362 ORDINANCE NO. 362
AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA,
AMENDING SECTION 8.08.580 (CONSTRUCTION OR DEMOLITION
WASTE) OF CHAPTER 8.08 (SOLID WASTE AND RECYCLABLE
MATERIAL COLLECTION) OF TITLE 8 (HEALTH AND SAFETl� OF
THE ROLLING HILLS MUNICIPAL CODE TO REQUIRE
COLLECTION 4F A DEPOSIT ASSOCIATED WITH A
CONSTRUCTION/DEMOLITION HAULING PERMIT
RECITALS
A. Pursuant to Section 8.08.580 of the Rolling Hills Municipal Code ("RHMC"), a
construction and demolition waste hauling permit is required in order to remove construction and
demolition waste from any construction, remodeling, or demolition project in the CiTy of Rolling
Hills ("City");
B. Permitted haulers are required to divert from landfills a certain percentage of all
construction and demolition waste generated by a project and to submit reports with the disposal
amount and location to the City on a quarterly basis and at the completion of the project;
C. City staff has difficulty obtaining the required documentation from the permitted
haulers; and
D. T'he City Council of the City of Rolling Hills wishes to amend the RHMC to
address this difficulty by authorizing the collection of a deposit with the application from
permitted haulers to be refunded upon completion of the reporting requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8.08.580 (Construction or demolition waste) of Chapter 8.08
(Solid Waste and Recyclable Material Collection) of Title 8 (Health and Safety) of the Rolling
Hills Municipal Code is hereby amended to read as follows:
8.08.580 - Construction or demolition waste.
A. Minimum Construction or Demolition Waste Diversion Requirements. Every
covered project shall divert at least sixty-five percent, measured by weight, of all
construction or demolition waste generated by the covered project.
B. Exempt Projects. The diversion and reporting requirements of this section shall not
apply to the following projects:
1. Any construction, remodeling or demolition project that does not generate
recyclable materials or construction/demolition waste.
2. Any project that requires emergency demolition in order to protect the public
health or safety as determined by the Manager prior to the issuance of a
demolition permit.
The City Manager shall be authorized to make a fmal determination of whether a
project is a covered or an exempt project.
C. Construction/Demolition Hauling Permit.
1. A construction/demolition hauling permit may be issued pursuant to this section
to construction/demolition haulers under contract with a property owner in the
' City and who are not engaged in the regular collection of refuse in the City.
2. Permit Required. No person or solid waste enterprise sha11 remove construction
and demolition waste from a covered project within the City without first
obtaining a construction/demolition hauling permit or a franchise under Chapter
8.08. Residents shall only use a permitted construction/demolition hauler or a
franchised Collector, for removal of construction/demolition waste from any
covered project within the City.
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3. Application for Construction/Demolition Hauling Permit. An application for a
permit shall be filed with the City Manager and be accompanied by an
application fee in an amount set by City Council resolution to reimburse the City
for all expenses incurred by it in connection with granting the permit and a
deposit fee in an amount set by City Council resolution to be refunded upon
verification by the City Manager, or his or her designee, of compliance with the
requirements of Section 8.08.580(E).
The application shall include, at a minimum,the following information:
a. Name, address, telephone number of the applicant and any other principals
in the hauler's business.
b. Name, address, and resident telephone number of the subject
construction/demolition project, and a copy of the service agreement for
collection services at the site.
c. The type and amount of materials and waste material that the hauler is
capable of transporting.
d. The number of vehicles that the hauler utilizes.
e. The name, address and contact information for the waste disposal facilities
where the hauler will take diverted material and where the hauler will take
waste.
f. Such other pertinent facts or information as the City Manager may require
including but not limited to evidence of State certification, evidence of
previous experience, and demonstration of reliable and safe equipment.
4. In order to be legally qualified to obtain a construction/demolition hauler permit:
a. The applicant shall be willing and able to comply with the provisions of this
code, applicable law, and all requirements of the permit.
b. The applicant shall have demonstrated ability to remove and transport the
required construction/demolition waste to the appropriate waste disposal
facilities.
c. The applicant shall not have filed materially misleading information in its
application or intentionally withheld information that the applicant lawfully
is required to provide.
d. The applicant shall not have violated the terms of this section or a probation
order issued by the City Manager, or had a construction/demolition hauling
permit revoked, on another construction or demolition project in the City
for [a] three-year period preceding the date of application, as provided in
subsection(F)(3)below.
5. Issuance of Permits. The City Manager may issue a limited
construction/demolition hauler permit to collect and divert
construction/demolition waste from a specific project site in the City, subject to
such conditions as are necessary to protect the public health, safety and welfare
and to assure that the permit is exercised for its circumscribed purposes. A
permit shall not be transferred to another person or solid waste enterprise.
Permits shall remain in effect for the amount of time specified on the permit,
unless an extension is granted in writing by the City Manager for the purpose of
completing work on the specified project. Extension request shall be submitted
in writing, no less than thirty days before expiration of the permit. The City
Manager may grant an extension subject to the criteria set forth in Section
8.08.580(C)(3).
6. A permitted construction/demolition hauler shall be subject to the following
provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance;
8.08.160 Worker's compensation insurance; 8.08.170 Indemnification; 8.08.190
Responsibility for damages; 8.08.200 Office for inquiries and complaints;
8.08.210 Permits and licenses; 8.08.260 City inspection authority; 8.08.270
Vehicle identification; 8.08.290 Operation of equipment; 8.08.330 Hours of
collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370 Noise; 8.08.380
Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other
applicable provisions of the Municipal Code.
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D. Records. During the term of any covered project, the permitted hauler shall keep
records of the amount of waste disposed and diverted in tonnage or in other
measurements approved by the City Manager that can be converted to tonnage.
E. Reporting.
l. Every three months from the date the permit is issued, the hauler shall submit
under penalty of perjury, documentation to the satisfaction of the manager
establishing compliance with the requirements of this section. The
documentation shall consist of a completed "Quarterly Recycling and Waste
Reduction Compliance Report," showing the weight of materials disposed and
diverted, supported by evidence satisfactory to the Manager, which may include
originals or photocopies of receipts and weight tickets/invoices or other records
of ineasurement from recycling and/or landfill disposal companies. Receipts and
weight tickets may be required by the Manager to verify the amount of
construction or demolition waste generated from the site that has been diverted.
2. Within thirty calendar days following the completion of any covered project, the
hauler shall submit under penalty of perjury documentation to the satisfaction of
the manager establishing compliance with the requirements of this section. The
documentation shall consist of a completed "Recycling and Waste Reduction
Final Compliance Report" showing the weight of materials disposed and
diverted, supported by evidence satisfactory to the Manager, which may include
originals or photocopies of receipts and weight tickets/invoices or other records
of ineasurement from recycling companies and/or landfill and disposal
companies. Receipts and weight tickets may be required by the Manager to
verify the amount of construction or demolition waste generated from the site
that has been diverted.
F. Probation and Revocation.
1. Failure by a permitted hauler to comply with the diversion and/or reporting
requirements of this section may result in automatic revocation of the
construction/demolition hauler permit, or in the City Manager's discretion a
probation order.
2. The Manager is authorized to put a hauler on probation when the hauler fails to
submit quarterly reports, or fails to demonstrate compliance with the diversion
requirements in the quarterly reports, or final compliance report. A probation
order shall be in writing and provide the hauler an opportunity to demonstrate
compliance with the reporting and diversion requirements in future "Quarterly
Recycling and Waste Reduction Compliance Reports" and/or the "Recycling and
Waste Reduction Final Compliance Report." The probation order may impose
reasonable conditions on the hauler aimed at achieving compliance with such
requirements.
3. A hauler whose permit has been revoked, or who has failed to comply under a
probation order, shall be notified in writing and shall not be eligible for a new
permit for a period of three years from the date of the final written decision,
4. The Manager's decision to issue a probation order or to revoke a permit may be
appealed to the City Council in the same manner as decisions are appealed under
Sections 8.08.090 through 8.08.130.
G. Monitoring Responsibility of Manager. The City Manager shall monitor each
covered project for compliance with this section.
H. Implementing Regulations. The Manager shall have the authority to establish
regulations for the implementation of this section, and when duly established, such
regulations shall be in full force and effect.
SECTION 2. The City Council hereby finds and determines that this ordinance is
exempt from the requirements of the California Environmental Quality Act pursuant to Section
15061(b)(3) ("Common Sense Exemption") of the CEQA Guidelines as it can be said with
certainty that there will be no environmental impact from the collection of a deposit associated
with a Construction/Demolition Hauling Permit.
SECTION 3. This ordinance shall take effect thirty days after its passage and adoption
pursuant to California Government Code section 36937.
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SECTION 4. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Rolling Hills's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within fifteen days
after the passage and adoption of this Ordinance, cause it to be published or posted in accordance
with California law.
PASSED,APPROVED and ADOPTED this 22 day of July 2019.
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f.EAH MIRSCE
MAYOR
ATTEST:
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�`ITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 362 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA,
AMENDING SECTION 8.08.580 (CONSTRUCTION OR DEMOLITION
WASTE) OF CHAPTER 8.08 (SOLID WASTE AND RECYCLABLE
MATERIAL COLLECTION) OF TITLE 8 (HEALTH AND SAFETY) OF THE
ROLLING HILLS MUNICIPAL CODE TO REQUIRE COLLECTION OF A
DEPOSIT ASSOCIATED WITH A COI�ISTRUCTION/DEMOLITION
HAULING PERMIT.
was approved and adopted at a regular meeting of the City Council on July 22, 2019, by the
following roll call vote:
AYES. BLACK, DIERINGER,PIEPER, WILSON AND MAYOR MIRSCH.
NOES: NONE.
ABSENT: NONE.
ABSTAIN: NONE.
and in compliance with the laws of California was posted at the following:
Administ-� ive Offices.
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. GI'TY CLERK
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