San Leandro Municipal Code Art. 4 Compliance

(Legislative History: Ordinance No. 2002-035, 12/16/02 (Sections 3-7-400—3-7-440))

Applicant shall make every reasonable effort to assure that all C&D debris diverted and/or deposited in a landfill are measured and recorded using the most accurate method of measurement available. To the extent possible, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. A volumetric measurement shall be used for all C&D debris for which weighing is not practical due to small size or other considerations. Volumetric measurements shall be converted to weight by using the conversion rates.

(a) Certified Applicants: Certified applicants must demonstrate compliance with the requirements of this Chapter in connection with their initial application for certification, and thereafter in connection with their annual recertification. Compliance will be determined based on information contained in the Annual Debris Recycling Certification Application, through audits of weight tags and recycling and/or disposal facility receipts, and other business records as necessary. Certified applicants are required to keep such recycling and disposal records for a period of three years. The Debris Recycling Statement Compliance Officer may conduct audits as needed, in addition to the annual audit in connection with recertification, to assure compliance with this Chapter.

(b) Non-certified Applicants: Upon completion of any covered project, an applicant other than a certified applicant shall submit weight tags generated by such covered project to the Debris Recycling Statement Compliance Officer. The Debris Recycling Statement Compliance Officer shall review such weight tags to determine whether the applicant has achieved diversion attainment. Such determination shall be based upon the requirements of this Chapter and the following guidelines:

(1) The applicant shall be found to have achieved diversion attainment if (1) 100% of the asphalt, concrete and similar material generated by the project has been diverted and appropriate documentation thereof as required by this Chapter has been provided to the City; and (2) at least 50%, by weight, of the remainder of the C&D debris generated by the project has been diverted and appropriate documentation thereof as required by this Chapter has been provided to the City.

(2) When the applicant has not achieved diversion attainment for a covered project, the Debris Recycling Statement Compliance Officer shall determine if such applicant has made a good faith effort to comply with the requirements of this Chapter. In making this determination, consideration may be given to any relevant information provided by the applicant, including but not limited to information regarding the availability of markets for the C&D debris that was not diverted, the size and nature of the project, and the documented efforts of applicant to divert C&D debris. If the Debris Recycling Statement Compliance Officer determines that the applicant has made a good faith effort to comply with the C&D diversion and documentation provisions herein above set forth, further compliance with this Chapter in respect to such project shall be excused.

(3) Applicant shall be in a "Non-attainment" status if it is determined that (1) 100% of the asphalt, concrete, and similar material generated by the project was not diverted; (2) that 50% of the remainder of the C&D debris was not diverted; (3) the applicant fails to submit the documentation required by this Chapter; and (4) that a good faith effort was not made.

(a) During regular business hours and upon reasonable notice of not less than 24 hours, the Debris Recycling Statement Compliance Officer may inspect any covered project to determine levels of actual diversion activities and to validate the information contained in the DRS or in other documents or representations provided by the applicant. If consent to such inspection is not granted by the applicant, or if the applicant or other person in control of the project site cannot be located after reasonable efforts are made, the Debris Recycling Statement Compliance Officer shall have recourse through every remedy provided by law to secure entry.

(b) Notwithstanding the above, the Debris Recycling Statement Compliance Officer may inspect any covered project with less than 24 hours notice with the consent of the applicant or the other person on the project site responsible for the project in the absence of the applicant.

(c) Upon request by the City, applicant shall provide as soon as practicable and no later than five working days, documentation, papers, and records relating to the disposal of C&D debris for a covered project.

Applicants shall retain receipts and weight tags for the quantities of materials reused, salvaged, recycled, and deposited in a landfill in connection with a covered project for a period of three years following the final inspection and issuance of a temporary or final certificate of occupancy. Applicant shall make such records available to the City as soon as practicable upon request.

In furtherance of the goals established by this Chapter, the Manager of Environmental Services, or his/her designee, shall establish a list of materials that could potentially be reused, recycled or salvaged, and may, from time to time, amend the list based upon local markets and conditions, taking into consideration the economic feasibility of compliance, and the availability of local recycling facilities.