[Added 7-15-2024 by Ord.
No. 2024-03]
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
This section is adopted in order to supplement the provisions
of the California Integrated Waste Management Act of 1989 which requires
that each local jurisdiction in the State divert fifty (50%) percent
of discarded materials from landfills and aid in compliance with the
Alameda County Waste Reduction and Recycling Act of 1990 (Measure
D), and to comply with the requirements of CALGreen Sections 4.408.1
and 5.408.1, as well as the SB 1383 regulations set forth in California
Code of Regulations ("CCR") Title 14, Section 18989.1(a)(2) (the Short-lived
Climate Pollutant Reduction Act of 2016). Applicants must comply with
the California Green Building Standards Code ("CALGreen") requirements
(CALGreen, Sections 4.408 and 5.408) and any future changes to that
Code. The requirements of CALGreen and the SB 1383 regulations include
a minimum of 65% diversion rate for all covered Construction and Demolition
("C&D") Projects, with Project thresholds determined by the City,
or as amended by any future changes to that Code. These requirements
shall apply to affected projects as specified in this section.
These regulations require the City to maximize the Recovery
of C&D Debris through commercially viable options and by requiring
all Deconstruction, Demolition, and Construction Projects to comply
with the City's requirements. The intent of these provisions
is to Recover all Recoverable amounts of C&D Debris and minimize
C&D Debris Disposed. Applicants for Projects are strongly encouraged
to prioritize Deconstruction, Reclaim, Reuse, Recycling, Composting,
and non-Disposal Recovery for all C&D Debris generated by the
Project. The City intends for the maximum amount of C&D Debris
to be Recovered and returned into the economic mainstream, thereby
conserving natural resources and stimulating markets for Recoverable
materials. The City Manager or their designee is authorized to establish
guidelines to implement the requirements of this Chapter, which may
be amended from time to time.
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
As used in this section:
Shall mean 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.
Shall mean construction, alteration, movement, enlargement,
replacement, repair, use and occupancy, location, maintenance, and
removal of every structure or any appurtenances connected or attached
to such buildings or structures.
Shall mean the designated staff person(s) authorized and
responsible for implementing this section.
Shall mean the building of any facility or structure or any
portion thereof including any tenant improvements to an existing facility
or structure. Construction refers to Standard Industrial Classification
("SIC") Codes 1521 through 1794, 1796, and 1799.
Shall mean discarded materials, packaging, and rubble resulting
from construction, renovation, or demolition operations on any pavements,
houses, commercial buildings, or other structures.
Shall mean any Person or entity holding, or required to hold,
a contractor's license of any type under the laws of the State
of California, or who performs (whether as contractor, subcontractor,
owner-builder, or otherwise) any Deconstruction, Demolition, and Construction
in association with a Project.
Shall mean the rate set forth in the standardized Conversion
Rate Table approved by the City pursuant to this section for use in
estimating the volume or weight of materials identified in a debris
recycling statement.
Shall have the meaning set forth in subsection 12-11.3a of
this section.
Shall mean the form completed and approved pursuant to subsection 12-11.4 of this section, submitted by the applicant for any covered or noncovered Project.
Shall mean the process of systematically dismantling a structure,
or a portion thereof, to maximize the potential to Reclaim Reusable
C&D Debris and minimize the amount of C&D Debris that are
Disposed. Deconstruction includes adherence to the City's health
and safety protocols for such activities.
Shall mean decimating, razing, ruining, tearing down or wrecking
of any facility, structure, pavement, or building, whether in whole
or in part, whether interior or exterior. Demolition refers to SIC
Code 1795.
Shall mean the final disposition of C&D Debris to a Landfill.
Shall mean the diversion of one hundred (100%) percent of the asphalt, concrete and similar material and at least sixty-five (65%) percent, by weight, of all other C&D Debris generated by the project, unless the applicant has been granted an infeasibility exemption pursuant to subsection 12-11.4 of this section, in which case the diversion requirement shall be the diversion of one hundred (100%) percent of the asphalt, concrete and similar material, and the maximum feasible diversion of all other C&D Debris generated by the project, as established by the Building Official for the project.
Shall mean to use material for any purpose other than disposal
in a landfill.
Shall mean the agreement between the City and its contractor
pursuant to California Public Resources Code section 40059(a) for
solid waste, recyclable materials, and organic materials services.
Shall have the meaning set forth in subsection 12-11.6 of this section.
Shall mean a facility for the Disposal of non-Recoverable
waste defined in CCR Title 27.
Shall have the meaning set forth in subsection 12-11.3b of
this section.
Shall mean any performance bond, surety bond, cashier's
check, letter of credit, or certificate of deposit submitted to the
City pursuant to subsection 12-11.4d of this section.
Shall mean a Deconstruction or Demolition and/or Construction
permit issued by the City's Building Department.
Shall mean activity which requires an application for a building
permit and/or a demolition permit or any similar permit from the City.
Shall mean the controlled removal of C&D Materials from
a Project for the purpose of Reuse or Recycling.
Shall mean the process of collecting, delivering, sorting,
cleansing, treating, and reconstituting materials that would otherwise
become solid waste, and returning 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.
Shall mean the change, addition, or modification in an existing
structure.
Shall mean further or repeated use of construction or demolition
debris.
Shall mean the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose
of recycling, reuse, or storage for later recycling or reuse.
Shall mean a form completed pursuant to subsection 12-11.5b
of this section, summarizing the diversion of C&D Debris generated
by a covered project.
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
a.
Thresholds for Covered Projects. The provisions
of this section shall apply to all construction, demolition, and/or
renovation projects within the City with a permit valuation in excess
of seventy-five thousand ($75,000.00) dollars as determined by the
City's Building Official or designee. The seventy-five thousand
($75,000.00) dollars threshold shall be calculated as the total or
projected costs of construction, demolition, and/or renovation. Notwithstanding
the foregoing, covered projects shall include any project involving
only demolition with a permit valuation in excess of twenty-five thousand
($25,000.00) dollars.
b.
Noncovered Projects. Applicants for projects that
do not meet the valuation threshold requirement set forth in subsection
12-11.3a shall be encouraged to meet the diversion requirement standards
set forth in this section.
c.
Compliance Gas a Condition of Approval. Compliance
with the provisions of this section shall be included as a condition
of approval on all building and/or demolition permits issued for covered
Projects. The City has entered into an exclusive Franchise Agreement,
which provides C&D Debris collection services for residential
and commercial customers. Applicants may comply with this chapter
in one (1) of two (2) ways:
1.
Applicants may use the C&D Debris collection
services of the City's contractor. As provided in the Franchise
Agreement, the City's contractor must provide C&D Debris
collection upon the request of residential and commercial customers;
or
d.
Applicants must also comply with the CALGreen requirements
and any future changes to that Code.
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
a.
Submission of Debris Recycling Statements. Applicants
for building and/or demolition permits involving covered projects
shall complete and submit a debris recycling statement (DRS) on a
form provided by the City. The completed DRS form shall indicate whether
or not the applicant intends to use the City's contractor for
its C&D Debris collection services.
b.
Applicants shall ensure, for the life of the Project,
that all C&D Debris Recovered or Disposed are measured, recorded,
and documented by weight or volume using the most accurate method
of measurement available. To the extent practicable, all C&D Debris
shall be weighed using scales that are compliant with all regulatory
requirements for accuracy and maintenance. For C&D Debris for
which weighing is not possible due to lack of scales or not practical
due to Deconstruction and/or Reuse methods or other considerations,
a volumetric measurement may be used, or approximate weights may be
applied to detailed inventories. Applicants shall convert volumetric
measurements to weight using standardized conversion factors approved
by the City. Applicants shall keep all documentation of all Recovery
and/or Disposal of all C&D Debris generated by Project.
c.
Selection of City's Contractor. If the applicant's DRS form indicates that the City's contractor will provide C&D Debris collection services, either because the applicant does not fall within one of the exceptions to the exclusive franchise or because the applicant falls within such an exception but chooses to have C&D Debris collected by the City's contractor, the applicant shall make arrangements directly with the City's contractor for the collection of C&D Debris. Once the applicant contacts the City's contractor for C&D Debris collection services and makes a good faith effort to provide C&D Debris for collection by the City's contractor, the applicant will be deemed to have complied with this section so long as the applicant submits a Summary Report pursuant to subsection 12-11.5 of this section.
d.
Election to Not Use the City's Contractor.
Applicants that indicate on their DRS form that they will not use
the City's contractor for C&D Debris collection must include
and indicate all of the following on the completed DRS form:
1.
The specific exception of the Franchise Agreement
under which the applicant may refuse C&D Debris collection services
by the City's contractor;
2.
The estimated volume or weight of the C&D Debris,
by type of material generated;
3.
The estimated volume or weight of materials, by
material type, that can feasibly be diverted via reuse or recycling;
4.
The vendor or facility that the applicant proposes
to use to collect and/or receive the diverted material; and,
5.
The estimated volume or weight of materials that
will be deposited in a landfill.
For the purposes of this section, the applicant shall use standardized
conversion rates, approved by the City, to estimate the volume and
weight of materials identified in the DRS.
Applicants that elect not to use the City's contractor
may not rely on one of the above-described exceptions for waste generated
by human activity other than construction and demolition. Applicant
shall arrange for the collection of such waste on a weekly basis by
the City's contractor.
e.
Performance Security. Applicants for all covered
projects that have elected not to use the City's contractor shall
submit a performance security with the DRS. The amount of the performance
security shall be calculated as the lesser of three (3%) percent of
total project cost or ten thousand ($10,000.00) dollars. Acceptable
forms of performance security include the following: performance bonds;
surety bonds; cashier's checks; letters of credit drawn on an
established California bank; and certificates of deposit. The City's
Building Official may waive the performance security if the total
security required pursuant to this subsection would be fifty ($50.00)
dollars or less.
f.
Review of Debris Recycling Statements.
1.
Time frame for Review. The Building Official will
review the DRS and advise the applicant within five (5) working days
of receipt of the DRS of the decision regarding approval or non approval.
2.
Approval of Debris Recycling Statement. No building,
demolition or similar permit shall be issued unless and until the
Building Official has approved the DRS for the project. A DRS shall
only be approved if the Building Official determines that the following
conditions have been met:
(a)
The DRS provides all of the information required
by this section; and,
(b)
The DRS form indicates that the applicant elects
to use the services of the City's contractor for C&D Debris
collection; or
(c)
The DRS form indicates that the applicant elects
not to use the City's contractor; and
(1)
The applicant has submitted an appropriate performance
security in compliance with this subsection; and
(2)
The DRS indicates that one hundred (100%) percent
of the asphalt, concrete, and similar material, and at least fifty
(50%) percent, by weight, of all other C&D Debris generated by
the project as a whole will be diverted; or
(3)
The DRS indicates that one hundred (100%) percent
of the asphalt, concrete, and similar material will be diverted, and
has obtained an exemption pursuant to paragraph 5(d) below; or
(4)
The DRS indicates that the project will generate
a negligible amount of C&D Debris. The determination of whether
the project will generate a negligible amount of C&D Debris shall
be at the discretion of the Building Official. If the Building Official
determines that the applicant has met the conditions set forth above,
the DRS shall be marked "Approved". A copy of the approved DRS shall
be returned to the applicant.
3.
Non approval of Debris Recycling Statement. If the
Building Official determines that the applicant has failed to meet
one (1) or more of the conditions set forth above, the DRS will be
returned to the applicant requesting full documentation of the reasons
that the requirements of this section cannot be met, or returned to
the applicant marked "Denied". If the DRS is returned marked "Denied",
it shall be accompanied by a statement of reasons for denial. No building
permit shall be issued for a project until the submitted DRS has been
approved by the Building Official.
4.
Emergency Demolition. No DRS is required where an
authorized official of the City has made a determination that immediate
demolition is required to protect the public health or safety from
imminent peril.
5.
Infeasibility Exception.
(a)
Application of this Section: This subsection 12-11.4f
applies only to applicants for covered projects that have elected
not to use the City's contractor.
(b)
DRS Form: If an applicant 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 DRS required under subsection 12-11.4. The applicant shall indicate on the DRS the maximum rate of diversion and/or quantity of material 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.
(c)
Meeting with Building Official: The City Building
Official shall review the information supplied by the applicant and
may meet with the applicant to discuss possible ways of meeting the
diversion requirement. Upon request of the City, the Building Official
may request that staff from the Alameda County Waste Management Authority
attend this meeting. Based on the information supplied by the applicant
and, if applicable, Alameda County Waste Management Authority staff,
the Building Official shall determine whether it is possible for the
applicant to meet the diversion requirement.
(d)
Granting of Exemption: If the Building Official
determines that it is infeasible for the applicant to meet the diversion
requirement due to unique circumstances, the Building Official shall
determine the maximum feasible diversion rate for each material and
shall indicate this rate on the DRS submitted by the applicant. The
Building Official shall return a copy of the DRS to the applicant
marked "Approved for Infeasibility Exemption" and shall notify the
Building Department that the DRS has been approved.
(e)
Denial of Exemption: If the Building 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 thirty (30) days to resubmit a DRS form in full compliance with subsection 12-11.4 of this section. If the applicant fails to resubmit the DRS, or if the resubmitted DRS does not comply with subsection 20.68.040 of the Albany Municipal Code, the Building Official shall deny the DRS in accordance with subsection 12-11.4e of the Albany Municipal Code.
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
a.
Weighing of C&D Debris. Applicants electing
not to use the City's contractor shall make every reasonable
effort to assure that all C&D Debris diverted and/or deposited
in a landfill is measured and recorded using the most accurate method
of measurement available. To the extent possible, all C&D Debris
shall be weighed by measurement on scales. Such scales shall be in
compliance with all regulatory requirements for accuracy and maintenance.
A volumetric measurement shall be used for all C&D Debris for
which weighing is not practical due to small size or other considerations.
Volumetric measurements shall be converted to weight by using the
conversion rates approved by the City for this purpose.
b.
Determination of Compliance. Within thirty (30)
days after the completion of any covered project, the applicant shall
complete and submit a summary report on a form provided by the City.
Applicants may demonstrate compliance with this section in one (1)
of two (2) ways:
1.
Applicants may demonstrate compliance by submitting
a summary report indicating that it used the services of the City's
contractor for C&D Debris collection; or
2.
Applicants that did not use the City's contractor
for C&D Debris collection shall so indicate on the Summary Report
and include supporting documentation such as receipts and weights
tags for C&D Debris generated by the covered project. The Building
Official shall review the Summary Report and its supporting documentation
to determine whether the applicant has achieved the diversion requirement.
Such determination shall be based upon the requirements of this section
and the following guidelines:
(a)
Full Compliance: The applicant shall be found to
have fully complied with this section if the Building Official determines
that the applicant has complied with the diversion requirement applicable
to the project. If the Building Official determines that the Applicant
has fully complied with the Diversion Requirement applicable to the
Project, he or she shall cause the full amount of the Performance
Security to be released to the Applicant.
(b)
Good Faith Effort to Comply: If the Building 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 to comply with this section. In making
this determination, consideration may be given to information submitted
by the applicant, including but not limited to the availability of
markets for the C&D Debris that was not diverted, the size and
nature of the project, and the documented efforts of applicant to
divert C&D Debris and the barriers encountered. If the Building
Official determines that the applicant has made a good faith effort
to comply with the diversion requirement and documentation provisions
herein above set forth, he or she shall release the performance security,
or a portion thereof, to the applicant. Any portion of the performance
security not released to the applicant shall be forfeited to the City
and shall be used for the purposes of promoting recycling within the
City.
(c)
Noncompliance: If the Building Official determines
that (1) the diversion requirement applicable to a covered project
has not been achieved; (2) the applicant has failed to submit the
documentation required by this section within the required time period;
or (3) that a good faith effort was not made, then the applicant shall
be in "Non Attainment" status and the performance security shall be
forfeited to the City. All forfeited performance securities shall
be used for the purposes of promoting recycling within the City.
c.
Right to Monitor and Inspect. The City shall have
the right to inspect all covered projects subject to this section
to determine levels of actual diversion activities and validate the
information contained in the DRS and Summary Report. Upon request
by the City, an applicant electing not to use the City's contractor
shall provide documentation, papers and records relating to the disposal
of C&D Debris for an affected project.
d.
Supporting Documentation. Applicants for all covered
projects that have elected not to use the City's contractor shall
retain receipts and weight tags for the quantities of materials reused,
salvaged, recycled, and deposited in a landfill as indicated in the
Summary Report for a period of one (1) year following the final inspection
and issuance of temporary or final certificate of occupancy. Applicant
shall make such records available to the City for inspection and copying
upon request.
e.
Targeted Materials. In furtherance of the goals
established by this section, the Community Development Director shall
establish a list of materials that could potentially be reused, recycled,
or salvaged, and may amend the list based upon local markets and conditions,
the economic feasibility of compliance and the availability of local
recycling facilities.
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
Any applicant affected by any decision, action or determination
made by the Building Official regarding this section may file with
the City Clerk a written appeal within ten (10) days of such decision,
action or determination, setting forth in detail the facts supporting
the applicant's appeal. The City Administrator shall appoint a Hearing
Officer who shall hear the appeal within thirty (30) days from the
date of filing. The Hearing Officer shall render a written decision
within fourteen (14) days of the close of the hearing. The Hearing
Officer's determination shall be final.
[Ord. #06-017; amended 7-15-2024 by Ord. No. 2024-03]
Notwithstanding any other provision of this section, violations of this section may be enforced in the following manner: (1) Pursuant to Chapter 1 of this Code; (2) by a stop work order issued by the Building Official where work on the project has already commenced; or (3) in any other manner provided by law.
