For purposes of this chapter, the following definitions apply:
means cover material in addition to at least six inches of
earthen material placed on the surface of the active face of fill
at the end of each operating day to control vectors, fires, odors,
blowing litter, and scavenging.
means cover material in addition to earthen material of at
least 12 inches placed on all fill surfaces where additional cells
are not to be constructed for 180 days or more to control vectors,
fires, odors, blowing litter, scavenging, and drainage. AIC does not
include final cover.
means, for the purposes of the recycling and diversion requirements
in this chapter, any change, addition, or modification in construction
or occupancy of a building or structure.
means any structure used or intended for supporting any use
or occupancy that encompasses 200 square feet or more of area in any
one plane. "Building" does not include decks, fences, balconies, machinery,
equipment, or appliances installed for manufacture or process purposes
only.
means the city chief building official or the chief building
official's designee.
means 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 construction, alteration, demolition,
or landscaping service relating to buildings or structures in the
city.
means, for the purposes of the recycling and diversion requirements
in this chapter, the intentional removal an existing building or structure.
means and includes:
Discarded materials generally considered to be not water soluble
and non-hazardous in nature, including, but not limited to, steel,
glass, brick, concrete, asphalt material, pipe, gypsum, wallboard,
and lumber from the construction or destruction of a structure or
building as part of a construction or demolition project or from the
renovation of a structure and/or landscaping, and including rocks,
soils, tree remains, trees, and other vegetative matter that normally
results from land clearing, landscaping and development operations
for a construction or demolition project;
Clean cardboard, paper, plastic, wood, and metal scraps from
any construction and/or landscape project;
Non-construction and demolition debris wood scraps.
Deminimis amounts of other non hazardous wastes that are generated
at construction or demolition projects, provided such amounts are
consistent with best management practices of the industry.
Mixing of construction and demolition debris with other types
of solid waste will cause it to be classified as other than construction
and demolition debris.
means and includes:
Masonry building materials including all products generally
used in construction including, but not limited to asphalt, concrete,
rock, stone, and brick;
Wood materials including any and all dimensional lumber, fencing
or construction wood that is not chemically treated, creosoted, CCA
pressure treated, contaminated or painted with lead paint.
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.
Metals including all metal scrap such as, but not limited to,
pipes, siding, window frames, door frames and fences.
Roofing materials including wood shingles as well as asphalt,
stone and slate based roofing material.
Salvageable materials including all salvageable materials and
structures including, but not limited to wallboard, doors, windows,
fixtures, toilets, sinks, bath tubs and appliances.
Any other materials that the chief building official determines
can be diverted due to the identification of a recycling facility,
reuse facility, or market accessible from the city.
means cover material that represents the permanently exposed
final surface of a fill.
means, for the purposes of the recycling and diversion requirements
in this chapter, the construction of a completely new structure or
building.
means, for the purposes of the recycling and diversion requirements
of this chapter, anything built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or compose
of parts joined together in some definite manner that encompasses
200 square feet or more of area in any one plane, except decks, fences,
or balconies.
means the total value of new construction or an alteration
as calculated and determined by the chief building official in the
same manner as for permit and building plan review fees under Section
107.2 of the California Building Code as adopted by the city.
(Ord. 1645 § 2, (2000); Ord. 1661 § 2, (2001); Ord. 1704 § 2, (2003))
(b)
No
person shall begin such a demolition or alteration until a period
of five working days has elapsed from the date of issuance of the
demolition or construction permit, in order to facilitate that pre-demolition
deconstruction, salvage and recovery. The owner, the general contractor
and all subcontractors shall recover the maximum feasible amount of
salvageable designated recyclable and reusable materials prior to
demolition or alteration.
(c)
In
the event that it is determined that no materials can be salvaged
for reuse from a particular project, written documentation shall be
provided to the city as to the reasons why salvaging cannot take place
at least three working days before demolition or alteration begins.
(d)
Recovered
and salvaged designated recyclable and reusable materials from the
deconstruction phase shall qualify to be counted in meeting the diversion
requirements of this chapter. Recovered or salvaged materials may
be given or sold on or from the premises at which they were recovered
or salvaged, or may be removed to reuse warehouse facilities for storage
or sale. Title to reusable or recyclable materials forwarded to the
operator of a recycling facility, land-fill, or other disposal facility
will transfer to the service provider upon departure of the materials
from the site.
(1645 § 2, (2000); Ord. 1661 § 2, (2001))
Any property owner or person in charge of a construction site
shall furnish covered litter containers for construction litter, including
construction debris. All waste matter or litter from construction
and related activities shall be picked up and placed in these covered
containers at the end of each working day. Waste matter or litter
receptacles of a sufficient number must be located on the construction
site to receive construction debris, personal litter, and any other
waste matter generated by the employees, workers, invitees, or other
persons using the site.
(Ord. 1802 § 4, (2007))
The minimum percentages of waste tonnage of demolition and construction
debris generated from every demolition, remodeling and construction
project, as defined below, shall be diverted from going to landfills
by using recycling, reuse and diversion programs as follows:
(a)
From
demolition:
For each residential (single-family and multi-family) or nonresidential
demolition in the city: At least 60% of all generated C&D tonnage
from the project shall be diverted, excluding ADC and AIC. When total
tonnage generated from a project includes source-separated soil, concrete
and/or asphalt, the total diversion rate shall remain at 60% but at
least 25% of the C&D tonnage that excludes source-separated soil,
concrete, and asphalt shall be diverted. For example, if total tonnage
generated is 100 tons, the total diverted tonnage shall be at least
60 tons, excluding ADC and AIC. Of this amount, the total tonnage
diverted through materials excluding source-separated soil, concrete
and asphalt, shall be at least 25 tons and the remainder (35 tons
or more) can be obtained through diversion of source-separated soil,
concrete and asphalt.
(b)
From
new construction:
Each residential (single-family and multi-family) new construction
and each nonresidential new construction shall comply with the same
diversion requirements as for demolition: Sixty percent of total waste
tonnage generated from the project shall be diverted, excluding ADC
and AIC. When total tonnage generated from such a project includes
source-separated soil, concrete and/or asphalt, the total diversion
rate shall remain at 60%, excluding ADC and AIC, but at least 25%
of the waste tonnage that excludes source-separated soil, concrete,
and asphalt shall be diverted. For example, if total tonnage generated
is 100 tons, the total diverted tonnage, excluding ADC and AIC, shall
be at least 60 tons. Of this amount, the total tonnage diverted through
materials excluding source-separated soil, concrete and asphalt, shall
be at least 25 tons and the remainder (35 tons or more) can be obtained
through diversion of source-separated soil, concrete and asphalt.
(c)
From
alterations:
Each residential (single-family and multi-family) alteration
with a total value of $50,000 or more and each nonresidential alteration
with a total value of $50,000 or more shall comply with the same diversion
requirements as for demolition: Sixty percent of total waste tonnage
generated from the project shall be diverted, excluding ADC and AIC.
When total tonnage generated from such a project includes source-separated
soil, concrete and/or asphalt, the total diversion rate shall remain
at 60% but at least 25% of the waste tonnage that excludes source-separated
soil, concrete, and asphalt shall be diverted. For example, if total
tonnage generated is 100 tons, the total diverted tonnage shall be
at least 60 tons. Of this amount, the total tonnage diverted through
materials excluding source-separated soil, concrete and asphalt, shall
be at least 25 tons and the remainder (35 tons or more) can be obtained
through diversion of source-separated soil, concrete and asphalt.
(d)
From
roofing:
When the chief building official determines that material from
roofing repair or replacement can be diverted to uses other than ADC
or AIC, the chief building official is authorized to require diversion
of those materials. Upon this determination, the roofing materials
shall be delivered to a facility that diverts material to uses other
than ADC or AIC.
(e)
Separate
calculations and reports will be required for each portion of a project
that involves demolition and alteration, demolition and new construction,
or any combination of the three.
(Ord. 1645 § 2, (2000); Ord. 1661 § 2 (part, (2001); Ord. 1704 § 3, (2003))
(a)
Every
applicant shall submit a properly completed "Recycling and Waste Reduction
Form," on a form as prescribed by the city as an integral part of
the building or demolition permit application process. The applicant's
submission shall include an accurate estimate of the tonnage or other
specified units of construction and demolition debris to be generated
from construction and demolition on the site. Approval of the form
as complete and accurate shall be a condition precedent to issuance
of any building or demolition permit.
(b)
The
chief building official will review the Recycling and Waste Reduction
Form for the purpose of confirming the accuracy of the estimated waste
generation and gathering data on the amount of waste generated for
the project in the city.
(Ord. 1645 § 2, (2000); Ord. 1661 § 2, (2001))
(a)
As a condition precedent to issuance of any permit for a building or a demolition permit that is subject to Section 8.17.030 above, the applicant shall post a cash deposit, surety bond, or irrevocable letter of credit in the following amounts:
(1)
For demolition, in the amount of $50 for each ton of demolition and
construction debris estimated to be generated by the demolition;
(2)
For alterations with a total value of $50,000 or more, in an amount
equal to 1.5% of the total value of the alteration, but not to exceed
$3,000 for an alteration to a structure or building that is a single-family
residence or accessory to a single family building or structure, or
$10,000 for any other type of project; and
(3)
For new construction, in an amount equal to 1% of the total value
of the new construction, but not to exceed $7,500.
(b)
If
a project involves demolition and alteration, demolition and new construction,
or any combination of the three , a deposit shall be required for
each portion of the project and be calculated pursuant to this section
for each portion.
(c)
The
deposit or cash bond shall be returned, without interest, in total
or in proportion, upon proof to the satisfaction of the chief building
official, that no less than the required percentages or proven proportion
of those percentages of the tons of debris generated by the demolition,
alteration, or new construction have been diverted from landfills
and have been recycled or reused. If a 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 for timely reporting or compliance with the percentage
diversion.
(1645 § 2, (2000); Ord. 1661 § 2, (2001))
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 pay to
the city a fee as established by resolution to compensate the city
for all expenses incurred in administering the permit.
(Ord. 1645 § 2, (2000); Ord. 1661 § 2, (2001))
During the term of the demolition or construction project, the
contractor shall recycle or divert the required percentages of materials,
and keep records of diversions in tonnage or in other measurements
approved by the city that can be converted to tonnage. The chief building
official will evaluate and monitor contractor reports from each project
to gauge the percentage of materials recycled, salvaged, and disposed
from the project. To the maximum extent feasible, on-site separation
of scrap wood and clean green waste in a designated debris box or
boxes shall be arranged, in order to permit chipping and mulching
for soil enhancement or land cover purposes. In order to protect chipping
and grinding machinery and personnel, metal and other materials which
cannot be chipped or ground shall not be placed in such boxes. On-site
separation for recycling and salvaging of other materials shall be
undertaken to the extent feasible.
(1645 § 2, (2000); Ord. 1661 § 2, (2001))
(a)
No later than 60 days following the completion of a demolition project or construction project, the contractor shall, and as a condition of final inspection and for issuance of any certificate of occupancy if applicable, submit documentation to the city that proves compliance with the requirements of Section 8.17.030. The documentation shall consist of a final completed "Recycling and Waste Reduction Form" showing the tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If mixed debris is taken to a facility that provides both mixed C&D processing and disposal services, documentation shall be provided to show that the delivered materials were processed for recycling and also indicate the average diversion rate achieved by the facility from mixed load processing.
(b)
If a project involves demolition and alteration or new construction, the report and documentation for the demolition portion of the project shall be submitted no later than 60 days following the completion of the demolition portion of the project, and must be approved by the city before issuance of a building permit for the alteration or new construction portion of the project. The permittee shall then submit the report and documentation for the alteration or new construction portion of the project no later than 60 days following completion of the alteration or new construction portion as specified in subsection (a) above.
(c)
As
an alternative, a permittee may submit a declaration stating that
no waste or recyclable materials were generated from the permittee's
project or a particular portion of a project.
(d)
Any deposit posted pursuant to Section 8.17.050 shall be forfeited to the city if the permittee does not meet the time requirements for reporting pursuant to this section.
(e)
All
reports, letters, and documentation submitted pursuant to this section
are subject to verification by the city.
(f)
On
an annual basis, the chief building official will compile a report
that, at a minimum, describes the number and type of permits issued,
the number and type of projects covered by diversion requirements,
the total tonnage generated, and the estimated diversion resulting
from these projects.
(g)
It
is unlawful for any person to submit a report to the city under this
section that the person knows to contain any false statement of tonnage
of materials recycled or diverted, or any false or fraudulent receipt
or weight tag or other record of measurement.
(1645 § 2, (2000); Ord. 1661 § 2, (2001))
In order to ensure that the values provided by this chapter
that trigger requirements for reporting, diversion, and recovery remain
fair and equitable, the values shall be adjusted by the chief building
official according to the following formula:
On July 1 of each year, the values payment shall be increased
or decreased by the percentage change in the Consumer Price Index
– All Urban Consumers/All Items (CPI-U, 1982-84=100) for the
San Francisco-Oakland-San Jose, CA Metropolitan Area between April
2001 (189.1) and April of the adjustment year.
The adjusted values shall be filed with the city clerk.
(Ord. 1661 § 2, (2001))
Notwithstanding any other provision of this chapter, the provisions
of this chapter will apply to any construction project that the chief
building official determines will generate five tons or more of construction
or demolition debris.
(Ord. 1661 § 2, (2001))
