CHAPTER 26
CONSTRUCTION AND DEMOLITION WASTE REQUIREMENTS

Sections:

8-26.01    Definitions

8-26.02    Applicability of Chapter

8-26.03    Submission of a Waste Management Plan

8-26.04    Review of the Waste Management Plan

8-26.05    Compliance with the Waste Management Plan

8-26.06    Exemption for Infeasibility

8-26.07    Appeal

8-26.08    Enforcement

8-26.01 Definitions.

As used in this chapter, certain words and phrases are defined as follows:

(a)    “Alteration” or “alter” shall mean any construction or alteration to an existing structure other than repair, for the purpose of maintenance or addition.

(b)    “Alternative daily cover” (ADC) shall mean cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging.

(c)    “Applicable structure” means, at a minimum, commercial, public, institutional and industrial structures constructed or remodeled between the years 1950 and 1980 with building materials with PCB concentrations of fifty (50) parts per million (ppm) or greater. Single-family residential and wood frame structures are excluded from “applicable structure.”

(d)    “Applicant” or his/her designee shall mean 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 alteration project within the City.

(e)    “California Green Building Standards Code” and “CALGreen” (Title 24, Part 11) refer to the coded section of the California Building Code currently in effect.

(f)    “Conditioned area/volume/size” means the area/volume/size of a building which is temperature controlled through heating and/or cooling systems.

(g)    “Construction” means the building of any facility or structure or any portion thereof including any alteration of an existing facility or structure.

(h)    “Construction costs” means the dollar valuation of a City project as determined by the City of Emeryville Building Division.

(i)    “Construction and demolition debris” means used or discarded materials removed from premises during construction or alteration of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. “Construction and demolition debris” includes materials containing polychlorinated biphenyls (PCBs) in applicable structures.

(j)    “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

(k)    “Covered project” shall include:

(1)    All new construction (commercial and residential) projects; and

(2)    All demolition projects (commercial and residential); and

(3)    All residential remodeling or alteration projects that increase the area, volume or size of conditioned or livable space of the building; and

(4)    Nonresidential building additions and alterations for which a building permit is required, except those permit types listed under this section.

(l)    “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior, requiring a demolition permit.

(m)    “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility (incinerator or the like).

(n)    “Noncovered project” shall include mechanical, electrical, plumbing, awning, racks, windows, doors, antennas, signage and other permitted projects that are expected to generate waste measuring two (2) pounds or less per square foot of project area.

(o)    “PCB demolition permit” means a permit issued by the City allowing demolition of an applicable structure.

(p)    “PCB management” means following an effective protocol, as defined by the City, for managing materials with polychlorinated biphenyl (PCB) concentrations of fifty (50) parts per million (ppm) in applicable structures at the time such structures undergo demolition, as required in the City’s municipal regional stormwater national pollutant discharge elimination system permit.

(q)    “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(r)    “Reuse” means further or repeated use of construction and demolition debris.

(s)    “Salvage” means the controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

(t)    “Universal waste” refers to products subject to regulation such as batteries, mercury-containing equipment, fluorescent bulbs and ballast, and other items included in Title 22 of the California Code of Regulations.

(u)    “WMP” or “waste management plan” means a completed WMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered project. The WMP identifies materials to be ultimately removed from the project site, quantifies the materials by weight, with attached documentation, and reflects required diversion as specified in this chapter.

(v)    “WMP compliance official” means the staff person(s) designated and authorized by the City Manager as being responsible for implementing this chapter.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017; Sec. 2, Ord. 19-008, eff. Aug. 8, 2019)

8-26.02 Applicability of Chapter.

(a)    Covered Projects. All covered projects shall comply with the requirements of this chapter.

(b)    Noncovered Projects. Noncovered projects shall be encouraged to divert at least sixty-five percent (65%) project-related construction and demolition debris.

(c)    City Projects. All City projects shall be considered covered projects for the purposes of this chapter, excepting City projects for roadwork and landscaping, which shall be considered noncovered projects. City-owned covered projects shall submit a waste management plan to the WMP compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)

8-26.03 Submission of a waste management plan.

(a)    WMP Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a WMP, on a WMP form approved by the City Building Official for this purpose, as part of the application packet for the building or demolition permit. The completed WMP shall indicate all of the following:

(1)    The estimated types of construction and demolition debris or materials to be generated;

(2)    The vendor or facility that the applicant proposes to use to collect or receive that material;

(3)    Applicant contact and project information.

(b)    Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling.

(c)    Universal Waste. Nonresidential alterations and additions to building or tenant space that meet threshold as above are required to verify that universal waste items such as fluorescent lamps and ballast and mercury containing thermostats as well as other California prohibited universal waste materials are disposed of properly and are diverted from landfills. A list of prohibited universal waste materials shall be included in the construction documents.

(d)    PCB Identification and Control. All projects involving applicable structures must obtain a PCB demolition permit from the City. In order to obtain this permit, information must be submitted to the City detailing the building materials involved, including test results showing PCB concentrations in all building materials specified in the permit application. PCB management must be employed and documented for all permitted projects.

(e)    Waste Management Company. Utilize a waste management company that can provide verifiable documentation that the percentage of construction and demolition debris diverted from the landfill complies with this chapter.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017; Sec. 3, Ord. 19-008, eff. Aug. 8, 2019)

8-26.04 Review of the Waste Management Plan.

(a)    Approval. Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP compliance official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP compliance official shall only approve a WMP if he or she first determines that all of the following conditions have been met:

(1)    That the WMP provides all of the information set forth in Section 8-26.03; and

(2)    That the WMP indicates diversion of:

(i)    At least one hundred percent (100%) of the Portland cement concrete and asphalt concrete, and nonhazardous excavated soil and land-clearing debris;

(ii)    Correct management of universal waste (commercial additions of one thousand (1,000) square feet or greater, or alterations with permit valuation of two hundred thousand dollars ($200,000.00) or greater); and

(iii)    Sixty-five percent (65%) of all remaining construction and demolition debris, excluding alternative daily cover (ADC).

If the WMP compliance official determines that these conditions have been met, he or she shall mark the WMP “approved,” return a copy of the WMP to the applicant, and notify the Building Division that the WMP has been approved.

(b)    Nonapproval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that one hundred percent (100%) of all Portland cement concrete and asphalt concrete and at least sixty-five percent (65%) of all remaining construction and demolition debris generated by the project will be reused or recycled (excluding ADC), he or she shall either:

(1)    Return the WMP to the applicant marked “denied” or “rejected” including a statement of reasons, and so notify the Building Division which shall then immediately stop processing the building or demolition permit application; or

(2)    Return the WMP to the applicant requiring further explanation.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)

8-26.05 Compliance with the Waste Management Plan.

(a)    Documentation. Within thirty (30) days after the completion of any covered project, the applicant shall submit to the WMP compliance official documentation that it has met the diversion requirement for the project. The diversion requirement shall be that the applicant has diverted one hundred percent (100%) of all Portland cement concrete and asphalt concrete, nonhazardous excavated soil and land-clearing debris, correct management of universal waste (commercial projects one thousand (1,000) square feet or greater), and at least sixty-five percent (65%) of the total construction and demolition debris generated by the project via reuse or recycling, excluding ADC, unless the applicant has been granted an infeasibility exemption pursuant to Section 8-26.06, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project. This documentation shall include all of the following:

(1)    Weight tickets from each vendor or facility which collected or received each material showing the actual weight or volume of that material;

(2)    A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and

(3)    Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

(b)    Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition 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 applicant shall use the standardized conversion rates approved by the City for this purpose.

(c)    Determination of Compliance. The WMP compliance official shall review the information submitted under subsection (a) of this section and determine whether the applicant has complied with the diversion requirement, as follows:

(1)    Full Compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall inform the applicant.

(2)    Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP compliance official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris.

(3)    Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by subsection (a) of this section within the required time period, the applicant will be considered to be in noncompliance with this chapter.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)

8-26.06 Exemption for Infeasibility.

(a)    Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 8-26.03. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

(b)    Meeting with WMP Compliance Official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request, the WMP compliance official may request that staff from the Alameda County Waste Management Authority attend this meeting or may require the applicant to request a separate meeting with Alameda County Waste Management Authority staff. Based on the information supplied by the applicant and, if applicable, Alameda County Waste Management Authority staff, the WMP compliance official shall determine whether it is possible for the applicant to meet the diversion requirement.

(c)    Granting of Exemption. If the WMP compliance official determines that it is infeasible for the applicant of a covered project to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked “approved for infeasible exemption” and shall notify the Building Department that the WMP has been approved.

(d)    Denial of Exemption. If the WMP compliance official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a WMP form in full compliance with Section 8-26.03. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8-26.03, the WMP compliance official shall deny the WMP in accordance with Section 8-26.04 or 8-26.05.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)

8-26.07 Appeal.

(a)    Any applicant or person may appeal to the City Manager the determination of the compliance official regarding (1) the granting or denial of an exemption pursuant to Section 8-26.06, or (2) compliance with the provisions of Section 8-26.04 or 8-26.05.

(b)    Any appeal to the City Manager must be filed in writing with the City Clerk within ten (10) calendar days of the determination by the compliance official. The appeal shall state with reasonable particularity and specificity the alleged error or basis for appeal and be supplemented with all supporting documentation the appellant desires the City Manager to consider. The City Manager may request additional written or oral information from the applicant or the compliance official. The City Manager shall issue a written determination within thirty (30) calendar days after receipt of the appeal. The City Manager’s determination shall be final.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)

8-26.08 Enforcement.

Violation of any provision of this chapter due to the applicant’s failure to dispose of construction, demolition, or alteration debris or materials in accordance with the approved diversion requirement, including the “approved” WMP and conditions of approval of the applicable land use permit, shall be punishable as an infraction for each separate violation as provided in Chapter 2 of Title 1.

(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)