The State through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the State divert 50 percent of discarded materials (base year 1990, State methodology) from landfill. The State through its California Green Building Standards Code, 24 CCR, Part 11 (CALGreen) sets minimum diversion standards and establishes other requirements related to handling of construction and demolition debris.
The State through its Senate Bill 1383 (SB 1383), the Short-Lived Climate Pollutant Reduction Act of 2016, requires CALRecycle to develop regulations to reduce organic waste in landfills as a source of methane. SB 1383 regulations require jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations, including the requirement, among others, to comply with the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended.
The City could face fines up to $10,000.00 a day for not meeting the above mandated AB 939 goals and SB 1383 program requirements.
Construction and demolition debris constitutes a large portion of the waste stream in the City. These materials have significant potential for waste reduction and recycling.
The City finds that reusing and recycling construction and demolition debris is essential to further the City's efforts to reduce waste and comply with AB 939 and SB 1383.
Reusing construction and demolition debris has proven to reduce the amount of such material from landfills, increase site and worker safety, and be cost effective.
(Ord. 010-08 C.S. § 2, prior code § 7-080; Ord. 2022-06-14-1502 C.S. § 2)
The general purpose of these regulations is to establish and maintain a program to reduce the amount of construction and demolition waste generated within the City that is disposed in landfills. This chapter sets a waste diversion requirement for construction and demolition debris generated at project sites to be reused, recycled or otherwise processed to divert such materials from disposal in landfills. Any party that undertakes a construction, demolition, or renovation project by applying for City permits is responsible for meeting the construction and demolition debris waste diversion requirement.
(Ord. 010-08 C.S. § 2, prior code § 7-081; Ord. 2022-06-14-1502 C.S. § 2)
For the purpose of this chapter, the following definitions shall apply:
"City-Sponsored Projects."
All City-sponsored construction, demolition and renovation projects shall be considered covered projects for the purpose of this chapter and shall submit a construction/demolition recycling plan prior to beginning any construction or demolition activities, and shall be subject to all applicable provisions of this chapter.
"Commercial recyclable material collector"
means a person, firm or corporation that is licensed by the City for the purpose of providing recyclable material collection service within the City limits, and is required to comply with SB 1383 regulations and other applicable law.
"Construction" and "new construction"
means the building and/or modification of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
"Construction and demolition debris" or "C&D"
has the same meaning as construction and demolition debris as defined in Chapter 8.04 of this title.
"Construction/demolition recycling plan"
means a form the permit applicant must submit to the City at the time the permit applicant seeks permits to undertake a construction, demolition and renovation project within the City. The construction/demolition plan is intended to identify the types of materials that will be generated by the project, and how those materials will be transported and disposed.
"Construction/demolition recycling report"
means a form the permit applicant must submit to the City at the conclusion of a construction, demolition and renovation project. The construction/demolition recycling report is intended to document the types and quantities of materials that were recycled or reused, and the quantities of materials that were finally disposed at a landfill. The permit applicant must complete the form and submit it for review and approval by the City for the purpose of compliance with this ordinance.
"Covered projects"
refers to all construction, demolition and renovation projects covered by the scope of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended.
"Divert"
means to use material for any purpose other than disposal in a landfill.
"Industrial waste collector"
means a person, firm or corporation that is licensed by the City for the purpose of providing collection and disposal of industrial waste within the City limits.
"Non-covered projects"
refers to all construction, demolition and renovation projects within the City, regardless of the actual or projected cost of the project. For purposes of this regulation, all permit applicants must submit a completed: (1) construction/demolition recycling plan; and (2) construction/demolition recycling report for review during the permit process.
"Permit applicant"
means 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.
"Review Official"
means the designated staff persons assigned by the Public Works Director and responsible for implementing and managing this chapter. The Review Official will determine the sufficiency of recycling plans and reports submitted by permit applicants, and either approve or deny a permit based on the review of the forms, documentation, and information provided.
"Self-haul"
means the act of transporting debris generated by a construction, demolition or landscape contractor, or an individual performing construction, demolition or landscape work at a covered project site or a non-covered project site and using his or her own vehicle to deliver such debris to a permitted disposal site or recycling facility.
"Waste diversion requirement"
means the diversion minimum for construction and demolition debris generated by a covered project in accordance with California Green Building Standards Code (24 CCR, Part 11), as amended.
(Ord. 010-08 C.S. § 2, prior code § 7-082; Ord. 2022-06-14-1502 C.S. § 2)
A. 
The City will not issue an approved permit for any construction, demolition or renovation project unless and until the permit applicant has performed its responsibilities to comply with the City's construction and demolition debris waste reduction program. All permit applicants for a covered project or a non-covered project have certain responsibilities, as specified below, to meet compliance with this regulation.
B. 
Permit applicants of a covered project are responsible to do the following:
1. 
Obtain from the City a C&D permit packet, which contains the required forms and other resource information needed to comply with waste diversion requirement for a covered project.
2. 
Complete and submit the construction and demolition recycling plan at the time of permit application.
3. 
Complete and submit the construction and demolition recycling report and related receipts and weight tickets within 14 days of final clean up of a covered project site.
4. 
Meet the waste diversion requirement for the covered project.
5. 
Comply with the requirements of the California Green Building Standards Code (24 CCR, Part 11), as amended, or more stringent City requirements as applicable.
C. 
Permit applicants of a non-covered project are responsible to do the following:
1. 
Obtain from the City a C&D permit packet, which contains the required forms and other resource information needed to comply with the waste diversion goals of the City for any construction, demolition and renovation project within the City.
2. 
Complete and submit the construction and demolition recycling plan at the time of permit application.
3. 
Complete and submit the construction and demolition recycling report and related receipts and weight tickets within 14 days of final clean up of a non-covered project site.
D. 
The City Review Official is responsible for the following:
1. 
Provide assistance and information requested by the permit applicant in completing the required forms.
2. 
Review submitted forms in a timely manner and notify the permit applicant regarding any discrepancies and/or missing documentation.
3. 
Notify appropriate City staff if a permit applicant has met the waste diversion requirement of a project.
4. 
Require a hold on the project if the permit applicant has not complied with the requirements of this C&D chapter.
(Ord. 010-08 C.S. § 2, prior code § 7-083; Ord. 2022-06-14-1502 C.S. § 2)
A. 
The authority to collect solid waste (including the collection of construction and demolition debris addressed in this chapter) is regulated by the City as prescribed in the provisions Sections 8.04.240 through 8.04.300. In general, only an industrial waste collector or a commercial recyclable material collector that has obtained a permit from the City may collect and transport construction and demolition debris from a project site to a disposal or processing facility.
B. 
A construction contractor or subcontractor or landscape contractor may self-haul and recycle or dispose of debris from a construction or demolition or landscaping site at which the contractor is performing work, provided that the contractor utilizes its own personnel and equipment and transports debris while performing its own work. Any debris collected on site through general clean-up operations, whether periodically or at the completion of a project, may not be transported and disposed by a third party, unless that third party has secured a necessary solid waste hauling permit from the City (and is therefore registered as an industrial waste collector or a commercial recyclable material collector). The City will provide a list of all industrial waste collectors and commercial recyclable material collectors authorized to collect construction and demolition debris from project sites within the City when it issues the C&D permit packet for the project.
(Ord. 010-08 C.S. § 2, prior code § 7-084; Ord. 2022-06-14-1502 C.S. § 2)
A. 
All permit applicants of covered projects or non-covered projects shall identify the types of materials expected to be generated as a result of the construction, demolition or renovation project at the time of the permit application. Permit applicants for covered project are required to meet the waste diversion requirement established by this chapter for materials generated as discards by the project, regardless of whether the permit applicant performs the work or hires contractors, subcontractors or others to perform the work.
B. 
Within 14 days following the completion of the construction, demolition or renovation project, the permit applicant shall submit recycling/reuse and disposal documentation to the Review Official. Documentation shall consist of a final completed "construction and demolition debris recycling report" showing tons recycled/reused and disposed by material type, supported by copies of weight tickets, receipts or other records of measurement from recycling companies, deconstruction contractors and/or landfill disposal companies. The City will provide a list of recycling companies in the Stockton area that receive and recycle various types of materials generated from construction and demolition projects when it issues the C&D permit packet for the project.
(Ord. 010-08 C.S. § 2, prior code § 7-085; Ord. 2022-06-14-1502 C.S. § 2)
The City reserves the right to initiate any or all of the following actions in the event a permit applicant of a covered project fails to meet the waste diversion requirement or fails to submit a completed construction/demolition recycling plan and report and the associated documentation that is required of this chapter:
A. 
Issue a stop work order on the construction and/or other permits pertinent to the covered project until the project applicant has submitted all required forms and documentation; and/or
B. 
Issue penalties and conduct enforcement action in accordance with Section 8.04.360 for violations of activities regulated under Chapter 8.04 or 14 CCR Section 18989.1.
(Ord. 010-08 C.S. § 2, prior code § 7-086; Ord. 2022-06-14-1502 C.S. § 2)
Any person dissatisfied with any action taken or any decision made by the Review Official assigned by the Public Works Director with regard to the provisions of this chapter may appeal pursuant to the provisions of Chapter 1.44 of this code.
(Ord. 010-08 C.S. § 2, prior code § 7-087; Ord. 2022-06-14-1502 C.S. § 2)