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ORDINANCE NO. 1661
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 8.17 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. This ordinance is
intended to further refine that effort.
Section 2. Chapter 8.17 of the Municipal Code is amended to read as follows:
Chapter 8.17
RECYCLING AND DIVERSION OF DEBRIS FROM
CONSTRUCTION AND DEMOLITION
8.17.010
Definitions
8.17.020
Deconstruction and Salvage and Recovery
8.17.030
Diversion Requirements
8.17.040
Information Required Before Issuance of Permit
8x.17.050
Deposit Required
8.17.060
Administrative Fee
8.17.070
On Site Practices
8.17.080
Reporting
8.17.090
Adjustment of Values
8.17.100
Application to Additional Projects
8.17.010 Definitions.
For purposes of this chapter, the following definitions apply:
(a) "Alteration" means, for the purposes of the recycling an
d diversion requirements in
this chapter, any change, addition, or modification in construction or occupan
cy of a building or
structure.
(b) "Building" means any structure used or intended for supporting any use or
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occupancy that encompasses 200 square feet or more of area in any one plane. "Building" does
not include decks, fences, balconies, machinery, equipment, or appliances installed for
manufacture or process purposes only.
(c) ef bu lding official" means the city chief building official or the chief building
official's designee.
(d) "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, or 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.
(e) "Demolition" mean
s, for the purposes of the recycling and diversion requirements in
this chapter, the intentional removal an existing building or structure.
(f) "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 fr
om any construction
and/or landscape project;
(3) Non -constr
uction and demolition debris wood scraps.
(4) De-minimis 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 classified as other than construction an
d demolition debris.
(g) "Designated recyclable and reusable materials" means and includes:
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(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.
(h) "New construction" mean
s, for the purposes of the recycling and diversion
requirements in this chapter, the construction of a completely new str
ucture or building.
(i) "Structure" means, for the purposes of the recycling an
d diversion requirements of
this chapter, anything built or constructed, an edifice or building of any kind, or an
y 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.
(j) "Total value" means the total value of new construction or an
alteration as calculated
and determined by the chief building official in the same manner as for permit an
d building
pIan
review fees under Section 107.2 of the California Building Code as adopted by the city.
8.17.020 Deconstruction and Salvage and Recovery.
(a) This section shall apply to the following:
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(1)
Every
building or
structure
planned
for
demolition; or
(2)
Every
building or
structure
planned
for
alteration, in which the alteration has
a total value of $50,000 or more.
(b) No person shall begin such a demolition or alteration until a period of five (5)
working days has elapsed from the date of issuance of the demolition or construction permit, in
order to facilitate that pre -demolition deconstruction, salvage and recovery. The owner, the
general contractor and all subcontractors shall recover the maximum feasible amount of
salvageable designated recyclable and reusable materials prior to demolition or alteration.
(c) hi the event that it is determined that no materials can be salvaged for reuse from a
particular project, written documentation shall be provided to the City as to the reasons why
salvaging cannot take place at least three (3) working days before demolition or alteration
begins.
(d) Recovered and salvaged designated recyclable and reusable materials from the
deconstruction phase shall qualify to be counted in meeting the diversion requirements of this
chapter. Recovered or salvaged materials may be given or sold on or from the premises at
which they were recovered or salvaged, or may be removed to reuse warehouse facilities for
storage or sale. Title to reusable or recyclable materials forwarded to the operator of a recycling
facility, landfill, or other disposal facility will transfer to the service provider upon departure of
the materials from the site.
8.17.030 Diversion Requirements.
The minimum percentages of waste tonnage of demolition and construction debris
generated from every demolition, remodeling an
d construction project, as defined below, shall
be diverted from going to lan
dfills 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
divert
ed. When total tonnage generated from a project includes soil, concrete and/or asphalt,
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the total diversion rate shall remain at sixty percent (60%) but at least twenty-five (25%) of the
C&D tonnage that excludes 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 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 soil, concrete and asphalt.
(b) From new construction:
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. When total tonnage generated from such a project includes 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 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 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 soil, concrete and asphalt.
(c) From alterations:
Each residential (single-family and multi -family) alteration with a total value of $50,000
or more and each nonr
esidential alteration with a total value of $50,000 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. When total tonnage generated from such
a project includes 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 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 soil, concrete and asphalt, shall be at least twenty-five
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(25) tons and the remainder (35 tons or more) can be obtained through diversion of soil,
concrete and asphalt.
(d) Separate calculations and reports will be required for each portion of a project that
involves demolition and alteration, demolition and new construction, or any combination of the
three.
8.17.040 Information Required Before Issuance of Permit.
(a) Every applicant shall submit a properly cornpleted "Recycling and Waste Reduction
Form," on a form as prescribed by the city as an integral part of the building or demolition
permit application process. The applicant's submission shall include an accurate estimate of
the tonnage or other specified units of construction and demolition debris to be generated from
construction and demolition on the site. Approval of the form as complete and accurate shall
be a condition precedent to issuance of any building or demolition permit.
(b) The chief building official will review the Recycling and Waste Reduction Form for
the purpose of confirming the accuracy of the estimated waste generation and gathering data on
the amount of waste generated for Al
project in the city.
8.17.050 Deposit Required.
(a) As a condition precedent to issuance of any permit for a building or a demolition
permit that is subject to section 8.17.030 above, the applican
t shall post a cash deposit, surety
bond, or irrevocable lett
er of credit in the following amounts:
(1) For demolition, in the amount of fifty dollars ($50) fox each ton of
demolition an
d construction debris estimated to be generated by the demolition;
(2) For alterations with a total value of $50,000 or more, in an
amount equal to
1.5% of the total value of the alteration, but not to exceed $3,000 for an
alteration to a
structure or building that is asingle-family residence or accessory to a single family
building or structure, or $10,000 for any other type of project; an
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(3) For new construction, in an amount equal to one percent (1%) of the total
value of the new construction, but not to exceed $7,500.
(b) If a project involves demolition and alteration, demolition and new construction, or
any combination of the three, a deposit shall be required for each portion of the project and be
calculated pursuant to this section for each portion.
(c) The deposit or cash bond shall be returned, without interest, in total or in
proportion, upon proof to the satisfaction of the chief building official, that no less than the
required percentages or proven proportion of those percentages of the tons of debris generated
by the demolition, alteration, or new construction have been diverted from landfills and have
been recycled or reused. If a lesser percentage of tons or cubic yards than required is diverted, a
proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to
the extent that there is a failure to comply with the requirements of this chapter for timely
reporting or compliance with the percentage diversion.
8.17.060 Administrative fee.
As a condition precedent to issuance of any permit for a building or a demolition permit
that involves the production of solid waste destined to be delivered to a landfill, the applicant
shall pay to the city a fee as established by resolution to compensate the city for all expenses
incurred in administering the permit.
8.17.070 On-site practices.
During the term of the demolition or construction project, the contractor shall recycle or
divert the required percentages of materials, an
d keep records of diversions in tonnage or in
other measurements approved by the city that can be converted to tonnage. The chief building
official will evaluate and monitor contractor reports from each project to gauge the percentage
of materials recycled, salvaged, and disposed from the project. To the maximum extent
feasible, on-site separation of scrap wood and clean green waste in a designated debris box or
boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land
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cover purposes. In order to protect chipping and grinding machinery and personnel, metal and
other materials which cannot be chipped or ground shall not be placed in such boxes. On-site
separation for recycling and salvaging of other materials shall be undertaken to the extent
feasible.
8. 17.080 Reporting.
(a) No later than sixty (60) days following the completion of a demolition project or
construction project, the contractor shall, and as a condition of final inspection and for issuance
of any certificate of occupancy if applicable, submit documentation to the city that proves
compliance with the requirements of section 8.17.030. The documentation shall consist of a
final completed 'Recycling and Waste Reduction Form" showing the tonnage of materials
recycled and diverted, supported by originals or certified photocopies of receipts and weight
tags or other records of measurement from recycling companies, deconstruction contractors,
and landfill and disposal companies. Receipts and weight tags will be used to verify whether
materials generated from the site have been or are to be recycled, reused, salvaged or otherwise
disposed of. If mixed debris is taken to a facility that provides both mixed C&D processing and
disposal services, documentation shall be provided to show that the delivered materials were
processed for recycling and also indicate the average diversion rate achieved by the facility
From mixed load processing.
(b) If a project involves demolition and alteration or new construction, the report
and
documentation for the demolition portion of the project shall be submitted no later than
sixty
(60) days following the completion of the demolition portion of the project, and must be
approved by the city before issuance of a building permit for the alteration or new construction
portion of the project. The permittee shall then submit the report and documentation for the
aIteration or new construction portion of the project no later than sixty (60) days following
completion of the alteration or new construction portion as specified in subsection (a) above.
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(c) As an alternative, a permittee may submit a declaration stating that no waste or
recyclable materials were generated from the permittee's project or a particular portion of a
proj ect.
(d) Any deposit posted pursuant to section 8.17.050 shall be forfeited to the city if the
permittee does not meet the time requirements for reporting pursuant to this section.
(e) All reports, letters, and documentation submitted pursuant to this section are subject
Yo verification by the city.
(f) On an annual basis, the chief building official will compile a report that, at a
minimum, describes the number and type of permits issued, the number and type of projects
covered by diversion requirements, the total tonnage generated, and the estimated diversion
resulting from these projects.
(g) It is unlawful for any person to submit a report to the city under this section that the
person knows to contain any false statement of tonnage of materials recycled or diverted, or any
faI
se or fraudulent receipt or weight tag or other record of measurement.
8.17.090 Adjustment of Values.
In order to ensure that the values provided by this chapter that trigger requirements for
reporting, diversion, an
d recovery remain fair and equitable, the values shall be adjusted by the
chief building official according to the following formula:
On July 1 of each year, the values payment shall be increased or decreased by
the percentage chan
ge in the Consumer Price Index —All Urban Consumers/All Items
(CPI -U, 1982-84=100) for the San Fran
cisco -Oakland -San Jose, CA Metropolitan Area
between April 2001
(189.1) and April of the adjustment year.
The adjusted values shall be filed with the city clerk.
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8.17.100 Application to Additional Projects.
Notwithstanding any other provision of this chapter, the provisions of this chapter will
apply to any construction project that the chief building official determines will generate five
(5) tons or more of construction or demolition debris.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance or the application thereof to any person or circumstances is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall not affect the validity of
the remaining portions hereof nor other applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this ordinance are
declared to be severable.
Section 4. This ordinance shall be published as required by law.
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the20th
day ofAu ug_st, 2001, and adopted thereafter at a regular meeting of the City Council held on the
4th day of September , 2001, by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
C:AFILESVOR➢INANCUecycingvea2.Sn.wpd
8/21/2001
I.
Deputy City Clerk
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