Loading...
HomeMy WebLinkAboutOrd. 1373-2006 ORDINANCE NO. 1373-2006 AN ORDINANCE ADDING A NEW CHAPTER 15.60, "RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION," TO TITLE 15 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS WHEREAS, the City Council finds and detennines that the City IS comlnitted to protecting the public health, safety, welfare and enviromnent, and WHEREAS, in order to Ineet these goals, it is necessary that the City promote the reduction of solid waste and reduce the stream of solid waste going to landfills, and WHEREAS, under California law as embodied in the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), the City is required to prepare, adopt and implelnent a source reduction and recycling element to reach reduction goals, and is required to make substantial reductions in the volume of waste materials going to landfill, or pay penalties, and WHEREAS, debris frOln construction and demolition of buildings represents a significant portion of the volulne of solid waste presently being generated by the City, and much of this debris is particularly suitable for recycling, and WHEREAS, the City's cOlnmitment to the reduction of waste and to compliance with State law requires the establisrunent of programs for recycling and salvaging construction and demolition materials, and WHEREAS, the City Council recognizes that requiring construction and delnolition debris to be recycled and reused Inay in SOlne respects add Inodestly to project costs and in other respects may Inake possible SOlne cost recovery and cost reduction, and WHEREAS, the City Council hereby finds that it is necessary in order to protect the public health, safety and welfare that the City implement a recycling requirement in order to achieve the above-referenced public purposes. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. A new chapter 15.60, "Recycling and Diversion of Debris from Construction and Demolition," is hereby added to Title 15 of the South San Francisco Municipal Code, to read as follows: Chapter 15.60 RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION 15.60.010 Definitions 15.60.020 Deconstruction and Salvage and Recovery 15.60.030 Diversion Requirelnents 15.60.040 Infonnation Required Before Issuance of Penn it 15.60.050 Adlninistrative Fee 15.60.060 Deposit Required 15.60.070 Reporting 15.60.080 Penalties and Enforcelnent 15.60.010 Definitions. For purposes of this chapter, the following definitions apply: (a) "Construction and demolition debris" Ineans and includes: (1) Discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, copper, aluminum, glass, brick, concrete, asphalt material, pipe, gypSUln, wallboard, and lUlnber 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, including rocks, soils, tree remains, trees, and other vegetative Inatter that nonnally results from land clearing, landscaping and development operations for a construction project; (2) Remnants of new materials, including but not lilnited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project; (b) "Contractor" Ineans 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 perfonns (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in the corporate City limits of South San Francisco. ( c) "Covered Project" means and includes any project which consists of one or more of the following: (1) Demolition work only, where the cost of the work exceeds $5,000 as determined by the Building Official; (2) The renovation, remodel or addition to an existing structure, or the construction of a new structure where the cost of the work exceeds $50,000, as determined by the Building Official; (3) Commercial, residential or multi-family residential development, and any new structure that is equal to or greater than 2,000 square feet. (d) "Designated recyclable and reusable materials" Ineans and includes: (1) Inert solids (2) Wood materials, including any and all diInensionallulnber, fencing or construction wood that is not chelnically treated, creosoted, CCA pressure treated, contmninated or painted; (3) Vegetative Inaterials, including trees, tree parts, shrubs, stulnps, logs, brush or any other type of plants that are cleared froln a site for construction or other use; (4) Metals, including all metal scrap such as, but not limited to, pipes, siding, window frmnes, door frames and fences; (5) Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing Inaterial; (6) Salvageable Inaterials and structures, including, but not limited to doors, windows, fixtures, hard\vood flooring, sinks, bathtubs and appliances; (7) Any other materials that the Building Official detennines can be diverted due to the identification of a recycling facility, reuse facility, or Inarket accessible from the County. ( e) "Inert solids" includes asphalt, concrete, rock, stone, brick, sand, soil and fines; (f) "Salvage" Ineans the controlled removal of materials from a covered project, for the purpose of reuse or storage for later reuse; (g) "Structure" means anything constructed or erected. 15.60.020 Deconstruction and Salvage and Recovery. (a) Contractors are encouraged to Inake every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable Inaterials prior to demolition. (b) Recovered and salvaged designated recyclable and reusable materials fro In the deconstruction phase shall be counted towards the diversion requirements of this chapter. 15.60.030 Diversion Requirements. (a) One hundred percent (100%) of inert solids, and at least fifty percent (50%) of the remaining construction and delnolition debris tonnage shall be diverted. (b) For each covered project, the diversion requirements of this chapter shall be met by submitting and following a Waste Management Plan that includes the following: (1) Deconstructing and salvaging all or part of the structure as practicable. AND (2) Directing one hundred percent (1000/0) of inert solids to reuse or recycling facilities approved by the City. AND (3) Either a. Taking all mixed construction and demolition debris to the Mixed Construction and Demolition Debris Recycling facilities approved by the City and taking all sorted or crushed construction and delnolition debris to approved facilities. OR b. Source separating non-inert Inaterials, such as cardboard and paper, wood, metals, green waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled Inaterials, and directing theln to recycling facilities approved by the City and taking the relnainder (but no Inore than 50% by weight or yardage) to a facility for disposal. In this option, calculations must be provided to show that 50% of construction and delnolition debris (in addition to 100% of inert solids) has been diverted. 15.60.040 Infonnation Required Before Issuance of Penn it. Every contractor shall submit a properly cOlnpleted "Waste Managelnent Plan," on a fonn prescribed by the City's Building Division, as an integral part of the building or delnolition pennit application process for a covered project. The Waste Managelnent Plan shall indicate the intended salvage, reuse, and recycling facilities, chosen from a list of facilities approved by the City, for all construction and/or delnolition debris from the project. Approval of alternative facilities or special salvage or reuse options Inay be requested of the Building Official. Approval by the Building Official, or designee, of the Waste Managelnent Plan as complying with this chapter shall be a condition precedent to the issuance of any building or demolition permit for a covered project. 15.60.050 Adlninistrative Fee. As a condition precedent to the issuance of any building or delnolition pennit for a covered project, the applicant shall pay to the City a fee as established by resolution to cOlnpensate the City for all expenses incurred in administering this chapter. 15.60.060 Deposit Required 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 post a cash deposit or bond in the amount of fifty dollars ($50.00) for each estimated ton of construction and/or demolition debris, but not less than one hundred dollars ($100) or more than fifty thousand ($50,000). 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 and/or construction project have been diverted from landfills and have been recycled or reused. If the 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 cOlnply with the requirelnents of this chapter. 15.60.070 Reporting. (a) No later than thirty (30) days following the cOlnpletion of a delnolition project or construction project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, submit documentation to the City that demonstrates cOlnpliance with the requirements of this chapter. (b) The documentation shall consist of photocopies of receipts and weight tags or other records of measurelnent or equivalent doculnentation froln recycling cOlnpanies, deconstruction contractors, and landfill and disposal cOlnpanies. The contractor's approved "Waste Management Plan" shall be completed by recording and confirming the type of debris diverted and the facilities to which it was taken. The contractor shall sign the completed "Waste Management Plan" form to certify its accuracy as part of the documentation of compliance. ( c) Progress reports during construction Inay be required. (d) All documentation submitted pursuant to this section is subject to verification by the City. ( e) It is unlawful for any person to submit documentation to the City under this section which that person knows to contain any false statelnents, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to sublnit any false or fraudulent receipt or weight tag or other record of measurement. 15.60.080 Penalties and Enforcement (a) Each violation of the provisions of this chapter shall constitute a misdelneanor, and shall be punishable as provided for in Section 36901 of the Government Code, as that section or its successor reads at the time of the offense. Each day that a violation continues shall be deemed a new and separate offense. (b) The Building Official shall have the authority to enforce this chapter as specified in section 15.06.060 of the South San Francisco Municipal Code, including but not limited to the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter. SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Govermnent Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council Ineeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Sumlnary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council Inelnbers voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days frOln and after its adoption. * * * * * Introduced at a regular Ineeting of the City Council of the City of South San Francisco, held the 1 ih day of July 2006. Adopted as an Ordinance of the City of South San Francisco at a regular Ineeting of the City Council held the 26th day of July 2006, by the following vote: AYES: Councilmembers Mark N. Addiego, Pedro Gonzalez, and Karyl Matsulnoto, Vice Mayor Richard A. Garbarino and Mayor Joseph A. Fernekes NOES: ABSTAIN: ABSENT: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26th day July of 2006.