HomeMy WebLinkAboutInformational Item - Update of CVAG Model Construction & Demolition Debris OrdinanceCITY OF PALM DESERT
COMMUNITY SERVICES
STAFF REPORT
REQUEST: INFORMATION REGARDING A CVAG MODEL ORDINANCE
REQUIRING THE RECYCLING OF 50% OF WASTE MATERIAL
CREATED FROM NEW CONSTRUCTION, REMODELING AND
DEMOLITION WITHIN THE COACHELLA VALLEY
SUBMITTED BY: Robert Kohn, Director of Special Programs
DATE: December 9, 2004
CONTENTS: CVAG Model Construction and Demolition Recycling Ordinance
Recommendation
Informational Item Only
Executive Summary
At the City Council's direction, staff has been working to increase the amount of
diversion of waste materials being deposited in the landfill. To move in this direction,
one of the tasks staff has been working on is a model Construction & Demolition (C&D)
ordinance with CVAG through the Solid Waste Technical Advisory Group.
Representatives from member cities, Waste Management, and the Building Industry
Association (BIA) have worked for the past several months developing a model
ordinance. Working with CVAG was paramount to addressing concerns of BIA
members in regards to having different ordinances throughout the valley.
The recycling, reuse, and reduction of construction and demolition material is one more
step to maintain or exceed mandated diversion requirements and addressing an area
that produces tons of unrecycled Grade "A" materials.
Discussion
Independent of the CVAG process, City staff met with BIA representatives, Waste
Management of the Desert, and others regarding a proposed C&D recycling ordinance.
The ordinance has been modified after these and subsequent CVAG discussions in an
effort to address some of the issues brought forward. Samples from eight other local
government jurisdictions were reviewed and studied as well as considerable information
obtained from the California Integrated Waste Management Board (CIWMB), which
assisted in the development of the attached model C&D ordinance.
CVAG Model C&D Recycling Ordinance
December 9, 2004
Page 2 of 2
Staff is working with Waste Management to address the needs of contractors as
expressed by the BIA and others. The ability to mix material types is one area being
explored. Another option being reviewed is compartmentalized containers that would
allow the separation of more than one material type at a time. Both of these items
would assist the contractors in their diversion efforts by eliminating the need for multiple
containers for each material type while saving valuable time in the delivery and pickup
of the various bins.
Staff is in contact with the CIWMB in regards to "free" training for contractors,
developers, City staff, and individuals involved in construction and demolition activities.
There is the potential of diverting a significant amount of material through this program,
and with proper training, would create a savings for the contractors and subcontractors.
Once CVAG has adopted the model C&D recycling ordinance, it will be up to each City
to adopt this ordinance with specific amendments by each city. As an example, the limit
for the deposit is set at $50,000 with projects under 500 square feet being exempt. A
City may want to increase or decrease the dollar amount or the square footage
requirements. Once CVAG and the cities have completed the final version of the C&D
model ordinance, it will be brought before the City Council with suggested amendments
geared for Palm Desert. The Development Services Division is currently reviewing the
CVAG model ordinance. It should be noted that this would be a program that a
consultant could assist in implementing.
Submitted by:
R ERT WKOFfNZ,Director Special Programs
Approval:
ZQ2��
CARLOS ORTEGC,, City Manager
Department Head:
SHEILA GILLIPAN, As�t nt City Manager
CVAG Model Ordinance Draft - November 9, 2004
ORDINANCE NO. DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF —PALM DESERT,
CALIFORNIA, ESTABLISHING CHAPTER X.XX TO THE MUNCIPAL.
CODE/COUNTY CODE, RELATING TO RECYCLING AND DIVERSION OF
CONSTRUCTION AND DEMOLITION WASTE.
WHEREAS, the City of Palm Desert, California, is committed to protecting public
health, safety, welfare, and the environment, and as such, promotes the reduction of solid
waste; and
WHEREAS, the City is actively seeking ways to reduce the amount of landfilled
solid waste; and
WHEREAS, the City Council has learned that materials from demolished structures
are currently deposited in the landfill without the materials being made available for
salvage; and
WHEREAS, the City Council has learned that businesses, organizations, and
individuals may be interested in reusing or recycling construction materials; and
WHEREAS, salvaging of construction materials furthers the City's commitment to
reducing waste and complying with AB 939.
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN as follows:
SECTION 1. That the Recitals set forth above are true and correct and are
incorporated herein by this reference.
SECTION 2. That a new Chapter X.XX be added to the Municipal
Code entitled "Recycling and Diversion of Construction and Demolition Waste
Requirements to read as follows:
Recycling and Diversion of Waste from Construction and Demolition
Sections:
Section X.XX.010: Findings and Purpose
Section X. XX.020: Definitions
Section X.XX.030: Designated Recyclable and Reusable Materials
Section X.XX.040: Diversion Requirements/Covered projects Requirements
Section X.XX.050: Diversion Requirement Exemptions
Section X.XX.060: Mixed Waste Processing Facilities
Section X.XX.070: Construction & Demolition Waste Plan
Section X.XX.080: Performance Security
Section X.XX.090: Refund of Performance Security
Section X.XX.100: Use of Performance Security
Section X.XX.110: Reporting
Section X.XX.120: Forfeiture of Performance Security
Section X.XX.130: Compliance and Release of Performance Security
Section X.XX.140: Appeal/Administrative Appeal
Section X.XX.150: Option To Revise
Section X.XX.160: Violations a Public Nuisance
Section X.XX.170: Penalties
Section X.XX.010 Findings and Purpose:
The City Council of the City of Palm Desert hereby finds and determines that the
City is committed to protecting the public health, safety, welfare, and environment; that in
order to meet these goals it is necessary that the City/County promote the reduction of
solid waste and reduce the stream of solid waste going to landfills; that under California law
as embodied in the California Waste Management Act (California Public Resources Code
Sections 40000 et seq.), is required to prepare, adopt, and implement source
reduction and recycling elements to reach reduction goals, and is required to make
substantial reductions in the volume of waste materials going to landfill, under the threat of
penalties of $10,000 per day; that waste from demolition and construction of commercial
and residential buildings represents a large portion of the volume presently coming from
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and that a percentage of that waste is particularly suitable for recycling;
that commitment to the reduction of waste and to compliance with state law
requires the establishment of programs for recycling and salvaging construction and
demolition materials; the City Council/Board of Supervisors recognizes that requiring
demolition and construction waste to be recycled and reused may in some respects add
modestly to the cost of demolition and in other respects may make possible some cost
recovery and cost reduction; and that it is necessary in order to protect the public health,
safety, and welfare that the following regulations be adopted.
Section X.XX.020 Definitions:
A. "Applicant" - 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.
B. "City -owned Projects" - Construction, demolition, addition, alteration, and remodel
projects that are City/County-owned and are not described by Section X.XX.050 as
exemptions.
C. "Compliance Official% Person designated by the City to evaluated C & D Waste
Plans, track project progress, and determine return and forfeiture of securities.
D. "Construction" - All building, landscaping, remodeling, addition, removal or destruction
involving the use or disposal of Designated Recyclable and Reusable Materials as defined
in Section X.XX.030.
E. "Construction and Demolition Waste" - Includes the waste building materials, packaging
and rubble resulting from construction, remodeling, repair and demolition operations on
pavements, houses, commercial buildings and other structures.
C & D waste includes the following items which meet the above criteria:
(1) components of the building or structure that is the subject of the
construction work including, but not limited to, lumber and wood, gypsum
wallboard, glass, metal, roofing material, tile, carpeting and floor
coverings, window coverings, plastic pipe, concrete, fully cured asphalt,
heating, ventilating, and air conditioning systems and their components,
lighting fixtures, appliances, equipment, furnishings, and fixtures;
(2) tools and building materials consumed or partially consumed in the
course of the construction work including material generated at
construction trailers, such as blueprints, plans, and other similar wastes;
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(3) cardboard and other packaging materials derived from materials
installed in or applied to the building or structure or from tools and
equipment used in the course of the construction work; and
(4) plant materials resulting from construction work when commingled with
dirt, rock, inert debris or C & D waste.
F. "Construction and Demolition Waste Plan " ("C&D Waste Plan") - A completed C&D
Waste form, approved by the City/County for the purpose of compliance with this
Article, submitted by the Applicant for any Covered Project.
G. "Contractor" - Any person or entity holding, or required to hold, a contractor's license of
any type under the laws of the State of California, or who performs (whether as contractor,
subcontractor or owner -builder) any construction, demolition, remodeling, or landscaping
relating to buildings or accessory structures in the City of Palm Desert..
H. "Conversion Rate" - The rate set forth in the standardized Conversion Rate Table
approved by the City/County pursuant to this Article for use in estimating the volume or
weight of materials identified in a C&D Waste Plan.
I. "Covered Projects"- All construction, demolition, addition, alteration, and remodel
projects within the City requiring a building permit.
J. "Demolition" - The decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
K. "Divert"- Redirection of material that would previously be disposed into the landfill.
Appropriate diversion methods include transfer of materials to acceptable recycling
facilities, approved on -site re -use techniques, and other waste minimization methods
approved by the Compliance Official.
L. "Diversion Requirement" - The diversion of at least fifty (50) percent of the total
Construction and Demolition waste generated by a Project via reuse or recycling,
unless the Applicant has been granted an Exemption pursuant to Section X.XX.050 of
this Ordinance, in which case the Diversion Requirement shall be the maximum feasible
diversion rate established by the Compliance Official.
M. "Exempt" - Projects that are described by the criteria outlined in Section X.XX.050
are considered exempt.
N. "Large Project" - Projects that are 40 or more homes under a subdivision or a
specific plan constructing 100,000 square feet or more.
O. "Mixed Waste Processing Facility" — A recycling, composting, materials recovery or
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re -use facility for which the Compliance Official has issued a certification pursuant to
regulations promulgated by the Compliance Official.
P. "Non -covered Projects" - Projects that are not described by the definition of "Covered
Projects."
Q. "Performance Security" - A letter of credit, certificate of deposit, or cash and cash
equivalents submitted to the City pursuant to Section X.XX.080 of this Article.
R. "Recycling" - The process of collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and returning them to the economic
mainstream in the form of raw material for new, reused, or reconstituted products which
meet the quality standards necessary to be used in the marketplace.
S. "Recycling Facility" — Approved processing facility by City, County, State, or Federal
Government
T. "Renovation" - Any change, addition, or modification in an existing structure.
(use State definition)
U. "Residential Standards" - Standards that apply to the construction of residential
development.
V. "Reuse" - Further or repeated use of Construction or Demolition Waste.
W. "Salvage" - The controlled removal of Construction or Demolition Waste from a
permitted building or demolition site for the purpose of recycling, reuse, or storage for
later recycling or reuse.
Section X.XX.030 Designated Recvclable and Reusable Materials:
(use Riverside County definition of non -hazardous and hazardous materials)
1. Recyclable and reusable materials include but are not limited to, the following:
a. Appliances including, but not limited to stoves, refrigerators, water heaters, air
conditioning, and lighting.
b. Cardboard materials
c. Drywall and Plaster materials including drywall, gypsum, and sheetrock.
d. Green Waste, which includes tree trimmings, grass, leaves, and palm fronds,
e. Masonry building materials including all products generally used in
construction including, but not limited to concrete, rock, stone, and brick.
f. Metals including ferrous (steel, stainless steel, steel piping, roofing, and
flashing) and non-ferrous (aluminum, copper, and brass).
g. Paving materials including asphalt, brick, and concrete.
h. Roofing materials including wood shingles as well as asphalt, stone, concrete,
metal, and slate based roofing material.
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h. Salvageable materials including all salvageable materials and structures
including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, and
bathtubs.
i. Wood Waste includes any and all dimensional lumber, fencing or construction
wood that is not chemically treated, creosoted, CCA pressure treated,
contaminated or painted.
j. Any other construction or demolition debris that is non -hazardous and available
for recycling or reuse, including dirt.
Section X.XX.040 Diversion Requirements / Covered Proiects Requirements:
1. Demolition. Every structure planned for demolition shall be made available for
deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of
the owner, the general contractor and all subcontractors to recover the maximum feasible
amount of salvageable designated recyclable and reusable materials prior to demolition.
Recovered and salvaged designated recyclable and reusable materials from the
deconstruction phase shall qualify to be counted in meeting the diversion requirements of
this chapter. Recovered or salvaged materials may be given or sold on the premises, or
may be removed to a reuse warehouse facility for storage or sale.
All covered projects must do the following.
a. Divert at least 50% of all construction waste
b. Submit a Construction and Demolition Waste Plan (on the required
forms)
c. Submit a performance security along with the application required for a
construction permit. City/County-owned projects will not be required to
pay the performance security.
2. New Construction.
All covered projects must do the following.
a. Divert at least 50% of all construction waste
b. Submit a Construction and Demolition Waste Plan (on the required
forms)
c. Submit a performance security along with the application required for a
construction permit. City/County-owned projects will not be required to
pay the performance security.
3. Every applicant shall submit a properly completed "Recycling and Waste Reduction
Form" as prescribed by the City's Compliance Official, to the Building arid Safety
Department, as a portion of the building or demolition permit process. The form shall
contain an accurate estimate of the tonnage or other specified units of construction and/or
demolition waste to be generated from construction and demolition on the site. Approval of
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the form as complete and accurate shall be a condition precedent to issuance of any
building or demolition permit.
Section X.XX.050 Diversion Requirement Exemptions:
1. Evaluation of the C & D Waste Plan may determine the following projects exempt:
a. Work for which a building or demolition permit is not required;
b. Roofing projects that do not include tear -off of existing roof;
c. Remodels, alterations, or additions with total area less than five hundred
square feet;
d. Work for which only a plumbing, only an electrical, or only a mechanical permit
is required;
e. Seismic tie -down projects;
f. Installation of pre -fabricated patio enclosures or accessories such as signs or
antennas where no structural building modifications are required;
g. Projects where no structural building modifications are required;
h. Emergency demolition that is required to protect the public health and safety;
and
L Other projects that the Compliance Official determines infeasible to comply
with the Diversion Requirement.
2. The Compliance Official shall determine if the construction project is in compliance
with this section. While not required, it shall be encouraged, that at least 50% of all
project -related construction and demolition waste from Exempt projects be diverted.
The Compliance Official shall distribute education materials that encourage recycling of
Construction and Demolition waste.
Section X.XX.060 Mixed Waste Processina Facilities:
1. The Compliance Official shall issue a certification only if the owner or operator of the
facility submits documentation satisfactory to the Compliance Official:
a. That the facility has obtained all applicable Federal, State, and local permits,
and is in full compliance with all applicable regulations; and
b. The percentage of incoming waste from construction, demolition, and
alteration activities that is diverted from landfill disposal meets the required
minimum percentage set forth in regulations promulgated by the Compliance
Official.
2. The City shall make available to each building permit applicant paying a performance
security a current list of Mixed Waste Processing Facilities.
Section X.XX.070 Construction and Demolition Waste Plan:
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1. In conjunction with the building permit applications fee, the applicant shall submit a
properly completed C & D Waste Plan to the Compliance Official. in a form as
prescribed by that Official, for one or more building permits issued at the same time.
The completed C & D Waste Plan shall contain the following:
a. The estimated weight of project waste to be generated by material type;
b. The estimated weight of such materials that can feasibly be diverted via
Reuse or Recycling by material type;
c. The vendor(s) that the applicant proposes to use to service the clean up
activities and the markets identified that will be used in recycling or reusing the
diverted materials; and
d. Estimated volume or weight of construction and demolition waste that will be
disposed.
Because actual material weights are not available in this stage, estimates are used. In
estimating the volume or weight of materials as identified in the C & D Waste Plan, the
Applicant shall use the standardized conversion rates approved by the City of
. County of Riverside for this purpose. Approval of the C & D Waste Plan
as complete and accurate shall be a condition precedent to the issuance of any building
or demolition permit. If the applicant calculates the projected feasible diversion rate as
described above, and find the rate does not meet the diversion goal, the applicant must
then submit information supporting the lower diversion rate. If this documentation is not
included, the C & D Waste Plan shall be deemed incomplete.
2. Evaluation of the C & D Waste Plan will determine the following:
a. Approval: No building or demolition permit shall be issued for any Covered
Project unless and until the Compliance Official has approved the C & D Waste
Plan. The Compliance Official shall only approve a C & D Waste Plan if he or
she determines that all of the following conditions have been met:
i. The C & D Waste Plan provides all of the information set forth in this
section.
ii. The C & D Waste Plan indicates that the diversion requirements of
Section X.XX.040 are met; and
iii. The Applicant has submitted an appropriate Performance Security for
the project.
b. Non -Approval: If the Compliance Official determines that the C & D Waste
Plan is incomplete or fails to indicate that the diversion requirements of Section
X.XX.040 will be met, he or she shall either:
i. Return the C & D Waste Plan to the Applicant marked "Disapproved",
including a statement of reasons, and will notify the building department,
which shall then immediately stop processing the building or demolition
permit application, or
K.
ii. Return the C & D Waste Plan to the Applicant marked "Further
Explanation Required."
Section X.XX.080 Performance Security:
1. The applicant for a building or demolition permit shall submit a performance security
along with the C & D Waste Plan. This performance security shall be in the amount of
1 % of the building permit valuation, but not greater than $50,000.
2. For large projects, a $50,000 performance security will be deposited. The security
may be carried forward to the following phase provided the contractor has met the
required diversion requirements. If diversion requirements are not met and a portion or
all of the performance security if forfeited, the security must be replenished to meet
$50,000. The dollar amount to be replenished will be based on the diversion schedule
in Section X.XX.130.
3. The applicant shall post performance security in the form of cash, money order, letter
of credit, performance or surety bond.
Section X.XX.090 Refund of Performance Security:
1. The Compliance Official may authorize the refund of any performance security, which
was erroneously paid or collected.
2. The Compliance Official may authorize the refund of any performance security when
the building permit application is withdrawn or cancelled before any work has begun.
3. The Performance Security shall be returned, without interest, in total or pro -rated,
upon proof of satisfaction by the Compliance Official that no less than the required
percentage of construction and demolition waste tonnage generated by the Covered
project has been diverted from disposal and has been recycled or reused or recycling.
If a lesser percentage of construction and demolition waste tonnage than is required is
diverted, a proportionate share of the deposit shall be returned. The deposit shall be
forfeited entirely or to the pro -rated extent that there is a failure to comply with the
requirements of this chapter. The City may, by formal resolution, modify the amount of
the required security.
Section X.XX.100 Use of Performance Security:
1. Monies received by the City as Performance Security shall be used only for:
a. Payment of Performance Security refunds.
b. Programs to divert construction, demolition, and alteration projects from the
landfill.
c. Programs whose purpose is to develop or improve the infrastructure needed to
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divert. wastes from construction, demolition, and alteration projects from landfill
disposal.
d. Staff costs, time.
Section X.XX.110 Reporting:
1. To the extent practical, all construction and demolition waste shall be weighed in
compliance with all regulatory requirements for accuracy and maintenance. For
construction 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
conversion rates approved by the City for this purpose.
2. Throughout the duration of the project the Applicant is required to submit
documentation to the Compliance Official that proves compliance with the requirements
of Section X.XX.040 and Section X.XX.070. The documentation shall consist of
monthly updates showing waste tonnage data, total tonnage, tonnage diverted, and
tonnage landfilled supported by original or certified photocopies of receipts and weight
tags or other records of measurement from recycling companies, deconstruction
contractors, and/or landfill and disposal companies. Receipts and weight tags will be
used to verify whether waste generated from the Covered Project has been or is being
recycled, reused, salvaged or disposed. The Applicant shall make reasonable efforts to
ensure that all designated recyclable and reuse waste salvaged or disposed are
measured and recorded using the most accurate method of measurement available.
3. Within 60 days following the completion of the demolition of a Covered project (if
applicable), and again within 60 days following the completion of the construction phase
of a Covered project (if applicable), the applicant shall, as a condition precedent to final
inspection and to issuance of any certificate of occupancy or final approval of project,
submit documentation to the Compliance Official that proves compliance with the
requirements of Section X.XX.040 and Section X.XX.070. The documentation shall
consist of a final completed C & D Waste Plan showing actual waste tonnage data,
supported by original or certified photocopies of receipts and weight tags or other
records of measurement from recycling companies, deconstruction contractors, and/or
landfill and disposal companies. Receipts and weight tags will be used to verify
whether waste generated from the Covered Project has been or are to be recycled,
reused, salvaged or disposed. The Applicant shall make reasonable efforts to ensure
that all designated recyclable and reuse waste salvaged or disposed are measured and
recorded using the most accurate method of measurement available.
Section X.XX.120 Forfeiture of Performance Securitv:
1. If the Compliance Official determines that the Applicant has not made a good faith
effort to comply with this chapter, or if the Applicant fails to submit the documentation
required by Section X.XX.070, Section X.XX.110, and Section X.XX.130 within the 60
day time period, then the deposit shall be forfeited to the City.
2. If it has been determined through the monthly progress of submitted documentation
that the project is failing to meet the criteria of Section X.XX.040, the City reserves the
right to hire appropriate assistance necessary for the project to achieve compliance. If
this occurs, the applicant will be held liable for the costs associated with compliance.
3. If the Compliance Official determines that the Applicant has diverted a lesser
percentage of construction and demolition waste tonnage than required, the deposit
shall be forfeited entirely or to the pro -rated extent that there is failure of compliance.
Section X.XX.130 Compliance and Release of Performance Security:
The Compliance Official shall review the information submitted under Section X.XX.110
of this Article and determine whether the applicant has complied with the diversion
requirement as follows:
1) Full Compliance: If the Compliance Official determines that the applicant has fully
complied with the diversion requirement applicable to the project, the Compliance
Official shall cause the performance security to be returned in full, without interest,
within 15 days.
2) Partial Compliance: If the contractor is not found in compliance but has submitted
required forms and documentation, the City may refund a percentage of the deposit
for partial compliance. See schedule below to determine the amount of the security
to be refunded based on the level of diversion obtained and supported.
% Diverted
% Deposit Returned
50%
100%
40-49%
80%
30-39%
60%
20-29%
40%
10-19%
20%
Under 10%
0%
3) Non -Compliance: If the Compliance Official determines that the applicant has not
fully or partially complied with the diversion requirement, or if the applicant fails to
submit the documentation required by Section X.XX.110 of this Article within the 60
day time period, then the performance security shall be forfeited to the City.
Section X.XX.140 Appeal / Administrative Appeal:
a. The applicant shall have the right to appeal to the City Manager or designee, any
decision made by the Compliance Official/Code Compliance Officer.
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b. The decision made by the City Manager or designee shall be final.
Section X.XX.150 Option to Revise:
Annually, the City will evaluate the Recycling and Diversion of Construction and
Demolition Waste Ordinance to determine its effectiveness in reducing the amount of
C&D waste disposed. In this determination, the City will consider issues such as the
amount of C&D waste disposed, volume of C&D activity, markets for C&D waste, and
other barriers encountered by applicants. If the City determines the C&D disposed had
the potential for diversion, then the City may amend these provisions and implement
the necessary measures to divert more C&D waste.
Section X.XX.160 Violations a Public Nuisance:
Each violation of the provisions of this chapter shall constitute a public nuisance and
be subject to abatement as such, pursuant to the provisions of Chapter X.XX.20 of this
Code. The costs of abatement of any such nuisance shall be a lien upon the property
involved.
Section X.XX.170 Penalties:
Each violation of the provisions of this chapter shall constitute a misdemeanor, and
shall be punishable by imprisonment in the county jail for not to exceed six (6) months; or
by fine not exceeding one thousand dollars ($1,000.00), or by both such fine and
imprisonment. Each day that a violation continues shall be deemed a new and separate
offense."
SECTION 3. Except as hereby amended, the City of Palm Desert Municipal Code
as amended shall be and remain in full force and effect.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance or the application thereof to any person or circumstances is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof nor other applications of the ordinance which
can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are declared to be severable.
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SECTION 5. This Ordinance shall be posted in at least three public places within
the City of Palm Desert
SECTION 6. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published once in the , a
newspaper of general circulation, printed, published and circulated within the City of Palm
Desert, County of Riverside California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Palm Desert, County of Riverside, California, on the day of
. 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY CLERK
CITY OF PALM DESERT
CITY ATTORNEY
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Many of the materials generated from your project can be recycled. Municipal Ordinance No.
requires that you identify the type and amount of materials that will be reused, recycled or disposed from
your project. The required goal is to reuse or recycle at least 50% of project waste.
Covered Proiects:
• All City/County-sponsored construction, demolition and renovation projects where work is being
performed under contract with the City/County.
• All commercial construction, demolition and renovation projects.
• Residential construction, demolition and renovation projects for development of ive or more units
Contractors for covered projects must follow the steps below:
Sten 1: BEFORE Issuance of Building or Demolition Permit
• Submit Construction and Demolition Waste Plan (Form 1 attached)
• Select and identify one or more recycling dealers for recyclable materials
• Identify amount of material (in tons or cubic yards) that will be recycled or reused — use receipts from
previous jobs for estimates
• Coordinate with the City's/County's franchise hauler and/or recycler(s) for assistance
• Provide the City/County with a Performance Security equal to 1 % of the permit valuation or $50,000,
which ever is lower, in a form of a check.
• PERMITS WILL NOT BE ISSUED UNTIL THE ATTACHED FORMS ARE SUBMITTED AND
APPROVED, AND THE PERFORMANCE SECURITY IS RECEIVED. SUBMIT THE
ATTACHED FORMS TO THE COMPLIANCE OFFICIAL.
Step 2: BEFORE Return of Performance Security Approval at Completion of Proiect
• Recycle 50% of the project waste.
• Demonstrate that the % recycling goal has been met on Form 2.
• Save receipts and/or documents of materials recycled and disposed during construction, demolition,
or remodeling.
• Submit receipts or reports from the City's/County's franchise hauler, recycler(s), and facilities used
for direct haul.
• PERFORMANCE SECURITY .WILL NOT BE RETURNED UNTIL DOCUMENTATION
HAS BEEN SUBMITTED AND APPROVED. SUBMIT DOCUMENTATION TO THE
COMPLIANCE OFFICIAL WITHIN 30 DAYS OF PROJECT COMPLETION.
Penaltv for Non -Compliance
% Diverted % Deposit Returned
If the 50% diversion goal is not met or complete 50% 100%
documentation is not submitted in a timely I 40-49% 80%
manner, the performance security will be returned I 30-39% 60%
according to the chart to the right. If the 50% goal I 20-29% 40%
can not be met, contractor must apply to the
Compliance Official for an exemption prior to C 1-19% 20%
& D Waste Plan approval. Under 10% 0`/0
See Attachments For:
• Construction and Demolition Waste Plan (Form 1, and at project completion Form 2, to be submitted to
the Compliance Official)
• Conversion Factors
• Construction and Demolition Waste: Guide to Reuse and Recycling, which includes a list of Regional
Recyclers
Questions?
Contact the Compliance Official
Department of
(760)
Submit to the Compliance Official
Department of
Many of the materials generated from your project can be recycled. Municipal Ordinance No. requires
you to identify the type and amount of materials that will be reused, recycled or disposed from your project.
The required goal is to reuse or recycle at least 50% of project waste.
Project Name:
Location (Address and Nearest Cross Street):
Building Type:
Square Footage or Number of Units:
Project Cost:
Type of Project: ❑ New Construction ❑ Demolition ❑ Tenant Improvement ❑ Other:
Type of Construction (wood frame, concrete, steel, etc.):
Applicant: Phone:
Company Name and Address:
Refuse Hauler: ❑ (City's/County's Franchise Hauler) ❑ Self -Haul
Names of Recycler(s) for the Project:
For Office Use Only: Department of, Plan Check Approval
❑ Required Project (All City/County-sponsored and commercial C&D and renovation projects,
residential C&D and renovation projects for developments of five or more units, Municipal Code
❑ Construction and Demolition Waste Plan Approved
❑ Performance Security Received (1 % of permit valuation, maximum $50,000)
Permit Valuation: 1% is: Security Amount:
❑ Exempt, reasons:
Signature: Date:
Submittal of Construction and Demolition Waste Plan (this form and table below) Before Issuance of
Permit
You are required to recycle or reuse 50% of the waste materials incurred on site. On the table below, use tons
or cubic yards to quantify the total estimated waste and percentages for materials. Ask your waste hauler,
recycling dealer(s) or site cleanup vendor to assist you with this plan. The building and safety department
will not issue your building or demolition permit until the Construction and Demolition Waste Plan
as been submitted and approved. Submit this form and attached table to the Complaincc Official.
Total Estimated Waste Generated b Project: ton`,
y � tons cubic- yards
(Ask Waste Management and your recycler(s) to assist you. Use receipts from your previous jobs for estimates)
Sample Material
Types
Appliances, stoves,
refrigerators, water
heaters, air conditioning,
lighting
Asphalt/Concrete, rock,
stone
Cardboard materials
Dirt and Green Waste
(trimmings, grass, leaves,
and palm fronds)
Drywall and Plaster
materials (drywall,
gypsum, sheetrock)
Brick/Masonry
Wood (all dimensional
lumber, fencing, and
construction wood that is
not chemically treated,
creosoted, pressure treated,
contaminated, or painted)
Metals
Salvageable materials and
structures (wallboard,
toilets, sinks, and bathtubs)
Doors, windows, cabinets,
fixtures
Roofing materials (wood
shingles as well as asphalt,
stone, concrete, and slate
based roofing material
Estimated
Estimated
_Estimated
Amount
Percentage
Percentage
Generated
Recycled
Disposed
Vendor or Facility
Other (painted or treated
Trash/ I
Non -Recyclable Material
idere
For demolition projects, was "deconstruction" or salvage consd aditional demolition?
as an option to tr
❑ Yes ❑ No
If "no", explain:
If you have considered certain materials not feasible to divert, please identify these materials and explain:
If you have determined you can not reach the 50% recycling 1: vel, please explain why:
Other Comments:
Prepared by: Date:
Signature:
Documentation of Actual Disposal, Recycling and Reuse of Materials Generated by the Project - Attach a copy
of each waste ticket received and list each ticket below:
Vendor or Facility Tons On Weight Disposed Recycled/ Material Type (see list below)
Ticket Reused
* Examples of material types: trash, asphalt, brick/masonry, concrete, dirt, green waste; metals, wood,
drywall, painted or treated wood, and items such as doors, windows, cabinets and fixtures.
Complete the following calculations based on the above weight tickets:
1. Total tons recycled:
2. Total tons disposed:
3. Sum of tons disposed and recycled:
4. Diversion rate (Line # 1 /Line #3):
Prepared by:
Signature:
Date:
Submittal of Documentation Before Return of Performance Security (Documentation Must
Demonstrate that 50% of the Materials were Recycled or Reused)
Documentation including receipts of all recycling and disposal or a report from the recycling dealer and
refuse hauler identifying amount of waste recycled and disposed must be submitted within 30 days after
project completion. The performance security will not be returned until documentation has been
submitted and approved. Submit documentation to the Compliance Official.
For Office Use Only: Department of , Final Approval
❑ Approved
Percent of Deposit to be Returned
Original Deposit Amount
Amount to be Returned
❑ Denied
❑ Further Information Required:
Signature: Date:
Material
Pounds/Cubic Yard
Tons/Cubic Yard
Cubic Yard/ton
Cardboard
100 pounds/cubic yard
0.05 tons/cubic yard
20 cubic yard/ton
Concrete/Asphalt
4,000 pounds/cubic yard
2.0 tons/cubic yard I
0.5 cubic yard/ton
Concrete
3,000 pounds/cubic yard
1.5 tons/cubic yard
.67 cubic yards/ton
Drywall
500 pounds/cubic yard
0.25 tons7cubic yard
4 cubic yard/ton
Mixed
350 pounds/cubic yard
0.175 tons/cubic yard
5.7 cubic yard/ton
Construction Waste
Wood
300 pounds/cubic yard
0.15 tons/cubic yard
6.7 cubic yard/ton
Source: Resource Efficient Building (1994), Metro Solid Waste Department, Portland, Oregon
Dan Copp Crushing, Inc. (2000)
Use the above conversion factors and receipts from previous projects to help you estimate the potential
amount of recyclable materials and waste from your project. Again, your hauler or recycler may assist you
in estimating these numbers.