HomeMy WebLinkAboutOrd 2008-3116
ORDINANCE NO. 3116
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:
A I. "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.
F. "Carts" shall mean those plastic containers with a capacity ofless 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.
Ordinance No.3 I 16
Page 2
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.
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.
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 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.
1. "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 CYMC, 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 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.
Ordinance No. 3116
Page 3
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 CVMC 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.)
Rl. "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 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 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 recyclab1es" 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 compo sting in accordance with
CVMC 8.25.090.
Ordinance No. 3116
Page 4
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 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.
Ordinance No. 3116
Page 5
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 compo sting 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 IO-yard to 40-yard capacities and typically generate inert materials such as
asphalt, concrete, building debris and some wood and dry green waste.
n. "Industrial" means any form of mechanized manufacturing facilities,
factories, refmeries, 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.
Ordinance No. 3116
Page 6
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 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, 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.
Ordinance No. 3116
Page 7
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 compo sting.
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 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.
CCe2. "Renovation" means any change, addition, or modification in an
existing structure.
ODD. "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 recyc1ables" 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.
Ordinance No. 3116
Page 8
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.
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, compo sting 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.)
Ordinance NO.3] ] 6
Page 9
000. "Streets and byways" shall mean the public streets, ways, a1]eys 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.
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 non biodegradable
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 3] st, 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], ]993. Voluntary reporting prior
to the required mandatory recycling is encouraged.
Ordinance No. 3116
Page 10
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.
8.25.095 Construction and demolition debris recycling.
A. Projects.
I. 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 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;
Ordinance NO.3] ] 6
Page ]]
c. The estimated volume or weight of construction and demolition
debris, by materia] 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 use to
collect, process or receive the construction and demolition debris.
]n 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 WMR
Compliance Official. The WMR Compliance Official will respond to the
applicant's WMR submittal within ]0 business days with an approval, denial or
request for clarification. ]f the WMR Compliance Official does not respond
within ] 0 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. ]f 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 $] 0,000.
The WMR Compliance Official shall waive the performance deposit if the
total deposit required pursuant to this section would be $50.00 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 diversion requirement for
the project, unless applicant has been granted an exemption pursuant to subsection
(C) of this section. The documentation shall include all ofthe following:
Ordinance No. 3116
Page 12
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.
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 applicant and may meet with
the applicant to discuss possible ways of meeting the diversion requirement.
Ordinance No. 3116
Page 13
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 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
Director
~'f,~%.f~
Bart C. Miesfeld
Interim City Attorney
'''-
'..,j
Ordinance No. 3116
Page 14
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 15th day of July 2008, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
~-jJ ~j,~~
Donna R. Nofris, CMc, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 3116 had its first reading at a regular meeting held on the 8th day of
July 2008 and its second reading and adoption at a regular meeting of said City Council held on
the 15th day of July 2008; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 15th day of July 2008.
A-tu.u t2 f ~M.fA-,
Donna R. No~s, C~C, Interim City Clerk