Fairfield Municipal Code Art. IX Construction and Demolition Waste

Purpose and intent. The purpose of these provisions is to prescribe requirements designed to meet and further the goals of the Act; as well as the California Green Building Code (which has been adopted by Section 5.2.14 of this Code). Therefore, the City requires compliance with the following provisions of the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11: (1) Section 4.408 Construction Waste Reduction, Disposal and Recycling Residential, (2) Section 4.410.2 Recycling by Occupants Residential, (3) Section 5.408.1 Construction Waste Management Non-residential, and (4) Section 5.410.1 Recycling by Occupants Non-residential.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.620)

The Collection of Construction and Demolition Waste deemed applicable per section 9.470 by any Person who does not have a Construction and Demolition Waste Collection Agreement with the City is in violation of this Chapter. When such Collection of Construction and Demolition Waste without a Construction and Demolition Waste Collection Agreement is identified by the City, the City shall have the discretion to take any or all of the following actions:

1. The Person found to be providing or paying for a subcontractor to provide for Construction and Demolition Waste Collection that does not have an approved Construction and Demolition Waste Collection Agreement will be notified of the violation via first-class mail, email, or personal service.

2. The Person providing the collection of Construction and Demolition Waste shall be given 24 hours from the date of the notice to remove any and all Containers used to collect the Construction and Demolition Waste.

3. If the Person does not apply for a Construction and Demolition Waste Collection Agreement and fails to remove Containers within the 24-hour period given, City staff may initiate abatement procedures pursuant to Chapter 27, section 27.401(r) of the City Code.

4. Per Section 9.330, no Person shall place a Container in the public right-of-way without the prior written consent of the City Manager.

(Ord. No. 2009-14, § 1; Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.630)

Construction and Demolition Waste generated from applicable construction, remodeling, or demolition projects shall be diverted from disposal to landfills through recycling, reuse and diversion programs to meet the current required diversion as described in the California Green Building Standards Code, adopted pursuant to Chapter 5, section 5.2.14 of this Code, which is 65% diversion as of 2021. Separate calculations, plans and reports are required for the construction portion and demolition portion of projects.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.640)

Projects subject to the California Green Building Standards Code shall also comply with the requirements of this Article, whichever is more stringent. Projects subject to the requirements of this article include any project that consists of one or more of the following:

1. Any new construction project that requires a permit.

2. Any demolition projects that require a permit.

3. Any non-residential additions that require a permit.

4. Any non-residential alterations that require a permit.

5. Any residential additions or alterations that increase the building’s conditioned area, volume, or size.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.650)

1. Emergency work to demolish, construct, or alter a structure deemed a hazard or substandard structure by the California Building Code through the Building Official.

2. Any project which may be contaminated by hazardous waste.

3. Demolition of a building or structure, or a portion thereof, that is equal to or less than 999 square feet.

4. Addition or alteration of commercial, industrial, institutional, multi-family building, single family home, or structure that is equal to or less than 999 square feet.

5. In unusual and unique circumstances, the City Manager may exempt a specific project from the requirements of this Article IX.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.660)

1. Prior to permit issuance projects must submit Waste Reduction Recycling Plan identifying the estimated construction and demolition diversion.

i. No building permit or demolition permit shall be issued without an approved Waste Reduction and Recycling Plan.

ii. In lieu of a Waste Reduction and Recycling Plan, the applicant can contract the services of an Authorized C&D Collector and provide a copy of said contract to the City Manager for acceptance prior to permit issuance.

iii. All information for Waste Reduction and Recycling Plan may be submitted via hardcopy on City approved forms or submitted electronically online through a City approved site.

2. Deposits:

i. A deposit of three 3% of the total project value, not to exceed $10,000, may be required if the applicant is not achieving the 65% diversion, or the current diversion requirement set by the CalGreen Building Standards Code, for their previous or existing Waste Reduction and Recycling Plan based on quarterly diversion reports or if the applicant has not submitted the required reports.

ii. Applicants receiving a Non-Compliance determination for previous Waste Reduction and Recycling Reports will be required to submit a 3% of total project value, not to exceed $10,000, deposit on five subsequent projects following the Non-Compliance determination.

iii. Upon the City’s determination that the applicant has complied with this article for the five projects, the applicant shall not be required to comply with the 3% deposit provision unless a new violation of this article has occurred.

3. Submittal of Waste Reduction and Recycling Plan:

i. Every applicant shall submit a properly completed Waste Reduction and Recycling Plan as a requirement of the building or demolition process.

ii. The Waste Reduction and Recycling Plan and required information may be submitted electronically online or submitted as a hard copy. City approved forms must be used.

iii. The Waste Reduction and Recycling Plan shall be submitted to the City Manager for review and approval prior to permit issuance.

iv. The Waste Reduction and Recycling Plan can cover multiple building permits for lots where construction activity is occurring at the same time by the same applicant (i.e. residential subdivisions).

v. The applicant must provide information on the Waste Reduction and Recycling Plan that identifies project information and materials to be recycled and/or disposed of and facilities or service providers to be used.

vi. The City will deny approval of an incomplete Waste Reduction and Recycling Plan.

vii. The applicant must submit the additional information requested to the City and resubmit Waste Reduction and Recycling Plan to be reviewed for approval.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.670)

A. Compliance.

i. Inspection: City may inspect project sites to determine compliance with Waste Reduction and Recycling Plan.

ii. Proof of Diversion: After Waste Reduction and Recycling Plan is approved and building permit issued, applicants will be required to submit proof of compliance quarterly and at the end of each project to demonstrate compliance with the project specific Waste Reduction and Recycling Plan. End of project reports are to be submitted at the end of the project as a precedent to final inspection and certificate of occupancy.

iii. There are no additional reporting requirements if an Authorized C&D Collector has been utilized.

B. Proof of Compliance includes:

i. A completed and approved copy of the Waste Reduction and Recycling Plan.

ii. Receipts from vendors, landfill or facilities which collected or received each material showing the actual weight of that material (Recyclables, Organic Waste and Garbage). Each receipt must clearly state the project title, date, and location of facility for each project.

iii. Weight tickets from landfill and materials salvaged or reused in current project. Each weight ticket must clearly state the project, date and location for each project.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.680)

All projects where an Authorized C&D Collector is the waste hauler are required to achieve 65% diversion, or the California Green Building Standards Code minimum diversion requirements, pursuant to the applicable Collection Agreement. For Self-haul projects the City Manager shall review the Waste Reduction and Recycling Plan and report and determine whether the applicant has complied with the diversion requirements as follows:

1. Full compliance. City Manager will notify the applicant and the building department if the diversion requirements have been met.

2. Good faith effort to comply. If the City Manager determines that the diversion requirements have not been achieved, a case-by-case determination shall be considered if a “good faith effort to comply” has been issued.

3. Non-Compliance. If the City Manager determines that the applicant has not made good faith efforts to comply, the applicant will receive a “Non-compliance” determination.

4. Applicants that have received a “Non-Compliance” determination will be required to post a deposit that is 3% of the total project value of the applicant’s next five consecutive Waste Reduction and Recycling Plans (not to exceed $10,000 for each plan).

5. Projects that have been constructed without the submittal and compliance with a Waste Reduction and Recycling Plan shall be subject to a $1,000 penalty, will receive a “Non-Compliance” description and will be required to post a deposit that is 3% of the total project value of the applicant’s Waste Reduction and Recycling Plan for the next five consecutive Waste Reduction and Recycling Plans (not to exceed $10,000 for each plan).

6. Any deposits that are forfeited and/or fines that are collected shall be deposited into the Solid Waste Fund and will be used to implement the City’s recycling program.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.690)

Construction and Demolition Waste must be hauled to an approved facility that has obtained all applicable federal, state and local permits, and is in full compliance with all regulations, and its percentage of diversion meets current requirements set forth by the City.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.700)

The City will periodically evaluate this diversion of Construction and Waste article to determine its effectiveness in reducing the amount of Construction and Demolition Waste landfilled. If the City determines that additional Construction and Demolition Waste can reasonably be diverted beyond that which is required herein, the City may amend these provisions and implement additional measures and accompanying fees to divert more materials.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.710)

Nothing in this chapter shall limit the right of an individual or applicant to donate, sell or otherwise dispose of recyclables, provided that such disposal is in accordance with provisions of this chapter.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.720)

The City Manager is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this article. All such rules and regulations shall be consistent with the provisions of this article.

(Ord. No. 2013-01, § 1; Ord. No. 2021-13, § 1. Formerly 9.730)