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HomeMy WebLinkAboutOrd 166110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8/2I/2001 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 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: 8/21/2001 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. (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: 8/21/2001 3 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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, 8/21/2001 4 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8/2I/200I 4 5 6 7 9 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 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 8/21/2001 d 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 8/2l/200I 7 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 8/2I/2001 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. 8/21/2001 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 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 I�7