Moraga Municipal Code Ch. 15.08 Construction and Demolition Debris Recycling

It is the policy of the town of Moraga to reduce waste by encouraging the salvaging, reuse, and recycling of discarded materials pursuant to the California Integrated Waste Management Act of 1989 (AB 939).

(Ord. No. 255, § 2, 9-9-2015)

The purpose of this chapter is to comply with AB 939 and establish procedures for the diversion of at least fifty (50) percent of the town of Moraga's construction and demolition debris from landfill.

(Ord. No. 255, § 2, 9-9-2015)

For the purposes of this chapter, the following definitions shall apply:

"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 town for the applicable permits or approvals to undertake construction, demolition or renovation projects within the town.

"Certified C&D Recovery Facility" means any facility certified by the Central Contra Costa Solid Waste Authority (CCCSWA), or the town to recover at least fifty (50) percent or more of recyclable materials from C&D disposal and provide a receipt or other equivalent documenting this disposal and recovery.

"Construction" means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

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

"Conversion factor" means the value set forth in the standardized volume-to-weight conversion table approved by the town pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

"Covered project" means the projects that shall be subject to the requirements of Section 15.08.050(A) of this chapter.

"Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

"Divert" means to use material for any purpose other than disposal in a landfill.

"Disposal facility" means any facility permitted to receive solid waste, recyclable, or reusable waste materials.

"Diversion requirement" means redirection from the waste stream of at least fifty (50) percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan compliance official for the project.

"Non-covered project" shall have the meaning set forth in Section 15.08.050(B) of this chapter.

"Project" means any activity, which requires an application for a building, grading or demolition permit, or any similar permit from the town.

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the marketplace in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Renovation" means any change, addition or modification in an existing structure.

"Reuse" means further or repeated use of materials in their original form.

"Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

"Total costs" means the total construction value of the project using standard commercial and residential valuation formulas.

"Vendor" means a commercial recycler permitted by CCCSWA.

"Waste management plan (WMP)" means a completed WMP form, approved by the town for the purpose of compliance with this chapter, and submitted by the applicant for any covered project. The WMP shall identify C&D debris that will be generated for disposal and recycling, shall list the actual material weight or volume of the C&D debris and shall attach all disposal and recycling receipts.

"WMP compliance official (official)" means the designated town employee(s) authorized and responsible for implementing this chapter.

(Ord. No. 255, § 2, 9-9-2015)

The applicant for a covered project, as described in Section 15.08.050, shall divert construction and demolition debris in an amount required by the latest edition of the California Green Building Standards Code adopted by the town unless the applicant is granted an infeasibility exemption pursuant to Section 15.08.100, in which case the diversion requirement shall be agreed upon by the official.

(Ord. No. 265, §§ 6, 7, 1-11-2017)

Editor's note— Ord. No. 265, §§ 6, 7, adopted Jan. 11, 2017, repealed § 15.08.040, and enacted a new § 15.08.040 as herein set out. The former § 15.08.040 pertained to similar subject matter and derived from Ord. No. 255, § 2, adopted Sept. 9, 2015.

A. Covered Projects.

1. All projects within the town, the total costs of which are, or are projected to be, greater than or equal to fifty thousand dollars ($50,000.00), or which involve the construction, or renovation of one thousand (1,000) square feet or more, or otherwise defined as a covered project in the latest edition of the California Green Building Standards Code adopted by the town, shall be considered covered projects and shall comply with this chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcels, as determined by the official, shall be deemed a single project.

2. All projects undertaken by the town whose total costs are equal to or greater than fifty thousand dollars ($50,000.00), or which involve the construction, or renovation of one thousand (1,000) square feet or more shall be considered covered projects for the purposes of this chapter. The project sponsor shall submit a waste management plan (WMP) to the official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter.

3. Demolition-only projects within the town which are, or are projected to be, greater than or equal to three hundred (300) square feet shall be considered covered projects and shall comply with this chapter.

B. Non-covered Projects. All projects within the town that do not meet the threshold for covered projects shall be considered non-covered projects. Applicants for non-covered projects shall be encouraged to divert as much project-related construction and demolition debris as possible.

C. Building, Grading and Demolition Permits. No building, grading, demolition or similar permit shall be issued for a covered project unless and until the official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building, grading, demolition or similar permit issued for a covered project.

(Ord. No. 265, § 8, 1-11-2017)

Editor's note— Ord. No. 265, § 8, adopted Jan. 11, 2017, repealed § 15.08.050, and enacted a new § 15.08.050 as herein set out. The former § 15.08.050 pertained to similar subject matter and derived from Ord. No. 255, § 2, adopted Sept. 9, 2015.

An applicant for a covered project involving the removal of all or part of an existing structure shall use methods of deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to being transported for disposal to a recycling center, transformation facility, or landfill.

(Ord. No. 255, § 2, 9-9-2015)

A. In order to be counted toward the diversion requirement, C&D waste must be taken to a certified C&D recovery facility.

B. In order to establish compliance with this chapter, the applicant must submit all disposal documentation from a certified C&D recovery facility (to which the C&D debris is taken) and other Disposal Facilities (to which the non-recyclable materials are taken) to assist in determining whether the diversion requirement has been met.

C. The town shall make available to each applicant a current list of certified C&D recovery facilities.

(Ord. No. 255, § 2, 9-9-2015)

A. Applicants for any covered projects shall complete and submit a WMP on a form approved by the town of as part of the application submittal requirements for a building, grading, demolition or similar permit. The WMP shall include an acknowledgement of responsibility that the applicant and/or property owner understands the consequences of not meeting the fifty (50) percent diversion requirement and that the applicant and/or owner is responsible for the actions of its contractors or other agents with regard to the diversion requirement. Both the project property owner and general contractor will acknowledge this responsibility and indicate so by their signature on the WMP.

B. Initial Review of a Waste Management Plan (WMP) at Permit Issuance. No building, grading, demolition or similar permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the official has made an initial review and approval of the WMP. Approval shall not be required, however, when the town determines an emergency demolition is required to protect public health or safety. A WMP shall receive initial approval only when the official determines that the following conditions have been met:

1. The WMP provides all of the information requested on the form; and

2. The WMP indicates how fifty (50) percent or more of all C&D waste generated by the project will be diverted.

If the official determines that these two conditions have been met, the WMP shall be marked as "Approved" and a copy of the WMP returned to the applicant.

C. Review—"Further Explanation Required." If the official determines that the WMP does not comply with the provisions of Section 15.08.080(B), the official shall return the WMP to the applicant marked "Further Explanation Required."

(Ord. No. 255, § 2, 9-9-2015)

A. Documentation. Prior to the scheduled inspection(s) of a covered project, the applicant shall submit documentation demonstrating achievement of the diversion requirement for the project to the official in accordance with the approved schedule. This documentation shall include the following:

1. A copy of the previously approved project WMP with the addition of recyclable and/or reusable C&D and refuse waste volume or weight data entered on the form;

2. Receipts, tickets, or any other documentation from certified C&D recovery facilities that documents disposal for each C&D debris material type by weight or volume and clearly indicates whether each material was landfilled or recycled; and

3. Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or to other considerations as determined by the official, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the town for this purpose.

C. Determination of Compliance. The reviewing official shall consider the information submitted pursuant to Section 15.08.090(A) in order to determine whether the applicant has complied with the diversion requirement as follows:

1. Full Compliance. If the reviewing official determines that the applicant has fully complied with the diversion requirement of this chapter, such compliance shall be indicated on the WMP.

2. Good Faith Effort to Comply. If the diversion requirement has not been achieved, the official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the chapter. In making this determination, the official shall consider the availability of markets for the C&D debris landfilled, the size of the project and the documented efforts of the applicant to divert the C&D debris. If the official determines that the applicant has made a good faith effort to comply with this chapter, such determination shall be indicated on the WMP.

3. Non-compliance. If the official determines that the applicant has not fully complied with the diversion requirement of this chapter, the official may withhold final project approval, until full compliance can be established. If the official determines that the applicant has fully failed to comply with the diversion requirements of this chapter, then a fine of one thousand dollars ($1,000.00), or one (1) percent of project cost, whichever is less, will be levied against the WMP applicant and/or property owner and used by the town to recover the costs of administering the provisions of this chapter.

(Ord. No. 255, § 2, 9-9-2015)

A. Application. If an application for a covered project experiences unique circumstances that the applicant believes makes it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the WMP is submitted as required under Section 15.08.080. The applicant shall indicate on the WMP the minimum rate of diversion that is feasible for each material and the specific circumstances that makes it infeasible to comply with the diversion requirement. Increased costs to the applicant generally will not be sufficient basis for an exemption unless such costs are extraordinary.

B. Meeting With the Official. The official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. The official may request staff from the CCCSWA to attend this meeting or may require the applicant to request a separate meeting with CCCSWA staff. Based on the information supplied by the applicant and, if applicable, CCCSWA staff, the official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the official shall determine the minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The official shall return a copy of the WMP to the applicant marked "Approved for Infeasibility Exemption."

D. Denial of Exemption. If the official determines that it is possible for the applicant to meet the diversion requirement, the official shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a WMP form in compliance with Section 15.08.080. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 15.08.080, the official shall return the WMP in accordance with Section 15.08.080(C).

(Ord. No. 255, § 2, 9-9-2015)

Appeal of any determination made under this chapter shall be made to the town manager, who shall review the determination of the official and make an independent determination of the issues in accordance with the terms and provisions of this Chapter 15.08. The decision of the town manager is final.

(Ord. No. 255, § 2, 9-9-2015)

A violation of any provision of this chapter constitutes a nuisance and may be abated as provided in the town of Moraga Municipal Code. A separate violation shall occur for each day or part of a day during which this violation exists. In addition, a violation of this chapter shall be subject to other civil and criminal procedures and fines as provided by the town of Moraga Municipal Code and California Law.

(Ord. No. 255, § 2, 9-9-2015)

As a condition precedent to the issuance of any permit for a covered project requiring proof of diversion, the applicant shall pay the town a fee as established by resolution of the town council to cover the actual cost associated with administration of the program.

(Ord. No. 255, § 2, 9-9-2015)

The town supports green building construction projects. Recognizing that waste reuse and diversion is an important component of green building rating, the WMP and supporting recycling disposal data can be used to satisfy Build it Green "GreenPoint" and Leadership in Energy and Environmental Design (LEED) Green Building Rating System requirements for construction waste diversion. Contractors and/or property owners should check with their GreenPoint or LEED system rater to confirm that the requirements of this chapter will satisfy waste diversion requirements for the project covered by this application. GreenPoint or LEED Green Building Rating System certification will not excuse a project from the requirement to comply with this chapter.

(Ord. No. 255, § 2, 9-9-2015)