office paper" means waste paper grades of white and colored
ledgers and computer paper. Examples include forms, copy paper,
stationery, and other papers that are generally associated with desk and
employee work area activity, and any additional materials to be added by
ordinance.
UUI. "Performance deposit" means cash, money order, check, letter
of credit, or surety bond in the amount set forth in section 8.25.095.B.3.
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.
WWI. "Processing" means the reduction, separation, recovery,
conversion, or recycling of any component(s) of solid waste.
WW2. "Project" means any activity which requires an application for
a construction or demolition permit, or any similar permit from the City of
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 categories:
small quantity generator and large quantity generator. 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
8-23
Ordinance No.
Page 8
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
rerumed to the economic mainstream in the form of raw materials or
. products or materials which are otherwise salvaged or recovered for reuse.
AAA. "Refuse" means garbage and rubbish.
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.
CCC I. "Removal frequency" means frequency of removal of solid
wastes or recyclables from the place of generation.
CCC2. "Renovation" means any change, addition, or modification 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.
EEE 1. "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, tin and bi-metal cans, white goods, and yard waste.
EEE2. "Reuse" means further 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 inert 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.
8-24
Ordinance No.
Page 9
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 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 parts 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 recyclables in an approved manner after generation and prior 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.
PPPI. "Tin and bi-metal cans" means any steel food and beverage
containers with a tin or aluminum plating.
PPP2. "Total project costs" means the total value of a project as
calculated using Chula Vista's standard valuation multipliers.
QQQ. "Transfer or processing station" means those facilities utilized
to receive solid wastes and to temporarily store, separate, convert, or
otherwise process the solid waste and/or recyclables.
RRRI. "Unit" means an individual residence contained in a residential
multifamily complex.
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RRR2. "Waste management report (WMR)" means a WMR form,
approved by the City Manager or designee, for the purpose of compliance
with this chapter.
RRR3. "Waste Management Report Compliance Official" means the
designated staff person(s) authorized by the City Manager and responsible
for implementing the 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 nonbiodegradable materials.
UUU. "Vector" means any nuisance such as odor, unsightliness,
sound, or a carrier, usually insects or rodents, that is capable of
transmitting a disease.
VVV. "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
haulings 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. .
8.25.070 Reports.
A. 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.
B. All applicants for a construction or demolition permit for a covered
project must submit a waste management report (WMR) to the Waste
Management Report Compliance Official for approval, prior to permit
issuance, per CVMC 8.25.095.
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Ordinance No.
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8.25.095 Construction and demolition debris recycling.
A. Projects.
1. Covered Projects. The following project categories are covered
projects and must comply with this section:
a. Any project requiring a permit for demolition or
construction, with a project valuation of $20,000 or more, unless defined
as a non-covered project in subsection (A)(3) of this section.
b. Any sequenced developments, such as housing subdivision
construction or subdivision demolition must be considered as a "project"
in its entirety for purposes of this section, and not as a series of individual
projects.
2. City-Sponsored Projects. All City construction and demolition
projects shall be considered "covered projects" and shall submit a waste
management report to the City Manager or designee prior to issuance of
any construction or demolition permits.
3. Non-Covered Projects. A performance. deposit and waste
management report shall not be required for the following:
a. Work for which a constmction or demolition permit is not
required.
b. Roofing projects that do not include tear-off of existing
roof.
c. Work for which only a plumbing, only an electrical, or only
a mechanical permit is required.
d. Seismic tie-down projects.
e. Projects less than 10,000 square feet, where no stmctural
building modifications are required.
f. Emergency required to protect public health and safety.
g. Individual single-family home renovations that are not part
of a larger project.
While not reqLlired, it shall be encouraged that at least 50 percent
of all project-related construction, renovation and demolition waste from
non-covered projects be diverted.
B. Submission of Waste Management Report.
1. Constmction and Demolition Waste Management Report
Forms. Applicants for any covered project shall complete and submit a
constmction and demolition waste management report on a waste
management report fom1 (WMR) approved by the City for this purpose.
The WMR shall be submitted for review and approval prior to issuance of
a construction or demolition permit. The completed WMR shall indicate
all of the following:
a. The type of project;
b. The total square footage of the project;
c. The estimated volume or weight of constmction and
demolition debris, by material type, to be generated;
d. The maximum volume or weight of construction and
demolition debris that will be recycled or diverted from the landfill;
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Ordinance No.
Page 12
e. The maximum volume or weight of construction and
demolition debris that will be disposed of in a landfill; and
f. The vendors or facilities that the applicant proposes to use
to collect, process or receive the construction and demolition debris.
In estimating the volume or weight of materials identified in the
WMR, the applicant shall use the standardized conversion rates
established and approved by the City for this purpose.
2. Initial Application. Notwithstanding any other provision of this
code, no construction or demolition permit maybe issued until the initial
construction and demolition waste management report has been approved
by the WlvlR Compliance Official. The W1vIR Compliance Official will
respond to the applicant's WMR submittal within 10 business days with
an approval, denial or request for clarification. If the WMR Compliance
Official does not respond within 10 business days, the applicant should
notify the Official. After notification by the applicant, the Official will
then have three business days to complete the review. If the review is not
completed within three business days after the notification, the deposit
requirement will be waived.
3. Amount of Performance deposit. The applicant for any covered
project shall submit to the City a performance deposit. The amount of the
performance deposit shall be calculated as the lesser of three percent of
the total project cost or $30,000. All letters of credit must be issued by a
financial institution acceptable to the City and on a form prescribed by the
City and approved by the City Attorney. All bonds shall be in the form
prescribed by the City and by such sureties which are admitted insurers in
the State of California, are subject to regulation by the Department of'
Insurance, and which satisfy all State requirements. The City shall not
accept a surety bond for less than $10,000.
The WMR Compliance Official shall waive the performance
deposit if the total deposit required pursuant to this section would be
$SO.OO or less. Performance deposit funds in the form of cash, money
order, or check will be placed in a secured account, subject to interest. The
performance deposit shall be returned to the applicant upon acceptance of
proof of compliance in full, or if partial compliance, on a prorated basis
dependent on the degree of compliance. All interest earned will be the
property of the City and used for waste reduction and recycling activities.
4. Documentation. 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 project of any covered project, the applicants shall
submit to the WMR Compliance Official, documentation that it has met
the divers.ion requirement for the project, unless applicant has been
granted an exemption pursuant to subsection (C) of this section. The
documentation shall include all of the following:
a. Receipts from the vendor or facility that received each
material, showing the actual weight or volume of that material;
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Ordinance No.
Page 13
b. A copy of the completed waste management report form, in
its entirety; and
c. Photographs and narrative documentation of the applicant's
reuse activities.
5. Weighing of Wastes. Applicants shall make reasonable efforts
to ensure that all construction, renovation and demolition waste diverted
for reuse or disposed of is measured and recorded using the most accurate
method of measurement available. To the extent practical, all construction,
renovation and demolition waste shall be weighed by measurement on
scales. Such scales shall be in compliance with all regulatory requirements
for accuracy and maintenance. For construction, renovation and
demolition waste 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 rates established by the conversion rates table approved
by the City for this purpose. Conversion rate tables will be included with
the waste management report form.
6. Determination of Compliance and Release of Performance
Deposit. The WMR Compliance Official shall review the information
submitted under this section and deiermine whether the applicant has
complied with the diversion requirement, as follows:
a.' Compliance. If the WMR Compliance Official determines
that the applicant has fully complied with the diversion requirement
applicable to the project, he or she shall cause the release of the
performance deposit to the applicant within 30 days of the applicant's
submission of the documentation required under this section. If the
applicant has complied in part, a portion of the performance deposit will
be withheld. The amount withheld will be proportional to the percentage
of materials that are not recycled/diverted.
b. Noncompliance. If the WMR Compliance Official
determines that the applicant failed to submit the documentation within the
required time period, then the performance deposit shall be forfeited to the
City. All forfeited and/or unrecovered funds shall be used for w'aste
reduction and recycling activities.
C. 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 WMR. The applicant shall
indicate on the WMR the maximum rate of diversion he or she believes is
feasible for each material and the specific circumstances that he or she
believes makes it infeasible to comply with the diversion requirement.
2. Meeting with WMR Compliance Official. The WMR
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.
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Ordinance No.
Page 14
3. Granting of Exemption. If the WMR 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 WMR submitted by the applicant. The WMR Compliance
Official shall return a copy of the WMR to the applicant marked
"Approved with Exemption." The applicant shall then be responsible for
diverting the revised rate noted by the WMR Compliance Official on the
approved WMR, in compliance with the provisions of this section.
4. Denial of Exemption. If the ,VMR 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 resubmit a WMR form in full compliance with this section.
If the applicant fails to resubmit the WMR, or if the resubmitted WMR
does not comply with this section, the WMR Compliance Official shall
deny the WMR.
D. Appeal. Appeals of a determination made by the WMR
Compliance Official under this section shall be made to the City Manager
or designee. The appeal shall be in writing and filed with the City Clerk
within 10 business days of issuance of the WMR Compliance Official's
decision. The appeal shall be limited to the following issues: (I) the
granting or denial of an exemption; and (2) the amount of security to be
released. The decision of the City Manager or designee shall be final.
SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Approved as to form by
Jack Griffin
Director of Public Works
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Bart C. Miesfeld
Interim City Attorney
8-30