HomeMy WebLinkAbout2009/09/15 Item 8
CITY COUNCIL
AGENDA STATEMENT
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~\f(... CITYOF
~ (HULA VISTA
9/15/09, Item3_
ITEM TITLE:
ORDINANCE OF THE CITY OF CHULA VISTA AiVIENDING CHULA
VISTA MUNICIPAL CODE 8.25095 - CONSTRUCTION AND
DEMOLITION DEBRIS RECYCUi~
DIRECTOR OF PUB IC ORKS leY
CITY MANAGER:. ...!Y
IAt'lAGER S r
4/5THS VOTE: YES D NO [g]
SUBMITTED BY:
REVIEWED BY:
SUMMARY
In March 2008, Council adopted the Construction and Demolition Debris Recycling Ordinance,
CVMC 8.25.095. After adoption, there were two modificatIOns made to the ordinance at the
request of general contractors: 1) reduced the amount of the performance deposit required from
3% of the project valuation to 0.75% for construction permits and 1.5% for demolition permits;
and 2) allow for a surety bond in lieu of a cash deposit.
The program has been operating for over a year and is a key program for ensuring that Chula
Vista continues to meet the State mandate of 50% waste diversion and a per capita disposal rate
of 5.3 pounds. Staff and applicants have had time to work with the process and are
recommending modifications to the ordinance that will provide clarity and a more detailed
description of the required Waste Management Report.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed ordinance for compliance
With the California Environmental Quality Act (CEQA) and has determmed that the proposal
qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory
Agencies for Protection of the Environment] of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
RECOMMEi\i)ATION
Council adopt the ordinance.
BOARDS/COMMISSION RECOMi\'lENDA TION
Not applicable.
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9/15/09, Item~
Page 2 of 3
DISCUSSION
The Constmction and Demolition Debris (C & D) Recycling Program that was adopted by
Council in March 2008, requires that applicants for constmction and demolition permits meet
specific criteria: 1) have a plan for diverting their debris from disposal, and 2) put up a
Performance Deposit to ensure recycling/diversion of this material. Upon completion of a
project, the applicant submits documentation to the Environmental Services Division verifying
that the waste diversion goals were met and the performance deposit and any accrued interest is
returned to the applicant.
The language in the ordinance has been modified to clarify the purpose and intent of the Waste
Management Report form as follows:
B. Submission of Waste Jl;lanagement Report.
I. Construction and Demolition Waste Jl;lanagement Report Forms.
Applzcants for any covered project shall complete and submit a constrIlction and demolition
waste management report on a Waste lvlanagement Reportform (WlvlR) approved by the City
for this purpose. The W:.1R shd! be sub;nitted for rcvieH and "'f3!3rGva! !HiGr 113 issuance of'"
eGnslrI;stiGn ar dem8!itian permil. The purvose of the WlvlR is to illustrate how the avvlicant
vlems to comvlv with the diversion reQuirements ver CVMC <:>' 8.25.020.06. Uoon oraiect
comoletion, the WMR will illustrate how the aovlicant camolied with the diversion
recluirements. The cGmp!ctcd WMR shall indicate all of the following:
a. The type &f pr8jcet; Part I of the WlvlR shall be submitted for review and
avvroval vrior to issuance of a construction or demolition vermit. The WlvlR
should identifv the tvve of materials exvected to be f!:enerated at the pmiect site
and their antieivated end uses or end markets (recvcle. reuse on-site, salvaf!:e, or
disvose! indicatinf!: how the landfill diversion f!:oals will be met. Part I of the
WMR shall include:
I. The tvoe of vroiect;
II. The total SQuare footar;e of the vroiect:
Ill. The estimated construction and demolition debris bv material tvve
expected to be generated bv the vroiect.
b. The aovlicant The lalal s0'uare faotage 8f :he prGjeel; uvon omiect comoletion,
will submit Part 2 of the WMR and shall indicate all of the following:
i. The tvve of oroiect:
ii. The total seluare footalZe of the oroiect;
iii. The actual volume or weif!:ht of construction and demolition debris
recvcled;
iv. The actual volume or weilZht of construction and demolition debris
reused or salvaf!:ed;
v. The actual volume or weilZht of constrIlction and demolition debris that
was disoosed of in a landfill;
VI. The actual volume or weif!:ht of construction and demolition debris
recvcled at a constrIlction and demolition debris recvclinf!lprocessinf!:
center;
VlZ. The vendors or facilities that the avvlicant used to collect, omcess, or
receive the constmction and demolition debris.
c. T,!,e eslimaled ',a!wne Gr ',,'eighl Gf eanslrueti311 and demG!itiol1 debris, by
male;'ia! type, 113 be gCl1erated;
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9/15/09, Item~
Page 3 of 3
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d. The l1:ilxin"il'!: '.'3Iul1:e or ;c'eight of eo,~st;'uetion and iel'l13htio:J debris that ',.-i/! be
reC) cled 31' diverted fr3;'!: the landfill;
c. The l'I1il,'cim"n; '.'olu;n::; or ~\'eight of e311stmeti3:I md dcn!ohtisn del3l'is the;t ;'.'il! be
disposd of in il !a;ulfi/!; and
f The '.'ondo;'s orflwi!itics that th::; spplieant P;'0f33SCS to use to c3/!ect, process 31'
Feecz:'e th::; eonst;'r;c;lio;l [wi dcmsliti3n debris.
In estimating the volume or weight of materials identified in the WlvfR, the applicant shall
use the standardized conversion rates established and approved by the City for this purposec
or actual ,veirzht tickets...
.. 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-quarters of one percent of the total project cost for new construction
and one and one-half percent of the total project cost for demolition projects, or $30,000
maximum. 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 Cily ami by such sureties which are admitted insurers in the
State of California, are subject to regulation by the Departmenl of Insurance, and which
satisfy all State requirements. The City shall not accept a surety bond for less than LlI"!)!
vroiect with a performance deTiOsit calculated al $10,000 or less.
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 mle found in California Code of Regulations section
l8704.2(a)(I) is not applicable to this decision.
':;'
CURRENT YEAR FISCAL IMP ACT
Approval of this amendment to the Constmction and Demolition Debris Recycling Ordinance
represents no current year fiscal impact.
''!''
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact m amending the Constmction and Demolition Debris
Recycling Ordinance.
.
,
ATTACHMENT
I. Waste Management Report Form
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Prepared by Lynll France, Environmental Services Program lv!anager
.,
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Construction and Demolition Debris ATTACHMENT
Waste Management Report
(WMR)
/
The City of Chula Vista has a Mandatory Recycling Ordinance, Chula Vista Municipal Code (CVMC) 8.25.095. Prior to
SUbfBHtiAg-yeuF-aj3~~(;~kffi-fGf= the issuance of a demolition or COf!s-tfL~l;tim-l buildina permit, you must have completed a
Waste Management Report form and obtained approval from the Environmental Services Division (619-691-5122)
demonstrating how you will F€€YGle divert from the landfill a minimum of 90% of inert waste (rock, dirt, concrete, asphalt, tile, bricks) and a minimum of
50% of the remaining construction and demolition waste generated from your project.
Cln'OF
(HULA VISTA
Please be infonned that all covered construction and demolition projects are required to complete the Waste Management Report form and submit a
Performance Deoosit unless specifically exempted as described in CVMC 8.25.095.
Step 1: Before the Proiect Beains
This is a t\rvo~step process. Complete Part 1 of this form, which identifies the construction and demolition debris that you expect to generate on
the project work site and what you plan to recycle, reuse or salvage, or dispose of at a landfill.
Submit your form to the Environmental Services Division for approval: City of Chula Vista, Environmental Services Division _ WMR
Review, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911 ~OR" via fax: (619) 397.6363. This process may take up to ten
(10) business days. When your WMR has been aooroved it will be returned to YOU so that vou can include a CODV with Your Dermit aDolication.
To ensure that the materials are recycled, a Performance Deposit is required. The Performance Deposit is calculated at 0.75% (three quarters
of one percent) of the project valuation for new construction and 1.5% (one and one~half of a percent) of the project valuation for a demolition
project, or a maximum of 530,000. If your calculated deposit is 550 or less, the deposit will be waived. Your oerformance deoosit will be oaid
when vou oay your Dermit fees or vou may orovide the City with a sure tv bond or letter of credit. Contact Environmental SeNices (619-691~
5122) if yOU would like more details on bonds and fetters of credit.
Steo 2: While the Proiect Proaresses
'. Save all receipts and/or documents from reuse facilities, recycling centers, processing facilities, and landfills where materials were taken.
Complete the Construction and Demolition Debris Recycling Log (Part 2 of this form) as your project progresses. Your Performance Deposit
will be refunded based upon your documentation of the amount of debris you diverted from disposal. Recycling/diversion goals are (at a
minimum) 90% of inert waste and 50% of the remaining waste generated by the project. If you meet these goals, your Performance Deposit
will be refunded in full. Otherwise it will be prorated.
.:;;. "'~~'f ,,!,- ^~~,?;. ,R.':l,~i'h-'-~~"7iS:'
Permit no.lAPN:
Project Name (if applicable):
Applicant Name:
Mailing Address:
Phone:
E~mail Address:
Did you contact the City's franchise waste hauler (Allied Waste Services) for this project? Yes
No
Expected project start date:
Project Location (Address and Cross Street):
Building/Project Type (new construction, demolition, tenant improvement, etc.):
Expected project completion date:
Square footage:
-- _.,--
-~--
~__d
- - -~
,_u~,
-
~-
...~
-
-
,.. ~.-. _..
FOR CITY USE ONLY: WMR Status
Project Cost: $
Performance Deposit Dollar Amount: $
_Approved
_ Approved with exception:
Denied
Reviewed by:
Date:
Approved by:
Date:
8-4
Revised on 07/06/2009
Permit no./APN:
Project Name (if applicable):
Applicant Name:
Project Location (Address and Cross Street):
Phone:
Part 1: Place a check mark in the columns for items to be reused or salvaged, recycled, or disposed, Submit the completed form for approval to:
City of Chula Vista, Environmental Services Division - WMR Review, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911 .OR-
via fax: (619) 397-6363. Upon approval, your form will be returned to you. You will need a copy of your approved form attached to your construction or
demolition permit application. For questions or clarifications regarding the Waste Management Report form, please contact Environmental Services at
(619) 691.5122
Inert Materials Place a check mark Place a check mark Place a check mark
:*Must divert at least 90% of inert materials::': next to items to be next to items to be next to items to be
reused or salvaged recycled disposed at landfill
Asphalt/Concrete
Brick/Masonry/Tile
Dirt/Rock
Mixed inert debris'
.
Other Materials Place a check mark Place a check mark Place a check mark
:*Must divert at least 50% of all other materials~ next to items to be next to items to be next to items to be
reused or salvaged recycled disposed at landfill
Cabinets, doors, fixtures, windows (circle all that apply)
Cardboard
Carpet I
Carpet (padding/foam only)
Gar-dboa-l'd
Ceiling Tile (acoustic)
Drywall (used)
Drywall (new, unpainted, or scrap)
Landscape debris (brush, trees, stumps, etc.)
Mixed debris'
Roofing materials
Scrap metal
Stucco
Unpainted wood-&-and pallets
Re€ycled-Mixe&-Debris
Trash/Garbage
Other Iple-as€-.Qescrlbe} - olease describe;
Other (please..aescr-ibe} - olease describe:
Other (p1ea5e-*$6r~be-) - olease describe:
* Mixed debris must be taken to an aooroved mixed Droces~na~cilitv.
7
Permit no.lAPN:
Applicant Name:
Project Location (Address and Cross Street):
Project Name (if applicable):
Phone:
Part 2: Use this log sheet to track your loads of materials as they leave the job site. Save all receipts and documents from facilities where materials
were taken. When your project is complete, sign and date the log sheet and send it and all corresponding receipts/documentation, including
photographs of materials that were reused or salvaged, to: City of Chula Vista, Environmental Services Division, Public Works Facility, 1800
Maxwell Road, Chura Vista, CA 91911.
(A) (8) (e)
Actual Actual Actual Actual Destination(s)
Vendors and Facilities
Date Material Type Amount Amount Amount
Reused or Recycled Disposed of Name, Address, and Telephone
Salvaged in Landfill Number
Examole:
7/10/2008
Concrete (broken)
6 tons
H3ASGft Ag-gr-egatB5.-37-G4-t.=la~;maF...Qf-:-;
GaflsiJaG---...{'.60i503-0 ~ 53
Facilitv Name. 1234 Main St.
Chuta Vista CA 619 555-1234
'Please llSFJ a seoarate sheet for additional items
CERTIFICATION - I certify under penalty of perjury under the laws of the State of California that I have reviewed the accuracy of the information
contained in and with this Waste Management Report and that the information is true and correct to the best of my knowledge.
Print Name and Title
Signature
Date
8-6
,
Construction & Demolition Conversion Table
This document is Informational only. It is only here to help you convert truckload quantities to tons if necessa'ry.
Step 1: Enter the estimated quantity for each applicable material in Column A. based on units of cubic yards (cy), square feet (sq
ft), or board feet (bd ft).
Step 2: Multiply the number entered in Column A by the Tons/Unit conversion factor in Column B. Enter the answer for each
material in Column C. Transfer your answer(s) to Part 2 (Daily Recycling Log) of your WMR form.
Column A Column B Column C
Cateqorv Material Volume Tons/Unit Tons
AsphalUConcrete Asphalt (broken) cy x 0.70 =
Concrete (broken) cy x 1.20 =
Concrete (solid slab) cy x 1.30 =
Brick/MasonrylTile Brick (broken) cy x 0.70 =
Brick (whole, paJletized) cy x 1.51 =
Masonry Brick (broken) cy x 0.60
Tile sq ft x 0.00175 =
Building Materials (cabinets, doors, windows, etc.) cy x 0.15 =
Cardboard (flat) cy x 0.05
Carpet By square foot sq It x 0.0005 =
By cubic yard cy x 0.30 =
Carpet Padding/Foam sq ft x 0.000125
Ceiling Tiles Whole (palletlzed) cy x 0.0003 =
Loose cy x 0.09 =
Dirt Loose/Dry cy x 1.20 =
ExcavatedlWet cy x 1.30 =
Sand (loose) cy x 1.20 =
Drywall (new or used) 1/2" (by square foot) sq It x 0.0008
5/8" (by square foot) sq It x 0.00105 =
Demo/used (by cu. yd.) cy x 0.25 =
Landscape Debris (brush, trees, etc.) cy x 0.15
Mixed Debris Construction cy x 0.18
Demolition cy x 119
Rock cy x 1.29
Shingles, asphalt Asphalt Composition Shingle cy x 0.22 =
Unpainted Wood/Pallets By board foot bd ft x 0.001375
By cubic yard cy x 0.15 =
Trash/Garbage cy x 0.18
Other (estimated weight):
X estimate
x estimate =
8 7 Total all =
4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION 8.25.095
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That Section 8.25.095 of the Chula Vista Municipal Code is hereby
amended to read as follows:
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 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 homes 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 purpose of the WMR is to illustrate how the applicant plans to
comply with the diversion requirements per CVMC S 8.25.020.06. Upon project
completion, the WMR will illustrate how the applicant complied with the diversion
requirements. The WMR shall indicate all of the following:
a. Part 1 of the WMR shall be submitted for review and approval prior to
issuance of a construction or demolition permit. The WMR should identify the
8-8
type of materials expected to be generated at the project site and the anticipated
end uses or end markets (recycled, reused on-site, salvaged, or disposed)
indicating how the landfill diversion goals will be met. Part 1 of the WMR shall
include:
i. The type of project;
ii. The total square footage of the project;
iii. The estimated generation of construction or demolition debris by
material type.
b. Upon completion, the applicant will submit Part 2 of the WMR and shall
indicate all of the following:
I. The type of project;
ii. The total square footage of the project;
iii. The actual volume or weight of construction and demolition debris
recycled, by material type;
iv. The actual volume or weight of construction and demolition debris
reused or salvaged by material type;
v. The actual volume or weight of construction and demolition debris
disposed of in a landfill;
vi. The actual volume or weight of construction and demolition debris
recycled at a construction and demolition debris recycling/processing center;
vii. The vendors or facilities that the applicant used 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 or actual weight tickets.
2. Initial Application. Notwithstanding any other provision of this code, no
construction or demolition permit may be 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 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-quarters of one percent of the total project cost for
new construction and one and one half percent of the total project costs for demolition
projects or $30,000 maximum. 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 I nsurance, and which satisfy all State requirements. The City shall
not accept a surety bond for any project with a performance deposit calculated at
$10,000 or less.
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 and accrued interest shall be returned to the applicant
upon acceptance of proof of compliance in full. If partial compliance, the performance
8-9
deposit and associated interest will be refunded on a prorated basis dependent on the
degree of compliance. The City will retain the interest on any deposit funds riot refunded.
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.
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 make 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.
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 s'hall 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
8-10
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. (Ord.
5. 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.
6. 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. (Ord. 3118 S 1,2008; Ord. 3116 S 1,2008;
Ord. 3105 S 1, 2008).
Presented by
Approved as to forrn by
Richard A. Hopkins
Director of Public Works
~ 0E
Bart Miesfeld
City Attorney
Of?"'?,?
8-11
ORDINANCE NO.
AN--ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION 825095
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That Section 8.25.095 of the Chula Vista Municipal Code is hereby
amended to read as follows:
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 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 homes 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 VVMR chall be cubmittod for review and :Jpprov:J1 prior to fsst!aA€e-m
a-BBRstruction or demolition permit. The purpose of the WMR is to illustrate how the
applicant plans to complv with the diversion requirements per CVMC " 8.25.020.06.
Upon proiect completion, the WMR will illustrate how the applicant complied with the
diversion requirements. The completed WMR shall indicate all of the following'
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a. Part 1 of the WMR shall be submitted for review and approval prior to
issuance of a construction or demolition permit The WMR should identifv the
tvpe of materials expected to be qenerated at the proiect site and the anticipated
end uses or end markets (recvcled, reused on-site, salvaqed, or disposed)
indicatinq how the landfill diversion qoals will be met Part 1 of the WMR shall
include: The type of projact;
I. The type of proiect:
I:},ii. The total square footage of the project;
Seiil. The estimated qeneration of construction or demolition debris bv
material type
b. Upon completion, the applicant will submit Part 2 of the WMR and shall
indicate all of the followinq:
I. The type of proiect:
ii. The total square footaqe of the proiect:
iil. The actual volume or weiqht of construction and demolition debris
recvcled, bv material tvpe;
iv. The actual volume or weiqht of construction and demolition debris
reused or salvaqed bv material type;
v. The actual volume or weiqht of construction and demolition debris
disposed of in a landfill;
vI. The actual volume or weiqht of construction and demolition debris
recvcled at a construction and demolition debris recvclinq/processinq center;
vii. The vendors or facilities that the applicant used to collect process. or
receive the construction and demolition debris.
d.The maximum volume or weight of construction ::md demolition debris that will
be rocyclod or divorted from tho landfill;
o.Tho maximum volume or weight of construction and demolition debris that will
be disposod of in a landfill; and
f.The venders or facilities that the applicant proposes to usa to collect, proC8SS or
f8B€ive 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 or actual weiqht tickets.
2. Initial Application. Notwithstanding any other provision of this code, no
construction or demolition permit may be 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 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-quarters of one percent of the total project cost for
new construction and one and one half percent of the total project costs for demolition
projects or $30,000 maximum. 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
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not accept a surety bond for less th3n any proiect with a performance deposit calculated
&$10,000 or less.
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 and accrued interest shall be returned to the applicant
upon acceptance of proof of compliance in full. If partial compliance, the performance
deposit and associated interest will be refunded on a prorated basis dependent on the
degree of compliance. The City will retain the interest on any deposit funds not refunded.
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.
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 make it infeasible to comply with the diversion requirement
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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.
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. (Ord.
5. 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.
6. 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. (Ord. 3118 <? 1. 2008; Ord. 3116 <? 1.2008:
Ord. 3105 <? 1. 2008).
Presented by
Approved as to form by
Richard A. Hopkins
Director of Public Works
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Bart Miesfeld
City Attorney
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