For purposes of this chapter, the following definitions apply:
“Construction and demolition debris”
means and includes the following:
(1)
Discarded materials generally considered to be not water soluble
and nonhazardous in nature, including but not limited to steel, copper,
aluminum, glass, brick, concrete, asphalt material, pipe, gypsum,
wallboard, and lumber from the construction or destruction of a structure
as part of a construction or demolition project or from the renovation
of a structure and/or landscaping, including rocks, soils, tree remains,
trees, and other vegetative matter that normally results from land
clearing, landscaping and development operations for a construction
project;
(2)
Remnants of new materials, including, but not limited to: cardboard,
paper, plastic, wood, and metal scraps from any construction and/or
landscape project.
“Contractor”
means any person, corporation, partnership, or other 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 construction,
demolition, remodeling, renovation, or landscaping service relating
to buildings or accessory structures in the corporate city limits
of the city of South San Francisco.
“Covered project”
means and includes any project which consists of one or more
of the following:
(1)
Demolition work that generates construction and demolition debris
where the valuation of the work exceeds five hundred dollars, as determined
by the building official, or designee.
(2)
The renovation, remodel or addition to an existing structure,
or the construction of a new structure where the cost of the work
exceeds fifty thousand dollars, as determined by the building official,
or designee.
(3)
Commercial, residential, or multifamily residential development
and any new structure that is equal to or greater than two thousand
square feet.
(4)
All re-roofing tear-offs that exceed one hundred square feet.
“Designated recyclable and reusable materials”
means and includes:
(1)
Inert solids, including asphalt, concrete, rock, stone, brick,
sand, soil and fines;
(2)
Wood materials, including any and all dimensional lumber, fencing
or construction wood that is not chemically treated, creosoted, CCA
pressure treated, contaminated or painted;
(3)
Vegetative materials, including trees, tree parts, shrubs, stumps,
logs, brush or any other type of plants that are cleared from a site
for construction or other use;
(4)
Metals, including all metal scrap such as, but not limited to,
pipes, siding, window frames, door frames and fences;
(5)
Roofing materials including wood shingles and shakes as well
as asphalt, stone and slate based roofing material;
(6)
Salvageable materials and structures, including, but not limited
to, doors, windows, fixtures, hardwood flooring, sinks, bathtubs and
appliances;
(7)
Any other materials that the building official determines can
be diverted due to the identification of a recycling facility, reuse
facility, or market accessible from the county.
“Salvage”
means the controlled removal of materials from a covered
project, for the purpose of reuse or storage for later reuse.
“Waste management plan”
means a plan submitted on a form approved by the city that indicates how all construction and/or demolition debris from the project will be salvaged, reused, or recycled. (See Section
15.60.030 Diversion Requirements.)
(Ord. 1532 § 1, 2017)
Contractors are encouraged to make every structure planned for
demolition available for deconstruction, salvage, and recovery prior
to demolition; and to recover the maximum feasible amount of salvageable
designated recyclable and reusable materials prior to demolition,
but at least at the rate set forth in Section 4.408 of Chapter 4 of
the California Green Building Standards Code (CALGreen), as may be
amended from time to time.
Recovered and salvaged designated recyclable and reusable materials
from the deconstruction phase shall be counted towards the diversion
requirements of this chapter.
(Ord. 1532 § 1, 2017)
Construction and demolition debris diversion must comply with
Section 4.408 of Chapter 4 of the California Green Building Standards
Code (CALGreen), as may be amended from time to time, requirement
of generated construction materials and any future changes to the
diversion rate under that applicable section.
The diversion requirements of this chapter shall be met by submitting
and following a waste management plan that includes the following:
(1) Deconstructing and salvaging all or part of the structure as practicable;
and
(2) Directing one hundred percent of inert solids to reuse or recycling
facilities approved by the city; and
(3) Either:
(a) Taking all mixed construction and demolition debris to mixed construction
and demolition debris recycling facilities approved by the city and
taking all sorted or crushed construction and demolition debris to
approved facilities, or
(b) Source separating noninert materials such as cardboard and paper,
wood, metals, green waste, new gypsum wallboard, tile, porcelain fixtures,
and other easily recycled materials, and directing them to recycling
facilities approved by the city and taking the remainder to a facility
for disposal. In this option, calculations must be provided to show
that the minimum amount of debris as specified by Section 4.408 of
Chapter 4 of CALGreen has been diverted.
(Ord. 1532 § 1, 2017)
Every contractor shall submit a properly completed waste management
plan, on a form prescribed by the city’s building division,
as an integral part of the building or demolition permit application
process for a covered project. The waste management plan shall indicate
the intended salvage, reuse, and recycling facilities, chosen from
a list of facilities approved by the city, for all construction and/or
demolition debris from the project. Approval of alternative facilities
or special salvage or reuse options may be requested of the building
official, or designee. Approval by the building official, or designee,
of the waste management plan as complying with this chapter shall
be a condition precedent to the issuance of any building or demolition
permit for a covered project.
(Ord. 1532 § 1, 2017)
As a condition precedent to the issuance of any building or
demolition permit for a covered project, the applicant shall pay a
fee as established by resolution to compensate the city for all expenses
incurred in administering this chapter.
(Ord. 1532 § 1, 2017)
As a condition precedent to issuance of any permit for a building
or a demolition permit that involves the production of solid waste
destined to be delivered to a landfill, the applicant shall post a
cash deposit or bond in the amount of fifty dollars for each estimated
ton of construction and/or demolition debris, but not less than one
hundred dollars or more than fifty thousand dollars.
The cash deposit or bond shall be returned, without interest,
in total or in proportion, upon proof to the satisfaction of the building
official, or designee, that no less than the required percentages
or proven proportion of those percentages of the tons of debris generated
by the demolition and/or construction project have been diverted from
landfills and have been recycled or reused. If the lesser percentage
of tons or cubic yards than required is diverted, a proportionate
share of the deposit will be returned. The deposit shall be forfeited
entirely or to the extent that there is a failure to comply with the
requirements of this chapter.
(Ord. 1532 § 1, 2017)
No later than thirty days following the completion of a demolition
project or construction project, the contractor shall, as a condition
of final approval and for issuance of any certificate of occupancy,
submit documentation to the city that demonstrates compliance with
the requirements of this chapter.
The documentation shall consist of photocopies of receipts and
weight tags or other records of measurement or equivalent documentation
from recycling companies, deconstruction contractors, and landfill
and disposal companies. The contractor’s approved waste management
plan shall be completed by recording and confirming the type of debris
diverted and the facilities to which it was taken. The contractor
shall sign the completed waste management plan form to certify its
accuracy as part of the documentation of compliance.
(1) Progress reports during construction may be required.
(2) All documentation submitted pursuant to this section is subject to
verification by the city.
It is unlawful for any person to submit documentation to the
city under this section which that person knows to contain any false
statements, including, but not limited to, false statements regarding
tonnage of materials recycled or diverted, or to submit any false
or fraudulent receipt or weight tag or other record of measurement.
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(Ord. 1532 § 1, 2017)
Each violation of the provisions of this chapter shall constitute
a misdemeanor, and shall be punishable as provided for in Section
36901 of the
Government Code, as that section or its successor reads
at the time of the offense. Each day that a violation continues shall
be deemed a new and separate offense.
The building official or designee shall have the authority to
enforce this chapter as specified in Section 15.06.060 of the South
San Francisco Municipal Code, including, but not limited to, the authority
to order that work be stopped where any work is being done contrary
to the provisions of this chapter.
(Ord. 1532 § 1, 2017)