HomeMy Public PortalAboutOrd. 1549ORDINANCE I r,49_
AN 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 CONSTRUCTION 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 cct,?,ply with the AB939 requirement s.
WHEREAS, said work plan requires City to amend Section 9 -6 of the Lynwood
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.
Projects over $100,000 in value involving construction, remodeling or demolition, must
submit a "Construction and Demolition Waste Reduction and Recycling Plan" to City
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 approval for a permit.
• "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 $100,000
( "Covered Projects ") shall comply with this Article.
b. Non - Covered Projects: Applicants for construction, demolition, and
renovation projects within the City whose total costs are less than $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.
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 City franchise solid waste and
recycling service provider debris hauling requirements. All applicants shall utilize debris
hauling 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 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 Recycling
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 Ordinance setting regulations relating to recycling and diversion of debris
from construction and demolition projects.
First read at a regular meeting of the City Council held on the 20th?Iday
of Apra 1 and adopted and ordered published at a regular
meeting of said Council held on the I_ day of June
PASSED, APPROVED and ADOPTED on the 1st day of ;111np , 2004
AyTTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
r
fA- RNOLDO BELTRAN
(City Attorney, City of Lynwood
P
LOUIS BYRD, Mayor
Cit of Lynwood
Y HE PE, City Manager
APPROVED AS TO CONTENT:
YADOLLAH FARHADI, P.E.
Director of Environmental Services/
City Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §:
CITY OF LYNWOOD )
I, ANDREA L. HOOPER, City Clerk of the City of Lynwood, California,
do hereby certify that the above and foregoing ordinance was duly adopted, passed and
approved by the City Council of the City of Lynwood, California, at a regular meeting
held in the City Hall of said City on the 1st day of June , 2004 and
passed by the following vote:
AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
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 -full, true and
correct copy of Ordinance No.
1549
on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this 1st day of June , 2004
City Clerk, City of Lynwood