San Anselmo Municipal Code Ch. 20 Construction and Demolition Materials Recovery

For the purposes of this chapter, the following words have the following definitions:

"Alternative Daily Cover (ADC)" means a Cover Material, other than organic waste and at least six (6) inches of earthen material, placed on the surface of the active face of the refuse fill area at the end of each operating day at a disposal site to control vectors, fires, odor, blowing litter and scavenging, as defined in Title 27 California Code of Regulations section 20164.

"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 to undertake any construction, demolition or renovation project within the Town.

"Avoided Disposal Regulatory Fee" means three (3%) percent of the value of the Project, not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars or such fee as may hereafter be set by Town Council resolution.

"Certified C&D Recovery Facility" means a recycling, composting, materials recovery or re-use facility determined to process incoming construction and demolition materials to divert from landfill or transformation for which the JPA has issued a certification.

"C&D Diversion Report" means a report submitted by an applicant, on a form approved by the Building Official, which contains an estimate of the amount of C&D waste generated by the project, documentation of the diversion of C&D waste, and such additional information deemed necessary by the Building Official to document accomplishment of the requirements of this chapter.

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

"Building Official" means the Town's Building Official, including his or her designee.

"Deconstruction Project" means a process to carefully dismantle or remove useable materials from structures, as an alternative to demolition.

"Diversion" or "Diverted" means a reduction of the amount of waste being disposed in a landfill or transformation facility by any of the following methods:

(1) Use of new construction methods, as described in regulations promulgated by Building Official, that reduce the amount of waste generated.

(2) On-site re-use of the waste.

(3) Delivery of the waste from the site to a Certified C&D Recycling Facility described in Section 9-20.05.

(4) Other methods as approved in regulations promulgated by the Building Official.

"Joint Powers Authority" or "JPA" means the Marin County Hazardous and Solid Waste Management Joint Powers Authority.

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

"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials such as newsprint, mixed paper, glass containers, aluminum beverage containers, small scrap and cast aluminum, steel including "tin" cans, empty aerosol cans, bimetal containers, plastic bags, plastic food containers, #1-7 plastics regardless of form or mold, aluminum foil and pans that would otherwise become solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place.

"Reuse" means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.

"Transformation" means incineration, pyrolysis, distillation, or biological conversion other than composting. "Transformation" does not include composting, gasification, or biomass conversion.

(Ord. No. 1081, § 1, 3-13-2012)

Upon the effective date of this chapter, each person who obtains a building permit for a Project subject to this chapter shall submit a C&D Diversion Report to the Building Department prior to final inspection of the project and granting of occupancy. Prior to obtaining any final inspection and grant of occupancy from the Building Department, the person who has obtained a building permit shall pay an Avoided Disposal Regulatory Fee if the Building Official determines that the applicant has not satisfied the diversion requirements of this chapter.

(Ord. No. 1081, § 1, 3-13-2012)

(a) A C&D Diversion Report shall not be required for the following:

(1) Deconstruction Projects.

(2) Work for which a building permit is not required.

(3) Renovations of existing buildings of less than Ten Thousand and no/100ths ($10,000.00) Dollars in construction value.

(4) Roofing projects.

(5) Work for which only a plumbing permit, electrical or mechanical permit is required.

(6) Seismic tie-down projects.

(7) Installation or replacement of shelves.

(8) Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required.

(9) Installation of swimming pools and spas, provided that the exemption shall apply only to (i) the area to be excavated for the installation of the pool or spa and (ii) the area for the pad for the pool/spa equipment that does not exceed sixteen (16) square feet; and shall not apply to any related construction or alterations necessary for any other equipment or accessories, nor to any other portion of the project.

(10) Installation of pre-fabricated accessories such as signs or antennas where not structural building modifications are required.

(b) No Project shall be separated into smaller projects for the purpose of evading the requirements of this chapter.

(Ord. No. 1081, § 1, 3-13-2012)

(a) The JPA may certify a facility as a Certified C&D Recovery Facility if the owner or operator of the facility submits the following documentation satisfactory to the JPA:

(1) The facility has obtained all applicable federal, state and local permits, and is in full compliance with all applicable regulations; and

(2) The percentage of incoming waste from construction, demolition and renovation activities that is diverted from landfill disposal, transformation and use as ADC meets the minimum diversion requirement as set forth in Section 9-20.05.

(b) Facilities that fail to achieve the minimum diversion requirements may request and receive temporary certification from the JPA provided they have:

(1) Complied with all of the certification requirements other than the minimum diversion requirement;

(2) Demonstrated, to the JPA's satisfaction, a good faith effort to achieve the minimum diversion requirement; and

(3) Met any and all other requirements that the JPA may establish for issuing any such temporary certification.

(c) The Town shall make available to each building permit applicant a current list of Certified C&D Recovery Facilities.

(Ord. No. 1081, § 1, 3-13-2012)

Diversion requirements for a Project and for a Certified C&D Recovery Facility shall be a minimum of sixty-five (65%) percent by weight of the total construction and demolition debris, or the current required diversion as described in the California Green Building Standards Code (Cal. Code Regs., Title 24 Part 11) Mandatory Residential and Non-Residential Measures, whichever is higher, generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to the California Green Building Standards Code, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan official for the project.

(Ord. No. 1081, § 1, 3-13-2012; Ord. No. 1145, § 4, 4-28-2020)

Moneys received by the Town as Avoided Disposal Regulatory Fees shall be used only for:

(a) Costs of administration of the program established by this chapter;

(b) Cost of programs whose purpose is to divert the waste from construction, demolition, and alteration projects from landfill disposal, transformation and use as ADC; and

(c) Costs of programs whose purpose is to develop or improve the infrastructure needed to divert the waste from construction, demolition and renovation projects from disposal in a landfill, transformation facility or use as ADC.

(Ord. No. 1081, § 1, 3-13-2012)