Tiburon Municipal Code Art. VI Recycling and Diversion of Construction and Demolition (C&D) Waste

For the purposes of this article, the following words and phrases shall have the following definitions:

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

"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 percent of the valuation of the project, not to exceed ten thousand dollars.

"Building official" means the building official of the Town of Tiburon, including his or her designee.

"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.

"Certified recycling facility" means a recycling, composting, materials recovery or reuse facility determined to process incoming construction and demolition materials to divert from landfill or transformation for which the JPA has issued a certification.

"Construction and demolition waste" or "(C&D waste)" means 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.

"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 reuse of the waste.

(3) Delivery of the waste from the site to a certified recycling facility.

(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 a construction, demolition, alteration or renovation activity for which a building permit is required by chapter 13 of this Code, with the exception of building permit work exempted under division 13-19 of this article.

"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. 539 N.S., § 2, 5-2-2012)

(a) On or after June 1, 2012, each applicant who applies for a building permit for a project shall submit a completed C&D diversion report (part 1), acceptable to the building official, prior to issuance of the permit.

(b) On or after June 1, 2102, no building permit for a project shall be issued by the building official unless an acceptable, completed C&D diversion report (part 1) form has been submitted for the project.

(c) Prior to obtaining any final inspection/permit sign-off and/or certificate of occupancy from the building official, an applicant who has obtained a building permit for a project shall remit a completed C&D diversion report (part 2) acceptable to the building official.

(d) An avoided disposal regulatory fee shall be imposed if a certified recycling facility is not used, if required recycling/reuse receipts are not submitted, or if the building official determines that the applicant has not satisfied the diversion requirements set forth in division 13-21 of this article. The avoided disposal regulatory fee shall be calculated as three percent of the valuation of the project, not to exceed a fee of ten thousand dollars.

(Ord. No. 539 N.S., § 2, 5-2-2012)

(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 under this chapter.

(3) Alterations to existing residential or nonresidential buildings that affect less than five hundred square feet of floor area, as determined by the building official.

(4) Removal and reinstallation of roof covering materials.

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

(6) Voluntary residential seismic retrofit projects.

(7) Installation or replacement of shelves.

(8) Installation of prefabricated 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 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 prefabricated accessories such as signs or antennas where no structural building modifications are required.

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

(Ord. No. 539 N.S., § 2, 5-2-2012)

(a) The JPA may certify a facility as a certified recycling 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 division 13-21.

(b) The town shall make available to each building permit applicant a current list of certified recycling facilities, as certified by the JPA.

(Ord. No. 539 N.S., § 2, 5-2-2012)

Diversion requirements for a project and for a certified recycling facility shall be a minimum of seventy percent prior to December 31, 2012, and shall increase to minimums of eighty percent on December 31, 2012, eighty-five percent on December 31, 2015, ninety percent on December 31, 2018, and ninety-four percent on December 31, 2025.

(Ord. No. 539 N.S., § 2, 5-2-2012)

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 article;

(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. 539 N.S., § 2, 5-2-2012)

(a) Violations of this article shall be punishable as misdemeanors or infractions, at the discretion of the town's designated code enforcement official following consideration of the severity of the violation. Penalties shall not exceed the amounts set forth in Government Code sections 36900 and 36901.

(b) Each violation of this article is a separate offense for every day such violation shall continue, and the penalties for violation shall be imposed on each and every separate offense.

(c) Nothing in this section limits the power of the town to use all other legal or equitable remedies to redress, abate, or punish any violation of the provisions of this article, including, without limitation, those set forth in title VI, chapter 31 of this Code.

(Ord. No. 539 N.S., § 2, 5-2-2012)