HomeMy Public PortalAboutOrd. 1547� t
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ORDINANCE 1547
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD AMENDING SECTION 9 -6 OF THE
LYNWOOD MUNICIPAL CODE RELATING TO RECYCLING
AND DIVERSION OF DEBRIS FROM CONS'T'RUCTION AND
DEMOLITION
WHEREAS, on October 21, 2003, the City of Lynwood adopted a work plan
required by the California Integrated Waste Management Board (CIWMB) because of its
inability to comply with the AB939 requirements.
WHERIELAS, said work plain requires City to anneind Section 9 -6 o ne Lyinwood
Municipal Code relating to the recycling and diversion of debris from construction and
demolition projects by March 31, 2004; and
WHEREAS, said amendments are necessary to reduce undue burden of debris
recycling requirements on small residential and commercial construction projects, and the
tracking efforts on city staff; and
WHEREAS, said amendments are also needed to require developers to use the
city- approved exclusive trash hauler for trash disposal and recycling purposes and to
allow City the option to modify the Ordinance as needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD HEREBY DOES ORDAIN AS FOLLOW:
Section 1: That Section 9 -6.2 is amended to read as follows:
9 -6.2 Covered and Non - Covered Projects.
Protects over $100.000 in value involving construction, remodeling or demolition must
submit a "Construction and Demolition Waste Reduction and Recyclin4 Plan" to Citv
staff for review and approval with permit application.
After the Waste Reduction and Recycling Plan has been reviewed by City staff , the plan
will either be returned in one of the following four (4) status conditions:
• "Approved"
• "Further Explanations Needed." City staff will return plan to contractor with
questions about applicant's plan. Applicant must resubmit plan with each of the
City's questions answered thoroughly.
• "Denied" This will stop the he approval for a ep rmit.
• "Exempted Due to Infeasibility"
Applicant /Contractors will be expected to follow the plan and document results during
construction. "Construction and Demolition Waste Reduction and Recycling Report"
form will be submitted at the end of the project to City staff, for review of compliance
with the plan.
a. Covered Projects: All construction, demolition, and renovation projects in which
the total costs are, or are projected to be, greater than or equal to $50,000 $100,000
( "Covered Projects ") shall comply with this Artiele. _
b. Non - Covered Projects: Applicants for construction, demolition, and renovation
projects within the City whose total costs are less than $50,000 $100,000. "Non -
Covered Projects" shall be encouraged to divert at least fifty (50) percent of all project -
related construction and demolition debris.
C. Compliance as a Condition of Approval to Proceed: Compliance with the
provisions of this Article shall be listed as a condition of approval to proceed for any
building or demolition permit issued for a Covered Project.
d. Government Projects: All City- sponsored or public construction, demolition, and
renovation projects in which the total costs are, or are projected to be, greater than or
equal to $100,000 shall be considered "Covered Projects" for the purposes of this Article.
e. Gradual Threshold Schedule: During the first six months the ordinance is in
effect, all new applicants for residential and commercial "Covered Projects" shall comply
on a gradual voluntary basis (no fee requirements), after which compliance shall be
mandatory for new applicants. All new applicants for government "Covered Projects"
shall comply on a mandatory basis from the first day the ordinance is in effect.
Threshold schedules may be effected by City Department budget and staffing
requirements for ordinance implementation and enforcement.
Section 2: That Section 9 -6.5 be amended to read as follows:
9 -6.5 Recycling Fee Requirement
Upon approval of the Construction and Demolition Waste Reduction and Recycling Plan,
and before commencement of any physical on -site activities, the applicant shall deposit
the following amounts with City of Lynwood staff.
EM LAOXACTOMOMI: MOM 41616
MI �aI S•A
Value of Job
Recycling Fee Requirement
$100,000 to $499,999
2.0%
$500,000+
1.0%
After completion of the job and submission of the "Construction and Demolition Waste
Recycling and Disposal Report Form ", the "Recycling Fee" will be refunded in
proportion to the amount of materials diverted through waste reduction and recycling.
The calculation for determining the amount of the recycling fee to be refunded to the
applicant is based on the following formula:
Amount of Refund = (Diversion Rate on Report Form) x (Recycling Fee Paid)
50%
The refund is not to exceed the amount of the recycling fee paid. The City of Lynwood
Department of Environmental Services can make a determination that the minimum
diversion rate can be raised at a later date as waste reduction and recycling infrastructure
is expanded. The formula will be adjusted accordingly.
Section 3: That Section 9 -6.6 be added to read as follows:
9 -6.6 Debris Hauling Requirements
All "Covered and Non - Covered Projects" are subject to Citv franchise solid waste and
recycling service provider debris hauling requirements. All applicants shall utilize debris
hauliny- services provided by City franchise hauler for non - separated recyclables and
disposal. Franchise hauler shall collect non - separated C &D recyclables for a floor sort at
permitted facility in order to maximize construction and demolition debris diversion. The
franchise service provider shall provide the disposal and recycling tonnage onnage information to
the applicant for submission to City staff.
City staff shall provide contact name of franchise solid waste and recycling service
provider to applicants during the permit application period. Clean source - separated
recyclable C &D debris materials may be collected by franchise hauler, or any recycler in
the market for such material (e.g., clean asphalt concrete lumber, etc). City staff shall
provide applicants with list of recycling service providers for clean source - separated
debris materials. Recycling and disposal bins or debris boxes are required to be placed at
the construction and /or demolition job site before work can commence
Section 4: That Section 9 -6.7 be added to read as follows:
9 -6.7 Option to Revise
Beginning one year after the ordinance is in effect City staff will evaluate the Rec, clin •
and Diversion of Construction and Demolition (C &D) Debris Ordinance to determine its
effectiveness in reducing the amount of C &D debris landfilled In this determination
City staff will consider issues such as the amount of C &D debris landfilled volume of
C &D activity, markets for C &D debris materials and other barriers encountered by
applicants. If City staff determines the C &D landfilled had the potential for diversion
then the City may amend these provisions and implement the necessary measures to_
increase diversion of C &D debris. These amendments may be established by resolutions
Section 5: The City Council of the City of Lynwood hereby adopts
this Urgency Ordinance as an Interim Ordinance and directs staff to prepare an
ordinance that will adopt permanent regulations relating to recycling and
diversion of debris from construction and demolition.
First read at a regular meeting of the City Council held on the 17th day
of March and adopted and ordered published at a regular
meeting of said Council held on the 17th day of March
PASSED, APPROVED and ADOPTED on the 17th day of March , 2004
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
OLDO BELTRAN
City Attorney, City of Lynwood
LOUIS BYRD, Mayor
City of Lynwood
RRYIHENRE, City Manager
APPROVED AS TO CONTENT:
YADOLLAH FARHADI, P.E.
Director of Environmental Services/
City Engineer
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing Ordinance was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the 17th day of March.
AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Aae", '/. -
9
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correction copy of Ordinance No. 1547 on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this 17th day of March, 2004.
Andrea L. Hooper, City Clerk