Union City Municipal Code Ch. 15.75 Construction and Demolition Debris Recycling

It is the purpose of this chapter to regulate the disposal of debris from construction and demolition projects within the City and to divert such debris from landfill. This chapter establishes a requirement for submitting a waste management plan when applying for building or demolition permits when the construction or demolition projects meets the requirements of this chapter.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

This chapter is adopted under the authority of California Waste Management Act of 1989, (Assembly Bill 939) and Alameda County Waste Reduction and Recycling Act of 1990 (Measure D).

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

For the purposes of this chapter, the following definitions shall apply:

"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 City for the applicable permits to undertake any construction, demolition, or renovation project within the City.

"Construction"

means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.

"Construction and demolition debris"

means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

"Conversion rate"

means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.

"Covered project"

shall have the meaning set forth in Section 15.75.040 of this chapter.

"Deconstruction"

means the process for dismantling a building or structure in order to salvage components for reuse and recycling.

"Demolition"

means 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"

means to use material for any purpose other than disposal in a landfill or transformation facility or use of landfill as alternative daily cover.

"Diversion requirement"

means the diversion of one hundred percent of all Portland cement, concrete, asphalt concrete, noncontaminated soils, land-clearing debris and plant debris and at least fifty percent of the local construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 15.75.090 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan Compliance Official for the project.

"Noncovered project"

shall have the meaning set forth in Section 15.75.040 of this chapter.

"Performance security"

means any performance bond, surety bond, money order, letter of credit, or certificate of deposit submitted to the City pursuant to Section 15.75.060 of this chapter.

"Project"

means any activity which requires an application for a building or demolition permit or any similar permit from the City.

"Recycling"

means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

"Renovation"

means any change, addition or modification in an existing structure.

"Reuse"

means further or repeated use of construction or demolition debris.

"Salvage"

means the controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling reuse, or storage for later recycling or reuse.

"Waste management plan"

means a completed waste management plan form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

"Waste management plan Compliance Official"

means the designated staff person(s) authorized and responsible for implementing this chapter.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

A. Covered Projects. The following projects shall be considered "covered projects," subject to the requirements of this chapter: (1) all new construction projects; (2) all nonresidential renovation projects where the total costs are, or projected to be, greater than or equal to fifty thousand dollars in year 2010 dollars (subject to inflation adjustments); and (3) all demolition projects where the total costs are, or projected to be, greater than or equal to twenty-five thousand dollars in year 2010 dollars (subject to inflation adjustments). Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms in Section 15.75.110.

B. Noncovered Projects. Applicants for noncovered projects shall be encouraged to divert at least fifty percent of all project-related construction and demolition debris.

C. City-Sponsored Projects. All City-sponsored covered projects shall submit a waste management plan to the WMP Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of the chapter.

D. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval for any covered project.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

A. Waste Management Plan Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the City for this purpose as part of the application packet for the building or demolition permit. The completed WMP shall indicate the following: (1) C&D materials to be generated on job site, identified by material type; and (2) the vendor or facility that the applicant proposes to use to collect, receive or reuse each material.

B. Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to land filling.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

The applicant for any covered project shall submit with the waste management plan (WMP) a performance security and permit fee. The amount of the performance security shall be calculated as the lesser of three percent of total project cost or ten thousand dollars. Acceptable forms of performance security include the following: performance bonds; surety bonds; money orders; letters of credit; and certificates of deposit. The WMP Compliance Official may waive the performance security if the total security required pursuant to this section would be fifty dollars or less. The amount of the permit fee shall be set by the City Council in the master fee schedule.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

A. Approval. Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the waste management plan (WMP) Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety the WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met: (1) the WMP provides all of the information set forth in Section 15.75.050 of this chapter; (2) the WMP indicates that one hundred percent of the Portland cement concrete, asphalt concrete, land-clearing and soils, and plant debris and at least fifty percent of all remaining C&D debris generated by the project will be diverted; and (3) the applicant has submitted an appropriate performance security in compliance with Section 15.75.060 of this chapter.

If the WMP Compliance Official determines that these three conditions have been met, he or she shall mark the WMP "Approved," return a copy of the WMP to the applicant, and notify the Building Department that the WMP has been approved.

B. Nonapproval. If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that one hundred percent of the Portland cement concrete, asphalt concrete, land-clearing and soils, and plant debris, and at least fifty percent of all remaining C&D debris generated by the project will be reused or recycled, he or she shall either: (1) return the WMP to the applicant marked "Denied," including a statement of reasons, and so notify the Building Department, which shall then immediately stop processing the building or demolition permit application; or (2) return the WMP to the applicant marked "Further Explanation Required."

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

A. Documentation. Within thirty days after the completion of any covered project, the applicant shall submit to the waste management plan (WMP) Compliance Official documentation that it has met the diversion requirement for the project. The diversion requirement shall be that the applicant has diverted at least fifty percent of the total C&D debris generated by the project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 15.75.090 of this chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project. This documentation shall include all of the following: (1) receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material; (2) a copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and (3) any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, 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. For C&D debris for which weighing is not practical due to small size or other considerations, 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. Determination of Compliance and Release of Performance Security. The WMP Compliance Official shall review the information submitted under subsection A of this section and determine whether the applicant has complied with the diversion requirement as follows:

1. Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the full performance security to be released to the applicant.

2. Good Faith Effort to Comply. If the WMP Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In asking this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debris landfill, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP Compliance Official determines that the applicant has made a good faith effort to comply with this chapter, he or she shall release the performance security, or a portion thereof, to the applicant. Any portion of the performance security released to the applicant shall be forfeited to the City, and shall be used for the purposes of promoting recycling within the City.

3. Noncompliance. If the WMP Compliance Official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by subsection A of this section within the required time period, then the performance security shall be forfeited to the City. All forfeited performance securities shall be used for the purposes of promoting recycling within the City.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the waste management plan (WMP) required under Section 15.75.050 of this chapter. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Meeting with WMP Compliance Official. The WMP Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request of the jurisdiction, the WMP Compliance Official may request that staff from the Alameda County Waste Management Authority attend this meeting or may require the applicant to request a separate meeting with Alameda County Waste Management Authority staff. Based on the information supplied by the applicant and, if applicable, Alameda County Waste Management Authority staff, the WMP Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP Compliance Official shall return a copy of the WMP to the applicant marked "Approved for Infeasible Exemption" and shall notify the Community Development Department that the WMP has been approved.

D. Denial of Exemption. If the WMP Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty days to resubmit a WMP form in full compliance with Section 15.75.050 of this chapter. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 15.75.070 of this chapter, the WMP Compliance Official shall deny the WMP in accordance with Section 15.75.070 of this chapter.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

Any person aggrieved by any decision of the waste management plan Compliance Official may appeal to the City Council by filing a notice of appeal with the Clerk of the City Council within ten days of the notice of the decision by the compliance official. Such appeal shall be heard by the Council which may affirm, amend or reverse the order, or take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the applicant.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)

A. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.

B. Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars for the first violation, a fine not to exceed two hundred dollars for the second violation within one year, and a fine not to exceed five hundred dollars for each additional violation within one year. There shall be a separate infraction for each day on which a violation occurs. Where the violation is the failure to achieve the diversion requirement applicable to the project and the C&D materials from the project have been already landfilled, the violation shall be deemed to have ceased after a period of ten days. The City shall recover costs and attorneys' fees incurred in connection with enforcement of this chapter.

C. Enforcement pursuant to this section shall be undertaken by the City through the Economic and Community Development Department and City Manager's Department.

(Ord. 576-01 Ex. A, 2001; Ord. 753-10 § 1, 2010)