[Ord. #06-017]
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). These requirements shall apply to affected projects as specified
in this section.
[Ord. #06-017]
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 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 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 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 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 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 diversion of one hundred (100%) percent of the asphalt, concrete and similar material and at least fifty (50%) percent, by weight, of all other construction and demolition 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 construction and demolition 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 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 activity which requires an application for a building
permit and/or a demolition permit or any similar permit from the City.
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 construction and demolition debris generated by a covered project.
[Ord. #06-017]
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 as 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
construction and demolition 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 construction and demolition debris collection
services of the City's contractor. As provided in the Franchise Agreement,
the City's contractor must provide construction and demolition debris
collection upon the request of residential and commercial customers;
or
[Ord. #06-017]
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 construction
and demolition debris collection services.
b.
Selection of City's Contractor. If the applicant's DRS form indicates that the City's contractor will provide construction and demolition 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 its construction and demolition debris collected by the City's contractor, the applicant shall make arrangements directly with the City's contractor for the collection of construction and demolition debris. Once the applicant contacts the City's contractor for construction and demolition debris collection services and makes a good faith effort to provide construction and demolition 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.
c.
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
construction and demolition 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 construction and demolition services by the City's
contractor;
2.
The estimated volume or weight of the construction and demolition
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.
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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.
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d.
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.
e.
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 nonapproval.
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 construction and demolition
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 construction and demolition 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 construction and demolition debris. The determination of
whether the project will generate a negligible amount of construction
and demolition 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.
Nonapproval 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 12-11.4e 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]
a.
Weighing of Construction and Demolition Debris. Applicants electing
not to use the City's contractor shall make every reasonable effort
to assure that all construction and demolition 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 construction
and demolition 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 construction and demolition 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
construction and demolition debris collection; or
2.
Applicants that did not use the City's contractor for construction
and demolition debris collection shall so indicate on the Summary
Report and include supporting documentation such as receipts and weight
tags for construction and demolition 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 construction
and demolition debris that was not diverted, the size and nature of
the project, and the documented efforts of applicant to divert construction
and demolition 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 construction and demolition
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 a 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]
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]
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.
