Daly City Municipal Code Ch. 15.64 Recycling and Diversion of Construction and Demolition Debris

For purposes of this chapter, the following definitions apply:

"Applicant" means each person who applies for a building or demolition permit pursuant to Title 15 of the Municipal Code.

"C&D debris" means and includes:

1. Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project;

2. Remnants of new materials, including, but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.

"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.

"Covered project" means and includes any project which exceeds the thresholds set forth in Section 15.64.040 of this chapter.

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

"Structure" means anything constructed or erected.

(Ord. 1325 § 2 (part), 2006)

Diversion Requirement—The minimum diversion percentage requirement shall be set by the latest locally adopted California Green Building Standards Code for waste tonnage from construction, demolition, and alteration projects. Waste shall be diverted from disposal. This may be accomplished by delivering mixed debris to a recycling facility approved by the city, separating recyclables at the job site and delivering them to reuse and recycling facilities approved by the city, and/or reusing concrete or other waste materials at the jobsite.

(Ord. 1325 § 2 (part), 2006)

(Ord. No. 1461, § 14(Exh. M), 11-28-2022)

If an applicant for a covered project experiences circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for a diversion requirement exemption at the time that he or she submits the waste management plan (WMP) required under Section 15.64.070 (Waste management plan) of this chapter.

(Ord. 1325 § 2 (part), 2006)

A. Covered Construction and Alteration Projects. All residential and commercial alteration projects within the city projected to be greater than fifteen thousand dollars; and, all new construction projects greater than twenty-five thousand dollars shall be subject to the provisions of this chapter.

B. Covered Demolition Projects. All complete demolition projects within the city shall comply with the provisions of this chapter.

C. Covered Roofing Projects. All roofing tear-off projects greater than one hundred square feet within the city shall comply with the provisions of this chapter.

(Ord. 1325 § 2 (part), 2006)

For all covered projects, it shall be the responsibility of the applicant to recover the maximum feasible amount of designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable material from every project shall qualify to be counted in meeting diversion requirements of Section 15.64.020 (Diversion requirement) of this chapter. Recovered or salvaged designated recyclables and reusable materials may be given away or sold on the premises, or may be removed to reuse facilities for storage or sale.

(Ord. 1325 § 2 (part), 2006)

The following construction and demolition projects within the city are not required to comply with the provisions of this chapter:

A. Work for which a building or demolition permit is not required;

B. New construction projects of less than twenty-five thousand dollars and alteration projects of less than fifteen thousand dollars in value;

C. Roofing projects that include tear-off of existing roof and are less than one hundred square feet;

D. Work for which only a plumbing, electrical, or mechanical permit is required;

E. Seismic tie-down projects;

F. Projects where no structural building modifications are required;

G. Emergency demolition required to protect the public health and safety.

While not required, it shall be encouraged, that at least sixty percent of all project-related C&D debris from exempt projects be diverted.

(Ord. 1325 § 2 (part), 2006)

Every applicant for a covered project with a total cost projected to be thirty thousand dollars or greater shall submit a properly completed "Waste management plan" (WMP) to the WMP compliance official, in a form as prescribed by that Official, as a portion of the building or demolition permit process. At a minimum, the completed WMP shall contain the following:

A. The estimated weight of project debris to be generated;

B. The types of debris that will be generated;

C. The applicant's strategy for diverting at least sixty percent of the debris from disposal;

D. The vendor(s) that the applicant proposes to use to haul the materials;

E. Approved facility(ies) the materials will be hauled to;

F. Any planned on-site or off-site reuse of debris from the project.

Because actual material weights are not available in this stage, estimates are used. In estimating the weight of materials as identified in the WMP, the applicant shall use the standardized conversion rates approved by the City of Daly City for this purpose. Approval of the WMP as complete and accurate shall be a condition precedent to the issuance of any building or demolition permit.

(Ord. 1325 § 2 (part), 2006)

As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a deposit in the amount established by the city in the schedule of fees. The city shall establish minimum and maximum deposit amount. The deposit shall be returned, without interest, in total or prorated, upon proof of satisfaction by the WMP compliance official that no less than the required percentage of C&D debris tonnage generated by the covered project has been diverted from disposal and has been recycled or reused. Delivery of C&D debris to recycling and/or reuse facilities approved by the city shall be considered proof of such diversion.

(Ord. 1325 § 2 (part), 2006)

The deposit required by Section 15.64.080 of this chapter shall be forfeited entirely if there is a failure to comply with the requirements of this chapter. Compliance with this chapter shall be listed as a condition of approval on any construction, alteration and demolition permit issued for a covered project.

(Ord. 1325 § 2 (part), 2006)

The city shall establish in the schedule of fees an administrative fee to recover the cost of administering this chapter.

(Ord. 1325 § 2 (part), 2006)

Within one hundred twenty days following the completion of the covered project, as evidenced by a final inspection, the applicant shall, as a condition for the refund of the recycling, submit documentation to the WMP compliance official that proves compliance with the requirements of Sections 15.64.070 (Waste management plan) and 15.64.020 (Diversion requirement) of this chapter. The documentation shall consist of actual debris tonnage data, supported by original or certified photocopies of receipts, weight tags, invoices, reports or other records of measurement from recycling companies, deconstruction contractors, and/or landfill and disposal companies. Such documents will be used to verify whether debris generated from the covered project has been or are to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse debris that are salvaged or disposed are measured and recorded using the most accurate method of measurement available.

To the extent practical, all C&D debris shall be weighed in compliance 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, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

(Ord. 1325 § 2 (part), 2006)

A. 1.

The city council finds that the California Integrated Waste Management Act of 1989, Assembly Bill 939 requires that each local jurisdiction in the state divert fifty percent of waste from landfill disposal; and that the city could face fines up to ten thousand dollars per day for not meeting state diversion mandates.

2. In order to effect the social and environmental policies of this chapter, and to avoid the potential for the community to bear the costs for individuals' noncompliance, the city council adopts the below enforcement alternatives.

B. Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of Chapter 8.16 of this code. The costs of abatement of any such nuisance shall be a lien upon the property involved.

C. 1.

Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for up to six months, or by a fine of up to one thousand dollars, or both. Each day that a violation continues shall be deemed a new and separate offense.

2. Failure to secure a building permit that requires compliance with this chapter, or failure to reflect that construction requiring a permit would result in diversion and/or recycling in compliance with this chapter shall also constitute a violation of this chapter; and each violation shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for up to six months, or by a fine of up to one thousand dollars, or both.

D. Administrative Penalties.

1. For the first failure to comply with the provisions of this chapter, the Department of Economic and Community Development shall issue to the affected person a written notice that includes the following information:

a. A statement specifying the violation committed;

b. A specified time period within which the affected person must correct the failure of file a written notice disputing the notice to comply;

c. A statement of the penalty for continued noncompliance.

2. For each subsequent failure to comply with any provisions of this chapter following written notice pursuant to this section, the city's administrative appeals board may levy an administrative penalty not to exceed five thousand dollars. Any statement informing a violator of a citation shall include a notice setting forth the hearing rights provided in Chapter 8.16 of this code.

3. Any person assessed an administrative penalty pursuant to this section may dispute the penalty by requesting a hearing before the administrative appeals board provided that no hearing request shall be deemed timely filed and no hearing shall be held unless, within the time period to request a hearing, the person deposits with the city's Department of Finance money in the amount of any unpaid penalty due under this section. If as a result of the hearing it is determined that the penalty was wrongly assessed, the city shall refund any money deposited to the person.

4. It shall not be a defense to the assessment of any penalty or to any other civil enforcement action provided for under this section for a person to assert that any violation of this chapter was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.

5. Any administrative penalty collected hereunder shall be deposited in an account of the City of Daly City to be used as reimbursement for the costs and expenses of administration and enforcement of this chapter or compliance with state or local recycling mandates or regulations.

E. The penalties, fines, nuisance abatement and administrative remedies established by this section are not exclusive, and nothing in this section shall preclude any person, or the City of Daly City, from seeking any other remedies, penalties, or procedures provided by law.

(Ord. 1325 § 2 (part), 2006)

A. Money received by the City as diversion deposits shall be used only for payment of diversion deposit refunds except as provided in subsection B.

B. Diversion deposits that are no longer eligible for a refund under Reporting Section 15.64.110 may be used for any of the following purposes:

1. Cost of administration of the program established by this Part;

2. Cost of programs that divert from landfill disposal the waste from construction, demolition and alteration projects;

3. Cost of programs that develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects.

(Ord. No. 1461, § 14(Exh. M), 11-28-2022)