HomeMy WebLinkAbout07 - Solid Waste Haulers Demolition ActivitiesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus@city.newport-
beach.ca.us
SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of
franchised solid waste haulers for demolition activities.
ISSUE:
Should the City amend Section 15.02.035 of the Newport Beach Municipal Code
pertaining to the Uniform Administrative Code to clarify procedures and requirements for
handling waste from demolition activities?
RECOMMENDATION:
Introduce Ordinance 2003 -_ amending Section 15.02.035 pertaining to the Uniform
Administrative Code for a first reading.
DISCUSSION:
Background:
AB939, the California Recycling Mandate of 1989, required jurisdictions to divert 25% of
their solid waste from landfills by 1995 and continue to maintain a 50% diversion rate
after December 31, 2000. In addition, State regulations require that the City report
annually on the status of AB939 implementation efforts.
In 1995, the City diverted 47% of its solid waste, easily surpassing the 1995 diversion
mandate of 25 %. In 2000, the City diverted in excess of 49% of its solid waste and was
awarded a good faith effort approval from the California Integrated Waste Management
Board (CIWMB). In 2001, the City continued to divert 49% of its solid waste, still shy of
the 50% recycling mandate, but the goal was waived by the CIWMB. The Board has
not yet released recycling figures for 2002.
Municipal Code Amendment
December 9, 2003
Page 2
In an effort to assist in recycling efforts, the City Council adopted an ordinance in 2001
amending the Municipal Code to require persons applying for a permit for complete
demolition of a structure to certify that a City franchised solid waste enterprise would be
used for handling, removal and disposal of demolition waste. The purpose of this
certification was to ensure the use of City franchised solid waste haulers for demolition
waste. Franchised haulers are bound by the City solid waste franchise agreement to
recycle waste, helping to ensure the City meets the minimum recycling requirement
under State law.
To date in 2003, there have been 123 certifications processed for major demolitions in
the City. As part of the certification process, staff requires the contractor to notify the
General Services Department staff 24 hours in advance of demolition activities. The
purpose of this requirement is to allow staff time to visually inspect the demolition site
and ensure the usage of a franchised solid waste hauler for the removal and recycling
of construction debris.
However, often a demolition may not occur for weeks or more after the permit is issued
and the contractor will not necessarily use the solid waste enterprise identified in the
permit application. Because of this, staff has determined that the certification process
instituted in 2001 is not as effective as we had hoped. A number of demolitions are
occurring in the City through the use of unauthorized and non - franchised contractors
who remove a portion or all of the debris as a part of the demolition process and avoid
complying with the City's requirement to recycle waste. Often times, these demolition
contractors demolish a structure in such a way that the materials are not separated by
material type and therefore cannot be recycled. As a result of this type of demolition,
large amounts of debris are direct hauled to the landfills and there is no recycling credit
given to the City. Franchised haulers, including thirteen demolition contractors currently
franchised in the City of Newport Beach, are aware of the recycling mandate and
demolish a structure in such a way that a large amount of the debris can be recycled.
As a matter of process, all franchised solid waste haulers and demolition contractors are
required to pay a 16% franchise fee for the right to perform such services in the City.
When unauthorized contractors undertake large demolition projects not only does the
City lose the recycling credit, but also the franchise fees. In addition, there is a fairness
issue in that non - franchised contractors are avoiding the payment of franchise fees and
can provide lower bid prices for demolition projects than franchised haulers.
Ordinance amendments
General Services Department staff has prepared an amendment to the existing
demolition ordinance that will codify the requirement to notify the General Services
Department staff prior to the commencement of demolition, activities. Under the
proposed changes, not only will the permittee be required to certify on the demolition
Municipal Code Amendment
December 9, 2003
Page 3
permit application that a franchised solid waste hauler will be used, but they will also
have to provide the name of the franchised entity when they provide the General
Services Department with 24 hours notice. The General Services Department will
continue to visually inspect all proposed major demolition projects and ensure that a
franchised hauler is being utilized in demolition and waste hauling activities in advance
of the commencement of demolition activities. The amendment also will allow the
Building Director to stop work on a demolition project for which the waste is not being
handled by a franchised hauler.
New legislation requires that cities include information on their construction and
demolition (C &D) debris diversion programs in the annual recycling reports to the
California Integrated Waste Management Board ( CIWMB). Each city's annual report
must now include a progress summary on diversion of construction and demolition
waste, including information on programs and ordinances implemented by the local
government, and quantitative date, where available. The CIWMB will look at whether a
city has implemented C &D diversion programs in determining whether or not a City has
made a "good faith effort" to meet the waste diversion goals. The proposed changes to
the demolition ordinance will satisfy this requirement as well as close a loophole in the
City's recycling program.
Environmental Analysis:
Not a project under CEQA.
Public Notice:
Notice of the proposed ordinance change was submitted to the National Association of
Demolition Contractors, Southern California Chapter. The routine public notice of the
ordinance amendments will be published after Council approval of first reading.
Prepared by:
Jerem ammond,
Management Assistant
Submitted by:
David E. Niederhaus,
Director
Municipal Code Amendment
December 9, 2003
Page 4
Attachments: An Ordinance of the City Council of the City of Newport Beach amending
Section 15.02.035 of Title 15 of the Newport Beach Municipal Code
pertaining to Uniform Administrative Code
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 15.02.035 OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE
WHEREAS, State AB 939, the California Integrated Waste Management Act of 1989,
requires local governments to recycle a minimum of 50% of all solid waste generated.
WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a
franchised commercial solid waste enterprise can provide solid waste handling services within
the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and
construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition
and construction wastes adversely impacts the City's ability to report disposal of solid wastes
and meet its recycling requirements.
WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of
the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal
Code. Permits must comply with both the technical codes and ordinances of the City of Newport
Beach.
WHEREAS, the General Services Department administers the Solid Waste Hauler
franchise program and is in charge of verifying compliance with the program.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended
to read as follows:
15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code.
Section 303.1 of the Uniform Administrative Code is amended to read as follows:
The application, plans specifications, computations and other data filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction.
Prior to issuance of a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste.
If the building official finds that the work described in an application for a demolition
permit and the plans, specifications and other data filed therewith conform to the requirements of
this code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 304 have been paid and that a franchised solid waste enterprise is being
used, the building official shall issue a permit therefor to the applicant. Prior to any demolition
activities authorized by the permit, the permittee shall notify the General Services Department no
less than twenty -four hours in advance of its intent to commence demolition and provide the
name of the franchised solid waste enterprise that will handle the demolition waste. Anv
handling or disposal of demolition and construction wastes conducted by other than the
identified franchised solid waste enterorise shall be subject to suspension of work, as authorized
in this code.
When a permit is issued and plans are required, the building official shall endorse in writing
or stamp the plans and specifications APPROVED. Such approved plans and specifications shall
not be changed, modified or altered without authorizations from the building official, and all
work regulated by this code shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of a building, structure
or building service equipment before the entire plans and specifications for the whole building,
structure or building service equipment have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all pertinent requirements of
the technical codes. The holder of a partial permit shall proceed without assurance that the permit
for the entire building, structure or building service will be granted.
FA
SECTION 2.
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
SECTION 3.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the day of , 2003, and was adopted on the _ day of
ATTEST:
CITY CLERK
2004, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
3
MAYOR