Chapter 30.70
CONSTRUCTION AND DEMOLITION (C&D) DEBRIS REDUCTION, REUSE AND RECYCLING

Sections:

30.70.010    General requirements.

30.70.020    Covered project.

30.70.030    Requirements of C&D generators.

30.70.040    C&D debris ownership.

30.70.050    Waste management plan.

30.70.060    Management of C&D debris.

30.70.070    Reporting.

30.70.080    Inspection and audit authority.

30.70.090    Use of containers.

30.70.100    Probation.

30.70.010 General requirements.

A. All mixed C&D debris and unrecyclable C&D debris, including that from sources other than covered projects, shall be contained in a manner so as to prevent blowing or scattering.

B. Mixed C&D debris and unrecyclable C&D debris, including that from sources other than covered projects, shall be hauled by a registered or franchised commercial hauler, or by the person who generated that mixed C&D debris.

C. No C&D debris, including that from sources other than covered projects, shall be deposited on any roadway.

D. No C&D debris shall be deposited on any real property without a solid waste facilities permit for that real property, whether public or private.

E. No C&D debris shall be deposited in any river, stream or other waterway, or in any sanitary sewer or storm drainage system.

F. No C&D debris, including any from sources other than covered projects, shall be burned. [Ord. 10-2010 §4, eff. 6-25-2010]

30.70.020 Covered project.

All additions, remodels or new construction projects within the City and all demolition projects, are defined as a covered project, and shall be subject to this chapter. Additions, remodels, and newly constructed buildings with an established cost threshold (set by resolution of the City Council) are subject to additional report and fee obligations, which reports and/or fee obligations shall be set by resolution of the City Council. [Ord. 32-2017 §6, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.70.030 Requirements of C&D generators.

A. Each C&D generator shall be responsible for ensuring and demonstrating their compliance with this chapter and shall recycle all recyclable C&D material by any of the following methods:

1. Source-separating recyclable C&D material and recycling it; and/or

2. Self-hauling mixed C&D debris containing recyclable C&D material to a certified C&D sorting facility; and/or

3. Depositing mixed C&D debris containing recyclable C&D material in a container provided by a registered or franchised commercial hauler, who shall deliver that load of mixed C&D to a certified C&D sorting facility; and/or

4. Any other method described in detail on the waste management plan (WMP) and approved by the City Manager that achieves the required diversion of recyclable material.

B. Each C&D generator shall notify and instruct all employees and subcontractors of the recycling requirement and the methods, described in the WMP, to be employed in meeting that requirement.

C. The approved WMP and other waste management documents shall be available for inspection by the City Manager at the permitted jobsite.

D. Each C&D generator shall recycle one hundred (100%) percent of all excavated soil and land clearing debris.

E. Each C&D generator shall recycle or divert no less than sixty-five (65%) percent of the material collected at the construction site, not including excavated soil and land clearing debris.

F. Each C&D generator shall keep record of all bills, receipts, or scale house tickets for hauling or disposal or recycling services, including that of any subcontractors, on file for a period of one (1) year from the date of final inspection by Building Safety and Inspection (BSI) or the issuance of the certificate of occupancy, whichever is later.

G. Nothing in this chapter shall abridge the right of any C&D generator to sell or exchange at fair market value its own recyclable materials which are source-separated for reuse and recycling.

H. Each C&D generator for additions of one thousand (1,000 ft2) square feet or greater and/or building alterations with a permit valuations of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or above shall provide verification that universal waste items such as fluorescent lamps and ballasts and mercury-containing thermostats as well as other California prohibited universal waste materials are disposed of properly and are diverted from landfills. [Ord. 32-2017 §6, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.70.040 C&D debris ownership.

C&D debris lawfully deposited in bins, drop-boxes or other containers used by a registered or franchised commercial hauler for collection for either disposal or recycling shall become the property of the registered or franchised hauler upon its deposit in any such container. [Ord. 10-2010 §4, eff. 6-25-2010]

30.70.050 Waste management plan.

A. Any person applying for a permit for a covered project shall submit a completed WMP, on a form provided by Integrated Waste (IW), as part of the jobsite waste and recycling documentation for approval by BSI.

B. The WMP shall provide the following:

1. The types of waste materials to be generated from the project;

2. The manner in which C&D debris will be managed on site, for example in dumpsters, bins or corrals;

3. The manner in which recyclable C&D debris will be diverted, for example by source separation of recyclable C&D debris or by delivery to a certified C&D sorting facility, or both;

4. The person or persons who will transport C&D material, for example identification of a registered or franchised commercial hauler, independent re-users or recyclers, and indication of any self-hauling activity to be employed; and

5. Identification of all disposal and recycling facilities, including certified C&D sorting facilities, where C&D debris will be delivered.

C. All WMPs submitted shall be accompanied by a processing fee. The fee shall be set by resolution of the City Council.

D. WMPs deemed complete according to the requirements of this chapter shall be approved by Integrated Waste (IW) and will be in full force and effect for the duration of the project. Upon approval, Integrated Waste (IW) will forward a copy of the approved WMP to Building Safety and Inspection (BSI), or BSI may forward the WMP to IW for approval in cases of projects with special circumstances.

E. A copy of the WMP as well as any signed service agreement with a registered or franchised commercial hauler shall be kept readily available on the project site in the jobsite permit folder. [Ord. 32-2017 §6, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.70.060 Management of C&D debris.

All vehicles or containers to be used for the collection of mixed C&D debris shall prominently display the identification of the registered or franchised commercial hauler, or self-hauler. [Ord. 10-2010 §4, eff. 6-25-2010]

30.70.070 Reporting.

A. Registered or Franchised Commercial Haulers. Any registered or franchised commercial hauler deemed in compliance with EGMC Chapter 30.50 is deemed in compliance with this chapter.

B. Authorized Recyclers. Any authorized recycler deemed in compliance with EGMC Section 30.60.100 is deemed in compliance with this chapter.

C. Permittees. Within thirty (30) days after the issuance of a certificate of occupancy or the approved final inspection, or at the time of issuing the last certificate of occupancy for units within a residential phased project of any covered project, or within thirty (30) days after the date of final inspection of the project by BSI, the permittee shall submit to IW the following documentation:

1. The completed Waste Log (WL) from the jobsite waste and recycling documentation, including dates, types and weights of waste removal, identification of haulers, and identification of disposal or recycling facilities; and

2. Any additional information requested by IW and/or submitted by the applicant that is relevant to compliance with this chapter, including but not limited to receipts or scale-house tickets from disposal and/or recycling facilities.

D. General. All permittees shall make reasonable efforts to ensure that all C&D debris diverted or sent to a landfill is measured and recorded using the most accurate method of measurement available. To the extent practical, C&D debris shall be weighed by measurement on certified scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the permittee shall use conversion rates approved by the City Manager for this purpose. [Ord. 10-2010 §4, eff. 6-25-2010]

30.70.080 Inspection and audit authority.

A. Each permittee shall at all times maintain accurate and complete records of all C&D debris generated, transported, recycled and/or disposed of; the hauler of such C&D debris; and the final destination of such C&D debris. The permittee’s books, accounts and records reasonably necessary for the enforcement of this code shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the City. The City Manager shall give written notice at least ten (10) days prior to any inspection, audit or examination of these records.

B. Accurate and complete records shall be maintained by the permittee for a minimum period of twelve (12) months immediately following the date of the issuance of the certificate of occupancy or the project final inspection, whichever is later.

C. Where the City Manager determines that an audit is necessary, the permittee may be responsible for reimbursement of audit costs, including any consultant services, to perform audits of accounts of all C&D debris generated, transported, recycled and/or disposed of; the hauler of such C&D debris; and the final destination of such C&D debris. [Ord. 32-2017 §6, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]

30.70.090 Use of containers.

No person other than a customer who has contracted for service with an registered or franchised commercial hauler, or a person with such customer’s consent, shall deposit solid waste into a C&D debris box, drop box, roll-off container, pen, compactor or any other container placed in the City by a registered or franchised hauler for the purpose of receiving C&D debris. [Ord. 10-2010 §4, eff. 6-25-2010]

30.70.100 Probation.

A. Except as otherwise expressly provided, the provisions of this chapter shall be administered and enforced within the City by enforcement officials designated by the City Manager.

B. The remedies set forth herein are cumulative to any other remedy available to the City. Nothing contained herein shall limit or be deemed to prevent the City from pursuing any other available remedy under this code, this title, or any other applicable law.

C. Probation. In addition to any other remedies, the City Manager is authorized to impose probationary measures on a permittee for violations of this ordinance. Probationary measures will remain in effect for one (1) year or until the permittee provides documentation satisfactory to the administrator verifying that the reason for imposition of the probationary measures no longer exists. Probationary measures imposed may include, but are not limited to, any combination of the following:

1. For two (2) or more violations of this chapter, a recycling performance deposit may be required prior to approval of the permittee’s next WMP for a covered project. A recycling performance deposit will be calculated as one (1%) percent of the stated project valuation but will not exceed Ten Thousand and no/100ths ($10,000.00) Dollars.

The recycling performance deposit, which may be imposed for two (2) or more violations of this chapter, shall be released in full upon a showing that the permittee has fully complied with the requirements of this chapter, and complied with the terms and conditions of the approved WMP, and complied with any other probationary measures imposed, for the duration of the project. If the City Manager determines that the permittee only partially complied with the requirements of this chapter, and complied with the terms and conditions of the approved WMP, and complied with any other probationary measures imposed, for the duration of the project, then the City Manager may authorize a partial release of the recycling performance deposit.

2. For any violation of this chapter, the WMP for the permittee’s next project may be required to be submitted directly to IW for approval.

3. For any violation of this chapter, submittal of all receipts or scale house tickets from disposal and/or recycling facilities in lieu of a summarizing WL may be required upon completion of the permittee’s next project. [Ord. 32-2017 §6, eff. 2-9-2018; Ord. 10-2010 §4, eff. 6-25-2010]