Chapter 15.34 — CONSTRUCTION AND DEMOLITION DEBRIS COLLECTION, TRANSPORTATION, WASTE

REDUCTION AND RECYCLING REQUIREMENTS[6]

Editor's note— Ord. No. 13315, § 1, adopted June 22, 2015, amended Chapter 15.34 in its entirety to read as herein set out. Formerly, Chapter 15.34, §§ 15.34.010—15.34.090, pertained to construction and demolition debris waste reduction and recycling requirements, and derived from Ord. No. 12253, § 1, adopted in 2000.

The provisions of Section 15.34.010 through Section 15.34.090 inclusive, shall be known as the City of Oakland "Construction and Demolition Debris Collection, Transportation, Waste Reduction and Recycling Requirements."

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)

The purpose of these provisions is to prescribe requirements designed to meet and further the goals of the California Integrated Waste Management Act of 1989 Assembly Bill 939 and the Alameda County Waste

Reduction and Recycling Act of 1990 (Measure D), and to comply with the requirements of Cal Sections 5.408.1 and 4.408.1 and SB 1383 regulations CCR 14 Section 18989.I(a)(2) (the Short-lived Climate Pollutant Reduction Act of 2016), to maximize the recycling and salvage of C&D debris through commercially viable options and by requiring all construction, alteration, addition, renovation, repair and demolition projects to comply with the City's requirements.

The intent of these provisions is to divert at a minimum sixty-five (65) percent of C&D debris from landfills; process and return the materials into the economic mainstream thereby conserving natural resources; and stimulate markets for recycled and salvaged materials.

Chapters 4 and 5 of 2016 and 2019 CALGreen require that applicants for construction permits recycle and/or salvage for reuse a minimum of sixty-five (65) percent of the non-hazardous construction and demolition waste in accordance with this Code.

The City of Oakland requires that applicants for construction permits additionally recycle and/or reuse one hundred (100) percent of asphalt and concrete and recycle sixty-five (65) percent of the remaining material generated. All plant and tree debris shall be separated from the other material and one hundred (100) percent of the plant and tree material shall be composted.

The City Administrator or his/her designee is authorized to develop guidelines to implement the requirements of this Chapter, which may be amended from time to time.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015; Ord. No. 13745, § 1, 6-20-2023)

For the purpose of this Chapter 15.34, the following definitions shall apply:

"Addition" means an extension or increase in floor area or height of a building or structure.

"Affected Project" shall be all residential and nonresidential construction, alteration, addition, renovation, repairs, and demolition projects regardless of size or value. Affected projects shall include the following, regardless of project value or size:

•

All new construction (residential and nonresidential); and

•

All historic resource removal; and

•

All demolition (residential and nonresidential); and

•

All additions, alterations and repairs (residential and nonresidential), regardless of size and affected project value.

"Alteration" means any construction or renovation to an existing structure other than repair or addition.

"Apartment House" means any building or portion thereof that contains three (3) or more dwelling units and, for the purpose of this Chapter, includes residential condominiums.

"Appeal" means the process outlined in Section 15.34.090.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity that undertakes any construction, demolition, addition, or alteration project within the City.

"Building Official" means the officer or other designated authority charged with the administration and enforcement of the California Building Code ("CBC") and the City's amendments to the CBC.

"CALGreen" means the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 2020 and effective January 1, 2023, as amended, supplemented, superseded and replaced from time to time.

"Construction" means the manner or method of building.

"Construction and demolition debris," "C&D Debris," or "Construction Debris" means materials resulting from construction, alteration, addition, renovation, repairs, and demolition operations on any house, residential property, commercial building, pavement or other structure for which the City requires a building or demolition permit, or from a nonpermitted municipal project. Construction and demolition debris includes, but is not limited to, rocks, soils, tree remains and other plant debris which results from land clearing or land development operations in preparation for construction. C&D debris may include materials that have been source separated.

"Demolition" means the deconstructing, destroying, razing, tearing down, or wrecking of any facility including its foundation, covered by this Chapter. As used herein, the word "demolition" shall include any partial demolition and any interior demolition affecting more than ten (10) percent of the replacement value of the structure as determined by the Building Official. Demolition work includes: (1) proper handling of materials pursuant to applicable regulations and approved plans, if any, (2) termination of utilities serving the premises including permits and final inspections and approvals, (3) removal of driveways and repair of public sidewalks, as required, and (4) site cleanup and restoration including grading, landscaping, and fencing as required.

"Director" means the Public Works Director of the City of Oakland, or his/her designee.

"Divert," "Diverted," or "Diversion" means to use C&D debris for any purpose other than disposal in a landfill, incineration facility, or alternative daily cover. Methods to divert materials from landfills include reuse, salvage, and recycling.

"Diversion Attainment" means at least sixty-five (65) percent by weight of the total C&D debris is diverted on an affected project or the diversion requirement in CALGreen, whichever is higher.

"Facility" shall mean a facility that receives and processes construction and demolition debris into its component material types for reuse, recycling, and disposal of residuals.

"Fixed Body Vehicle" means any wheeled motor vehicle that does not rely on a roll-off box or other detachable container to collect, contain and transport material.

"Hearing Officer" means the City staff designated by the City Administrator to whom appeals can be made under this Chapter.

"Historic Resource" means those properties designated as historic properties as per Chapter 17 of the City of Oakland Planning Code.

"Non-Affected Projects" means projects that do not require a WRRP. Applicants for non-affected projects shall be encouraged to divert at least sixty-five (65) percent of all project-related C&D debris.

"Non-Exclusive Franchise (NEF) Agreement" means an agreement between the City and a debris hauling service to perform said services for affected projects per Section 15.34.040.

"Non-Permitted Municipal Projects" means construction and/or demolition projects on or of City-owned property, managed by City employees, which are not required to obtain a building or demolition permit.

"Qualified Third-Party Verifier" or "Verifier" refers to an individual or organization that evaluates processing capabilities and verifies diversion rates for mixed construction and demolition debris facilities and is approved by Oakland Public Works as a qualified third-party verifier.

"Recycle" or "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying C&D debris.

"Renovation" means the process of improving a building to return it to good condition.

"Repair" means any construction or renovation to an existing structure other than alteration or addition.

"Reuse" means diverting material for repeated use in the same form. This includes materials that are reused at the same location as they are generated.

"Salvage" means the diverting of C&D debris from a building or demolition site for the purpose of reuse, or proper storage for future reuse.

"Source Separated" means materials that have been segregated from other C&D debris, for the purpose of diversion, by or for the generator thereof at the service address at which the materials were generated.

"Summary Report" means the report to be submitted to the Building Official at the conclusion of the affected project and prior to the final inspection, issuance of a temporary certificate of occupancy, or certificate of occupancy.

"Targeted Materials" means the C&D debris listed on the WRRP form that could potentially be reused, recycled, or salvaged.

"Third-Party Verification" refers to the process by which a qualified third-party verifier reviews and verifies the facility diversion rates and evaluates the facility fitness relative to the minimum construction and demolition debris diversion requirements set forth by Oakland Public Works.

"Third-Party Verification Report" is a report prepared by a qualified third-party verifier documenting the completion of a third-party verification within the last twelve (12) months and certifying that the facility is a verified facility.

"Unpermitted materials" means wastes or other materials that class III disposal sites may not receive under their permits.

"Verified Facility" refers to a facility that has successfully completed third-party verification and is therefore eligible to become a registered facility, subject to issuance of a registered facility certification by Oakland Public Works.

"WRRP" means waste reduction and recycling plan.

"WRRP Form" means a form, provided by the City for the purpose of compliance with this Chapter that must be submitted by the applicant for any affected project.

"WRR Review Official" means the Waste Reduction and Recycling Review Official who is the City staff designated and authorized by the City Administrator and is responsible for implementing this Chapter.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015; Ord. No. 13745, § 1, 6-20-2023)

A.

Pursuant to the authority provided by Article X, Section 1000 of the Oakland City Charter, any franchise for the collection and transportation of C&D debris within the City may be granted by the City Administrator or designee on such terms and conditions as are determined by the City Council to be in the best interests of the City. Such terms and conditions shall be evidenced by a written NEF agreement, approved in form by the City Council, and executed by the City Administrator and franchisee(s).

B.

It is unlawful to collect, transport or dispose of construction and demolition debris anywhere in the City except as provided for in this Chapter. It is unlawful for any person other than persons in possession of an NEF agreement granted by the City, or those persons employed by such franchised collector(s) to collect or transport any construction and demolition debris within the City except:

Donated Materials. Construction and demolition debris generated in the City that are donated by the generator.

Materials Hauled by Owner or its Contractor. Construction and demolition debris that are removed from any service address and are transported to a processing or disposal site by:

(a)

The owner of such service address;

(b)

The full-time employee of the owner that uses the owner's equipment to transport materials; or

(c)

A construction contractor or sub-contractor performing construction work at the service address, whose collection and transport of the C&D debris is incidental to the service being performed, provided that such contractor uses a fixed-body vehicle for the collection and transportation of the C&D debris, and such contractor collects and transports the materials at no additional or separate fee using contractor's employees and contractor's equipment. For purposes of this Section, except as set forth below, the term "incidental to the service being performed" shall mean that the material requiring collection and transportation is generated by the activity of the contractor performing the hauling.

I.

For example, a construction contractor who remodels a kitchen can collect and transport those materials related to such construction in a fixed body vehicle for no additional fee without obtaining a non-exclusive C&D debris franchise agreement granted by the City.

II.

As an additional example, a contractor or sub-contractor whose responsibility with relation to the project is to clean up a site and transport C&D debris generated by other contractors or the owner/occupant must obtain a non-exclusive C&D debris franchise agreement from the City, and the collection and transport of such C&D debris from the site by such contractor is not considered as "incidental to the service being performed."

III.

A contractor or sub-contractor whose WRRP is approved by the WRRP Review Official as subject to the "incidental to the service being performed" contractor exemption provided in this Section 15.34.040 subsection B.2(c), but that subsequently elects not to collect and transport C&D debris, must engage the services of a person or persons in possession of a non-exclusive franchise agreement granted by the City.

(d)

Projects on City Property. C&D debris removed from a project site by City employees, provided that the C&D debris being removed is generated from a City-owned property.

(e)

Where an owner or contractor is exempt from having to possess an NEF agreement pursuant to Section 15.34.040 subsection B, the owner or contractor must submit and abide by the recycling requirements noted in their approved WRRP. C&D debris must be taken to a facility that has third-party verification as described in Section 15.34.040 subsection C.

C.

C&D debris collected under this Chapter shall only be transported to and processed and/or disposed of at facilities permitted to accept, process and/or dispose of C&D debris under applicable law.

Facilities permitted to accept C&D debris and shall obtain third-party verification to verify diversion rates.

The Director shall establish a third-party verification process/program with enforcement mechanisms.

Facilities permitted to accept C&D debris shall implement computerized systems that automatically upload certified weight records, also known as a weight ticket or weighmaster certificate, into the City C&D waste tracking software at the time a weight record is generated for each load arriving at the facility. Certified weight records shall include:

a.

Facility name, location and contact information.

b.

Ticket number, date, time in and time out.

c.

Construction project site permit number.

d.

Waste tracking software record number (i.e. GHXX-XXX-XXXX).

e.

Load origin (City).

f.

Hauler name, address, and contact information.

g.

Hauler vehicle license number, motor carrier permit number, or other identifying information.

h.

Load description (i.e., concrete, mixed C&D waste, etc.).

i.

Amount of material delivered in tons, pounds or cubic yards.

D.

The following materials shall not be collected under this Chapter unless a collector is otherwise authorized to do so by applicable law: hazardous waste (as defined by Section 8.28.010), medical waste (as defined by Section 8.28.010), unacceptable waste (as defined by Section 8.28.010), batteries, human waste and other potentially infectious material, and liquid wastes.

E.

Pursuant to the authority provided in this Section 15.34.040 subsection A, the City Administrator may promulgate rules and regulations, create forms and issue guidelines as appropriate and necessary to implement the requirements of this Section 15.34.040.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015; Ord. No. 13745, § 1, 6-20-2023)

The City may collect from non-exclusive C&D debris franchisees monies to recover the cost of administering the C&D debris program and in consideration of award of a franchise agreement.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)

A.

WRRP Forms. For affected projects, prior to issuance of a building or demolition permit, the applicant shall complete and submit a WRRP form to the City's Building Official. The completed WRRP form shall delineate all of the following:

The estimated volume or weight of the affected project C&D debris to be generated, listed by each type of material; and

Volume or weight of the C&D debris to be reused, salvaged or recycled listed by each type of material; and

The estimated volume or weight of C&D debris that will be landfilled listed by each type of material.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)

A.

Notwithstanding any other provision of this Chapter, no building or demolition permit shall be issued by the City for any affected project prior to approval of the WRRP by the WRR Review Official. Approval shall not be required if an emergency demolition is required to protect public health or safety pursuant to Section 15.36.080.

B.

Using the established guidelines, the WRR Review Official shall approve a WRRP only if:

The WRRP provides all the information set forth in Section 15.34.050 of this Chapter; and

The WRRP indicates that at least one hundred (100) percent by weight of all inert C&D debris generated by the project will be diverted or reused; and

The WRRP indicates that at least sixty-five (65) percent by weight of all non-inert C&D debris generated by the project will be diverted or reused; or

The applicant demonstrates good cause as to why at least one hundred (100) percent by weight of all inert C&D and/or at least sixty-five (65) percent by weight of all non-inert C&D debris generated by the project will not be diverted.

If the WRR Review Official fails to approve the WRRP, he/she shall explain in writing the basis for denial.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015; Ord. No. 13745, § 1, 6-20-2023)

A.

Documentation. At the conclusion of each affected project and prior to the final inspection, issuance of temporary certificate of occupancy, or certificate of occupancy by the City, the applicant shall submit to the Building Official a summary report which contains the following documentation:

The actual volume or weight of C&D debris that was diverted by type of material, diversion method, and the actual volume or weight of C&D debris that was not diverted;

Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this Chapter 15.34;

Any barriers encountered that prohibited diversion of C&D debris; and

Any recommended actions that would further the efforts to recycle C&D debris.

B.

Determination of Diversion. The WRR Review Official shall review the information submitted under Section 15.34.050(A) to determine whether the applicant has diverted sixty-five (65) percent by weight of the C&D debris based on established guidelines, as follows:

Diversion Attainment. The applicant shall be found to have achieved a diversion attainment if at least sixty- five (65) percent by weight of the C&D debris generated by the affected project is diverted, and appropriate documentation as outlined in Section 15.34.070 is provided.

Good Faith Effort. When the WRR Review Official determines that the affected project has not achieved diversion attainment, he/she shall determine whether the applicant has made a good faith effort to comply with this Chapter 15.34. In making this determination, the WRR Review Official may consider information submitted by the applicant, the availability of markets for the C&D debris that was not diverted, the size and type of project, the documented efforts of the applicant to divert C&D debris, and barriers encountered.

Nonattainment. The WRR Review Official shall determine the affected project to have a nonattainment status if he/she determines that the applicant has not made a good faith effort to achieve diversion attainment or if the applicant fails to submit the documentation required by Section 15.34.070. All nonattainment information including applicant name, type and size of project, and any reason for nonattainment shall be documented by the WRR Review Official.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)

A.

Audit. City's WRR Review Official may inspect and monitor all affected projects to determine levels of actual diversion activities and validate the information provided in the WRRP and summary report.

B.

Supporting Documentation. Applicant shall retain the receipts or weight tickets for the quantities of materials reused, salvaged, recycled and landfilled as indicated in the summary report form for one (1) year after the final inspection, and issuance of temporary certificate of occupancy or certificate of occupancy.

C.

Materials Targeted for Diversion. The City Administrator or his/her designee may change the C&D debris materials targeted for diversion from time to time, based on local markets and conditions to further the intent of this Chapter.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)

An appeal of the WRR Official's decision not to approve the WRRP shall be made to the Hearing Officer according to the following appeal procedures:

A.

Within ten (10) calendar days after the date of a written decision by the WRR Review Official to deny the WRRP, an appeal in writing from said decision must be filed with the WRR Review Official by the applicant or any other interested party on a form prescribed by the WRR Review Official. The appeal shall state specifically the error, abuse of discretion, or claim where the decision of the WRR Review Official was not supported by substantial evidence in the record.

B.

Upon receipt of the appeal, the Hearing Officer shall set the date for consideration thereof and, not less than ten (10) days prior thereto, give a written notice to the applicant and or appellant.

C.

In deciding the appeal, the Hearing Officer shall consider the purpose and intent, as well as the letter, of the pertinent provisions of this Chapter 15.34, and shall affirm, modify, or reverse the written decision of the WRR Review Official.

D.

The written decision of the Hearing Officer shall be final.

E.

Appeal fees shall be in accordance with the City's master fee schedule.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)

A.

Penalty for Violation. Any person convicted of an infraction under the provision of this Chapter shall be punished upon a first conviction by a fine of not more than one hundred dollars ($100.00) and, for a second conviction within a period of one (1) year, by a fine of not more than two hundred dollars ($200.00) and, for a third or any subsequent conviction within a one-year period, by a fine of not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both.

B.

Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.

C.

Violations Deemed a Public Nuisance. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance.

D.

Civil Actions. In addition to any other remedies provided in this Chapter, any violation of this Chapter may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A temporary and/or permanent injunction;

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection (including attorneys' fees);

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation (including attorneys' fees).

E.

Authority to Issue Citations. Authorized enforcement officials or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this Chapter.

F.

Administrative Enforcement Option. Chapters 1.08, 1.12 and 1.16 of this Code, which provide for alternative code enforcement mechanisms, including but not limited to a civil penalty program and an administrative citation program, are incorporated by reference as if fully set forth herein.

G.

Remedies Not Exclusive. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 13672, § 1, 12-21-2021; Ord. No. 13315, § 1, 6-22-2015)