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HomeMy WebLinkAboutOrd 17041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1704 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.17 TO FURTHER CLARIFY AND CONSOLIDATE REQUIREMENTS FOR RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS The City Council of the City of Burlingame, California, does hereby ordain as follows: Section 1. The City of Burlingame adopted Ordinance No. 1645 in December 2000 to require the recycling and diversion of significant construction and demolition debris in order to reduce the amount of solid waste going to landfills; to promote reuse and recycling of that debris, and to continue to support State laws regarding solid waste issues. Ordinance No. 1661 was adopted in September 2001 to increase diversion from remodeling projects and facilitate collection of deposits. This ordinance is intended to further increase diversion in future years while preserving landfill capacity. Section 2. Section 8.17.010 is amended to read as follows: 8.17.010 Definitions. For purposes of this chapter, the following definitions apply: (a) "ADC" or "alternative daily cover" mean s cover material in addition to at least six (6) inches of earthen material placed on the surface of the active face of fill at the end of each operating day to control vectors, fires, odors, blowing litt er, and scavenging. (b) "AIC" or "alternative intermediate cover" mean s cover material in addition to earthen material of at least twelve (12) inches placed on all fill surfaces where additional cells are not to be constructed for 180 days or more to control vectors, fires, odors, blowing litter, scavenging, and drainage. AIC does not include final cover. (c) "Alteration" mean s, for the purposes of the recycling and diversion requirements in this chapter, any change, addition, or modification in construction or occupan cy of a building or structure. (d) "Building" means any structure used or intended for supporting any use or 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 occupancy that encompasses 200 square feet or more or area in any one plane. "Building" does not include decks, fences, balconies, machinery, equipment, or appliances installed for manufacture or process purposes only. of building official" means the city chief building official or the chief building officia1's designee. (f) "Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, ox who performs (whether as contractor, subcontractor, owner -builder, or otherwise) any construction, alteration, demolition, or landscaping service relating to buildings or structures in the city. (g) "Demolition" means, for the purposes of the recycling and diversion requirements in this chapter, the intentional removal an existing building or structure. (h) "Demolition and construction debris" means and includes: (1) Discarded materials generally considered to be not water soluble and non -hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure or building as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction or demolition project; (2) Clean cardboard, paper, plastic, wood, and metal scraps from an y construction and/or landscape project; (3) Non -construction and demolition debris wood scraps. (4) De-miriimis amounts of other non hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best man agement practices of the industry. (5) Mixing of construction and demolition debris with other types of solid waste will cause it to be classifi ed as other than construction and demolition debris. (i) "Designated recyclable and re usable materials" means and includes: 2 1.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone, and brick; (2) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted with lead paint. (3) Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. (4) Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences. (5) Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material. (6) Salvageable materials including all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. (7) Any other materials that the chief building official determines can be diverted due to the identification of a recycling facility, reuse facility, or market accessible from the city. (j) "Final cover" means cover material that represents the permanently exposed final surface of a fill. (lc) "New construction" means, for the purposes of the recycling and diversion requirements in this chapter, the construction of a completely new structure or building. (0 "Structure" means, for the purposes of the recycling and diversion requirements of this chapter, anything built or constructed, an edifice or building of any kind, or any piece of work artificially built up or compose of parts joined together in some definite manner that encompasses 200 square feet or more of area in any one plane, except decks, fences, or balconies. (m) "Total value" means the total value of new construction or an the city. alteration as calculated an d determined by the chief building official in the same manner as for permit and building plan review fees under Section 107.2 of the Californ 3 ia Building Code as adopted by 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3. Section 8.17.030 is amended to read as follows: 8.17.030 Diversion Requirements. The minimum percentages of waste tonnage of demolition and construction debris generated from every demolit on, remodeling and construction project, as defined below, shall be diverted from going to landfills by using recycling, reuse and diversion programs as follows: (a) From demolition: For each residential (single-family and multi -family) or nonresidential demolition in the city: At least sixty percent (60%) of all generated C&D tonnage from the project shall be diverted, excluding ADC and AIC. When total tonnage generated from a project includes source -separated soil, concrete and/or asphalt, the total diversion rate shall remain at sixty percent (60%) but at least twenty-five (25%) of the C&D tonnage that excludes source - separated soil, concrete, and asphalt shall be diverted. For example, if total tonnage generated is one hundred (100) tons, the total diverted tonnage shall be at least sixty (60) tons, excluding ADC and AIC. Of this amount, the total tonnage diverted through materials excluding source- separated soil, concrete and asphalt, shall be at least twenty-five (25) tons and the remainder (35 tons or more) can be obtained through diversion of source -separated soil, concrete and asphalt. (b) From new constructi on: Each residential (single-family and multi -family) new construction and each nonresidential new construction shall comply with the same diversion requirements as for demolition: Sixty percent (60%) of total waste tonnage generated from the project shall be diverted, excluding ADC and AIC. When total tonnage generated from such a project includes source -separated soil, concrete and/or asphalt, the total diversion rate shall remain at sixty percent (60%), excluding ADC and AIC, but at least twenty-five (25%) of the waste tonnage that excludes source -separated soil, concrete, and asphalt shall be diverted. For example, if total tonnage generated is one hundred (100) tons, the total diverted tonnage, excluding ADC and AIC, shall be at least sixty (60) tons. Of this amount, the total tonnage diverted through materials excluding source -separated soil, concrete and asphalt, shall be at least twenty-five 4 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (25) tons and the remainder (35 tons or more) can be obtained Yhrough diversion of source - separated soil, concrete and asphalt. (c) From alterations: Each residential (single-family and multi -family) alter afion with a total value of $50,000 or more and each nonresident al alteration with a total value of $505000 or more shall comply with the same diversion requirements as for demolition: Sixty percent (60%) of total waste tonnage generated from the project shall be diverted, excluding ADC and AIC. When total tonnage generated from such a project includes source -separated soil, concrete and/or asphalt, the total diversion rate shall remain at sixty percent (60%) but at least twenty-five (25%) of the waste tonnage that excludes source -separated soil, concrete, and asphalt shall be diverted. For example, if total tonnage generated is one hundred (100) tons, the total diverted tonnage shall be at least sixty (60) tons. Of this amount, the total tonnage diverted through materials excluding source -separated soil, concrete and asphalt, shall be at least twenty-five (25) tons and the remainder (35 tons or more) can be obtained through diversion of source -separated soil, concrete and asphalt. three. (d) From roofing: When the chief building official determines that material from roofing repair or replacement can be divert ed to uses other than ADC or AIC, the chief building official is authorized to require diversion of those materials. Upon this determination, the roofi ng materials shall be delivered to a facility that divert s material to uses other than ADC or AIC. (e) Separate calculations and reports will be required for each portion of a project that involves demolition and alteration, demoli tion and new construction, or any combination of the Section 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or circumstances is for any reas on held invalid or unconstitutional by any court of competent jurisdiction, such port ion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity 01 1 the remaining portions hereof nor other applications of the ordinance which can be given effect 2 without the invalid provision or application, and to this end the provisions of this ordinance are 3 declared to be severable. 4 5 Section 5. This ordinance shall be published as required by law. 6 7 Ma or 8 9 I, DORIS MORTENSEN, Deputy City Clerk of the City of Burlingame, do hereby 10 certify that the foregoing ordinance was introduced at a regular meeting of the City Council 11 held on the 7O1i day of April, 2003, and adopted thereafter at a regular meeting of the City 12 Council held on the 21't day of April, 2003, by the following vote: 13 14 AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBERS: NONE 15 ABSENT: COUNCILMEMBERS: NONE 16 17 94 CiAcler 18 19 S10rdinances\ordI 704.ord.wpd 20 21 22 23 24 25 26 27 28 6