Cupertino Municipal Code Ch. 16.72 Recycling and Diversion of Construction and Demolition Waste

A. Under California law as embodied in the California Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills;

B. In order to meet these goals it is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills; and

C. Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the city and much of this waste is particularly suitable for recycling and reuse;

D. The city’s commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (C&D) waste.

(Ord. 17-2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise.

1. “Applicant” means 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 construction, demolition, or renovation project within the City.

2. “California Green Building Standards Code” means the latest California Green Building Standards Code as adopted per Cupertino Municipal Code Section 16.58.010 with all local amendments as set forth in Chapter 16.58.

3. “Construction” means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.

4. “Construction” and “demolition debris” or “C&D debris” means materials resulting from the construction, remodeling, or demolition of buildings of other structures. “Construction and demolition debris” includes, but is not limited to, asphalt, rock and dirt related to construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

5. “Covered project” means project meeting the specifications of § 16.72.030 of this section.

6. “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.

7. “Director of Public Works” shall be the Director of Public Works and his or her duly authorized agents and representatives.

8. “Divert” means to reuse material so it is not disposed of in a landfill or incinerated.

9. “Diversion requirement” means the diversion of a percentage, as determined from time to time by the Director of Public Works or the amounts, criteria and requirements specified in the applicable California Green Building Standards Code, whichever is more restrictive, of the total construction and demolition debris generated by a project via reuse or recycling.

10. “Project” means any activity, which requires an application for a building or demolition permit, or any similar permit from the city.

11. “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.

12. “Renovation” means any change, addition, or modification in an existing structure.

13. “Reuse” means further or repeated use of construction or demolition debris.

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

15. “Waste Management plan” means, collectively, a plan and all related reporting documentation prepared in a format approved by the Director of Public Works, that fulfills the recycling reporting requirements specified in the applicable California Green Building Standards Code. Copies of supporting documentation shall be required and included as a part of the final construction and demolition debris recycling reporting.

(17-Ord. 2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)

A. All construction, demolition and renovation projects within the City that are subject to the criteria and requirements specified in the applicable California Green Building Standards Code shall comply with this section.

B. Compliance with this chapter shall be listed as a condition of approval on any building or demolition permit, or any similar permit issued for a covered project.

(17-Ord. 2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)

A. Applicants for any covered project are required to recycle or divert at least sixty-five percent (65%), or meet the amounts, criteria and requirements specified in the applicable California Green Building Standards Code, whichever is more restrictive, of all materials generated for discard by the project.

B. If an Applicant for a Covered Project experiences circumstances that the Applicant believes make it impossible to comply with the Diversion Requirement, the Applicant shall submit written justification with the Waste Management Plan. The Director of Public Works will determine, in writing, whether any diversion requirements shall be waived in whole or in part on grounds of impracticability or impossibility.

(17-Ord. 2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)

Every applicant shall submit a properly completed waste management plan on a form approved by the Public Works Director, as a portion of the building or demolition permit application process for a covered project.

A. The vendor that the applicant proposes to use to haul the materials must be consistent with the franchise currently in effect pursuant to the provisions of Chapter 6.24;

B. Approval by the Director of Public Works, or designee, of the waste management plan as complying with the applicable California Green Building Standards Code shall be a condition precedent to the issuance of any building or demolition permit for a covered project.

(17-Ord. 2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008; Ord. 23-2252, Att. A (part), 2023)

As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay to the City any required deposit and any required application fee as set forth in the municipal fee schedule.

(17-Ord. 2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)

Within 60 days after the completion of any covered project, the applicant shall submit to the Public Works Director or designee a construction and demolition debris recycling report, demonstrating that the applicant has met the diversion requirement for the project. Failure to comply with the reporting requirement may delay approval of the final inspection or the recovery of any bond or deposit held by the city.

(17-Ord. 2164, 2017; Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)