San Joaquin Municipal Code Ch. 99 Recycling and Diversion of Construction and Demolition Waste

This chapter shall be known as the Construction and Demolition Waste Recycling Ordinance.

(Ord. 13-103, passed 6-5-2013)

(A) Under California law as embodied in the California Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000 et seq.), the city is required to prepare, adopt and implement source reduction and recycling plans to reach landfill diversion goals, and is required to make substantial reductions in the volume of waste materials going to the landfills, or face fines up to $10,000 per day.

(B) In order to meet these goals it is necessary that the city promote the reduction of solid waste, and reduce the stream of solid waste going to landfills.

(C) Waste from construction, demolition, and renovation of buildings represents a significant portion of the volume of waste presently coming from the City San Joaquin and much of this waste is particularly suitable for recycling and reuse.

(D) The city’s commitment to the reduction of waste requires the establishment of programs for recycling and salvaging of construction and demolition (“C&D”) waste. Certain types of projects are exempt from these requirements.

(Ord. 13-103, passed 6-5-2013)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. Any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city.

COLLECTOR. The city’s exclusive service provider under contract to collect refuse, green waste, recyclables, and construction and demolition materials.

CONSTRUCTION. The building, rehabilitation, remodeling, renovation or repair of any facility or structure or any portion thereof, including any tenant improvements to an existing facility or structure.

CONSTRUCTION AND/OR DEMOLITION DEBRIS. Discarded materials generally not considered water soluble, and non hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, wood and lumber from the construction or destruction of a structure as part of a construction, renovation, demolition or landscaping project, and including rocks, soils, tree remains, green waste and bulky waste that normally results from land clearing, landscaping and development operations for a construction and demolition project.

DEMOLITION. The decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

DIVERT, DIVERTED, or DIVERSION. To use material for any purpose other than disposal in a landfill or transformation facility.

DIVERSION REQUIREMENT. The diversion of at least 50% of the total construction and demolition debris generated by a project via reuse or recycling, unless applicant has been granted an exemption, in which case the diversion requirement shall be the maximum feasible diversion rate. Applicants must also comply with the 2010 California Green Building Standard Code.

HAZARDOUS WASTE. Any solid or liquid waste that is defined under Cal. Public Resources Code § 40141, as amended periodically.

PROJECT. Any activity involving construction, demolition, or renovation, in the city which requires issuance of a demolition permit, building permit or other similar permit from the city. PROJECT also includes city public project construction, demolition or renovation.

RECYCLING PROGRAM APPLICATION. A form that is approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project.

(Ord. 13-103, passed 6-5-2013)

It is required that at least 50% of waste tonnage from demolition or existing construction such as addition, alteration, or repair projects (existing construction) shall be diverted from disposal.

(Ord. 13-103, passed 6-5-2013)

(A) Covered projects shall include all construction, demolition, re-roofing with removal of existing roofing material, grading and renovation projects within the city that are 1,000 square feet or greater.

(B) Covered projects shall also include all city-funded projects, public works and other capital improvement (CIP) projects, regardless of size.

(C) Covered projects shall fully comply with this chapter.

(Ord. 13-103, passed 6-5-2013)

The following projects are exempt from the requirements of this chapter:

(A) Construction and renovation projects that do not meet the size for covered projects as set forth in § 99.05(A) and (B).

(B) Projects where only one of the following separate permits is required:

(1) Kitchen/bath remodel.

(2) Electrical, mechanical or plumbing.

(C) Projects that will generate only hazardous waste.

(Ord. 13-103, passed 6-5-2013)

Every applicant shall divert from the landfills or disposal sites the minimum 50% diversion requirement, measured by tonnage, of all construction and demolition debris generated as a result of any covered project. Applicants for newly constructed buildings must comply with the diversion requirements of the 2010 Green Building Standards Code.

(Ord. 13-103, passed 6-5-2013)

(A) Applicants for a demolition, building or other similar permits for any covered project shall complete the following sections of the construction and demolition recycling program application (RPA) and submit to the City Building Official prior to permit issuance.

(1) Project location.

(2) Contractor name.

(3) Applicant name.

(4) Mailing address.

(5) Phone number.

(6) Type of project.

(7) Expected project start date.

(8) Project address and lot number.

(9) Signed and dated.

(B) Prior to receiving a certificate of occupancy or final inspection for the project, the applicant shall place the estimated diversion rate percentage on the recycling program application and submit to the city’s Planning Department. The diversion rate percentage should be provided by the collector at the end of the project.

(C) Once the RPA form is complete, the City Building Official will review and determine if applicant has met the following conditions:

(1) The RPA form provides all information required.

(2) The RPA indicates that at least 50% of remaining C&D debris generated by the project was diverted from a landfill.

(Ord. 13-103, passed 6-5-2013)

Each RPA form will require an application fee. This cost is the cost for staff time and materials to review and process documentation related to the administration of this chapter. The administrative cost recovery fee shall be set by resolution as approved by City Council.

(Ord. 13-103, passed 6-5-2013)

As a condition precedent to the issuance of any permit for construction or demolition for a covered project, the applicant shall post a performance security (cash, letter of credit, performance or surety bond, money order) in the amount set forth by Council resolution. The performance security shall be returned, without interest, in total or pro-rated, upon proof of satisfaction of the RPA by the city’s Planning Department that no less than the required percentage of the construction and demolition material tonnage generated by the covered project has been diverted from disposal and has been recycled or reused or stored for later reuse or recycling. If a lesser percentage of construction and demolition material tonnage than required is diverted, a proportionate share of the performance security deposit shall be returned. The performance security shall be forfeited entirely or the pro-rated extent that there is a failure to comply with the requirements of this chapter. The city may, by formal resolution, modify the amount of the required performance security.

(Ord. 13-103, passed 6-5-2013)

The applicant or any interested person may appeal to the City Manager any decision of the city’s Public Works and Planning Department. Notice of any appeal from the decision of city’s Public Works and Planning Department must be filed with the City Manager’s Office within ten calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language that particular decision or decisions complained of and the reason why the person feels aggrieved thereby. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the city’s Public Works and Planning Department and such decision(s) shall be final; otherwise the decision of the City Manager shall be final. The fee for any appeal authorized herein shall be set forth by City Council resolution.

(Ord. 13-103, passed 6-5-2013)

During the term of the covered project, the applicant shall recycle and reuse the required percentage of waste, and keep records of the tonnage or other measurements approved by the city that can be converted to tonnage amounts. The WMP Compliance Official will evaluate and may monitor each covered project to determine the percentage of waste salvaged and recycled or reused from the covered project. For covered projects including both construction and demolition, diversion of materials shall be tracked and measured separately. To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. For construction and/or demolition projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures, plumbing, metals, etc.) and dimensional lumber, wallboard, concrete and corrugated cardboard.

(Ord. 13-103, passed 6-5-2013)

(A) Within ten days following the completion of the demolition phase of a covered project, and again within ten days following the completion of the construction phase of a covered project, the applicant shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy or final approval of project, submit documentation to the Building Official that proves compliance with the requirements of the city. The documentation shall show actual waste tonnage date, supported by original 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 waste generated from the covered project has been or is to be recycled, reused, salvaged or disposed. The applicant shall make reasonable efforts to ensure that all designated recyclable and reuse waste salvaged or disposed are measured and recorded using the most accurate method of measurement available.

(B) To the extent practical, all construction and demolition waste shall be weighed in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition waste for which weighing is not practical due to small size or other consideration, 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) If covered project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Building Official before issuance of a building permit for the construction phase of a covered project. Alternatively, the applicant may submit a letter stating that no waste or recyclable materials were generated from the covered project, in which case this statement shall be subject to verification by the Building Official. Any deposit posted shall be forfeited if the applicant does not meet the timely reporting requirements of this section.

(Ord. 13-103, passed 6-5-2013)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective.

(Ord. 13-103, passed 6-5-2013)