San Leandro Municipal Code Art. 2 Diversion of Construction and Demolition Debris

(Legislative History: Ordinance No. 2002-035, 12/16/02 (Sections 3-7-200—3-7-240))

The provisions of this Chapter shall apply to all projects within the City involving construction, demolition or renovation that have a project valuation in excess of One hundred thousand dollars. For the purposes of this section, the value of projects shall be as determined by the City's Building Official or designee in connection with permit issuance. The valuation threshold established by this section shall be adjusted every five years, beginning in the year 2008, to reflect an increase or decrease in the cost of construction due to inflation or deflation, by comparing the Engineering News Record Construction Cost Index (20 city average) for the five year anniversary month over the same Construction Cost Index for the same month of the fifth year prior to the anniversary month.

Applicants for projects that do not meet the valuation threshold requirement set forth in Section 3-7-200 shall be encouraged to meet the diversion attainment standards set forth in this Chapter.

Compliance with the provisions of this Chapter shall be included as a condition of approval on all building and/or demolition permits issued for covered projects.

(a) Applicants who have completed two or more covered projects within the past 12 months are eligible to apply to the City for certification under the terms of this section. Such application shall be on a form approved by the City, and may be supplemented by any other statements, documents, or other materials that will assist the Debris Recycling Statement Compliance Officer in determining the applicant's past compliance with the requirements of this Chapter.

(b) Applicants certified under the terms of this section must comply with all the requirements of this Chapter; however, certified applicants are not required to complete a Debris Recycling Statement on a project-by-project basis. certified applicants are required to file an Annual Debris Recycling Certification Application at the time of certification, and annually thereafter at the time such certification is renewed.

(c) In connection with the application for certification, and as a condition to approval thereof, applicant shall execute a form of written consent acknowledging the City's right and authorizing the City to conduct audits of applicant's business records to determine continuing compliance with the requirements of this Chapter. Such audits will consist of a review of business records and other matters to determine that diversion is occurring at a rate consistent with the intent of this Chapter. Such audits may be conducted in connection with determining eligibility for certification under this section, in connection with annual re-certification under this section, and at other times as may be required in the judgment of the Debris Recycling Statement Compliance Officer to assure continuing compliance with the requirements of this Chapter. All audits will take place either on the premises where the applicant maintains business records or at City offices, during regular business hours, and upon reasonable notice to the applicant.

Where a covered project involves construction of a new residential or mixed-use subdivision requiring the issuance of five or more building permits, an applicant shall only be required to file a single Debris Recycling Statement with respect to such covered project.