Lindsay Municipal Code § 8.32 Recycling And Diversion Of Construction And Demolition Debris

The provisions of this ordinance are intended to amend the Lindsay Municipal Code to implement a construction and demolition debris recycling program to protect the public health, safety and welfare of the community and to achieve the mandate of the California Integrated Waste Management Act by Diverting Construction and demolition debris from landfills.

(Ord. 605, 2023)

For the purposes of this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:

Alternative daily cover (ADC)" means materials other than soil that have been approved by the California Integrated Waste Management Board for use as an overlay on an exposed landfill face.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, industry, public or private corporation, property owner, contractor, architect 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.

"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 or owner-builder) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in Lindsay.

"Construction and demolition (C&D) debris" means and includes:

1. Discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction or demolition of a structure or hardscape improvement as part of a construction or demolition project or from the renovation of a structure, hardscape improvement, and/or landscaping, and 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. Clean cardboard, paper, plastic, wood and metal scraps from any construction and/or landscape project; and
3. Minimal amounts of other non-hazardous wastes that are generated at the construction or demolition projects provided such amounts are consistent with best management practices of the industry.

"Covered project" means any residential or non-residential construction or demolition project that is subject to the requirements of the California Green Building Standards (Cal Green) as amended by the city of Lindsay in effect at the time of building permit application. Notwithstanding the above, in those cases in which a dangerous situation has been determined to exist by the building division and/or the police department, the recycling and salvage requirements of this chapter may be waived in total or in part by the community development director.

"Deconstruction" means the soft demolition of any facility, structure, hardscape improvement or building through a planned dismantling and salvaging of reusable materials and parts.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, hardscape improvement or building, whether in whole or in part, whether interior or exterior and/or the removal of landscaping materials, including green waste.

"Designated recyclable and reusable materials" means that portion of C&D debris that includes the following:

1. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick;
2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated or painted;
3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use;
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;
5. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material;
6. Salvageable materials and structures, including, but not limited to gypsum wallboard, doors, windows, mantelpieces, cabinets, lighting fixtures, toilets, sinks, bathtubs, appliances, decorative molding, flooring, carpeting, reusable hardware, bricks and decorative tiles in good repair; and
7. Any other materials which the city sustainability manager or their designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to Menlo Park, including facilities which can further sort mixed C&D debris through mechanical and/or manual processes in order to remove additional materials for reuse or recycling

"Diversion" means any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of materials, which causes materials to be diverted from disposal in landfills or incinerators and instead put to use as the same or different product. ADC is not a bona fide means of diversion

"Hardscape improvements" means swimming pools, driveways, parking lots, walkways, patios and decks.

"Non-recyclable/non-reusable materials" means that portion of C&D debris for which there is no available facility within sixty (60) miles of the City of Lindsay boundaries for the return of these materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.

"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting discarded materials that meet the quality standards necessary to be reused, remanufactured or processed.

"Salvage" means the controlled removal of designated recyclable and reusable materials from C&D debris, from a covered project, for the purpose of recycling, reuse, or storage for later recycling or reuse.

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground.

(Ord. 605, 2023)

Interior building fixtures and finishes such as doors, cabinets, plumbing and electrical fixtures and floor finishes in structures planned for demolition shall be made available for salvage and recovery prior to demolition. In order to ensure sufficient time for these activities, no demolition may commence until a period of at least seven (7) working days prior to the date of issuance of the demolition permit. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable materials prior to demolition. In the event the applicant believes that no materials can be salvaged for reuse or recycling from a particular project, a written form must be completed and provided to the building division identifying the reasons why salvaging cannot take place. The community development director or his designee will determine whether this requirement shall be waived in whole or in part. Recovered and salvaged material from the deconstruction phase shall qualify in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale.

(Ord. 605, 2023)

It is required that at least the following specified percentages of C&D debris waste tonnage generated from every covered project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs:

• 65 percent by weight of the solid waste including C&D debris from construction and demolition projects and 75 percent by weight of inert debris such as concrete and asphalt.

Demolition Projects. Residential demolitions of one thousand (1,000) square feet or greater and all non-residential demolition projects, (including non-residential interior demolitions) in the city of Lindsay shall meet the diversion requirements for both inert materials and non-inert materials established in the California Green Building Standards as amended in effect at the time of building permit application demolition.

Construction Projects. Residential (single-family and multifamily) construction projects of one thousand (1,000) square feet or greater and non-residential construction projects shall meet the diversion requirements for both inert materials and non-inert materials established in the California Green Building Standards in effect at the time of building permit application. Separate calculations will be required for the demolition portion and for the construction portion of projects involving both demolition and construction.

To ensure that recycled C & D material is reused, remanufactured or processed into viable products, use of the material as alternative daily cover (ADC) shall not count towards reaching the required diversion percentages.

(Ord. 605, 2023)

It is not the intention of this chapter to require the recycling, reuse or diversion of materials not subject to those processes. If non-recyclable/non-reusable materials are present, the following exceptions to this chapter may be granted by the community development director or designee:

1. An exception to the exclusion of ADC as a bona fide diversion method may be granted. If an exception is granted, any designated recyclable and reusable materials that are also present must be one hundred percent (100%) diverted from disposal in a landfill.
2. In the event that more of the waste tonnage is non-recyclable/non-reusable material than the allowable disposal percentage in current Cal Green, and a good faith effort made by the applicant and the city to locate a material recycling/reuse facility has been unsuccessful, an exception to the requirements of this chapter may be granted. If an exception is granted, any designated recyclable and reusable materials that are also present must be one hundred percent (100%) diverted from disposal in a landfill.

(Ord. 605, 2023)

1. Prior to issuance of permit, every applicant for building or demolition permits involving any covered project shall complete and submit a properly completed C&D Debris Recycling and Reuse Plan to the building official unless a C&D Debris Recycling Reuse Plan for the project is already on file with the city and within thirty days following project completion.
2. A C&D Debris Recycling and Reuse Plan must contain all of the following information:
3. The name and address of the person applying for the permit;
4. Unless waived by the building official or designee, evidence that the owner or owners of the subject property acknowledge that they are aware of and understand that a violation of any provision of this chapter may result in the imposition of penalties and that any unpaid penalties imposed may be declared a lien on the subject property;
5. A description of the project, including location, scope, required permit(s) and estimated timeline for completion of the project;
6. The intended salvage, reuse and recycling facilities, chosen from a list of facilities approved by the city, to use, collect or receive all construction and/or demolition debris from the project;
7. The names and addresses of all vendors and facilities proposed to be used to collect, receive, dispose, recycle, reuse or salvage the project C&D debris;
8. The recycling or reuse percentage rate, as applicable, of each vendor and facility proposed to be used to recycle or reuse the project C&D debris.

(Ord. 517 § 6, 2006)

1. A C&D Debris Recycling and Reuse Plan shall be approved or denied no later than thirty days after a complete application is made.
2. Notwithstanding any other provision of this chapter, no permit shall be issued for any covered project unless and until the C&D Debris Recycling and Reuse Plan has been approved.
3. All of the information has been remitted on the C&D Debris Recycling and Reuse Plan.
4. The C&D Debris Recycling and Reuse Plan establishes a mechanism such that the diversion requirement shall be met.
5. If the director determines that the C&D Debris Recycling and Reuse Plan application is incomplete or fails to indicate that one hundred percent of inert solids and at least fifty percent by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:
6. Return the C&D Debris Recycling and Reuse Plan application to the building official marked "Denied," including a statement of reasons, which shall then immediately stop processing the building or demolition permit application; or
7. Return the C&D Debris Recycling and Reuse Plan to the building official marked "Further Explanation Required."
8. Within thirty days following project completion, a final compliance report containing the following information and documentation must be submitted to the building official, listing every vendor or facility that collected, transported or received any C&D debris.
9. Copies of receipts from every vendor or facility that collected, transported or received any C&D debris. Each receipt must specify the weight of any project C&D debris handled by the vendor or facility and must clearly demonstrate that all such C&D debris originated from the project site;
10. A calculation of the actual percentage, determined by weight, of the project C&D debris that was recycled or reused for each vendor or facility that collected, transported or received material;
11. A description of the manner in which the project C&D debris was recycled or reused and the names and addresses of all vendors and facilities employed in the recycling or reuse of project C&D debris including the recycling or reuse rate of each vendor or facility, as applicable.
12. Failure to accurately account for and submit the required documentation for all project C&D debris in the final compliance report constitutes a violation of this chapter.

(Ord. 517 § 7, 2006)

During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the community development director or designee that can be converted to tonnage. The community development director or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.

The diversion of a minimum of the required percentages of the C&D debris shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.

To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.

To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.

To the maximum extent feasible on demolition and construction sites, designated recyclable and reusable materials shall be kept separate from non-recyclable/non-reusable materials. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.

(Ord. 605, 2023)

Within sixty (60) days following the completion of the demolition portion, the contractor shall submit documentation to the building division that complies with the requirements of this chapter. For construction projects, as a condition prior to final inspection and to approval of final inspection, the contractor shall submit to the building division documentation that complies with the requirements of this chapter.

The documentation shall consist of a final completed form showing actual tonnage data for recycled and diverted materials, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, or salvaged.

Any deposit posted shall be forfeited if the permittee does not furnish required reports within the time reporting requirements of this section. On an annual basis, the Director of City Services & Planning or designee shall compile a report that, at minimum, describes the number and type of permits issued, the number and type of projects covered by diversion requirements, the total tonnage generated and the estimated diversion resulting from these projects.

(Ord. 605, 2023)

The director or his designee shall administer this chapter and shall enforce the requirements of this chapter, including, but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.

(Ord. 517 § 11, 2006)

Applicants must comply with all city codes prior to any permit being issued under this chapter.

In addition to any other remedy authorized by this chapter or applicable law, any of the provisions of this chapter shall be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in Chapter 1.18 of the Lindsay Municipal Code and authorized by Section 53069.4 of the California Government Code. Each day of a continuing violation constitutes a separate violation.

(Ord. 605, 2023)

The applicant may file an administrative appeal as set forth in Chapter 1.18.080 of the Lindsay Municipal Code.

(Ord. 605, 2023)

Applicants must comply with city ordinance code Section 8.32.060 et seq. prior to any permit being issued under this chapter.

(Ord. 517 § 14, 2006)

Applicants for projects affected under this chapter shall accurately estimate the tonnage of C&D debris to be generated from the project, and a waste management plan as required by Cal Green for diverting materials generated by the project, on a form or forms provided by the city, and submit the form(s) to the building division, as a portion of the building permit process. Approval of complete and accurate form(s) and waste management plan shall be a condition precedent to issuance of any building permit for a construction or demolition project.

(Ord. 605, 2023)

As a condition precedent to issuance of any permit for construction or demolition for a covered project, the applicant shall pay to the city a cash fee sufficient to compensate the city for all direct and indirect expenses incurred in administering the permit. The amount of this fee shall be in an amount which is set by Resolution of the City Council.

(Ord. 605, 2023)

During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the community development director or designee that can be converted to tonnage. The Director of City Services & Planning or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.

The diversion of a minimum of the required percentages of the C&D debris shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.

To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.

To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.

To the maximum extent feasible on demolition and construction sites, designated recyclable and reusable materials shall be kept separate from non-recyclable/non-reusable materials.

Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.

(Ord. 605, 2023)

Every applicant and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this chapter.

(Ord. 605, 2023)