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Home My Public Portal AboutOrd. 1509Ordinance No. 1509 AN ORDINANCE OF THE CITY OF LYNWOOD ADDING A NEW CHAPTER 6.9 TO THE LYNWOOD MUNICIPAL CODE AND RELATING TO RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS WHEREAS, the City of Lynwood ( "City ") is a general law city in the State of California; and WHEREAS, the City is committed to protecting the public health, safety, welfare and environment; and WHEREAS, in order to meet these goals it is necessary that the City promote the reduction of solid waste and reduce the stream of solid waste going to landfills; and WHEREAS, pursuant to the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), the City is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals; and WHEREAS, the California Waste Management Act also requires the City to substantially reduce volume of waste materials going to landfill, under the threat of penalties of $10,000 per day; and WHEREAS, debris from demolition and construction of buildings represents a large portion of the volume presently coming from the City; and WHEREAS, debris from city projects represents a large portion of volume presently coming from the city; and WHEREAS, much of said debris is particularly suitable for recycling; and yJ[_1 � ♦rte. , r, • . —, ^ _ rr t t acic t S, Liie City commiti—nent to ie recluc Liun of wade and to compilance j with state law requires the establishment of programs for recycling and salvaging construction and demolition materials.- and WHEREAS, the City recognizes that requiring demolition and construction debris 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; NOW, THEREFORE, the City Council of the City of Lynwood, California, does hereby ordain as follows: Section 1. A new Chapter 6.9 is hereby added to the Lynwood Municipal Code, to read as follows: Chapter 6.9 Recycling and Diversion of Debris from Construction and Demolition 6.9.1 Definitions a. %L 1 �neaii� an iiiiiiviuuai, contiactoi, .iitit, tiiiiite tiabiiity compaiiy, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City of Lynwood for the applicable permits to undertake any construction, demolition, or renovation project within the City of Lynwood. b. "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. c. "Construction and Demolition Debris" means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. d. "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Article for use in estimating the volume or weight of materials identified in a Construction and Demolition Waste Reduction and Recycling Plan. e. "Covered Project" shall have the meaning set forth in Section 9.6.2 of this Article. f. "Demolition" means 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. g. "D; :Vert" means to use material for any purpose other than disposal i11 a landfill. Diversion credit is given for source reduction (waste reduction), recycling, and composting. h. "Diversion Requirement" means the diversion of at least fifty (50) percent of the total Construction and Demolition Debris generated by a Project via reduction (source reduction), reuse or recycling, unless the Applicant has been granted an Infeasibility Exemption, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the City of Lynwood Department of Environmental Services. i. "Noncovered Project" shall have the meaning set forth in Section 9.6.2 of this Article. j. "Project" means any activity which requires an application for a building or demolition permit or any similar permit from the City of Lynwood. k. "Recycling" means 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 rer ortetitut -- products which meet the quality standards necessary to be used in the marketplace. 1. "Renovation" means any change, addition, or modification in an existing structure. m. "Reuse" means further or repeated use of Construction or Demolition Debris. An example is the reuse of crushed concrete as road base or as aggregrate on the construction site. n. "Salvage" means the controlled removal of Construction or Demolition Debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. o. "Construction and Demolition Waste Management Plan" means a completed form, approved by the City of Lynwood for the purpose of compliance with this Article, submitted by the Applicant/Contractor for any Covered or Noncovered Project that indicates the estimated diversion that the Applicant /Contractor anticipates in diverting from disposal, as part of the permit/application process. p. "Construction and Demolition Waste Management Report" means a completed I approved by the City of Lynwood for the purpose of compliance with this Article, submitted by the Applicant /Contractor for any Covered or Noncovered Project that documents the disposal and diversion tonnages and destinations. q. "City's recycling staff' means Senior Building Inspector in the Building and Safety Division and Civil Engineering Associate in the Engineering Division. 9.6.2 Covered and Non - Covered Projects 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 ( "Covered Projects ") shall comply with this Article. b. Noncovered Projects: Applicants for construction, demolition, and renovation projects within the City whose total costs are less than $50,000. "Noncovered 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 or public works permit issued for a Covered Project. 6.9.3 Infeasibility Exemption a. Application: If an Applicant /Contractor for a Covered Project experiences 1 unique circumstances that the Applicant /Contractor 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 Construction and Demolition Waste Reduction and Pc_t,c.i; -," Plan. The Applicant/Contractor shall indicate on the Construction and Demolition Waste Reduction and Recycling Plan 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. b. The City's recycling staff shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Applicant/Contractor, the City of Lynwood's recycling staff shall determine whether it is possible for the Applicant /Contractor to meet the Diversion Requirement. c. The City's recycling staff 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 Construction and Demolition Waste Reduction and Recycling Plan submitted by the Applicant. The City's recycling staff shall return a copy of the Construction and Demolition Waste Reduction and Recycling Plan to the Applicant marked "Approved for Infeasible Exemption ". d. Denial of Exemption: If the City's recycling staff determines that it is possible for the Applicant to meet the Diversion Requirement, he or she shall so inform the Applicant /Contractor in writing. The Applicant /Contractor shall resubmit a Construction and Demolition Waste Reduction and Recycling Plan. If the Applicant /Contractor fails to resubmit the Construction and Demolition Waste Reduction and Recycling Plan, or if the resubmitted Construction and Demolition Waste Reduction and Recycling Plan does not comply with the requirements of the plan, the City's recycling staff shall deny the Construction and Demolition Waste Reduction and Recycling Plan. 6.9.4 Diversion Measurement The methodology used to calculate diversion is based on the Title 14, California Code of Regulations, Article 6.1 Solid Waste Generation Study, Section 18722 et seq. and is consistent with California Integrated Waste Management Board measurement protocols. The following equation defines the "Generation -Based Diversion Quantification Methodology ": Generation = Disposal + Diversion Diversion Rate ( %) _ Diversion Tons_ Generation Tons 6.9.5 Recycling Fee Requirement Upon approval of the Construction and Demolition Waste Reduction and Recycling Plan, and before commencement of any physical activities, the Applicant /Contractor shall deposit the following amounts with the City's Recycling staff. Value of Job Recycling Fee Requirement $50,000 to $99.999 3.0% $100,000 to $249,999 2.5% $250,000 to $499,999 2.0% $500,000 to $999,999 1.5% $1,000,000+ 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/Contractor 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 2. Except as hereby amended, said Lynwood Municipal Code as amended shall be and remain in full force and effect. Section 3. 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. Section 4. This Ordinance shall be posted in at least three public places within the City of Lynwood and shall be effective from and after thirty (30) days following its adoption. PASSED, APPROVED and ADOPTED this day o e 2001. 1 Octet er, 2001. ATTEST: PAULIT. RICHARDS, II, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk RA H W. S III, City Manager City of Lynwood City of Lynwood APPROVED AS TO FORM: zaa4w� S AN K. TH ER, City Attorney City of Lynwood APPROVED AS TO CONTENT: i �rfi��r . 50", , • f • i STATE OF CALIFORNIA } )SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the Foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of September, 2001. AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSENT: NONE ABSTAIN: NONE r ANDREA •O. CLERK STATE OF CALIFORNIA } SS. COUNTY OF LOS ANGELES } 1, the undersigned, City Clerk of the City of I ynwocd, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 1509 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18" day of September, 2001. 16th October, 2001. ANDREA L. HOOPER, CITY CL RK r�