Brisbane Municipal Code Ch. 15.75 Recycling and Diversion of Debris from Construction and Demolition

Footnotes:

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Editor's note— Ord. No. 613, § 19, adopted January 5, 2017, repealed the former Chapter 15.75, §§ 15.75.010—15.75.090, and enacted a new Chapter 15.75 as set out herein. The former Chapter 15.75 pertained to similar subject matter and derived from Ord. No. 493, 2004; Ord. No. 494, 2004; Ord. No. 554, adopted January 18, 2011 and Ord. No. 556, adopted February 22, 2011.

The building official or his/her designee shall have the authority to enforce the provisions of this chapter.

(Ord. No. 613, § 19, 1-5-17)

The purpose of this chapter is to provide for diversion of demolition and construction materials from landfills to reuse and recycle those materials for conservation and the efficient use of resources.

(Ord. No. 613, § 19, 1-5-17)

This chapter applies to construction and demolition projects that meet the definition of a covered project in Section 15.75.050. The provisions of this chapter are in addition to those prescribed in CalGreen Sections 4.408 and 5.408.

(Ord. No. 613, § 19, 1-5-17)

In the event of any conflict between this chapter and any law, rule or regulation of the State of California, or any other ordinance, rule or regulation of the City, that requirement which establishes the higher standard of conservation shall govern. Failure to comply with such higher standard shall be a violation of this code.

(Ord. No. 613, § 19, 1-5-17)

For purposes of this chapter, the following words and phrases shall be defined as set forth in this section:

"Applicant" means any person (whether as contractor, subcontractor, owner, occupant, or otherwise) who performs any construction, demolition, remodeling, renovation, land clearing, or landscaping work for a covered project.

"Building official" means the city manager or his or her authorized representative.

"Construction and demolition debris" means and includes:

1. Demolition debris are previously used materials from the destruction or renovation of a structure or landscaping that meet the definition of inert solids or inert waste. These may include but are not limited to steel, copper, aluminum, glass, brick, concrete, asphalt material, non-leaded pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter; and

2. Construction debris are remnants of new materials from any construction and/or landscape project that meet the definition of inert solids or inert waste. These may include but are not limited to: cardboard, paper, plastic, carpet, sheetrock, wood, rock, concrete, metal scraps, and empty containers.

"Covered project" means and includes any project which consists of one or more of the following:

1. Demolition work only, involving an area greater than two hundred (200) square feet, as determined by the building official;

2. The renovation, remodel or addition to an existing structure where the addition is one thousand (1,000) square feet or more and/or the cost of the work exceeds seventy-five thousand dollars ($75,000.00), as determined by the building official;

3. Re-roofing of an existing structure involving an area in excess of five hundred (500) square feet.

"Hazardous waste" is a waste defined as a "hazardous waste" in accordance with Section 25117 of the Health and Safety Code, or a combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may do either of the following:

Cause or significantly contribute to, an increase in the mortality or an increase in serious irreversible, or incapacitating reversible, illness.

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

Unless expressly provided otherwise in the Health and Safety Code, "hazardous waste" includes extremely hazardous waste and acutely hazardous waste.

"Inert solids" or "inert waste" is a non-liquid solid waste including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by the regional water board pursuant to Division 7 (commencing with Section 13000) of the California Water Code and does not contain significant quantities of decomposable solid waste.

"Recycle" or "recycling" is 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. Recycling does not include transformation, as defined in Public Resources Code Section 40201.

"Recyclable and reusable materials" means but is not limited to any of the following:

1. Inert solids;

2. Wood materials, including any and all lumber, fencing or construction wood that is not chemically treated, creosoted, pressure treated, contaminated or painted;

3. 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;

4. Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences;

5. Roofing materials including wood shingles and shakes as well as asphalt, stone, concrete, tile and slate based roofing material;

6. Salvageable materials including, but not limited to, wallboard, doors, windows, fixtures, hardwood flooring, sinks, carpet, carpet padding, bathtubs and appliances;

7. Any other materials that the building official determines can be diverted to a recycling or reuse facility reasonably accessible from the city.

"Re-use" is the use, in the same form as it was produced, of a material which might otherwise be discarded.

"Salvage" means the controlled removal of materials from a covered project, for the purpose of reuse or storage for later reuse.

"Structure" means anything that is built or constructed and requires a location on the ground, including a building or edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Universal Waste. The wastes listed below are subject to regulation pursuant to Chapter 23 of Title 22, California Code of Regulations, and are known as "universal wastes," along with any other wastes which may later be added to the list of universal wastes in the California Code of Regulations:

1. Batteries;

2. Electronic devices;

3. Mercury containing equipment;

4. Lamps;

5. Cathode ray tubes;

6. Aerosol cans.

(Ord. No. 613, § 19, 1-5-17)

For both residential and non-residential covered projects, recycle and/or salvage for re-use shall include a minimum of sixty-five percent (65%) of the nonhazardous construction and/or demolition waste and one hundred percent (100%) of inert solid material associated with excavations and land clearing operations, including trees, stumps and rocks, in accordance with either a waste management plan or by an approved waste management company, as outlined below:

A. Waste Management Plan. Submit a waste management plan in conformance with items 1 through 5. The construction waste management plan shall be updated as necessary and shall be available during construction for examination by the city.

1. Identify the construction and demolition waste materials to be diverted from disposal by efficient usage, recycling, reuse on the project or salvage for future use or sale. Priority is to be given to salvage over recycling in the plan.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion facilities where construction and demolition waste materials collected will be taken.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify the amount of construction and demolition waste materials diverted shall be calculated by weight or volume, but not by both.

B. Waste Management Company. Utilize a waste management company, approved by the city, which can provide verifiable documentation that the percentage of construction and demolition waste material diverted from the landfill complies with the minimum recycling and/or salvage for re-use percentages listed above in this section.

(Ord. No. 613, § 19, 1-5-17)

For nonresidential additions and alterations to a building or tenant space that meet the scoping provisions in Section 301.3 of the California Building Code, verification shall be required that the 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 diverted from landfills. A list of prohibited universal waste materials shall be included in the construction documents.

(Ord. No. 613, § 19, 1-5-17)

All of the following exceptions are subject to building official approval, following documentation by the applicant:

In the event that the required percentage of materials cannot be salvaged, a written explanation must be provided identifying the reasons why salvage and recovery cannot take place, whether in whole or in part.

Alternative waste reduction methods, if diversion or recycle facilities are not capable of accepting the materials and where salvage for re-use is not reasonable or feasible.

For phased projects, excavated materials may be temporarily stockpiled on site.

Reuse of vegetation or soil contaminated by disease or pest infestation.

(Ord. No. 613, § 19, 1-5-17)

A. As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall post a cash deposit in an amount equal to two and one-half cents ($0.025) for each estimated pound of construction and demolition debris to be generated by the project, up to a maximum deposit of fifty thousand dollars ($50,000.00). The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the building official, that no less than the required percentages of construction and demolition debris have been diverted from landfills and have been recycled or reused. If a lesser percentage than required is diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to the extent that there has been a failure to comply with the requirements of this chapter.

B. If an applicant has previously forfeited a deposit for failure to comply with the requirements of this chapter, the amount of the deposit will be increased by one and one-half cents ($0.015) per pound, up to a maximum deposit of seventy-five thousand dollars ($75,000.00) for each subsequent project.

(Ord. No. 613, § 19, 1-5-17)

As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay to the city an administrative fee, in such amount as established from time to time by resolution of the city council, to compensate the city for all expenses incurred in administering this chapter.

(Ord. No. 613, § 19, 1-5-17)

During the performance of the covered project, the applicant shall recycle or divert the required percentages of construction and demolition debris and keep records thereof in tonnage or in other measurements approved by the building official that can be converted to tonnage. The building official will evaluate and monitor each covered project to gauge the percentage of construction and demolition debris which is being recycled, salvaged and disposed of from the project. Where both demolition and construction work will be performed, the required percentages of diversion shall be measured and reported separately for the demolition and construction phases of the project. 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.

(Ord. No. 613, § 19, 1-5-17)

A. No later than sixty (60) days following completion of a covered project, the applicant shall, as a condition of final approval and for issuance of any certificate of occupancy, submit documentation to the building official that demonstrates compliance with the requirements of this chapter.

B. The documentation shall consist of photocopies of receipts and weight tags or other records of measurement or equivalent documentation from recycling companies, deconstruction contractors, and landfill and disposal companies. The applicant's approved recycling and waste reduction plan shall be completed by recording and confirming the type of debris diverted and the facilities to which it was taken. The applicant shall sign the completed recycling and waste reduction plan form to certify its accuracy as part of the documentation of compliance.

C. Progress reports during construction may be required for projects that take more than six (6) months to complete or have a valuation of more than one million dollars ($1,000,000.00).

D. All documentation submitted pursuant to this section is subject to verification by the building official.

E. It is unlawful for any person to submit documentation to the city under this section which that person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt or weight tag or other record of measurement.

(Ord. No. 613, § 19, 1-5-17)

A. Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such in the manner provided by law.

B. The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of the Brisbane Municipal Code. Where the violation is the failure to achieve the diversion requirement applicable to the covered project and the construction and demolition debris from the covered project have already been delivered to the landfill, the violation shall be deemed to have ceased after a period of ten (10) days.

C. The building official shall have the authority to enforce this chapter, including but not limited to the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.

D. No certificate of occupancy or final inspection approval shall be issued for any covered project unless the building official has determined that the provisions of this chapter have been complied with.

(Ord. No. 613, § 19, 1-5-17)