Pittsburg Municipal Code Art. II Construction And Demolition Debris Recycling

The city will apply California Green Building Standards Code (CalGreen) standards that requires a percentage by weight of job site debris generated by most types of building project types be recycled, reused, or otherwise diverted from landfill disposal. This requirement applies to demolition projects and most new construction, as well as the majority of building additions or alterations. The recycled, reused, or otherwise diverted materials and requirements will comply with adopted CalGreen standards. CalGreen requires submission of plans and reports with verifiable post-project documentation to demonstrate that at least 65 percent of the nonhazardous construction and demolition (C&D) debris generated on the job site is salvaged for reuse, recycled or otherwise diverted.

(Ord. 19-1461 § 2, 2019)

A. Covered Projects. All construction and renovation, residential and nonresidential, projects within the city, the total costs of which are, or are projected to be, greater than or equal to $100,000, or which involve the construction of projects 2,500 square feet or larger ("covered projects"), shall comply with this subsection (A). All demolition projects regardless of value shall comply with this section. All roofing or re-roofing projects valued at $10,000 or greater or a project where 50 percent or more of the roof areas is re-roofed, or where a project requires five squares or more of roofing material regardless of permit value, shall comply with this section. 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 and any adjoining parcel, as determined by the WMP compliance official, shall be deemed a single project.

B. Exempt Projects. Applicants for construction and renovation projects within the city which are not covered projects ("exempt projects") shall divert as much project-related construction and demolition debris as possible as set forth in PMC § 8.06.040, Mandatory duty to recycle – Penalties. Immediate or emergency demolition required to protect the public health, safety or welfare, as determined by a public safety official or code compliance officer, shall also be considered an exempt project.

C. Building and Demolition Permits. No building, site development or demolition permit shall be issued for a covered project unless and until the WMP compliance 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, site development or demolition permit issued for a covered project.

D. Projects Sponsored by the City or Successor Agency. All construction, demolition and renovation projects sponsored by the city or successor agency shall be considered covered projects for the purposes of this chapter. The project sponsor shall submit a WMP to the WMP compliance official prior to beginning any activities and shall be subject to all applicable provisions of this chapter.

(Ord. 19-1461 § 2, 2019)

A. WMP Forms. Applicants for building, demolition, or site development permits involving any covered project shall complete and submit a waste management plan ("WMP"), on a WMP form approved by the city for this purpose as part of the application packet for the building, demolition, or site development permit. The completed WMP shall indicate all of the following:

1. The estimated volume or weight of project debris, by materials type, to be generated;

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;

3. The vendor or facility that the applicant proposes to use to collect or receive the materials; and

4. The estimated volume or weight of materials that will be landfilled.

B. Calculating Volume and Weight of Debris. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates provided by the city for this purpose.

C. Acknowledgement of Responsibility. The WMP shall be signed by both the contractor and owner acknowledging (1) the consequences of not meeting the 65 percent diversion requirement including being subject to fines and (2) they are responsible for the actions and inactions of their subcontractors with regard to this diversion requirement.

D. Deconstruction. In preparing the WMP, applicants for building, demolition, or site development permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Materials generated in this process shall be considered divertable C&D debris and included in the amount of waste generated.

(Ord. 19-1461 § 2, 2019)

The city grants the right and privilege for refuse and recycling services. The city has an exclusive franchise agreement for the collection of residential and multifamily dwelling solid waste collection service and commercial and industrial solid waste collection service. All applicants and entities shall use this service unless the project size requires alternative management of moving debris materials, consistent with the franchise agreement.

(Ord. 19-1461 § 2, 2019)

A. Approval. Notwithstanding any other provision of this code, no building, demolition, or site development 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 WMP compliance official has approved the WMP. The WMP compliance official shall only approve a WMP if he or she first determines that all of the following conditions have been met:

1. The WMP provides all of the information set forth in PMC § 8.10.070;

2. The WMP indicates that at least 65 percent of all C&D debris generated by the project shall be diverted;

3. Contractor and owner have signed the WMP.

If the WMP compliance official determines that these three conditions have been met, he or she shall mark the WMP "Approved" and return a copy of the WMP to the applicant.

B. Nonapproval. If the WMP compliance official determines that the WMP fails to (1) provide all of the info set forth in PMC § 8.10.070, (2) indicate that at least 65 percent of all C&D debris generated by the project will be reused or recycled, or (3) to have both the contractor's and owner's signatures, he or she shall either:

1. Return the WMP to the applicant marked "Denied," including a statement of reasons; or

2. Return the WMP to the applicant marked "Further Explanation Required."

(Ord. 19-1461 § 2, 2019)

All applicants shall maintain all construction and demolition debris and other solid waste in a visually pleasing manner. These materials shall be contained in debris boxes or other type devices. These materials shall not be piled anywhere or discarded throughout the job site.

(Ord. 19-1461 § 2, 2019)

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under PMC § 8.10.070. Increased costs to the applicant will not be a sufficient basis for an exemption unless such costs are extraordinary. The applicant shall indicate on the WMP the maximum amount of diversion he or she concludes is feasible for each material and the specific circumstances that he or she concludes make it infeasible to comply with the diversion requirement.

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

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

D. Denial of Exemption. If the WMP compliance official determines that it is feasible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in full compliance with PMC § 8.10.070. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with PMC § 8.10.070, the WMP compliance official shall deny the WMP.

(Ord. 19-1461 § 2, 2019)

The applicant may appeal the denial of application for infeasibility exemption or denial of WMP decision to the city pursuant to this chapter in accordance with Chapter 1.08 PMC et seq. The matter shall be heard by a hearing officer and shall be limited to (A) the granting or denial of an infeasibility exemption or (B) a noncompliance determination. Notice of any appeal from the applicant from the ruling of the WMP compliance official must be filed with the community development director within 10 days of the date that such ruling is made. The decision of the hearing officer upon such appeal shall be final and shall not be appealable to the city council or to any other city body or official.

(Ord. 19-1461 § 2, 2019)

A. Documentation. No permit or approvals related to the project site shall be issued by the city until the applicant complies with the provisions of this section. The completed WMP must be approved prior to final occupancy.

The applicant shall submit documentation to the WMP compliance official along with a completed WMP that documents the diversion requirement for the project has been met in order to receive final occupancy approval or final demolition permits. This documentation shall include the following:

1. The completed WMP submitted for approval shall list for each construction and demolition material type generated, the actual material by weight the project generated, and receipts from both the disposal and recycling facilities and/or licensed haulers that received each material showing clearly whether the material was disposed or recycled;

2. Any additional information the applicant deems 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 construction and demolition debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall follow all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.

C. Determination of Compliance and Release of Permit. The WMP compliance official shall review the information submitted under subsection (A) of this section and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the WMP compliance officer determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall indicate such compliance on the WMP.

2. Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP compliance 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 C&D debris. If the WMP compliance official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall so indicate on the WMP.

3. Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by subsection (A) of this section within the required time period, then the applicant shall be in violation of this chapter and be liable for a civil penalty, and may be subject to any other remedy provided by this chapter. No certificates of occupancy or other permits or approvals relating to the project site shall be issued by the city until the civil penalty has been paid in full.

(Ord. 19-1461 § 2, 2019)