HomeMy WebLinkAboutOrdinance 497 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 497, adopted by the
Atascadero City Council at a regular meeting thereof held on September 12, 2006, and that it has
been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson,C.M.
City Clerk
City of Atascadero, California
ORDINANCE NO. 497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, ADDING CHAPTER 13 TO TITLE 8 OF THE CITY OF
ATASCADERO'S MUNICIPAL CODE REQUIRING A MANDATORY
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING PROGRAM.
The City Council hereby finds and declares as follows:
WHEREAS, AB 939 (California Integrated Waste Management Act) requires that each
local jurisdiction in the State divert 50% of discarded materials (base year 1990, state
methodology) from landfills by December 31, 2000; and
WHEREAS, every city and county in California could face fines up to $10,000 a day for
not meeting the above mandated goal; and
WHEREAS, reusing and recycling Construction and Demolition (C&D) debris is
essential to further the City's efforts to reduce waste and comply with AB 939 goals; and
WHEREAS, it is feasible to divert an average of at least fifty (50) percent of all C&D
�.. debris from construction, demolition, and renovation projects, except in unusual circumstances;
and
WHEREAS, to ensure compliance with this Article and to ensure that those contractors
that comply with this Article are not placed at a competitive disadvantage, it is necessary to
impose a civil penalty for noncompliance of this Article.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
Title 8 of the Atascadero Municipal Code is amended to add Chapter 13 as follows:
Sections:
8-13.101 DEFINITIONS
8-13.102 THRESHOLD FOR COVERED PROJECTS
8-13.103 SUBMISSION OF RECYCLING PLAN
8-13.104 REVIEW OF RECYCLING PLAN
8-13.105 COMPLIANCE WITH RECYCLING PLAN
8-13.106 INFEASIBLE EXEMPTION
8-13.107 APPEALS
8-13.108 CIVIL PENALTIES
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Ordinance No.497
Page 2 of 8
8-13.101 DEFINITIONS
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(a) "Applicant" means 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, unless otherwise
specifically exempted by law.
(b) "Compliance Official" means the Chief Building Official or his/her designee.
(c) "Construction" means the building of any structure or any portion thereof including any
tenant improvements to an existing facility or structure.
(d) "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.
(e) "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 RECYCLING PLAN.
wow (f) "Covered Project" shall have the meaning set forth in 8-13.102 (A) of this Article.
(g) "Deconstruction" means the systematic removal of usage items from a structure.
(h) "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.
(i) "Divert" means to use material for any purpose other than disposal in a landfill.
(j) "Diversion Requirement" means the diversion of at least fifty (50) percent by weight of
the total Construction and Demolition Debris generated by a Project via reuse or recycling, unless
the Applicant has been granted an Infeasible Exemption pursuant to 8-13.106 of this Ordinance,
in which case the Diversion Requirement shall be the maximum feasible diversion rate
established by the RECYCLING PLAN Compliance Official for the Project.
(k) "Non-covered Project" shall have the meaning set forth in 8-13.102 (C) of this Article.
(1) "Project" means any activity which requires an application for a building or demolition
permit or any similar permit from the City.
(m) "Renovation" means any change, addition, or modification in an existing structure.
aw
(n) "Reuse" means further or repeated use of Construction or Demolition Debris.
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Ordinance No.497
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(o) "Salvage" means the controlled removal of Construction or Demolition Debris from a
am permitted building or demolition site for the purpose of recycling, reuse or storage for later
recycling or reuse.
(p) "RECYCLING PLAN" means a completed RECYCLING PLAN form, approved by the
City for the purpose of compliance with this Article, submitted by the Applicant for any Covered
or Non-covered Project.
8-13.102 THRESHOLD FOR COVERED PROJECTS
(a) Covered Projects: All construction and renovation projects within the City, the
valuation of which are, or are projected to be, greater than or equal to $100,000.00 (`Covered
Projects'), shall comply with this Ordinance. The cost of the project shall be the valuation
ascribed to the project by the Building Official. In addition, all demolition projects having a total
footage of more than 1,000 square feet shall be a Covered Project. Failure to comply with any of
the terms of this Ordinance shall subject the Project Applicant to the full range of enforcement
mechanisms set forth in 8-13.105 (c) (3) and 8-13.106 below.
(b) City-Sponsored Projects: All City-sponsored construction and renovation projects
within the City, the costs of which are, or are projected to be, greater than or equal to
$100,000.00 (`Covered Projects') shall comply with the ordinance. The cost of the project shall
be the valuation attributed to the permit issued by the Building Official. In addition, all
demolition projects having a total square footage of more than 1,000 shall be a Covered Project.
.r. These City-sponsored Covered Projects shall submit a RECYCLING PLAN to the Compliance
Official prior to beginning any construction or demolition activities and shall be subject to all
applicable provisions of Ordinance with the exception of 8-13.105 (c) (3).
(c) Non-covered Projects: Applicants for construction, demolition, and renovation projects
within the City whose permit valuations are less than $100,000.00 (`Non-covered Projects') shall
be encouraged to divert at least fifty (50) percent of all project-related construction and
demolition debris.
(d) Compliance as a Condition of Approval: Compliance with the provisions of this
Ordinance shall be listed as a condition of approval on any building or demolition permit issued
for a Covered Project.
8-13.103 SUBMISSION OF RECYCLING PLAN
(a) Recycling Plan Forms: Applicants for building or demolition permits involving any
Covered Project shall complete and submit a RECYCLING PLAN on a RECYCLING PLAN
form approved by the City for this purpose as part of the application packet for the building or
demolition permit. The completed RECYCLING PLAN shall indicate all of the following:
r..r (1) The estimated volume or weight of project Construction and Demolition debris, by
materials type, to be generated;
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Ordinance No.497
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(2) The maximum volume or weight of such materials that can feasibly be diverted via reuse
Wr or recycling;
(3) The vendor or facility that the Applicant proposes to use to collect or receive that
material; and
(4) The estimated volume or weight of Construction and Demolition debris that will be
landfilled.
(b) Calculating Volume and Weight of Debris: In estimating the volume or weight of
materials identified in the RECYCLING PLAN, the Applicant shall use the standardized
Conversion Rates approved by the City for this purpose.
(c) Deconstruction: In preparing the RECYCLING PLAN, applicants for building or
demolition permits involving the removal of all or part of an existing structure shall deconstruct,
to the maximum extent feasible, and shall make the materials generated thereby available for
salvage.
8-13.104 REVIEW OF RECYCLING PLAN
(a) Approval: Notwithstanding any other provision of this Code, no building or demolition
permit shall be issued for any Covered Project unless and until the RECYCLING PLAN
Compliance Official has approved the RECYCLING PLAN. Approval shall not be required,
however, where an emergency demolition is required to protect the public health, welfare or
safety as determined by the Chief Building Official. The RECYCLING PLAN compliance
Official shall only approve a RECYCLING PLAN if he or she first determines that all of the
following conditions have been met:
(1) The RECYCLING PLAN provides all of the information set forth in 8-13.103 (a) of this
Ordinance; and
(2) The RECYCLING PLAN indicates that at least fifty (50) percent by weight of all
Construction and Demolition debris generated by the Project will be diverted.
(3) If the RECYCLING PLAN Compliance Official determines that these conditions have
been met, he or she shall mark the RECYCLING PLAN `Approved', return a copy of the
RECYCLING PLAN to the Applicant, and notify the Building Department that the
RECYCLING PLAN has been approved.
(b) Non-approval: If the RECYCLING PLAN Compliance Official determines that the
RECYCLING PLAN is incomplete or fails to indicate that at least fifty(50) percent by weight of
all Construction and Demolition debris generated by the Project will be reused or recycled, he or
she shall either:
(1) Return the RECYCLING PLAN to the Applicant marked `Denied', including a statement
of reasons, and so notify the Building Department; or
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Ordinance No.497
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(2) Return the RECYCLING PLAN to the Applicant marked `Further Explanation Required'.
8-13.105 COMPLIANCE WITH RECYCLING PLAN
(a) Documentation: Prior to receiving a Certificate of Occupancy for the project, the
Applicant shall submit to the RECYCLING PLAN Compliance Official documentation that the
Diversion Requirement for the Project has been met. The Diversion Requirement shall be that the
Applicant has diverted at least fifty (50) percent of the total Construction and Demolition debris
generated by the Project via reuse or recycling, unless the Applicant has been granted an
Infeasible Exemption pursuant to 8-13.106 of this Ordinance, in which case the Diversion
Requirement shall be the maximum feasible diversion rate established by the RECYCLING
PLAN Compliance Official for the Project. This documentation shall include all of the
following:
(1) Receipts from the vendor or facility which collected or received each material showing
the actual weight or volume of that material;
(2) A copy of the previously approved RECYCLING PLAN for the Project adding the actual
volume or weight of each material diverted and landfilled;
(3) Any additional information the Applicant believes is relevant to determining its efforts to
... comply in good faith with this Ordinance.
(b) Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all
Construction and Demolition debris diverted or landfilled are measured and recorded using the
most accurate method of measurement available. To the extent practical, all Construction and
Demolition debris shall be weighed by measurement on scales. Such scales shall be in
compliance with all regulatory requirements for accuracy and maintenance. For Construction and
Demolition debris 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.
(c) Determination of Compliance: The RECYCLING PLAN Compliance Official shall
review the information submitted under 8-13.105 (a) and determine whether the Applicant has
complied with the Diversion Requirement, as follows:
(1) Full Compliance: If the RECYCLING PLAN Compliance Official determines that the
Applicant has fully complied with the Diversion Requirements applicable to the Project, he or
she shall approve the RECYCLING PLAN and inform the Building Division that a Certificate of
Occupancy can be issued.
(2) Substantial Compliance: If the RECYCLING PLAN Compliance Official determines that
the Diversion Requirement has not been achieved, he or she shall determine on a case-by-case
basis whether the Applicant has made a good faith effort and is in substantial compliance with
this Ordinance. In making this determination, the RECYCLING PLAN Compliance Official shall
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Ordinance No.497
Page 6 of 8
consider the availability of markets for the Construction and Demolition debris landfilled, the
.. size of the Project, and the documented efforts of the Applicant to divert Construction and
Demolition debris. If the RECYCLING PLAN Compliance Official determines that the
Applicant has made a good faith effort to comply with this Ordinance and is in substantial
compliance, he or she shall approve the RECYCLING PLAN and inform the Building Division
that a Certificate of Occupancy can be issued.
(3) Noncompliance: If the RECYCLING PLAN Compliance Official determines that the
Applicant is not in substantial compliance with this ordinance, or if the Applicant fails to submit
the documentation required by 8-13.105 (a), then the applicant shall pay a civil penalty as
prescribed in 8-13.108.
(d) Falsification of Records: If the Applicant deliberately provides false or misleading data
to the City in violation of this Ordinance, the Applicant may be subject to penalties in addition to
those specified in 8-13.108. In any civil enforcement action, administrative or judicial, the City
shall be entitled to recover its attorneys' fees and costs from an Applicant who is determined by a
court of competent jurisdiction to have violated this Ordinance.
(e) Final Approval: All conditions of this Ordinance shall be met prior to final approval by
the Building Division.
8-13.106 INFEASIBLE EXEMPTION
(a) 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 RECYCLING
PLAN required under 8-13.103 (a) of this Ordinance. The Applicant shall indicate on the
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) Meeting with Recycling Plan Compliance Official: The RECYCLING PLAN
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. The
RECYCLING PLAN Compliance Official may request that staff from the San Luis Obispo
County Integrated Waste Management Authority or designee attend this meeting or may require
the Applicant to request a separate meeting with San Luis Obispo County Integrated Waste
Management Authority staff. Based on the information supplied by the Applicant and, if
applicable, San Luis Obispo County Integrated Waste Management Authority staff or designee,
the RECYCLING PLAN Compliance Official shall determine whether it is possible for the
Applicant to meet the Diversion Requirement.
(c) Granting of Exemption: If the RECYCLING PLAN 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 RECYCLING PLAN submitted by the Applicant. The
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Ordinance No.497
Page 7 of 8
RECYCLING PLAN Compliance Official shall return a copy of the RECYCLING PLAN to the
Applicant marked `Approved for Infeasible Exemption' and shall notify the Building Division
�.. that the RECYCLING PLAN has been approved.
(d) Denial of Exemption: If the RECYCLING PLAN 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 have 30 days to resubmit a RECYCLING PLAN form
in full compliance with 8-13.103 (a) of this Ordinance. If the Applicant fails to resubmit the
RECYCLING PLAN, or if the resubmitted RECYCLING PLAN does not comply with 8-13.103
(a) of this Ordinance, the RECYCLING PLAN Compliance Official shall deny the RECYCLING
PLAN in accordance with 8-13.104 (b) of this Ordinance.
8-13.107 APPEALS
(a) Contents of Appeals: An appeal of the Recycling Plan Compliance Official decision
may be made to the Community Development Director in writing not longer than ten (10) days
after the Compliance Official's decision. The decision of the Utilities Director shall be final. The
appellant must specifically state in the notice of appeal:
(1) The name and address of the appellant and appellant's interest in the decision;
(2) The nature of the decision appealed from and/or the conditions appealed from;
(3) A clear, complete, but brief statement of the reasons why, in the opinion of the appellant,
the decision or the conditions imposed were unjustified or inappropriate; and
(4) The specific facts of the matter in sufficient detail to notify the City. The appeal shall not
be stated in generalities.
(b) Acceptance of Appeal: An appeal shall not be accepted by the Community
Development Director unless it is complete.
8-13.108 CIVIL PENALTIES
(a) Civil Penalty: If the RECYCLING PLAN Compliance Official, or on upon appeal, the
Community Development Director determines that an Applicant is in noncompliance as
described in 8-13.105 (C) (3), the Applicant shall pay a civil penalty in the amount calculated as
two (2) percent of the total Project valuation. Until the civil penalty is paid, a Certificate of
Occupancy may be withheld by the Building Division.
(b) Enforcement: The City Attorney is authorized to bring a civil action in any court of
competent jurisdiction to recover such civil penalties for the City of Atascadero.
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Ordinance No.497
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SECTION 2. SEVERABILITY
If any subdivision, paragraph, sentence, clause, or phrase of the this ordinance is, for any reason,
held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforcement of the remaining portions of this
ordinance, or any other provisions of the City's rules and regulations. It is the City's express
intent that each remaining portion would have been adopted irrespective of the fact that any one
or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published at least five days prior to its final passage in the Atascadero
News, a newspaper published and circulated in the City of Atascadero, and; before the expiration
of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and
circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in
the City Clerk's office on and after the date following introduction and passage and shall be
available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on August 8, 2006, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on September
12, 2006, by the following roll call vote:
AYES: Council Members Clay, Pacas and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: Council Member Luna
One Vacancy
ATTEST: CI�Y OF ATASCADERO
Marcia McClure Torgerson, C.M. Tom O'Malley, Ma or
City Clerk
APPROVED AS TO FORM:
j
,��, Patrick L. EnrigHt, City Attorney