CHAPTER 7
ADMINISTRATIVE PROVISIONS FOR
THE PROCESSING OF CONSTRUCTION AND DEMOLITION DEBRIS
Section 5700. Findings.
(a) The District finds that the State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), required that each local jurisdiction in the state divert 50% of discarded materials (base year 1990, state methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that diversion rate.
(b) The District finds that every local jurisdiction, city and county in California, including Castro Valley Sanitary District, faces fines up to $10,000 a day for not meeting the above mandated goal.
(c) The District finds that the voters of Alameda County, through the Waste Reduction and Recycling Act of 1990 (Measure D), have adopted a policy goal to reduce the total tonnage land-filled of materials generated in Alameda County by 75% by the year 2010.
(d) The District finds that in the 2008 Waste Characterization Study done by the Alameda County Waste Management Authority, Construction and Demolition (C&D) debris constituted approximately 10% of the materials land-filled in Alameda County and a similarly large portion of the waste stream in the District. These materials have significant potential for waste reduction and recycling.
(e) The District finds that reusing and recycling C&D debris is essential to further the District’s efforts to reduce waste and comply with AB 939 and Measure D goals.
(f) The District finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material which is landfilled, increase site and worker safety, and be cost effective.
(g) The District finds that, except in unusual circumstances, it is feasible to divert an average of at least 60 percent of all C&D debris from construction, demolition, and renovation projects.
(h) The District finds that, to ensure compliance with this Chapter and to ensure that those contractors that comply with this Chapter are not placed at a competitive disadvantage, it is necessary to impose a Performance Security requirement.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 162, 07-01-14)
(Amended, §1, Ord. 180, 02-05-19)
Section 5701. Definitions.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Repealed, §1, Ord. 152, 3-2-10)
Section 5702. Project Requirements.
(a) The Castro Valley Sanitary District recognizes Section 470 (Construction and Demolition Debris Management” which was added to the Alameda County Municipal Code Chapter 1508, Building Code on June 30, 2009, and its revisions or reissuances.
(b) Castro Valley Sanitary District has an exclusive franchise agreement for municipal solid waste collection services including construction and demolition debris service.
(c) Projects: Applicants for projects may either (1) utilize the services of Waste Management of Alameda County, who, by contract, will take C&D materials to be properly recycled, or (2) choose an alternate designated site for recycling (approved by the County of Alameda Planning Department) and self-hauled, as part of the project or in a fixed body truck, to that site.
(d) District-Sponsored Projects: All District-sponsored construction, demolition, and renovation projects shall be considered non-residential in accordance with Alameda County Construction & Demolition Debris Management Program.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Amended, §1, Ord. 152, 3-02-10)
(Amended, §1, Ord. 162, 07-01-14)
(Amended, §1, Ord. 180, 02-05-19)
Section 5703. Submission of Final Report Form (FRF).
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Repealed, §1, Ord. 152, 3-2-10)
Section 5704. Performance Security.
(Added, §1, Ord. 131, 11-01-02)
(Repealed, §1, Ord. 135, 8-03-04)
Section 5705. Review of FRF.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Repealed, §1, Ord. 152, 3-2-10)
Section 5706. Compliance with WMP.
(Added, §1, Ord. 131, 11-01-02)
(Repealed, §1, Ord. 135, 8-03-04)
Section 5707. Infeasibility Exemption.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Repealed, §1, Ord. 152, 3-2-10)
Section 5708. Appeal.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Repealed, §1, Ord. 152, 3-2-10)
Section 5709. Enforcement.
(a) Violation of Section 5702 may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, The District shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this Chapter.
(b) Violation of any provision of this Chapter shall constitute an infraction punishable by a fine not to exceed three percent of the total project cost with a minimum $1,000 as set by Chapter 2, Section 1200. The District shall recover costs and attorneys’ fees incurred in connection with enforcement of this Chapter in the manner stated in Chapter 2, Section 1200 and Chapter 6, Section 5603 of this Code.
(c) Enforcement pursuant to this section shall be undertaken by the District through its General Manager and the District Counsel.
(Added, §1, Ord. 131, 11-01-02)
(Amended, §1, Ord. 135, 8-03-04)
(Amended, §1, Ord. 152, 3-2-10)
(Amended, §1, Ord. 162, 07-01-14)
(Amended, §1, Ord. 180, 02-05-19)