HomeMy WebLinkAboutOrd 164510
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ORDINANCE NO. 1645
AN ORDINANCE OF THE CITY OF BURLINGAME
ADDING A NEW CHAPTER 8.17 TO THE
BURLINGAME MUNICIPAL CODE RELATING TO 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 Council of the City of Burlingame hereby finds and determines that
the City is committed to protecting the public health, safety, welfare and environment; that in
order to meet these goals, it is necessary that the City promote the reduction of solid waste and
reduce the stream of solid waste going to landfills; that under California law as embodied in the
California Waste Management Act (California Public Resources Code Sections 40000 et seq.),
Burlingame is required to prepare, adopt and implement source reduction and recycling elements
to reach reduction goals, and is required to make substantial reductions in the volume of waste
materials going to landfill, or pay penalties; that debris from demolition and construction of
buildings and tenant upgrades represents a significant portion of the volume presently coming
from Burlingame, and that much of this debris is particularly suitable for recycling; that
Burlingame' s commitment to the reduction of waste and to compliance with State law requires
the establishment of programs for recycling and salvaging construction and demolition materials;
the City Council recognizes that requiring demolition and construction debris to be recycled and
reused may in some respects add modestly to the cost of demolition and in other respects may
make possible some cost recovery and cost reduction; and that it is necessary in order to protect
the public health, safety and welfare that this ordinance is adopted.
Section 2. Anew Chapter 8.17 is added to the Municipal Code to read as follows:
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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
8.17.050 Deposit Required
8.17.060 Administrative Pee
8.17.070 On Site Practices
8.17.080 Reporting
8.17.090 Penalties
8.17.010 Definitions.
For purposes oftlris chapter, the following definitions apply:
(a) "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, demolition,
remodeling, or landscaping service relating to buildings or accessory structures in the city.
(b) "Demolition" means, for the purposes ofthe recycling and diversion requirements in
this chapter, the intentional removal of fifty percent (50%) or more of an existing structure.
(c) "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 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
]and clearing, landscaping and development operations for a construction project;
(2) Clean cai°Aboard, paper, plastic, wood, and metal scraps fr
om any construction
and/or landscape project;
(3) Nou-consuuction and demolition debris wood scraps.
(4) De-minimis amounts of other non hazardous wastes that are generated at
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construction or demolition projects, provided such amounts are consistent with best
management practices of the industry.
(5) Mixing of construction and demolition debris with other types of solid waste will
cause L to be classified as other than construction and demolition debris.
(d) "Designated recyclable and reusable materials" means and includes:
(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, bathtubs
and appliances.
(7) Any other materials that the chief building official determines can be divert
ed due to
the identification of a recycling facility, reuse facility, or market accessible fr
om the city.
(e) "New construction" means the construction of a completely new structure or the
construction of an addition to an existing structure that exceeds fifty percent (50%) of the value
of the existing structure as determined by the building official.
(f) "Structure" means anything constructed or erected, except fences, the use of which
requires permanent location on the ground or attached to something having a permanent
location on the ground and that contains 150 square feet or more of fl
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oor area.
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8.17.020 Deconstruction and Salvage and Recovery.
Every structure planned for demolition shall be made available for deconstruction,
salvage, and recovery prior to demolition. No person shall begin such a demolition until a
period of five (5) working days has elapsed from the date of issuance of the demolition 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. In 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 begins. 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 and construction project, as defined below, shall
be divert
ed from going to landfills by using recycling, reuse and diversion programs as follows:
(a) From demolition:
For all residential (single-family and multi -family) and commercial demolition projects in
the city At least sixty percent (60%) of all generated C&D tonnage fr
om the project shall be
diverted. When total tonnage generated from 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
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
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(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:
All residential (single-family and multi -family) and all commercial new construction
projects shall be covered by 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 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) tops and the remainder (35 tons or more) can be obtained through diversion of
soil, concrete and asphalt.
(c) Separate calculations and reports will be required for the demolition portion and for
the construction port
ion of projects involving both demolition and construction.
8.17.040 Information Required Before Issuance of Permit.
(a) Every applicant shall submit a properly completed "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 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 the project in the city.
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8.17.050 Deposit Required.
As a condition precedent to issuance of any permit for a building or a demolition permit
that is subject to section 8.17.030, the applicant shall post a cash deposit, surety bond, or
irrevocable letter of credit in the amount of fifty dollars ($50.00) for each estimated ton of
generated construction or demolition. The deposit or cash bond shall be returned, without
interest, in total or in proportion, upon proof to the satisfaction of the building official, that no
less than the required percentages or proven proportion of those percentages of the tons of
debris generated by the demolition or construction project 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 constnwtion project, the contractor shall recycle or
divert the required percentages of materials, and keep records of diversions in tonnage or in
other measurements approved by the city that can be converted to tonnage. The 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 cover
purposes. In order to protect chipping and grinding machinery and personnel, metal and other
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materials which cannot be chipped or ground shall not be placed in such boxes. On-site
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separation for recycling and salvaging of other materials shall be undertaken to the extent
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feasible.
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8.17.080 Reporting.
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(a) No later than sixty (60) days following the completion of a demolition project or
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construction project, the contractor shall, as a condition of final inspection and for issuance of
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any certificate of occupancy, submit documentation to the city that proves compliance with the
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requirements of section 8.17.030. The documentation shall consist of a final completed
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"Recycling and Waste Reduction Form" showing the tonnage of materials recycled and diverted,
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supported by originals or certified photocopies of receipts and weight tags or other records of
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measurement from recycling companies, deconstruction contractors, and landfill and disposal
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companies. Receipts and weight tags will be used to verify whether materials generated from
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the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If mixed
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debris is taken to a facility that provides both mixed C&D processing and disposal services,
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documentation shall be provided to show that the delivered materials were processed for
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recycling and also indicate the average diversion rate achieved by the facility from mixed load
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processing.
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(b) If a project involves both demolition and construction, the report and documentation
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for the demolition portion of the project shall be submitted no later than sixty (60) days
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following the completion of the demolition portion of the project, and must be approved by the
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city before issuance of a building permit for the construction portion of the project. The
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permittee shall then submit the report and documentation for the construction portion of the
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project no later than sixty (60) days following completion of the construction portion as
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specified in subsection (a) above.
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(c) As an alternative, a permittee may submit a declaration stating that no waste or
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recyclable materials were generated from the permittee's project or a particular portion of a
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project.
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I (d) Any deposit posted pursuant to section S. 17.050 shall be forfeited to the city if the
2 permittee does not meet the time requirements for reporting pursuant to this section.
3 (e) All reports, letters, and documentation submitted pursuant to this section are subject
4 to verification by the city.
5 (f) On an annual basis, the building official will compile a report that, at a minimum,
6 describes the number and type of pen-nits issued, the number and type of projects covered by
7 diversion requirements, the total tonnage generated, and the estimated diversion resulting from
8 these projects.
9 (g) It is unlawful for any person to submit a report to the city under this section that the
10 person knows to contain any false statement of tonnage of materials recycled or diverted, or any
I 1 false or fraudulent receipt or weight tag or other record of measurement.
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13 Section 3. If any section, subsection, sentence, clause, phrase, or portion of this
14 ordinance or the application thereof to any person or circumstances is for any reason held invalid
15 or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
16 separate, distinct and independent provision and such holding shall not affect the validity of the
17 remaining portions hereof nor other applications of the ordinance which can be given effect
18 without the invalid provision or application, and to this end the provisions of this ordinance are
19 declared to be severable.
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21 Section 4. This ordinance shall be published as required by law.
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ayor<'
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25 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the
26 foregoing ordinance was introduced at a regular meeting of the City Council held on the 4th day
27 of December, 2000, and adopted thereafter at a regular meeting of the City Council held on the
28 Nth day of December , 20007 by the following vote:
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2 AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, UMAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
3 ABSENT: COUNCILMEMBERS: NONE
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5 City Clerk
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