San Bruno Municipal Code Ch. 10.23 Recycling and Diversion of Debris from Construction and Demolition

"Alteration"

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

"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 or is required to apply 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 chapter, any residential, commercial, industrial, or institutional structure, but does not include fences, gates or appurtenances located on a premises.

"Construction and demolition debris"

means and includes:

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;

Remnants of new materials, including, but not limited to: cardboard, paper, plastic, wood and metal scraps from any construction and/or landscape project.

"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 ownerbuilder) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in the city of San Bruno.

"Covered project"

means the construction of any completely new residential or commercial building, the demolition or removal of any residential or commercial building, or the alteration of any building when the value of such alteration exceeds fifty thousand dollars. Notwithstanding the above, the building official may waive the requirements of this chapter in total or in part when necessary to protect the public safety.

"Deconstruction"

means the demolition 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 chapter, the intentional removal or partial removal of an existing building.

"Designated recyclable and reusable materials"

means that portion of construction and demolition debris that includes the following:

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

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

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;

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

Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material;

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

Any other materials which the building official or designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to San Bruno, including facilities which can further sort mixed construction and demolition 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 put to use as the same or different product.

"Hardscape improvements"

means swimming pools, driveways, parking lots, walkways, patios and decks.

"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.

"Roofing materials"

means all durable exterior surface material, and any material which supports or connects them, that provides weather protection for the building at the roof and which is removed prior to installation of a reroof or is left over from the installation of a new roof or reroof.

"Salvage"

means the controlled removal of designated recyclable and reusable materials from the site of a project, for the purpose of reuse or storage for later reuse.

"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.

(Ord. 1659 § 2, 2002; Ord. 1902 § 3, 2021)

A. Whenever a structure and/or hardscape improvement is planned for demolition, it shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. In the event the applicant believes in good faith that no materials can be salvaged for reuse or recycling from a particular project, a written form must be obtained from the community development department, completed, and returned to the attention of the building official, identifying the reasons why salvaging cannot take place. The building official or designee will determine whether this requirement shall be waived in whole or in part.

B. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted towards meeting the diversion requirements of this chapter.

(Ord. 1659 § 2, 2002; Ord. 1902 § 3, 2021)

Notwithstanding Section 10.23.020(A), it is required that at least the following specified percentages of construction and demolition debris waste tonnage generated from every covered project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs:

A. Projects involving the complete demolition or removal of any residential or commercial building shall be required to divert sixty-five percent of all generated construction and demolition debris tonnage. When total tonnage generated from such project includes soil, concrete and/or asphalt, the total diversion rate shall remain at sixty-five percent but at least twenty-five percent of diverted material shall come from generated tonnage that excludes soil, concrete and asphalt.

B. Projects involving the construction of any completely new residential or commercial building shall be required to divert sixty-five percent of total generated waste tonnage.

C. Projects involving the alteration of any building, where the value of such alteration exceeds fifty thousand dollars, shall be required to divert at least sixty-five percent of all generated construction and demolition debris tonnage.

(Ord. 1659 § 2, 2002; Ord. 1902 § 3, 2021; Ord. 1928 § 3, 2022)

Every applicant for a construction or demolition permit for a covered project shall submit a properly completed "recycling and waste reduction form," on a form prescribed by the city, as an integral part of the building or demolition permit application process. The form shall contain an accurate estimate of the tonnage or other specified units of construction and/or demolition debris to be generated from construction and demolition on the site. Approval of the form as complete and accurate shall be a condition precedent to issuance of any building or demolition permit for a covered project.

(Ord. 1659 § 2, 2002; Ord. 1902 § 3, 2021)

As a condition precedent to issuance of any building or demolition permit for a covered project, the applicant shall post a cash deposit in the amount of fifty dollars for each estimated ton of generated construction and demolition debris, based on calculations approved by the city. The city council shall establish the minimum deposit and maximum deposit amounts for all covered projects from time to time pursuant to resolution and until so established the minimum deposit shall be not less than one thousand dollars and the maximum deposit amount shall be not more than fifty thousand dollars. The deposit shall be returned, without interest, within a reasonable amount of time not to exceed sixty days following proof to the satisfaction of the building official that no less than the required percentages of debris generated by the project have been diverted from landfill in accordance with the provisions of this chapter. The deposit shall be forfeited to the extent that there is a failure to comply with the requirements of this chapter, or if reasonable proof in conformance with this chapter is not provided after sixty calendar days from approved final inspection.

(Ord. 1659 § 2, 2002; Ord. 1759 § 2, 2008; Ord. 1902 § 3, 2021; Ord. 1928 § 3, 2022)

As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay to the city a fee as established by resolution to compensate the city for all expenses incurred in administering this chapter, which fee shall be applied against the compliance deposit as set forth in Section 10.23.050.

(Ord. 1659 § 2, 2002; Ord. 1759 § 3, 2008; Ord. 1902 § 3, 2021)

A. During the term of the covered project, the contractor shall recycle or divert the required percentages of materials, and keep accurate records thereof (e.g., copies of weight tickets issued by the city's franchised waste hauler or a licensed disposal facility) in tonnage or in other measurements approved by the community development department that can be converted to tonnage. The building official or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.

B. The diversion of a minimum of the required percentages of the construction and demolition debris shall be measured separately with respect to the demolition segment and the construction segment of a covered project where both demolition and construction are involved.

C. To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.

D. To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, metals, dimensional lumber and cardboard.

E. On-site separation of roofing materials shall be required on any covered project involving the installation or removal of roofing materials.

(Ord. 1659 § 2, 2002; Ord. 1902 § 3, 2021)

A. Within sixty days following the completion of a covered project for demolition (or of the demolition portion of a covered project involving both demolition and new construction), the applicant shall submit documentation to the community development department that complies with the requirements of this chapter.

B. As a condition prior to final inspection and/or to approval of final inspection on a covered project, the applicant shall submit to the community development department documentation that complies with the requirements of this chapter.

C. The documentation shall consist of a final completed report in a format provided by the city describing diversion activities and showing actual tonnage data for diverted and disposed materials, supported by originals or 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.

D. For covered projects with a value in excess of five hundred thousand dollars, the building official may require, in addition to the documentation specified above, interim reporting during the term of the project. Such reporting shall be used for the sole purpose of verifying that the applicant is making a good faith effort to comply with the requirements of this chapter, and shall be updated monthly.

E. Any deposit posted pursuant to the requirements of this chapter shall be forfeited if the applicant does not furnish required reports within sixty calendar days from approved final inspection.

F. The following materials shall be exempt from reporting and shall not be diverted or disposed of with the designated recyclable and reusable materials: asbestos, appliances, railroad ties, telephone poles, and pressure-treated wood. Documentation of material types shall be required.

(Ord. 1659 § 2, 2002; Ord. 1759 § 4, 2008; Ord. 1902 § 3, 2021; Ord. 1928 § 3, 2022)

An applicant may appeal any action taken by the building official in furtherance of the goals of this chapter by filing a written notice of appeal with the director of community development within ten days of the action at issue. The director of community development shall review the matter and issue a written determination to the applicant within ten days. An applicant may appeal from the written determination of the director of community development within ten days of the director of community development's written determination by filing a written appeal with the city clerk. The city clerk shall set the matter for hearing at a regular meeting of the city council and shall give the applicant written notice of the time and place of hearing at least five days before the hearing. The decision of the city council taken after the applicant has had an opportunity to be heard is final.

(Ord. 1659 § 2, 2002; Ord. 1902 § 3, 2021)

A. Each violation of a provision of this chapter by an applicant or a person acting as the agent of an applicant shall constitute a misdemeanor, and shall be punishable as provided for in Chapter 1.28. Each day that a violation continues shall be deemed a new and separate offense.

B. The building official shall have the authority to enforce this chapter as specified in Chapter 11.04, which adopts the building code and any amendments thereto, including, but not limited to, the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter.

(Ord. 1659 § 2, 2002; Ord. 1759 § 5, 2008; Ord. 1902 § 3, 2021)