Redwood City Municipal Code § 9.199 Reporting

The purpose of the City of Redwood City Recycling and Salvaging of Construction and Demolition Debris Code is to protect the public health, safety, welfare, and environment by promoting the reduction of solid waste and reducing the stream of solid waste going to landfills. The recycling and waste reduction practices referenced in this Article are intended to achieve the following goals:

A. To encourage the conservation of natural resources;

B. To reduce waste in landfills generated by construction projects;

C. To comply with environmental goals set forth in City (Chapter 9, Article X) and State Green Building Codes (CALGreen Sections 4.408 and 5.408);

D. To comply with requirements set forth in the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) which encourage the establishment of programs such as those for recycling and salvaging of construction and demolition (C&D) materials which result in diverting materials from landfill disposal.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

For the purposes of this Chapter, certain terms used herein are defined as set forth below.

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

ALTERATION means, for the purposes of the recycling and diversion requirements in this Article, any change, addition, or modification in construction or occupancy of a structure or building.

ALTERNATIVE DAILY COVER (ADC) means materials other than soil, such as ash and cement kiln dust, treated auto shredder waste, construction and demolition waste, compost, green material, sludge, shredded tires, foam products, geo-synthetic fabric, and other materials 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.

BUILDING means, for the purposes of this Article, any residential, commercial, industrial, or institutional structure, but does not include fences, gates, or appurtenances located on the premises.

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 Redwood City.

CONSTRUCTION AND DEMOLITION (C&D) DEBRIS means and includes:

A. 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;

B. Clean cardboard, paper, plastic, wood and metal scraps from any construction, demolition, and/or landscape project; and

C. 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 all new construction, demolition, and debris removal permits or roofing projects for any residential or nonresidential buildings. Covered project also means any alteration or addition of any residential or nonresidential buildings when the value of the project is equal to or greater than fifty thousand dollars ($50,000.00). Notwithstanding the above, the Community Development Director may waive the requirements of this Article.

DECONSTRUCTION means the soft demolition (careful dismantling and/or sorting for recycling and reuse) of any facility, structure, hardscape improvement or building through a planned dismantling and salvaging of reusable materials and parts.

DEMOLITION means, for the purposes of the recycling and diversion requirements in this Article, the deconstructing, destroying, tearing down, or wrecking of any facility including its foundation. As used herein, the word demolition shall include any partial demolition and any interior demolition of a building.

DEPOSIT means any performance bond, surety bond, money order, letter of credit, or certificate of deposit or similar financial guarantee as approved by the permitting authority submitted to the City pursuant to this Article.

DESIGNATED RECYCLABLE AND REUSABLE MATERIALS means that portion of C&D debris that includes the following:

A. Masonry building materials including all masonry products generally used in construction including, but not limited to, asphalt, concrete, rock, stone, and brick;

B. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated, or painted;

C. 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;

D. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;

E. Roofing materials including wood shingles as well as asphalt-, stone-, and slate-based roofing materials;

F. 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

G. Any other materials which the Community Development Director or designee determines can be recycled or reused by or at a recycling facility, reuse facility, or market accessible to Redwood City, 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 puts the material to use as the same or different usable product.

HARDSCAPE IMPROVEMENTS means any improvement (non-building) including, but not limited to, swimming pools, driveways, parking lots, walkways, patios, and decks.

INERT MATERIAL means a non-liquid solid waste including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by a regional water board pursuant to Division 7 (commencing with Section 13000 et seq.) of the California Water Code and does not contain significant quantities of decomposable solid waste.

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.

RENOVATION/REMODELING means any change, addition or modification to an existing structure.

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

STANDARDIZED CONVERSION RATES means rates set forth in the standardized conversion rate table approved by the City pursuant to this Article for use in estimating the volume or weight of materials identified in the waste management plan.

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.

WASTE MANAGEMENT PLAN means a completed waste management plan (WMP) form, approved by the City for the purpose of compliance with this Article, submitted by the applicant for any covered or non-covered project.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

A. Structure and/or hardscape improvements planned for demolition shall be made available for deconstruction, salvage, and recovery prior to demolition.

B. 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. Additions to non-residential buildings or structures of at least one thousand (1,000) square feet, or alterations with an estimated construction cost of at least two hundred thousand dollars ($200,000.00) shall also recycle and/or salvage for reuse a minimum fifty percent (50%) of the nonhazardous construction and demolition debris.

C. Recovered and salvaged materials from the deconstruction phase shall qualify toward meeting the diversion requirements of this Article.

D. Recovered or salvaged materials may be given away, sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale.

E. In the event that it is determined that no materials can be salvaged for reuse from a particular project, written documentation shall be provided to the City as to the reasons why salvaging cannot take place at least three (3) working days before demolition begins. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this Section.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

A. It is required that at least the following specified percentages of C&D debris waste (by weight) generated from every covered project in the following categories shall be diverted from landfills by using recycling, reuse, salvage, or other diversion programs. All waste from the covered project site must be delivered to a South Bayside Waste Management Authority (SBWMA) certified recycling facility as described in Section 9.194 or facilities listed or certified by other Bay Area jurisdictions with a C&D debris ordinance.

1. All full demolition projects (residential and nonresidential): Projects shall be required to divert a minimum of sixty percent (60%) of total generated C&D debris tonnage and one hundred percent (100%) of inert material from the project.

2. All new construction projects (residential and nonresidential): Projects shall be required to divert a minimum of sixty percent (60%) of total generated C&D debris tonnage.

3. All Roofing Projects (Residential and Nonresidential): Covered Projects that replace wood shake, tile, concrete, asphalt, or composite shall be required to divert a minimum of sixty percent (60%) of total generated C&D debris tonnage.

4. Alteration or addition (residential and non-residential) projects: Projects shall be required to divert at least sixty percent (60%) of total generated C&D debris tonnage whose meets or exceeds fifty thousand dollars ($50,000.00).

5. To ensure that a high percentage of 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 for demolition or new construction projects.

B. For projects involving both demolition and construction, diversion percentages shall be calculated separately for the demolition and the construction portions of the products; separate calculations shall be prepared by the applicant and certified by the Chief Building Official or designee.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

Section 9.194 is effective upon the SBWMA creating a certified C&D debris recycling facility list. For the purpose of this Article, a certified recycling facility means a recycling, composting, materials recovery or reuse facility which the SBWMA has included in its list of recognized certified C&D debris recycling facilities.

The SBWMA shall include in its list of certified C&D debris recycling facilities only those facilities whereby the owner or operator of the facility submits documentation to satisfactorily confirm to the SBWMA:

A. That the facility has obtained all applicable Federal, State, and local permits, and is in full compliance with all applicable regulations; and

B. The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in the standards recognized by the SBWMA.

If available, the City will provide to each building permit applicant paying a diversion deposit a current list of SBWMA Certified C&D Debris Recycling Facilities.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

WASTE MANAGEMENT PLAN: Applicants for projects affected under this Article shall submit a properly completed "waste management plan" (WMP) on a form(s) provided by the City, and shall submit the form(s) to the City's Community Development Department, as a part of the building or demolition permit process.

A. Prior to issuance of any building or demolition permit, applicants must submit a complete and accurate WMP which then must be approved by the Chief Building Official or designee. The WMP must accurately estimate the tonnage of C&D debris to be generated from the project and provide other information regarding the applicant's plans for diverting materials generated by the covered project.

B. The Chief Building Official or designee may require the applicant to include in the WMP the following information:

1. The estimated volume or weight by material type of the covered project's C&D debris, to be generated;

2. The estimated 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 that material;

4. The estimated project completion date; and

5. The estimated volume or weight C&D debris that will be ultimately disposed of in a landfill or incinerator. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the City for this purpose.

C. The Chief Building Official will review the WMP form for the purposes of confirming the accuracy of the waste generation estimates and gathering data on the amount of waste generated from the project.

D. The applicant shall collect during the project, and submit to the Community Development Department upon project completion copies of the following:

1. Weight tickets such as from recyclers, landfills, transfer stations, or other entities that receive waste or materials generated by the project;

2. An inventory of reused items;

3. Receipts and other records from all recipients of discarded material that demonstrate the reuse, recycling, and disposal of all material generated by and hauled from the project; and

4. Such other documentation as necessary to establish compliance with the approved waste management plan.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

A. As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill and meets the covered project definition, the applicant shall post a cash deposit in an amount to be set by resolution of the City Council, for each estimated ton of generated C&D debris.

B. The deposit shall be returned, without interest, in total or pro rata, upon proof to the satisfaction of the Chief Building Official or designee, that no less than the required percentages or proven proportion of those percentages of the tons of C&D debris generated by the covered project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons than required were diverted, a proportionate share of the deposit will be returned and the City shall retain the remainder. If an applicant is substantially in compliance, the Chief Building Official or designee can grant a lower diversion rate for the project if the applicant demonstrates that a sixty percent (60%) diversion rate was not feasible despite a "good faith effort." The deposit shall be forfeited entirely if the applicant fails to comply with the requirements of this Chapter. If an applicant is not satisfied with the Chief Building Official or designee's decision, the applicant can appeal to the Community Development Director, whose decision is final.

C. Deposits that qualify for refund but that have gone unclaimed for a period exceeding sixty (60) calendar days past the final inspection or certificate of occupancy date shall be considered forfeited.

D. Forfeited deposits shall be turned over to a fund designated to further promote the development and expansion of recycling and waste reduction programs.

E. City may exempt the deposit requirement if an emergency demolition is required to protect public health and safety.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

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 expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the then current fee resolution of the City Council determining the same.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

A. During the term of the demolition or construction project, the applicant shall recycle or divert at least the required percentages of materials and shall keep written records thereof in tonnage or in other measurements approved by the Chief Building Official or designee that can be converted to tonnage. The Chief Building Official or designee will evaluate the records for each project to calculate the percentage of materials recycled, salvaged and/or that were reused from the project. Failure by the applicant to keep accurate written records shall constitute a violation of this Article.

B. 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.

C. For projects involving both demolition and construction, the applicant shall maintain separate records and shall prepare and submit to the building department separate calculations and reports for the demolition and for the construction portions of the projects.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

A. Within sixty (60) calendar days after final inspection or certificate of occupancy, the applicant shall submit documentation, entitled final report, to the Community Development Department which demonstrates compliance with the requirements of this Article. For covered projects that involve both demolition and construction, the applicant shall submit the final report for the demolition phase within sixty (60) calendar days following completion of the demolition phase and shall submit documentation for the construction phase within sixty (60) calendar days following completion of the construction phase.

B. The final report shall consist of a form describing diversion activities and showing actual tonnage data for recycled, diverted, and disposed 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.

C. Any deposit posted pursuant to Section 9.198 shall be forfeited if the applicant does not provide the final report within sixty (60) calendar days after the final inspection or certificate of occupancy date.

D. On an annual basis, the Community Development Director or designee shall compile a report that, at a 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. Annual summary reports shall be kept on file for a period not less than ten (10) years. Report data may be used for annual reporting purposes to demonstrate compliance with the mandates of AB939 to CalRecycle.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

A. Any person violating, or causing or permitting to be violated, any of the provisions of this Article, and the regulations adopted pursuant hereto, is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Article is committed, continued or permitted; and upon conviction of any such violations such person, firm or corporation shall be punished 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 both.

B. Notwithstanding any other provision of this Code, whenever violation of any Section contained in this Code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.

C. Civil Penalties. Any person who fails or refuses to submit a waste management plan for a covered project shall be liable to the City for a civil penalty of not more than ten thousand dollars ($10,000.00) plus actual damages incurred by the City per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the City may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

The City shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factor as justice requires.

D. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this Code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the City of Redwood City to abate a public nuisance, the prevailing party shall be entitled to reasonable attorney's fees. Recovery of attorneys' fees shall be limited as follows:

1. To those actions or proceedings where the City has elected to recover attorneys' fees at the initiation of such actions or proceedings.

2. The amount of attorneys' fees in any action, administrative action, or special proceedings awarded to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

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

(Ord. No. 2551, § 1(Exh. A), 9-29-25)