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RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION ORDINANCE

NO. 4099, CHAPTER 4.105

4.105.010 Definitions

For purposes of this chapter, the following definitions apply:

(a) “Construction and demolition 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, copper, aluminum, 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, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project;

2. Remnants of new materials, including but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project.

(b) “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, renovation, or landscaping service relating to buildings or accessory structures in the unincorporated area of San Mateo County.

(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 $250,000, 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” means and includes:

1. Inert solids

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;

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 and shakes as well as asphalt, stone and slate based roofing material;

6. Salvageable materials and structures, including, but not limited to doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances;

7. Any other materials that the Building Official determines can be diverted due to the identification of a recycling facility, reuse facility, or market accessible from the County.

(e) “Inert solids” includes asphalt, concrete, rock, stone, brick, sand, soil and fines;

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(f) “Salvage” means 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. (Ord. 4099, 02/26/02)

4.105.020 Deconstruction and salvage and recovery

(a) Contractors are encouraged to make 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 mater-ials prior to demolition.

(b) Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this chapter.

(Ord. 4099, 02/26/02)

4.105.030 Diversion requirements

(a) One hundred percent (100%) of inert solids, and at least fifty percent (50%) of the remaining construction and demolition 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 (100%) of inert solids to reuse or recycling facilities approved by the County. AND

3. Either

a. Taking all mixed construction and demolition debris to the Mixed Construction and

Demolition Debris Recycling facilities approved by the County and taking all sorted or crushed construction and demolition debris to approved facilities. OR

b. Source separating non-inert materials, such as cardboard and paper, wood, metals, green waste, new gypsum wallboard, tile, porcelain fixtures, and other easily recycled materials, and directing them to recycling facilities approved by the County and taking the remainder (but no more 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 demolition debris (in addition to 100% of inert solids) has been diverted. (Ord. 4099, 02/26/02)

4.105.040 Information required before issuance of permit.

Every contractor shall submit a properly completed “Waste Management Plan,” on a form prescribed by the County, as an integral part of the building or demolition permit application process for a covered project. The Waste Management Plan shall indicate the intended salvage, reuse, and recycling facilities, chosen from a list of facilities approved by the County, for all construction and/or demolition debris from the project. Approval of alternative facilities or special salvage or reuse options may be requested of the Building Official. Approval by the

Building Official, or designee, of the Waste Management Plan as complying with this chapter shall be a condition precedent to the issuance of any building or demolition permit for a covered project. (Ord. 4099, 02/26/02)

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4.105.050 Administrative fee

As a condition precedent to the issuance of any building or demolition permit for a covered project, the applicant shall pay to the County a fee as established by resolution to compensate the County for all expenses incurred in administering this chapter. (Ord. 4099, 02/26/02)

4.105.060 Reporting

(a) No later than thirty (30) days following the completion of a demolition 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 County that demonstrates compliance with the requirements of this chapter.

(b) The documentation shall consist of photocopies of receipts and weight tags or other records of measurement or equivalent documentation from recycling companies, deconstruction contractors, and landfill and disposal companies. 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 may be required.

(d) All documentation submitted pursuant to this section is subject to verification by the

County.

(e) It is unlawful for any person to submit documentation to the County under this section which that person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt or weight tag or other record of measurement. (Ord. 4099, 02/26/02)

4.105.070 Penalties and enforcement

(a) Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for up to six (6) months, or by a fine of up to one thousand dollars ($1,000), or both. 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

9021 of the San Mateo County Building Regulations, 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. (Ord. 4099, 02/26/02)