Monte Sereno Municipal Code Ch. 9.10 Construction & Demolition Debris Diversion

A. Persons applying for a permit from the City for new construction, building renovation, remodel, additions or alterations and demolition projects shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the City. If the requirements of CALGreen, as amended, are more stringent than the requirements of this Section, the CALGreen requirements shall apply.

B. All projects within the City, including City-sponsored projects, shall be subject to the Waste Management Plan requirement of Section 9.10.060.

C. All new construction and demolition projects within the City, including City-sponsored projects, shall comply with this Chapter and shall submit a Waste Management Plan prior to the beginning of any construction and demolition activities:

(1) Newly constructed buildings and demolition.

(2) Non-residential renovation, remodel, addition, or alterations to an existing structure within the City, as determined by the building official.

(3) Residential renovation, remodel, addition, or alternations that increase the structure's conditioned area, volume, or size, as determined by the building official.

(Ord. NS-241, § 8, 4-16-2024)

A. This Section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:

(1) 4.408.1 Construction Waste Management Residential (recycling requirements);

(2) 5.408.1 Construction Waste Management Non-Residential (recycling requirements);

(3) 4.410.2 Recycling by Occupants Residential (recycling enclosure requirements);

(4) 5.410.1 Recycling by Occupants Non-Residential (recycling enclosure requirements);

(5) 5.408.2 Diversion by Waste Management Non-Residential (universal waste diversion requirements).

B. It is required that at least sixty-five (65) percent of waste tonnage and one hundred (100) percent of excavated soil from new construction, demolition, or existing construction such as addition, alteration, or repair projects shall be diverted from disposal.

(Ord. NS-241, § 8, 4-16-2024)

A. Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition.

B. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this Chapter.

(Ord. NS-241, § 8, 4-16-2024)

A. The Regional Agency is authorized to designate and approve C&D processing facilities. The Regional Agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the Regional Agency and shall obtain third party certification for mixed C&D processing.

B. A mixed C&D processing facility is required to obtain third party certification prior to registration with the Regional Agency. The Regional Agency will apply the standards described in the then-current facility certification program, consistent with the procedures set forth in this Chapter, to determine whether a facility qualifies for approval of registration. Any facility certified under a terminated certification program must reapply and receive certification under the then-current program.

C. C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the Regional Agency.

(Ord. NS-241, § 8, 4-16-2024)

A. No later than thirty (30) days following the completion of a covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and requirement set forth in Section 9.10.20 and submit documentation to department of public works that demonstrates compliance with the requirements of this Chapter.

B. The documentation shall be submitted in a form consistent with City requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies.

C. Progress reports during construction may be required.

D. All documentation submitted pursuant to this Section is subject to verification by City.

E. It is unlawful for any person to submit documentation to City under this Section that a person knows to contain any false statements, including, but not limited to, false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.

(Ord. NS-241, § 8, 4-16-2024)

Each violation of the provisions of this Chapter shall constitute a misdemeanor and be subject to the provisions of Section 1.01.010 of this code.

(Ord. NS-241, § 8, 4-16-2024)

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. NS-241, § 8, 4-16-2024)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City and Regional Agency hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.

(Ord. NS-241, § 8, 4-16-2024)