Fresno County Municipal Code Ch. 8.25 Construction and Demolition Debris Disposal Ban

A. The state of California through its California Waste Management Act of 1989. Assembly Bill 939, codified as Public Resources Code Section 40000, et seq. ("AB 939"), requires that each local jurisdiction in the state divert fifty percent of discarded materials (base year 1990, using state-prescribed methodology) from landfill deposition.

B. The county could face fines up to ten thousand dollars a day for not meeting the above-mandated goal.

C. Construction and demolition debris constitutes approximately ten percent of the waste stream in the unincorporated areas of the county. These materials have significant potential for waste reduction and recycling.

D. The county finds that diverting and recycling construction and demolition debris is essential to further the county's efforts to reduce waste and comply with AB 939.

E. Construction and demolition debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled, increase site and worker safety, and be cost-effective.

F. Except in unusual circumstances, it is feasible to divert construction and demolition debris from construction, demolition, and renovation projects.

(Ord. 04-008, § 1)

It is the purpose and intent of this chapter to ban the disposal of construction and demolition debris at the American Avenue an Coalinga Landfills, which are operated by the county, in order to promote the general health, safety and welfare of Fresno County and its inhabitants.

(Ord. 04-008, § 1)

This chapter is adopted pursuant to the police power of the county of Fresno as set forth in Article XI, Section 7, of the California Constitution.

(Ord. 04-008, § 1)

For purposes of this chapter, the following terms shall be defined as follows:

A. "Construction and demolition debris" means the debris, used construction materials, dredging, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation or construction clean-up activities at residential, commercial or governmental buildings, and any other structure or pavement.

B. "Construction and demolition debris processing facility" means a facility designed and permitted to process mixed construction and demolition debris.

(Ord. 04-008, § 1)

The disposal of construction and demolition debris at the American Avenue and Coalinga Landfills is banned, except as expressly authorized under the provisions of Section 8.25.060.

(Ord. 04-008, § 1)

The ban set forth in the preceding Section 8.25.050 does not apply to loads of construction and demolition debris that conform to the following conditions:

A. Individual loads consisting of three cubic yards or less;

B. Mixed loads where construction and demolition debris represents less than twenty percent of the load;

C. Loads containing disaster debris resulting from a locally or federally declared disaster;

D. Loads containing more than fifty percent of construction and demolition debris for which there is no adequate local market infrastructure, as determined by the director of the department of public works and planning or his designee;

E. Loads that have been pre-processed at a construction and demolition debris processing facility; and

F. Loads containing non-friable asbestos that meet county guidelines.

(Ord. 04-008, § 1)