Campbell Municipal Code Ch. 6.12 Recycling and Salvaging of Construction and Demolition Debris

Footnotes:

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Editor's note— Ord. No. 2303, § 2, adopted Feb. 20, 2024, repealed the former Ch. 6.12, §§ 6.12.010—6.12.080, and enacted a new Ch. 6.12 as set out herein. The former Ch. 6.12 pertained to similar subject matter and derived from Ord. 2103 § 2(part), adopted 2008; and Ord. No. 2265, §§ 1—3, adopted July 7, 2020.

For purposes of this chapter, the following definitions apply:

"Approved C&D processing facility" means any of the facilities, used to process C&D, which have been approved by the regional agency.

"Construction and demolition debris" or "C&D" means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.

"Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in the city of Campbell.

"Covered project" means and includes any project for new construction, building renovation, remodel, addition or alterations and demolition projects that meet California Green Building Standards Code, 24 CCR, Part 11 (CALGreen) requirements.

"Designated recyclable and reusable materials" means and includes:

(1) Inert solids, including asphalt, concrete, rock, stone, brick, sand, soil and fines;

(2) Wood materials; including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA 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 and slate based roofing material;

(6) Salvageable materials and structures, including, but not limited to doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances.

"Regional agency enforcement official" means a designated enforcement official from the regional agency or other regional or county agency, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with city enforcement officials.

"Salvage" means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse.

"Structure" means anything constructed or erected.

(Ord. No. 2303, § 2, 2-20-2024)

This section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:

(a) 4.408.1 Construction Waste Management Residential (recycling requirements).

(b) 5.408.1 Construction Waste Management Non-Residential (recycling requirements).

(c) 5.408.2 Diversion by Waste Management Non-Residential (universal waste diversion requirements).

(Ord. No. 2303, § 2, 2-20-2024)

(a) The regional agency is authorized to designate and approve C&D processing facilities. The regional agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the regional agency and shall obtain third party certification for mixed C&D processing.

(b) C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the regional agency.

(Ord. No. 2303, § 2, 2-20-2024)

(a) Applicants for construction, demolition or other development permits for projects under this chapter shall execute a declaration of intent to recycle construction and demolition debris for a covered project at the required rate set by California's Green Building Standards Code.

(Ord. No. 2303, § 2, 2-20-2024)

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

(Ord. No. 2303, § 2, 2-20-2024)

(a) No later than thirty days following the completion of a covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and submit documentation to the department of public works that demonstrates compliance with the requirements of this chapter.

(b) The documentation shall be submitted in a form consistent with city requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies approved by the regional agency.

(c) Progress reports during construction may be required.

(d) All documentation submitted pursuant to this section is subject to verification by the city.

(e) It is unlawful for any person to submit documentation to the city under this section that a 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 of weight tags or other record of measurement.

(Ord. No. 2303, § 2, 2-20-2024)

Each violation of the provisions of this chapter shall constitute a misdemeanor and be subject to the provisions of Section 1.04.010 of this code.

(Ord. No. 2303, § 2, 2-20-2024)

Every applicant and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this chapter.

(Ord. No. 2303, § 2, 2-20-2024)