Hillsborough Municipal Code Ch. 15.18 Construction Waste Reduction, Disposal and Recycling Enforcement

Footnotes:

--- (11) ---

Editor's note— Ord. No. 799, § 3(Exh. A), adopted December 9, 2025, in effect repealed Ch. 15.18 and enacted a new Ch. 15.18 as set out herein and as may later be amended. Former Ch. 15.18 pertained to the recycling of construction and demolition debris and derived from Ord. No. 771, adopted September 13, 2021.

The California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 through 49620), created by AB 939 (chaptered as 1095) of the 1989 Legislative Session, declares that "the amount of solid waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement an aggressive new integrated waste management program." (Public Resources Code Section 40000(d)) under Public Resources Code Section 41780, the town is required to divert fifty percent of all solid waste on and after January 1, 2000, through source reduction, recycling, and composting activities. Under Public Resources Code Section 41850, the California Integrated Waste Management Board may impose administrative civil penalties upon the town of up to ten thousand dollars per day for failure to make a good faith effort to implement the town's source reduction and recycling element adopted by the town as mandated by Section 41000 of the Public Resources Code.

The purpose of this chapter is to promote the recycling and/or salvage for reuse of nonhazardous construction and demolition waste in order to protect the public health, safety, and welfare, and to meet the town's obligations under AB 939 and the current version of the California Green Buildings Standards Code (CALGreen).

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

The town adopts and shall enforce the construction waste management requirements of CALGreen, including any successor provisions, and in accordance with Chapter 15.19.

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

The building official is designated as the enforcing officer for purposes of this chapter. Every person or entity to whom a building or demolition permit has been issued ("permittee") shall comply, and require their subcontractors to comply, with the provisions of this chapter.

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

If the construction waste management documentation method chosen to demonstrate compliance with CALGreen construction waste management requirements is a construction waste management plan, the applicant shall submit the plan in a manner no less restrictive than that prescribed in Section 4.408 of CALGreen and in a format as determined by the building official.

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

No building or demolition permit shall be issued until the applicant has submitted verification of the compliance method to be utilized and not until the construction waste management compliance method has been verified by the building official or his or her designee.

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

Any person or entity which has previously failed to comply with CALGreen construction waste management requirements or with the other provisions of the ordinance codified in this chapter may, at the time of submitting any subsequent construction waste management documentation for approval, be required to pay a monitoring fee in the amount set from time to time by resolution of the city council to cover the costs of monitoring compliance with the approved construction waste management compliance method. The decision as to whether the facts warrant the imposition of the monitoring fee shall be made by the building official.

(Ord. No. 799, § 3(Exh. A), 12-9-2025)

Violation of any provision of this chapter, including, but not limited to:

A. Demolition or construction before having or without having an approved construction waste management method;

B. Failure to comply with the CALGreen construction waste management requirements;

C. Failure to provide all required documentation prior to final inspection shall subject the violator to a penalty of up to ten times the permit fee for the building or demolition permit, as determined by the building official, as set forth in Sections 15.04.070 and 15.70.020(A) of this code.

(Ord. No. 799, § 3(Exh. A), 12-9-2025)