Concord Municipal Code Art. III Construction and Demolition Debris (C&D Debris) Recycling

(a) The intent of this article is to implement a construction and demolition debris recycling program to protect the public health, safety and welfare of the community and to achieve the mandate of the California Integrated Waste Management Act by Diverting Construction and demolition debris from landfills.

(b) Findings.

(1) The state of California requires that each local jurisdiction in the state divert 65 percent of discarded waste materials from landfills. This article will assist the City of Concord in achieving this state mandate.

(2) Any city or county deemed by the state of California to be out of compliance with the mandates of the California Integrated Waste Management Act is subject to a fine of up to $10,000 per day.

(3) Construction and demolition debris reduction and recycling programs have proven to decrease the amount of materials that are landfilled and to be cost-effective.

(4) Except in unusual circumstances, it is feasible to divert at least 65 percent by weight of the solid waste including C&D debris from construction and demolition projects and 75 percent by weight of inert debris such as concrete and asphalt. Many other jurisdictions have successfully implemented C&D debris diversion requirements to increase recycling rates.

(5) The city does not intend, and nothing in this article shall be construed, to regulate in any way hazardous materials, hazardous substances, hazardous waste, or medical waste, as those terms may be variously defined in federal, state or local law or regulation.

(6) The Concord Municipal Code requires that the authority to collect and haul all waste materials, including construction and demolition debris, is assigned to the garbage collector the city has selected to haul waste.

(Code 2002, § 82-114. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.330)

(a) Any construction, demolition, addition, alteration, remodel, encroachment tenant improvement or grading project within the city is considered a covered project when it meets any of the following criteria:

(1) The project requires a demolition, building, encroachment, or grading permit and it is either:

a. A residential or commercial project where total costs are valued at $50,000 or greater, except for demolition projects which are covered projects regardless of permit value;

b. A city-owned or city-sponsored project where total costs are valued at $150,000 or greater; and

c. A residential or commercial roofing or reroofing project valued at $10,000 or greater, or a project where 50 percent or more of the roof area is replaced, or where a project requires five squares or more of roofing material regardless of permit value.

(b) Any construction, demolition, addition, alteration, remodel, encroachment tenant improvement or grading project within the city is exempt from the requirements of this article if the city determines that no waste material will be off-hauled from the project site or otherwise generated by the project.

(Code 2002, § 82-116. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.350)

The applicant for a covered project shall cause at least 65 percent by weight of the C&D debris generated by the covered project to be diverted from the landfill and, in addition, shall cause at least 75 percent by weight of all inert debris generated by the covered project to be diverted from the landfill. The applicant shall demonstrate compliance with these diversion requirements, or the diversion rate required by the State of California Green Building Standards Code, whichever is more stringent.

(Code 2002, § 82-117. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.360)

(a) All applicants with a covered project shall submit a performance security with the building, grading, demolition or encroachment permit application in an amount to be established by the city. Applicants of city-owned or city-sponsored projects shall be exempt from this requirement.

(b) Within 30 days of issuance by the city of a permit for the covered project, applicants utilizing the City Franchise Hauler (“CFH”) for the hauling of all waste materials from the project site shall submit to the city a copy of their hauling agreement with the CFH for the project. The city shall refund the performance security to the applicant within a reasonable time following receipt of a copy of the hauling agreement between the applicant and the CFH.

(c) If the WMCO determines that the applicant has complied with the requirements of this article the WMCO shall cause the performance security to be released to the applicant within a reasonable time following acceptance of the applicant’s final report.

(d) If the WMCO determines the applicant has failed to comply with the requirements of this article, the entire performance security shall be forfeited to the city. The WMCO shall notify the applicant in writing of the forfeiture within a reasonable time of denying the applicant’s final report.

(e) All forfeited performance security funds shall be placed in a designated account for the purpose of recovering costs associated with this article and furthering the recycling programs and diversion goals of the city.

(Code 2002, § 82-118. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.370)

The applicant for a covered project shall:

(1) Divert at least 65 percent by weight of all solid waste including C&D debris generated by the covered project, and in addition, divert at least 75 percent by weight of all inert debris generated by the covered project;

(2) Pay a program fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(3) Submit a performance security as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services;

(4) Provide a final report to the WMCO within 30 days of the completion of the covered project. Failure to provide a final report to the WMCO within 30 days of the completion of the covered project shall cause the performance security to be forfeited;

(5) Retain a copy of the disposal and recycling receipts for the covered project for at least one year following completion of the covered project. The date of completion of the covered project is defined as the date of the certificate of occupancy of the covered project or, for projects where a certificate of occupancy is not applicable, the date on which the applicable permit was finaled by the city;

(6) Retain a copy of the waiver for a third-party hauler, if one was issued, for at least one year following completion of the covered project;

(7) Allow for an audit by the city or city’s authorized representative of disposal and recycling receipts, records, and waiver for a third-party hauler, if one was issued, for the covered project within one year following completion of the covered project;

(8) Follow the processes required by this article for the hauling of solid waste including C&D debris generated by the covered project;

(9) Include adequate space for storage and collection of garbage, recyclables and organic materials on the premises. Enclosures must be built to specifications set forth by city; and

(10) Meet all other permit requirements as set forth in this article and the Concord Municipal Code.

(Code 2002, § 82-119. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.380)

(a) The applicant shall pay a program fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) The intent of the program fee is to defray costs to the city for the program established by this article.

(c) Applicants for all city-owned or city-sponsored projects shall be exempt from paying a program fee.

(Code 2002, § 82-120. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.390)

The applicant for a covered project shall:

(1) Ensure that at least 65 percent by weight of all solid waste including C&D debris generated by a covered project is diverted and, in addition, ensure that at least 75 percent by weight of all inert debris generated by a covered project is diverted. Material that is not recycled can be salvaged and/or reused on site or can be provided to others for reuse and counted as diverted material in the applicant’s final report.

(2) Use the City Franchise Hauler to transport the solid waste including C&D debris to certified recyclers or other entities with the ability to process the materials so they are diverted from landfilling (exceptions include self-hauling or receiving a waiver granted by the CFH as explained below).

(3) The applicant may self-haul solid waste including C&D debris generated by the covered project or direct an affiliate to conduct hauling activities to achieve the diversion requirement, as “self-haul” and “affiliate” are defined in Section 8.20.020. The applicant is not required to request a waiver from the CFH to self-haul material or to direct an affiliate to conduct hauling. An applicant may only use a nonaffiliated company to haul solid waste including C&D debris if the CFH has granted a waiver to the applicant.

(4) If not self-hauling or using an affiliate, applicant is responsible for contacting the CFH to arrange for hauling services or request a waiver from the CFH to allow a nonaffiliated party to transport the C&D debris. If the CFH elects to allow a nonaffiliated party to provide service to the applicant, the CFH must grant a written waiver to the applicant to transport solid waste including C&D debris.

a. The applicant may request a waiver from the CFH via email or written correspondence and must indicate the time, date, applicant’s name, and permit number for the covered project. The CFH will assign the applicant a waiver number via fax or email.

b. Both the CFH and applicant must maintain a copy of the waiver that indicates date and time, permit number, waiver certification number, and applicant name for each waiver provided. A copy of the waiver must be submitted with the final report.

(5) If the covered project material contains contamination by hazardous substances, the applicant is required to divert 65 percent by weight of noncontaminated material and, in addition, 75 percent by weight of noncontaminated inert debris. Documentation acceptable to the city must be submitted to receive approval for exemption of materials from the requirements of this article due to contamination by hazardous substances.

(Code 2002, § 82-121. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 16-7, § 2; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.400)

Within 30 calendar days of the completion of any covered project, the applicant shall submit a final report to the WMCO documenting that it has met the diversion requirements for the project. The final report shall include the following documentation:

(1) A summary of efforts to meet the diversion requirement on the form required by the city.

(2) A copy of the hauling agreement with the CFH or a copy of the waiver for a nonaffiliated third-party hauler, if one was issued by the CFH for any portion of the project.

(3) If the CFH was utilized for all hauling of solid waste, including C&D debris from the project site, submit a copy of all invoices received from the CFH for the covered project. If a third-party hauler or affiliate were utilized or if solid waste materials including C&D debris were self-hauled, submit all receipts from the facility that received C&D debris from the covered project showing the actual weight of material accepted at that facility and the amount of the material diverted and disposed of. The weight reported must be from scales in compliance with all state and county regulatory requirements for accuracy and maintenance. For solid waste, including C&D debris for which weighing is not practical due to small size or other considerations, the material type and a volumetric measurement shall be reported.

(4) If the covered project contains contamination by hazardous substances, the applicant is required to provide documentation showing the contamination preexisted or occurred through no fault of the applicant and receipts, or other documentation, from the facility that received the contaminated material showing the actual weight of contaminated material accepted.

(5) Any additional information the applicant believes is relevant to describing its efforts to comply in good faith with this article.

(Code 2002, § 82-122. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.410)

(a) The Waste Management Compliance Official (WMCO) shall have final discretion in determining compliance.

(b) If the applicant’s final report shows that all solid waste including C&D debris generated by a covered project was hauled by the City Franchise Hauler or taken to a certified facility, the applicant shall be considered by the WMCO to be in compliance with this article.

(c) If the applicant’s final report shows that the solid waste including C&D debris generated by a covered project were not hauled by the CFH or taken to a certified facility, the applicant’s final report shall be reviewed by the WMCO to determine compliance.

(d) If the WMCO determines that the applicant’s final report provides sufficient information to determine that the diversion requirements have been satisfied, the WMCO shall notify the applicant of its acceptance in writing.

(e) If the WMCO determines that the applicant has failed to comply with the diversion requirements, the WMCO shall notify the applicant in writing of the applicant’s failure to comply.

(f) If the WMCO determines that it is infeasible for the applicant to meet the diversion requirements due to unique circumstances, the WMCO shall determine the minimum feasible diversion requirements for the covered project and shall make a written finding stating reasons for acceptance of a lower diversion requirement. The WMCO may require additional information from the applicant to assist in the determination of infeasibility and waive reporting and response timelines to facilitate the receipt of information from the applicant. Unique circumstances shall include the extent to which waste materials generated by the project are deemed not to be recyclable by the WMCO and the lack of recycling facilities for processing and recycling waste materials generated by the project that are deemed to be recyclable.

(g) If the WMCO determines the final report lacks sufficient information to determine compliance or noncompliance, the WMCO shall notify the applicant of the reasons for the report’s inadequacy in writing. The applicant shall be granted 10 business days to respond with the information identified to make its final report adequate. Failure to respond with adequate information within 10 business days shall be considered a failure to comply. The WMCO shall notify the applicant in writing of the failure to comply.

(h) If an applicant fails to file a final report within 30 days of the completion of the covered project, the applicant shall be considered to have failed to comply with the requirements of this article and the performance security shall be forfeited. If the WMCO determines that unique circumstances apply, the WMCO may, but is not required to, notify the applicant in writing of its failure to file a final report. The applicant shall be granted 10 business days to respond and submit the final report. If the applicant fails to respond within 10 business days it shall be considered a failure to comply. The WMCO shall notify the applicant in writing of the determination of the failure to comply and the forfeiture of the performance security within a reasonable time.

(Code 2002, § 82-123. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.420)

The applicant may file an administrative appeal with the City Manager on any ruling the WMCO makes pursuant to this article. Notice of appeal from the ruling of the WMCO must be filed within 30 calendar days of the date of the WMCO’s finding of a failure to comply. The decision of the City Manager relative to any matter within the jurisdiction of the WMCO shall be final and shall not be further appealed to the City Council or to any other city body or official.

(Code 2002, § 82-124. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.430)

(a) In addition to the forfeiture of the performance security under Section 8.20.400(d) for any violation of this Article III, the city shall have the discretion to take any or all of the following actions: (1) revoke or suspend the building, demolition, grading or encroachment permit of the violator; (2) bring a civil action for restitution and/or damages; (3) seek injunctive relief; and/or (4) refer the violation for prosecution as a misdemeanor.

(b) Final reports are subject to an audit by a WMCO up to one year after the city finals the permit for the covered project. A failed audit is considered a violation of this chapter and the city shall have the discretion to impose a fine of up to the amount of the original performance security for the covered project.

(c) If any violation of this chapter is charged as a misdemeanor, the penalty upon conviction of the violator shall be imprisonment in the County Jail for a period not to exceed 30 days or by a fine not to exceed $1,000.

(Code 2002, § 82-125. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.440)

The submittal of false information to the city by any person in connection with a building, demolition, encroachment, or grading permit application, final report, appeal or audit procedure shall be deemed a violation of this chapter and shall subject the applicant to enforcement as set forth in Section 8.20.470.

(Code 2002, § 82-126. Ord. No. 07-1; Ord. No. 12-4; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.450)

If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

(Code 1965, § 5438; Code 2002, § 82-89. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.320)