Larkspur Municipal Code Ch. 15.26 Construction and Demolition Debris Program

For the purposes of this chapter, the following words have the following definitions:

“Alternative daily cover (ADC)” means disposal facility cover material, other than organic waste and at least six (6) inches of earthen material, placed on the surface of the active face of the refuse fill area at the end of each operating day to control vectors, fires, odor, blowing litter and scavenging, as defined in Title 27, Section 20164 of the California Code of Regulations.

“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 any construction, demolition or renovation project within the City.

“Avoided disposal regulatory fee” means three (3) percent of the value of the project, not to exceed ten thousand dollars ($10,000.00), or such fee as may hereafter be set by City Council resolution.

“Chief Building Official” means the Chief Building Official, including their designee.

“C&D diversion report” means a report submitted by an applicant, on a form approved by the Chief Building Official, which contains documentation of the diversion of C&D waste and such additional information deemed necessary by the Chief Building Official to document accomplishment of the requirements of this chapter.

“Certified C&D recycling facility” means a recycling, composting, materials recovery or reuse facility determined to process incoming construction and demolition materials to divert from landfill or transformation for which the JPA has issued a certification.

“Construction and demolition waste (C&D waste)” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, deconstruction or demolition operations on any pavement, house, commercial building or other structure.

“Deconstruction” means a process to carefully dismantle or remove usable materials from structures, as an alternative to demolition.

“Diversion” or “diverted” means a reduction of the amount of waste being disposed in a landfill or transformation facility by any of the following methods:

1. Use of new construction methods, as described in regulations promulgated by the Chief Building Official,
that reduce the amount of waste generated.

2. On-site reuse of the waste.

3. Delivery of the waste from the site to a certified C&D recycling facility described in Larkspur Municipal
Code Section 15.26.040.

4. Other methods as approved in regulations promulgated by the Chief Building Official.

“Joint powers authority” or “JPA” means the Marin County Hazardous and Solid Waste Management Joint Powers Authority.

“Project” means a construction, demolition or renovation project for which a building permit is required under Larkspur Municipal Code Chapter 15.04.

“Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials such as newsprint, mixed paper, glass containers, aluminum beverage containers, small scrap and cast aluminum, steel including “tin” cans, empty aerosol cans, bimetal containers, plastic bags, plastic food containers, Nos. 1 through 7 plastics regardless of form or mold, aluminum foil and pans that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place.

“Reuse” means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.

“Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. Transformation does not include composting, gasification, or biomass conversion. (Ord. 1069 § 5, 2023; Ord. 1062 § 14, 2022; Ord. 985 § 1, 2012)

Upon the effective date of the ordinance codified in this chapter, each person who obtains a building permit for a project subject to this chapter shall submit a C&D diversion report to the Building Department prior to final inspection of the project, except for those projects listed in Larkspur Municipal Code Section 15.26.030 that may self-certify. If the Chief Building Official determines that the applicant has not satisfied the diversion requirements of this chapter, the person who has obtained a building permit shall pay an avoided disposal regulatory fee. (Ord. 1069 § 5, 2023; Ord. 985 § 1, 2012)

A. A C&D diversion report shall not be required for the following when the applicant has completed and signed the required forms certifying that all construction and demolition debris will be properly diverted and recycled in conformance with this chapter:

1. That portion of a project being deconstructed where removed materials are reused on site as part of the
project.

2. Work for which a building permit is not required under Larkspur Municipal Code Chapter 15.04.

3. Projects where the affected area is five hundred (500) square feet or less.

4. Removal and reinstallation of roof covering materials.

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

6. Seismic tie-down projects.

7. Installation or replacement of shelves.

8. Installation of prefabricated patio enclosures and covers where no foundation or other structural
building modifications are required.

9. Installation of swimming pools and spas; provided, that the exemption shall apply only to:

a. The area to be excavated for the installation of the pool or spa; and

b. The area for the pad for the pool/spa equipment that does not exceed sixteen square feet; and shall
not apply to any related construction or alterations necessary for any other equipment or accessories,
nor to any other portion of the project.

10. Installation of prefabricated accessories such as signs or antennas where no structural building
modifications are required.

11. If the Chief Building Official determines that it is infeasible for the applicant to meet the diversion
requirement due to unique circumstances, they shall determine the maximum feasible diversion rate for each
material and shall issue the final approval on any permitted work or approve the issuance of a certificate of
occupancy if the maximum feasible diversion rate is met.

B. No project shall be separated into smaller projects for the purpose of evading the requirements of this chapter. (Ord. 1069 § 5, 2023; Ord. 1062 § 14, 2022; Ord. 985 § 1, 2012)

The JPA may certify a facility as a certified C&D recovery facility. The JPA will maintain a list of certified C&D recovery facilities. (Ord. 1062 § 15, 2022; Ord. 985 § 1, 2012)

Diversion requirements for a project shall be a minimum of sixty-five (65) percent or meet the requirements of the adopted California Green Building Standards Code (CALGreen), whichever is more stringent. (Ord. 1062 § 15, 2022; Ord. 985 § 1, 2012)

Moneys received by the City as avoided disposal regulatory fees shall be used only for:

A. Cost of administration of the program established by this chapter;

B. Cost of programs whose purpose is to divert the waste from construction, demolition, and alteration projects from landfill disposal, transformation and use as ADC; and

C. Costs of programs whose purpose is to develop or improve the infrastructure needed to divert the waste from construction, demolition and renovation projects from disposal in a landfill, transformation facility or use as ADC. (Ord. 985 § 1, 2012)