CHAPTER 7.60
CONSTRUCTION AND DEMOLITION MATERIAL
MATERIAL WASTE MANAGEMENT PLAN
SECTION 7.60.010 DEFINITIONS
For the purposes of this Chapter,
the following definitions
shall apply:
(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.
(b) "Class III Landfill" A landfill
means a that accepts non-hazardous
resources such as household,
commercial, and industrial waste,
resulting from construction,
remodeling, repair, and demolition
operations. A Class III landfill
must have a solid waste facilities
permit from the California
Integrated Waste Management Board (CIWMB)
and is regulated by an Enforcement
Agency (EA).
(c) "Construction" means the building
of any facility or structure or any
portion thereof including any tenant
improvements to an existing facility
or structure.
(d) "Construction and Demolition
Material" (C&D Material) means
building materials and solid waste
resulting from construction,
remodeling, repair, cleanup, or
demolition operations that are not
hazardous as defined in California
Code of Regulations, Title 22
Section 66261.3 et seq.
This term includes, but is not
limited to, asphalt, concrete,
Portland cement concrete, brick,
lumber, gypsum wallboard, cardboard,
and other associated packaging,
roofing material, ceramic tile,
carpeting, plastic pipe and steel.
The material may be commingled with
rock, soil, tree stumps, and other
vegetative matter resulting from
land clearing and landscaping for
construction or land development
projects.
(e) "C&D Recycling Center" means a
facility that receives only C&D
material that has been separated for
reuse prior to receipt, in which the
residual (disposed) amount of waste
in the material is less than 10% of
the average weight of material
separated for reuse received by the
facility over a one month period.
(f) "City-sponsored project" means a
project constructed by the City or a
project receiving 50% or more of its
financing from the City.
(g) "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 the Waste
Management Plan.
(h) "Covered Project" shall have the
meaning set forth in Section
7.60.020.
(i) "Deconstruction" means the
careful dismantling of buildings and
structures in order to salvage as
much material as possible.
(j) "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.
(k) "Disposal" means the final
deposition of construction and
demolition or inert material,
including but not limited to:
(1) stockpiling onto land of
construction and demolition material
that has not been sorted for further
processing or resale, if such
stockpiling is for a period of time
greater than 30 days, or
(2) stockpiling onto land of
construction and demolition material
that has been sorted for further
processing or resale, if such
stockpiling is for a period of time
greater than one year,
or (3) stockpiling onto land of inert
material that is for a period of
time greater than one year, or (4)
disposal of construction and
demolition or inert material to a
landfill.
(l) "Divert" means to use material
for any purpose other than disposal
in a landfill or transformation
facility.
(m) "Diversion Requirement" means the
diversion of at least sixty (60)
percent of the total Construction
and Demolition Material generated by
a Project via reuse or recycling,
unless the Applicant has been
granted an Exemption pursuant to
Section 7.60.070, in which case the
Diversion Requirement shall be the
maximum feasible diversion rate
established by the Waste Management
Plan Compliance Official in relation
to the project.
(n) "Enforcement Agency (EA)" means
an enforcement agency as defined in
Public Resources Code 40130.
(o) "Inert Backfill Site" means any
location other than an inert
landfill or other disposal facility
to which inert materials are taken
for the purpose of filling an
excavation, shoring, or other soils
engineering operation.
(p) "Inert Disposal Facility/Inert
Waste Landfill" means a disposal
facility that accepts only inert
waste such as soil and rock, fully
cured asphalt paving, uncontaminated
concrete (including fiberglass or
steel reinforcing rods embedded in
the concrete), brick, glass, and
ceramics, for land disposal,
(q) "Inert Solids/Inert Waste" means
non-liquid solid resources
including, but not limited to, soil
and concrete, that do not contain
hazardous waste or soluble
pollutants at concentrations in
excess of water quality objectives
established by a regional Water
Board pursuant to Division 7
(Section 13000 et seq.)
of the California Water Code and
does not contain significant
quantities of decomposable solid
resources.
(r) "Mixed Material" means loads that
include commingled recyclables and
non-recyclable materials generated
at the project site.
(s) "Mixed Material Recycling
Facility" means a processing
facility that accepts loads of mixed
construction and demolition debris
for the purpose of recovering
re-usable and recyclable materials
and disposing the non-recyclable
residual materials
(t) "Performance Security" means any
performance bond, surety bond, money
order, letter of credit, certificate
of deposit, or restricted bank
account, provided to the City
pursuant to Section 7.60.040.
(u) "Post-Consumer Material" as
defined in Public Contract Code
Section 12200(b) means "a finished
material which would have been
disposed of as a solid waste, having
completed its life cycle as a
consumer item, and does not include
manufacturing wastes." Post-Consumer
Material is generally any product
that was bought by the consumer,
used, and then recycled into another
product.
(v) "Project" means any activity
which requires an application for a
building or demolition permit or any
similar permit from the City.
(w) "Recycled Product" as defined in
Public Contract Code Section
12200(a) means "all materials,
goods, and supplies with no less
than 50 percent of the total weight
of which consists of secondary and
Post-Consumer Material with not less
than 10 percent of its total weight
consisting of Post-Consumer
Material." This definition applies
to paper products, plastic products,
compost and co-compost, glass
products, lubricating oils, paints,
solvents, retreaded tires,
tire-derived products, and steel
products. A recycled product also
includes products that could have
been disposed of as solid waste
having completed its life cycle as a
consumer item, but otherwise is
refurbished for reuse without
substantial alteration of its form.
(x) "Recycling" means the process of
collecting, sorting, cleansing,
treating, and reconstituting
materials for the purpose of using
the altered form in the manufacture
of a new product. Recycling does not
include burning, incinerating, or
thermally destroying solid waste.
(y) "Renovation" means any change,
addition or modification in an
existing structure.
(z) "Reuse" means the use, in the
same or similar form as it was
produced, of a material which might
otherwise be discarded.
(aa) "Salvage" means the controlled
removal of Construction and
Demolition Material from a permitted
building or construction site for
the purposes of recycling, reuse, or
storage for later recycling or
reuse.
(bb) "Sanitary Wastes" means
materials that require special
handling procedures such as liquid
wastes including domestic sanitary
sewage.
(cc) "Secondary Material" as defined
in Public Contract Code section
12200(c) means "fragments of
finished products or finished
products of a manufacturing process,
which has converted a resource into
a commodity of real economic value,
and includes Post-Consumer Material,
but does not include excess virgin
resources of the manufacturing
process." This material did not
reach the consumer prior to being
recycled.
(dd) "Sediment" means soil and other
material that has been eroded and
transported by storm or well
production runoff water.
(ee) "Separated for Reuse" means
materials, including commingled
recyclables, that have been
separated or kept separate from the
solid waste stream for the purpose
of additional sorting or processing
those materials for reuse or
recycling in order to return 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, and
includes Source Separated Materials.
(ff) "Solid Waste" as per Public
Resources Code Section 40191 means
all putrescible and non-putrescible
solid, semisolid, and liquid wastes,
including garbage, trash, refuse,
paper, rubbish, ashes, industrial
wastes, demolition and construction
wastes, abandoned vehicles and parts
thereof, discarded home and
industrial appliances, dewatered,
treated, or chemically fixed sewage
sludge which is not hazardous waste,
manure, vegetable or animal solid
and semisolid wastes, and other
discarded solid and semisolid
wastes. "Solid Waste" does not
include any of the following wastes:
(1) Hazardous waste, as defined in PRC Section 40141.
(2) Radioactive waste regulated
pursuant to the Radiation Control
Law [Chapter 8 (commencing with
Section 114960) of Part 9 of
Division 104 of the Health and
Safety Code].
(3) Medical waste regulated pursuant
to the Medical Waste Management Act
[Part 14 (commencing with Section
117600) of Division 104 of the
Health and Safety Code].
(ff) Source Separated Materials"
means materials that are sorted at
the site of generation by individual
material type including commingled
recyclable materials for the purpose
of recycling i.e. loads of concrete
that are source-separated for
delivery to a recycling facility.
(gg) "Virgin Material" means the
portion of the product made from
non-recycled material, that is, the
material that is neither
post-consumer nor secondary
material.
(hh) Waste Hauler" means a company
that possess a valid permit from the
City of Santa Monica to collect and
transport solid wastes from
individuals or businesses for the
purpose of recycling or disposal
under the City of Santa Monica’s
name.
(ii) "Waste Management Plan" (WMP)
means a completed Waste Management
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.
(jj) Waste Management Plan
Compliance Official" means the
Director of Environmental and Public
Works Management or his or her
designee.
SECTION
7.60.020 THRESHOLD FOR COVERED
PROJECTS
(a) Private Projects All
construction and demolition projects
the total costs of which are, or are
projected to be, $50,000 or greater,
or are 1,000 square feet or greater
("Covered Projects") shall be
required to divert at least sixty
(60) percent of all project-related
construction and demolition material
in compliance with this Chapter.
(b) City-Sponsored Projects:
All City-sponsored construction,
demolition and renovation Projects
shall be subject to this Chapter,
and consequently, shall be
considered Covered Projects.
(c) Compliance as a Condition of
Approval: Compliance with this
Chapter shall be included as a
condition of approval on any
construction or demolition permit
issued for a Covered Project.
SECTION
7.60.030 SUBMISSION OF A WASTE
MANAGEMENT PLAN
(a) WMP Forms: Applicants for
construction or demolition permits
involving a Covered Project shall
complete and submit a Waste
Management Plan (WMP), on a WMP form
approved by the City for this
purpose, as part of the application
packet for the construction or
demolition permit. The completed WMP
shall indicate all of the following:
(1) The estimated volume or weight of
the Project C&D material, by
material type, to be generated;
(2) The maximum volume or weight of
such materials that can feasibly be
diverted via reuse or recycling. No
more than twenty (20) percent of the
sixty (60) percent diversion rate
can be achieved through the
recycling or reuse of inert
materials unless applicant can
demonstrate to the satisfaction of
the WMP Compliance Official that
sufficient structural materials do
not exist for recycling or that
forty (40) percent diversion of
total waste through non-inert
materials is not feasible.
(3) The vendor or facility where the
Applicant proposes to use to collect
or receive that material; and
(4) The estimated volume or weight of
C&D materials that will be landfilled in Class III landfills
("Class III Landfill") and inert
disposal facilities ("Inert Disposal
Facility/Inert Waste Landfill").
(b) Calculating Volume and Weight
of Material: In estimating the
volume or weight of materials
identified in the WMP, the Applicant
shall use the Conversion Rates
approved by the City for this
purpose.
(c) Deconstruction: In
preparing the WMP, applicants for
demolition permits involving the
removal of all or part of an
existing structure shall consider
deconstruction ("Deconstruction"),
to the maximum extent feasible, and
shall make the materials generated
thereby available for salvage prior
to landfilling. Deconstruction can
be used to meet the sixty (60)
percent diversion requirement
provided it is accounted for in the
WMP.
SECTION 7.60.040 PERFORMANCE
SECURITY
The project applicant shall submit a
performance security with the WMP.
The amount of the performance
security shall be calculated as the
lesser of three (3) percent of total
Project cost or $30,000. The WMP
Compliance Official may waive the
Performance Security if the total
security required pursuant to this
Section would be fifty (50) dollars
or less.
SECTION
7.60.050 REVIEW OF WMP
(a) Approval: Notwithstanding
any other provisions of this Code,
no building or demolition permit
shall be issued for any Covered
Project unless and until the WMP
Compliance Official has reviewed the
WMP. Approval shall not be required,
however, where an emergency
demolition is required to protect
public health or safety. The WMP
Compliance Official shall only
approve a WMP if he or she first
determines that all of the following
conditions have been met:
(1) The WMP provides all of the
information set forth in Section
7.60.030.
(2 )The WMP indicates that at least
sixty (60) percent of all C&D
material generated by the Project
will be diverted or an exemption has
been approved pursuant to Section
7.60.070.
(3) The Applicant has submitted an
appropriate Performance Security in
compliance with Section 7.60.40.
If the WMP Compliance Official
determines that these conditions
have been met, he or she shall mark
the WMP "Approved," return a copy of
the WMP to the Applicant, and notify
the Building Department and the
Solid Waste Management Division that
the WMP has been approved.
(b) Nonapproval: If the WMP
Compliance Official determines that
the WMP fails to meet the conditions
specified in subsection (a) of this
Section, he or she shall either:
(1) Return the WMP to the Applicant
marked "Denied," including a
statement of reasons, and so notify
the Building Department, to ensure
that the construction or demolition
permit does not issue.
(2) Return the WMP to the applicant
marked "Further Explanation
Required."
If the Applicant determines during
the course of the project that the
estimated tonnage of material to be
generated and or recovered from the
project is substantially different
from the WMP, applicant shall submit
an addendum to the original WMP.
SECTION
7.60.060 COMPLIANCE WITH WMP
(a) Documentation: Within 30
days after the completion of any
Covered Project, the Applicant shall
submit to the WMP Compliance
Official documentation that it has
met the Diversion Requirement for
the Project. Applicant shall provide
a summary of efforts used to meet
the Diversion Requirement and also
provide the following documentation:
(1) Receipts from the vendor or
facility which collected or received
each material showing the actual
weight or volume of that material.
(2) Weight slips/count of material
salvaged or reused in current
Project.
(3) A copy of the previously approved WMP for the Project adding the
actual volume or weight of each
material diverted and landfilled.
(4) Any additional information the
Applicant believes is relevant to
determining its efforts to comply in
good faith with this Chapter.
(b) Weighing of Wastes:
Applicants shall make reasonable
efforts to ensure that all C&D
material diverted or landfilled are
measured and recorded using the most
accurate method of measurement
available. To the extent practical,
all C&D material shall be weighted
by measurement on scales. Such
scales shall be in compliance with
all State and County regulatory
requirements for accuracy and
maintenance. For C&D material for
which weighing is not practical due
to small size or other
considerations, a volumetric
measurement shall be used. For
conversion of volumetric
measurements by weight, the
Applicant shall use the standardized
Conversion Rates approved by the
City for this purpose.
(c) Determination of Compliance
and Release of Performance Security:
The WMP Compliance Official shall
review the information submitted
under subsection (a) of this Section
to determine whether the Applicant
has complied with the Diversion
Requirement as follows:
(1) Full Compliance: If the
WMP Compliance Official determines
that the Applicant has fully
complied with the Diversion
Requirement applicable to the
Project, he or she shall cause the
full Performance Security to be
released to the Applicant.
(2) Failure to Comply: If the
WMP Compliance Official determines
that the Diversion Requirement has
not been met, he or she shall return
only that portion of the performance
security equivalent to the portion
of C&D material actually diverted
compared to the portion that should
have been diverted according to the
WMP. Any portion of the Performance
Security not released to the
Applicant shall be forfeited to the
City, and shall be used to recover
costs associated with sorting mixed
C&D loads at the City recycling
center. If the WMP Compliance
Official determines that the
Applicant has fully failed to comply
with the Diversion Requirement or if
the Applicant fails to submit the
documentation required by subsection
(a) of this Section within the
required time period, then the
entire Performance Security shall be
forfeited to the City. All forfeited
Performance Securities shall be used
to recover costs associated with
sorting mixed C&D loads at the City
recycling center.
SECTION
7.60.070 EXEMPTION
(a) Application: If an
Applicant believes it is infeasible
to comply with the diversion
requirements of this chapter due to
the circumstances delineated in this
Section, the Applicant may apply for
an exemption at the time that he or
she submits the required WMP.
Exemptions may be granted based the
following considerations:
(1) Lack of storage space onsite.
(2) Contamination by hazardous
substances.
(3) Low recyclability of specific
materials.
The Applicant shall indicate on the
WMP 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 WMP Compliance
Official: The WMP Compliance
Official shall review the
information supplied by the
Applicant and may meet with the
Applicant to discuss possible ways
of meeting the Division Requirement.
Upon request of the jurisdiction,
the WMP Compliance Official may
request that staff from the Solid
Waste Management Division attend
this meeting or may require the
Applicant to request a separate
meeting with Solid Waste Management
Division staff. Based on the
information supplied by the
Applicant and, if applicable, Solid
Waste Management Staff, the
Compliance Official shall determine
whether it is possible for the
Applicant to meet the Division
Requirement.
(c) Granting of Exemption: If
the WMP 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 WMP
submitted by the Applicant. The WMP
Compliance Official shall return a
copy of the WMP to the Applicant
marked "Approved Exemption" and
shall notify the Building Department
that the WMP has been approved.
(d) Denial of Exemption: If
the WMP Compliance Official
determines that it is possible for
the Applicant to meet the Diversion
Requirement, he or she shall inform
the Applicant in writing. The
Applicant shall have 30 days to
resubmit a WMP form in full
compliance with Section 7.60.080. If
the Applicant fails to resubmit the
WMP, or if the resubmitted WMP does
not comply with Section 7.60.080,
the WMP Compliance Official shall
deny the WMP.
SECTION
7.60.080 APPEAL
The applicant or any interested
person may appeal to a Hearing
Examiner from any ruling of the WMP
Compliance Official made pursuant to
this Chapter in accordance with
Section 6.16.030. Notice of any
appeal from the ruling of the WMP
Compliance Official must be filed
within ten (10) days of the date
that such ruling is made. The
decision of the Hearing Examiner
upon such appeal, relative to any
matter within the jurisdiction of
the WMP Compliance Official, shall
be final and shall not be appealable
to the City Council or to any other
City body or official.
SECTION
7.60.090 ENFORCEMENT
(a) The Director of the Department of
Environmental and Public Works
Management, or his or her designee,
is authorized to enforce Sections
7.60.030-7.60.060 as follows:
(1) For the first failure to comply
with the provisions of Sections
7.60.030-7.60.060, the Department of
Environmental and Public Works
Management shall issue to the
affected person a written notice
that includes the following
information:
(i) A statement specifying the
violation committed;
(ii) A specified time period within
which the affected person must
correct the failure of file a
written notice disputing the notice
to comply;
(iii) A statement of the penalty for
continued noncompliance.
(2) For each subsequent failure to
comply with any provisions of
Sections 7.60.030-7.60.060 following
written notice pursuant to this
Section, the Director of the
Department of Environmental and
Public Works Management may levy a
penalty not to exceed five hundred
dollars. Any statement informing a
violator of a citation shall include
a notice setting forth the hearing
rights provided in subsection (a)
(3) below.
(3) Any person assessed a penalty
pursuant to subsection (a) (2) may
dispute the penalty by requesting a
hearing on a form provided by the
City within the time and manner set
forth in Section 6.16.030 provided
that no hearing request shall be
deemed timely filed and no hearing
shall be held unless, within the
time period to request a hearing,
the person deposits with the City
Treasurer money in the amount of any
unpaid penalty due under this
Section. If as a result of the
hearing it is determined that the
penalty was wrongly assessed, the
City shall refund any money
deposited to the person. The
decision of the Hearing Examiner
shall be final except for judicial
review and shall not be appealable
to the City Council.
(4) It shall not be a defense to the
assessment of any penalty or to any
other civil enforcement action
provided for under this Section for
a person to assert that any
violation of Sections
7.60.030-7.60.060 was caused by the
actions of a person other than the
person assessed except if the
violation was caused by the criminal
or negligent action of a person who
was not an agent, servant, employee
or family member of the person.
(5) Any penalty collected hereunder
shall be deposited in the Refuse
Fund to be used as reimbursement for
the Department of Environmental and
Public Works Management’s costs and
expenses of administration and
enforcement of this Chapter.
(b) Any violation of this Chapter
shall constitute an infraction
punishable by a fine of five hundred
dollars. Each day that a violation
occurs shall constitute a separate
offense.
(c) A violation of any provision of
this Chapter is declared to be a
public nuisance and may be abated
pursuant to Santa Monica Municipal
Code Chapter 8.96 or by means of a
civil action.
(d) The City may enforce the
provisions of this Chapter by means
of a civil action. The burden of
proof in such cases shall be
preponderance of the evidence.
(e) Any person who commits an act,
proposes to commit an act, or
engages in any pattern and practice
which violates this Chapter may be
enjoined by any court of competent
jurisdiction.
(d) The penalties and remedies
established by this Chapter are not
exclusive, and nothing in this
Chapter shall preclude any person
from seeking any other remedies,
penalties, or procedures provided by
law.
SECTION 2. Any provision of the Santa Monica
Municipal Code or appendices thereto
inconsistent with the provisions of
this Ordinance, to the extent of
such inconsistencies and no further,
are hereby repealed or modified to
that extent necessary to affect the
provisions of this Ordinance.
SECTION
3. If any section, subsection,
sentence, clause, or phrase of this
Ordinance is for any reason held to
be invalid or unconstitutional by a
decision of any court of competent
jurisdiction, such decision shall
not affect the validity of the
remaining portions of this
Ordinance. The City Council hereby
declares that it would have passed
this Ordinance, and each and every
section, subsection, sentence,
clause, or phrase not declared
invalid or unconstitutional without
regard to whether any portion of the
Ordinance would be subsequently
declared invalid or
unconstitutional.
SECTION
4. The Mayor shall sign and the City
Clerk shall attest to the passage of
this Ordinance. The City Clerk shall
cause the same to be published once
in the official newspaper within 15
days after its adoption. This
ordinance shall become effective
after 30 days from its adoption.
APPROVED
AS TO FORM:
MARSHA
JONES MOUTRIE
City Attorney
