Alameda Municipal Code § 21-24 Waste Management Plans

a. Mandatory Compliance. All projects within the City, including City-sponsored projects, which the City reasonably determines will cost one hundred thousand ($100,000.00) dollars or more to construct shall be subject to the WMP requirement of subsection 21-24.1A. For purposes of this provision, one or more permits for construction or demolition issued within a short period of time (as for example, the time between the application for the initial approval and the issuance of a certificate of occupancy or final inspection approval for that initial approval) and with respect to the same premises or with respect to multiple premises owned by the same person shall be deemed a single "project" unless the City Manager determines that treating such permits as involving multiple projects will not obstruct the accomplishment of the purposes of this chapter.

b. Deconstruction. In preparing the WMP, C&D applicants shall consider deconstruction, to the maximum extent feasible, to prioritize reuse of the materials.

c. Compliance as a Condition of Approval. Compliance with the provisions of this article shall be a condition of approval on any building or demolition permit issued by the City and the City Manager shall provide the applicant written notice of that fact.

(Ord. No. 3310 N.S., § 2, 11-16-2021; Ord. No. 3332 N.S., § 1, 11-15-2022)

a. WMP Forms. Applicants for building or demolition permits valued at more than one hundred thousand ($100,000.00) dollars shall complete and submit a Waste Management Plan ("WMP") on a form approved by the Public Works Director. Applicants certifying that they have employed the services of a franchisee holding a franchise under Section 21-20 shall be exempt from the filing of a WMP but shall meet the standards of subsection 21-24.3 of this chapter. A completed WMP shall indicate all of the following:

1. The estimated volume or weight of C&D debris, by materials type, to be generated;

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

3. The vendor or facility that the C&D applicant proposes to use to collect or receive that material; and

4. The estimated volume or weight of C&D materials that will be sent to a disposal site.

b. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the C&D applicant shall use appropriate conversion rates.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Approval. No building or demolition permit shall be issued for any project valued at more than one hundred thousand ($100,000.00) dollars unless the applicant has identified the franchisee as his or her hauler or until the Public Works Director has approved the WMP or an exemption from the WMP requirement. Approval shall not be required, however, where demolition is urgently required to protect public health or safety. The Public Works Director shall only approve a WMP if they determine that the following conditions have been met:

1. The WMP provides all of the information required by subsection 21-24.1A of this article;

2. The WMP indicates that at least the percent of all C&D debris generated by the project that will be diverted from disposal sites, measured by weight or volume as the Public Works Director shall determine in granting the approval, meets the diversion requirement; and

3. The franchisee or permittee to be employed by C&D applicant to collect or receive the material has obtained a permit pursuant to subsection 21-21.1 and submitted the bond required by subsection 21-21.2.

4. The materials are transported to a facility approved by the City as specified in the City's WMP application. City approval of facilities may consider any or all of the following factors including diversion performance, proximity to the City, and facility violations.

In approving a WMP pursuant to this section, the City Manager may impose reasonable conditions.

b. Non-approval. If the Public Works Director determines that the WMP is incomplete or fails to indicate that at least the diversion requirement of all C&D debris generated by the project will be reused or recycled, they shall either:

1. Deny the permit and provide the C&D applicant a statement of reasons; or

2. Return the WMP to the C&D applicant requesting additional information.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Documentation. Within thirty (30) days after the completion of any project, the C&D applicant shall submit to the Public Works Director documentation that it has met the diversion requirement for the project. This documentation shall include all of the following:

1. Receipts from the vendor or facility that collected or received each material, showing the actual weight or volume of that material;

2. A copy of the WMP for the project to which has been added the actual volumes or weights of each material diverted and not diverted from disposal sites;

3. Any additional information the C&D applicant believes is relevant to determining its efforts to comply in good faith with this Article VI.

b. Weighing of Wastes. C&D applicants shall make reasonable efforts to ensure that all C&D debris diverted or not diverted from disposal sites is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed on scales that comply 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, the C&D applicant shall measure the volume of the waste and express that volume in terms of weight using the conversion rates approved by the City for this purpose.

c. Determination of Compliance. The Public Works Director shall review the information submitted under subsection (a) of this section and determine whether the C&D applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the Public Works Director determines that the C&D applicant has fully complied with the diversion requirement, they shall release the performance security with respect to the project.

2. Good Faith Effort to Comply. If the Public Works Director determines that the diversion requirement has not been achieved for a project, they shall determine whether the C&D applicant has made a good faith effort to comply with this Article VI. In making this determination, the Public Works Director shall consider the availability of markets for the C&D debris not diverted from disposal sites, the size of the project, and the documented efforts of the C&D applicant to divert C&D debris. If the Public Works Director determines that the C&D applicant has made a good faith effort to comply with this article, they shall release the performance security with respect to the project.

3. Noncompliance. If the Public Works Director determines that the C&D applicant has not made a good faith effort to comply with this article, or if the C&D applicant fails to submit the documentation required by subsection (a) of this subsection within the required time period, then the C&D applicant shall be assessed a fine and penalty in an amount annually established by the Public Works Director for each ton of material that was to be diverted as set forth in the WMP, but was not demonstrated by C&D applicant to have been diverted. The Public Works Director may collect the penalty from the C&D applicant or from the franchisee or permittee or may deduct it from the bond posted by the franchisee or permittee pursuant to subsection 21-21.2.

d. Withholding Construction Permits for Non-Compliance. The City Manager shall not issue a certificate of occupancy or a final inspection approval pursuant to the building code of the City for any project for which a C&D applicant is not in compliance with this article unless that non-compliance has been resolved by payment of the penalty provided in paragraph (c)(3) of this subsection.

e. Compliance Requirements for Franchisee. C&D debris hauled by a franchisee holding a franchise under Section 21-20 is exempt from the requirement of a WMP under Section 21-24.1A(a), but must nonetheless be handled so as to divert from disposal sites at least the minimum percent required by CALGreen of the C&D debris by weight or volume, as determined by the City Manager, unless an exemption is granted pursuant to Section 21-24.4. Failure of the C&D applicant or a franchisee to attain the percent diversion requirement or a lesser requirement established pursuant to Section 21-24.4 shall be subject to the penalties and other remedies provided by this chapter for violation of the diversion requirement of a WMP, including withholding of a certificate of occupancy or final inspection approval from the C&D applicant or penalizing the franchisee and liquidating that penalty by resort to any bond submitted by franchisee pursuant to this chapter.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

a. Application. If a C&D applicant experiences unique circumstances that they believe make it infeasible to comply with the diversion requirement, the C&D applicant may apply for an exemption at the time that they submit the WMP required under subsection 21-24.1. The C&D applicant shall indicate the maximum diversion rate they believe is feasible for each material and the specific circumstances that they believe make it infeasible to comply with the diversion requirement.

b. Meeting with Public Works Director. The Public Works Director shall review the information supplied by the C&D applicant and may meet with the C&D applicant to discuss ways to meet the diversion requirement. Based on the information supplied by the C&D applicant, the Public Works Director shall determine whether it is possible for the C&D applicant to meet the diversion requirement.

c. Granting of Exemption. If the Public Works Director determines that it is infeasible for the C&D applicant to meet the diversion requirement due to unique circumstances, they shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP.

d. Denial or Exemption. If the Public Works Director determines that it is possible for the C&D applicant to meet the diversion requirement, they shall so inform the C&D applicant in writing. The C&D applicant shall have thirty (30) days to resubmit a WMP in full compliance with subsection 21-24.1A.

e. Denial for Failure to Resubmit. If the C&D applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with subsection 21-24.1A, the Public Works Director shall deny the WMP.

(Ord. No. 3310 N.S., § 2, 11-16-2021)

A franchisee, permittee or C&D applicant may appeal a decision of the Public Works Director to deny approve or conditionally approve a WMP to determine compliance or non-compliance with a WMP or to determine eligibility for an infeasibility exemption by filing a notice of appeal with the City Clerk not later than six (6) calendar days following issuance of the Public Works Director's decision. The notice of appeal shall be in a form prescribed by the City Manager, shall contain a statement of the reasons why the appellant believes the Public Works Director's decision or determination does not comply with this section, and shall set forth the relief requested. The appeal shall be heard and finally decided by the City Manager within thirty (30) calendar days following the filing of the notice of appeal, unless continued by the City Manager for good cause. The City Manager shall notify the appellant in writing of his or her decision within three (3) business days.

(Ord. No. 3310 N.S., § 2, 11-16-2021)