The provisions contained herein are to establish a comprehensive set of regulations applicable to recycling-related land uses, and facilities involved in the recycling of C&D materials.

(Prior code § 9263)

(Ord. No. 2352, § 4, 8-14-2013)

Refer to the definitions contained in Chapter 17.08 of this code.

(Prior code § 9263.1)

All uses subject to the provisions hereof shall comply with all of the regulations contained in this title and any regulations included herein. Any such facility must be certified by the state and display an official certification sign at the facility.

(Prior code § 9263.2 (part))

(Ord. No. 2352, § 4, 8-14-2013)

"Public recycling collection facility" means a facility established to receive presorted redeemable beverage containers; provided that such facility is composed of reverse vending machine(s), collection storage unit(s) or a mobile cycling unit. Recycling materials shall be presorted, and shall include absolutely no hazardous or biodegradable wastes. The requirements applicable to these facilities include the following:

A.

Any such facility must include provisions for recycling all redeemable beverage containers made of glass, plastic, aluminum, and bimetal.

B.

Any such facility may include one of the following:

1.

Reverse vending machines, which are automated mechanical devices which accept one or more empty beverage containers including glass, plastic, aluminum and bimetal, and which issue a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine;

2.

Collection storage unit(s), which are storage containers manufactured specifically for the purpose of receiving redeemable beverage containers without the use of power-driven processing equipment. Collection storage units fitted with reverse vending machines will be considered as collection storage unit facilities;

3.

A mobile recycling unit, which is an automobile, truck trailer or van licensed by the department of motor vehicles which is used exclusively for the collection of recyclable (redeemable) beverage containers.

C.

The following recycling collection facilities will be permitted as a use by right in the C-1 through M-2 zones subject to the limitations as specified. collection facilities which do not meet these limitations may be permitted in the C-1 through M-2 zones subject to approval of a conditional use permit:

1.

Reverse vending machine(s); provided that:

a.

The facility not occupy more than fifty square feet; and

b.

The facility be located immediately adjacent to the building housing the responsible business and be adjacent to the same façade as the main entrance.

2.

Collection storage unit(s); provided that:

a.

Such units be entirely enclosed except for small openings for the deposit of recyclable materials;

b.

The total storage area not exceed one hundred twenty-five square feet;

c.

The facility be located within close proximity to the building housing the responsible business and must be situated at a location approved by the planning manager;

d.

The facility shall not obstruct a three-foot pedestrian access along the store front;

e.

All storage units shall be sealed in such a manner as to preclude the deposit of nonredeemable materials in the unit during hours when the facility is unmanned; and

f.

Such collection storage unit does not occupy any required parking spaces, backup area, or aisles.

3.

A mobile recycling facility; provided that:

a.

All storage shall be completely enclosed in a truck or van which does not exceed a three-quarter ton capacity;

b.

Such truck or van does not obstruct any pedestrian access, or occupy any required parking spaces, backup area, or aisles;

c.

An attendant is at the facility at all times;

d.

The operation of such facility does not encourage pedestrians or motorists to occupy required parking or aisles while waiting for a redemption, nor expose pedestrians or motorists to any safety hazard;

e.

The operation is not within forty feet of a public right-of-way; and,

f.

Each mobile facility must be removed from the premises each day.

D.

A business license shall be obtained by the owner/operator of each facility. Each machine, collection storage unit and mobile unit must be posted with proper business license information.

E.

No advertisement for any product or use other than recycling of beverage containers may be affixed to any machine or unit.

F.

All facilities must be maintained in a clean and attractive manner and serviced on a daily basis. A trash receptacle should be provided adjacent to each facility.

G.

Curb fronts within fifty feet of a recycling collection facility shall be painted and posted as "No Parking."

H.

A plan of operation including a correctly dimensioned site plan or layout of the facility, actual days and hours of operation, anticipated volume of recyclable material to be collected and any other information requested by the planning manager must be submitted for review and approval by the planning manager.

(Prior code § 9263.2 (2a))

(Ord. No. 2352, § 4, 8-14-2013)

Editor's note— Ord. No. 2352, § 4, adopted Aug. 14, 2013, deleted former §§ 17.64.040 and 17.64.050 which pertained to community recycling centers, and recycling stations, respectively; and derived from prior code §§ 9263.2[1], [2]. Ord. No. 2352 also renumbered former §§ 17.64.060 and 17.64.070 as §§ 17.64.040 and 17.64.060. Ord. No. 2352 changed the title of § 17.64.040 from "Recycling collection facilities" to "Public recycling collection facilities."

"Recycling facility" means a totally enclosed building within which the receipt, separation, storage, conversion, baling and/or processing of recyclable materials can occur for the purpose of reutilization of such materials. Hazardous and biodegradable materials including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, electronic wastes, medical wastes, syringes, needles, pesticides, and other similar materials shall not be brought into or handled by a recycling facility. A recycling facility may consist of a waste transfer facility, a materials recovery facility, or both. The requirements applicable to these facilities include the following:

A.

All outdoor storage of salvageable materials shall be contained within bins or pallets, or located on a paved area.

B.

All storage areas shall be enclosed by view-obscuring walls, fences or buildings. No storage facilities shall be seen from a public right-of-way or from any residential land use.

C.

All separation, sorting, processing, baling or other activities shall occur entirely within an enclosed building.

D.

The ambient noise level shall not be increased as measured at any property line.

E.

The facility and signage shall be unobtrusive and compatible with the area surrounding the subject site.

F.

No garbage or food wastes shall be permitted at the site. If any incidental amounts of biodegradable refuse materials enter the site, it shall be removed by the next working day or within forty-eight hours of entering the site, whichever is sooner.

G.

Liquid wastes, hazardous and biodegradable materials, including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, medical wastes, syringes, needles, pesticides and other similar materials shall not be permitted on the site.

H.

The owner/operator of the salvage site shall prevent or eliminate immediately any nuisance created by dust, odors, blowing material, litter, ponding water, noise or other nuisance.

I.

All buildings and structures within the site shall be rodent-proofed and any rodent infestation shall be controlled immediately.

J.

Any infestation or accumulation of flies or other insects of public health significance shall be immediately controlled.

K.

In anticipation of emergency situations (breakdown of facilities, power failure, landfill closure), provisions shall be made to ensure nonsalvageable waste materials will be properly contained and that no continuous storage be allowed.

L.

Any representative of a regulatory governmental agency shall be permitted access to the recycling facility at any reasonable time for the purpose of obtaining information or inspecting operations.

M.

Burning of wastes shall be prohibited.

N.

Fire protection and prevention facilities, including, but not limited to, fire sprinklers, shall be provided in a manner subject to approval of the fire marshal.

O.

A detailed site and operations plan, including, but not limited to, traffic routes, shall be subject to approval of the planning commission.

P.

Violation of any condition or any terms set forth shall result in the immediate closing of the recycling facility until such times as the violations are corrected to the satisfaction of the applicable regulatory agency.

Q.

A recycling facility shall not be located on a property located within four hundred feet of any R-zoned property or any property containing a public institutional land use (for example, a church, school, park or library).

R.

The applicant/operator of a recycling facility shall bear the full administrative costs of monitoring and inspection activities to be conducted by city staff or consultant representatives. A yearly permit fee and violation of fine schedule shall be prepared and approved prior to any recycling-related use being established. Failure to pay the city all fees and/or fines shall constitute a violation of Montebello Municipal Code.

(Prior code § 9263.2 [3])

(Ord. No. 2352, § 4, 8-14-2013)

Editor's note— Ord. No. 2352, § 4, adopted Aug. 14, 2013, changed the title of § 17.64.050 from "Recycling stations" to "Recycling facilities (Materials recovery facility and waste transfer facility)." See also the editor's note following § 17.64.040.

"Construction and demolition facility" means a facility within a totally enclosed building established to operate for the express purpose of receiving C&D waste, debris, and materials as defined in Section 17.08.577. The requirements applicable to these facilities include the following:

A.

All outdoor storage of salvageable materials shall be contained within bins or pallets, or located on a paved area.

B.

All storage areas shall be enclosed by view-obscuring walls, fences or buildings. No storage facilities shall be seen from a public right-of-way or from any residential land use.

C.

All separation, sorting, processing, baling or other activities shall occur entirely within an enclosed building.

D.

The ambient noise level shall not be increased as measured at any property line.

E.

The facility and signage shall be unobtrusive and compatible with the area surrounding the subject site.

F.

Only construction and demolition material, as defined in Section 17.08.577, shall be received for collection at the site.

G.

The owner/operator of the salvage site shall prevent or eliminate immediately any nuisance created by dust, odors, blowing material, litter, ponding water, noise or other nuisance.

H.

Any representative of a regulatory governmental agency shall be permitted access to the C&D facility at any reasonable time for the purpose of obtaining information or inspecting operations.

I.

Burning of wastes shall be prohibited.

J.

Fire protection and prevention facilities, including, but not limited to, fire sprinklers, shall be provided in a manner subject to approval of the fire marshal.

K.

A detailed site and operations plan, including, but not limited to, traffic routes, shall be subject to approval of the planning commission.

L.

Violation of any condition or any terms set forth shall result in the immediate closing of the C&D facility until such times as the violations are corrected to the satisfaction of the applicable regulatory agency.

M.

The applicant/operator of a C&D facility shall bear the full administrative costs of monitoring and inspection activities to be conducted by city staff or consultant representatives. A yearly permit fee and violation of fine schedule shall be prepared and approved prior to any recycling-related use being established. Failure to pay the city all fees and/or fines shall constitute a violation of Montebello Municipal Code.

(Ord. No. 2352, § 4, 8-14-2013)

A.

Purpose. The purpose of this Section of Title 17 is to:

1.

Implement California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.). Towards this end, the City of Montebello is required to prepare, adopt and implement source reduction and recycling plans to reach in order to meet these goals.

2.

Promote the reduction of solid waste and is required to make substantial reductions in the volume of waste materials going to the landfills.

3.

Acknowledge that solid waste materials from construction, demolition, and the renovation of buildings represent a significant portion of the volume of waste presently coming from the City of Montebello and much of this waste is particularly suitable for recycling and reuse.

4.

Commit to the reduction of waste through the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste.

B.

CALGreen Requirements. The State of California requires certain construction projects to divert the current required percentage of project generated construction materials from disposal in landfills. This section of Title 17 of the City of Montebello Municipal Code will implement the state requirements at the local level.

C.

Thresholds for Covered Projects. The following thresholds must be used to determine if a project is a covered project:

1.

Private project where all construction, demolition, and renovation are projected to be one thousand square feet or greater, and all demolition-only projects shall be considered covered projects.

2.

All city-sponsored construction, demolition and renovation projects that are projected to be one thousand square feet or greater shall be subject to this chapter, and consequently, shall be considered covered projects.

D.

Diversion Requirements (Goals). The diversion goal for asphalt and concrete demolition debris will conform to state requirements. Clean inert waste used in engineered fills may not be counted as disposal or diversion (CalRecycle's CDI regulations [PRC Section 41821.3(h)]).

E.

Waste Management Plan (WMP).

1.

Application Submittal. Applicant(s) for construction or demolition permits involving a covered project is required to complete and submit a waste management plan (WMP), on a form approved by the City of Montebello for this purpose. The WMP shall be included in the application packet for the construction or demolition permit. The completed WMP shall be reviewed and approved by the compliance official prior to the issuance of a building permit, and shall indicate all of the following:

a.

The estimated volume or weight of the project C&D material, by material type, to be generated (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);

b.

The maximum volume or weight of the materials that may be feasibly diverted or recycled;

c.

The vendor or facility where the applicant proposes to use, collect or receive that material; and,

d.

The estimated volume or weight of C&D materials that will be disposed of in Class III landfills and inert disposal facilities.

2.

Performance Security Deposit. As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall submit a performance security deposit to the building and safety division along with the submittal of the WMP:

a.

For construction and demolition projects, the amount of the performance security shall be calculated as the lesser of three percent of total project cost or thirty thousand dollars.

b.

For demolition-only projects, the amount of the performance security required shall be calculated at the rate of one dollar per square-foot with a one thousand-dollar minimum and thirty thousand-dollar maximum.

c.

The City of Montebello intends to use the deposit for the payment of diversion deposit refunds, as well as administrative costs associated with the C&D diversion program and/or program costs associated with the C&D diversion program, including infrastructure improvements to facilitate C&D waste diversion.

3.

Compliance with WMP. Within thirty days after the completion of the demolition phase of any covered project, the applicant shall submit to the WMP compliance official, documentation that the diversion requirement for the project has been met. The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:

a.

Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material;

b.

Weight slips/count of material salvaged or reused in current project;

c.

A copy of the previously approved WMP for the project adding the actual volume or weight of each material type diverted and disposed of in landfills;

d.

Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this section;

e.

The WMP compliance Official shall review the information submitted under subsections a. through d. of this section to determine whether the applicant has complied with the diversion requirement as follows:

i.

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.

ii.

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 any city costs associated with sorting of mixed C&D loads, and its transfer. 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 subsections 1. through 4. 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 city costs associated with sorting of mixed C&D loads, and its transfer. The city may, by formal resolution, modify the amount of the required deposit.

F.

Weighing of Wastes. Applicants shall ensure that all C&D material diverted or disposed of in landfills 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.

G.

Diversion Requirement Exceptions. If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan required under subsection E:

1.

Exemptions may be granted based on the following factors:

a.

Lack of storage space on-site;

b.

Contamination by hazardous substances; or,

c.

Low recyclability of specific materials.

2.

Types of projects where exemptions may be granted are listed below:

a.

Emergency situations to protect the public health and safety (for example, debris removal after disasters such as floods, fires, earthquakes, etc.);

b.

Seismic tie-down projects;

c.

Pools and spas;

d.

Non-structural;

e.

Work for which a building or demolition permit is not required;

f.

New construction projects below a certain dollar amount or below a certain number of units;

g.

New nonresidential construction projects below a certain dollar or square footage amount;

h.

Residential or nonresidential remodeling or renovation projects below a certain dollar or square footage amount;

i.

Roofing projects that do not include removal of an existing roof;

j.

Work for which only a plumbing, only an electrical, or only a mechanical permit is required; or,

k.

Projects where no foundation or other structural building modifications are required.

3.

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.

4.

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.

5.

Upon a denial by the WMP compliance official, the applicant shall have thirty days to resubmit a WMP form in full compliance with subsection E. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with subsection E, the WMP compliance official shall deny the WMP.

H.

Appeals. The applicant or any interested person may appeal to the city council from any ruling of the WMP compliance official made pursuant to this chapter in accordance with section. Notice of any appeal from the ruling of the WMP compliance official must be filed within ten days of the date that such ruling is made. The appeals procedures must conform to those requirements outlined in Chapter 17.78.

I.

Penalties and Enforcement. the city may enforce the provisions of this chapter by any means authorized and set forth under Chapters 1.12 or 17.06 of this Code. Violators may be subject to the fines and/or penalties authorized under Chapters 1.12 or 17.06 of this Code.

(Ord. No. 2352, § 4, 8-14-2013)