|
|
7.33 Recycling and Salvaging of Construction and Demolition Debris
Sections:
7.33.010 Title.
7.33.015 Purpose.
7.33.020 Definitions.
7.33.025 Deconstruction, salvage and recovery.
7.33.030 Landfill diversion requirements.
7.33.040 Exceptions to diversion requirements.
7.33.050 Information required before issuance of permit.
7.33.060 Deposit required.
7.33.070 On-site practices.
7.33.080 Reporting.
7.33.090 Responsible party.
7.33.010 TITLE. This Chapter shall be known as the “Construction and Demolition Debris Ordinance” and may be so cited. (Ord. 2006-7 § 1 (part), 2006).
7.33.015 PURPOSE. The purpose of this ordinance is to require that an applicant of a “covered project” recycle construction and demolition (C&D) debris resulting from that project at a minimum rate of 50 percent for alterations and 60 percent for other covered projects, and in so doing help the City 1) reduce landfill waste; 2) foster resource conservation; and 3) help the City meet and exceed a diversion rate of 50 percent, as required by the California Integrated Waste Management Act of 1989. (Ord. 2006-7 § 1 (part), 2006).
7.33.020 DEFINITIONS. For the purposes of this chapter, certain terms used herein are defined as set forth below:
“Alteration” 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.
“Alternative Daily Cover (ADC)” means materials other than soil that have been approved by the California Integrated Waste Management Board for use as an overlay on an exposed landfill face.
“Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, industry, public or private corporation, property owner, contractor, architect 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.
“Building” means, for the purposes of this chapter, any residential, commercial, industrial, or institutional structure, but does not include fences, gates or appurtenances located on a premise.
“Contractor” 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 or owner-builder) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in San Mateo.
“Construction and Demolition (C&D) Debris” means and includes:
(a) 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 demolition of a Structure or Hardscape Improvement as part of a construction or demolition project or from the renovation of a Structure, Hardscape Improvement, 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 project;
(b) Clean cardboard, paper, plastic, wood and metal scraps from any construction and/or landscape project; and
(c) Minimal amounts of other non-hazardous wastes that are generated at the construction or demolition projects provided such amounts are consistent with best management practices of the industry.
“Covered Project” means the construction of any completely new residential or commercial building, the demolition or removal of any residential or commercial building, or the alteration of any building when the value of such alteration meets or exceeds $50,000. This includes the building, as well as property features such as paving and ancillary improvements. Notwithstanding the above, the Director of Public Works may waive the requirements of this ordinance in total or in part when necessary to protect the public safety.
“Deconstruction” means the soft demolition of any facility, Structure, Hardscape Improvement or building through a planned dismantling and salvaging of reusable materials and parts.
“Demolition” means, for the purposes of the recycling and diversion requirements in this chapter, the intentional removal or partial removal of an existing building.
“Designated Recyclable and Reusable Materials” means that portion of C&D Debris that includes the following:
(a) Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick;
(b) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated or painted;
(c) 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;
(d) Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;
(e) Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material;
(f) Salvageable materials and structures, including, but not limited to gypsum wallboard, doors, windows, mantelpieces, cabinets, lighting fixtures, toilets, sinks, bathtubs, appliances, decorative molding, flooring, carpeting, reusable hardware, bricks and decorative tiles in good repair; and
(g) Any other materials which the Director of Public Works or designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to San Mateo, including facilities which can further sort mixed C&D Debris through mechanical and/or manual processes in order to remove additional materials for reuse or recycling.
“Diversion” means any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of materials, which causes materials to be diverted from disposal in landfills or incinerators and instead put to use as the same or different product. ADC shall not be considered a bonafide means of diversion for new construction or building demolition projects covered under this ordinance. ADC shall be allowed for alteration projects covered under this ordinance.
“Hardscape Improvements” means swimming pools, driveways, parking lots, walkways, patios and decks.
“Non-Recyclable/Non-Reusable Materials means that portion of C&D Debris for which there is no available facility within sixty (60) miles of the City of San Mateo boundaries for the return of these materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
“Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting discarded materials that meet the quality standards necessary to be reused, remanufactured or processed.
“Salvage” means the controlled removal of Designated Recyclable and Reusable Materials from C&D Debris, from a Covered Project, for the purpose of recycling, reuse, or storage for later recycling or reuse.
“Structure” means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.025 DECONSTRUCTION, SALVAGE, AND RECOVERY.
(a) Structures and/or Hardscape Improvements planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition.
(b) It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable materials prior to demolition. In the event the Applicant believes that no materials can be salvaged for reuse or recycling from a particular project, a written form must be completed and provided to the Public Works Department identifying the reasons why salvaging cannot take place. The Director of Public Works or designee will determine whether this requirement shall be waived in whole or in part.
(c) Recovered and salvaged material from the deconstruction phase materials, shall qualify in meeting the diversion requirements of this Chapter.
(d) Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.030 LANDFILL DIVERSION REQUIREMENTS.
(a) Notwithstanding Section 7.33.025(b) above, it is required that at least the following specified percentages of non-inert C&D Debris waste tonnage generated from every Covered Project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs. Inert materials such as soil, concrete and/or asphalt shall not count toward meeting the percentage diversion goals listed below, but are required to be recycled at the rate of 100%.
(1) Demolition Projects: Covered projects shall be required to divert sixty percent (60%) of all generated non-inert C&D waste tonnage.
(2) New Construction Projects: Covered projects shall be required to divert sixty percent (60%) of all generated non-inert C&D waste tonnage.
(3) Alteration Projects: Covered projects shall be required to divert at least fifty percent (50%) of all generated non-inert C&D tonnage.
(b) To ensure that a high percentage of recycled C & D material is reused, remanufactured or processed into viable products, use of the material as Alternative Daily Cover (ADC) shall not count towards reaching the required diversion percentages for demolition or new construction projects. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.040 EXCEPTIONS TO DIVERSION REQUIREMENTS. It is not the intention of this chapter to require the recycling, reuse or diversion of materials not subject to those processes. The Director of Public Works or designee may grant the following exceptions to this Chapter:
(a) An exception to the exclusion of ADC as a bonafide diversion method may be granted. If an exception is granted, any Designated Recyclable and Reusable Materials that are also present must be one hundred (100%) diverted from disposal in a landfill.
(b) In the event that more than forty percent (40%) of the waste tonnage is non-recyclable/non-reusable material, and a good faith effort has been made by the Applicant and the City prior to issuance of a permit to locate a material recycling/reuse facility has been unsuccessful, an exception to the requirements of this chapter may be granted, either in full or in part. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.050 INFORMATION REQUIREMENTS BEFORE ISSUANCE OF PERMIT. Applicants for projects affected under this Chapter shall accurately estimate the tonnage of C&D Debris to be generated from the project, and other information regarding plans or diverting materials generated by the project, on a form or forms provided by the City, and submit the form(s) to the Building Division, as a portion of the building or demolition permit process. Approval of complete and accurate form(s) shall be a condition precedent to issuance of any building or demolition permit. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.060 DEPOSIT REQUIRED. As a condition precedent to issuance of any building or demolition permit that involves a Covered Project, the Applicant shall post a cash or check deposit. For projects involving the demolition of a residential or commercial building, or interior demolition of a commercial space, the deposit shall equal one dollar ($1.00) for each square foot, based on calculations provided and/or approved by the City. For commercial new construction or alteration projects covered by diversion requirements, the deposit shall be 3% of the cost of the project, not to exceed $30,000. For residential new construction or alteration projects, the deposit shall be 3% of the cost of the project, not to exceed $10,000. The minimum deposit for all projects shall not be less than one thousand dollars ($1,000.00). The deposit shall be returned, without interest, in total or pro rata, upon proof to the satisfaction of the Director of Public Works 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. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.070 ON-SITE PRACTICES.
(a) During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the Director of Public Works or designee that can be converted to tonnage. The Director of Public Works or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.
(b) 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, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.
(c) To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.
(d) To the maximum extent feasible on demolition and construction sites, Designated Recyclable and Reusable Materials shall be kept separate from Non-Recyclable/Non-Reusable Materials. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.080 REPORTING.
(a) Within sixty (60) days following the completion of work, the contractor shall submit documentation to the Public Works Department that complies with the requirements of this Chapter.
(b) For a final inspection shall be required prior to determination of final compliance status and processing a request for return of deposit.
(c) The documentation shall describe diversion activities and showing actual tonnage data for diverted and disposed materials, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or 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, or salvaged.
(d) Any deposit posted pursuant to the requirements of this chapter shall be forfeited if the permittee does not furnish required documentation within 60 days of date of final inspection.
(e) On an annual basis, the Director of Public Works or designee, with assistance from the Building Division shall compile a report that, at 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. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
7.33.090 RESPONSIBLE PARTY. Every Applicant, general contractor, subcontractor and/or owner of property on which a Covered Project occurs shall be responsible for compliance with the provisions of this Chapter. (Ord. 2006-7 § 1 (part), 2006; Ord. 2001-26 § 1, 2001).
|
|
|