Chapter 30.70
CONSTRUCTION AND DEMOLITION (C&D) DEBRIS
REDUCTION, REUSE AND RECYCLING
Sections:
30.70.010 General requirements.
30.70.030 Requirements of C&D generators.
30.70.040 C&D debris ownership.
30.70.050 Construction and demolition (C&D) waste plan.
30.70.060 Management of C&D debris.
30.70.080 Inspection and audit authority.
30.70.010 General requirements.
A. All C&D debris, including that from sources other than covered projects, shall be contained in a manner so as to prevent blowing or scattering.
B. All C&D debris, including that from sources other than covered projects, shall be hauled by an authorized hauler, or by the person who generated that mixed C&D debris.
C. No C&D debris, including that from sources other than covered projects, shall be deposited on any roadway.
D. No C&D debris shall be deposited on any real property without a solid waste facility permit for that real property, whether public or private.
E. No C&D debris shall be deposited in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system.
F. No C&D debris, including any from sources other than covered projects, shall be burned. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.020 Covered project.
All additions, remodels, new construction, or demolition projects within the City are defined as a “covered project” and shall be subject to this chapter. Additions, remodels, and newly constructed buildings with an established cost threshold (set by resolution of the City Council) are subject to additional report and fee obligations, which reports and/or fee obligations shall be set by resolution of the City Council. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.030 Requirements of C&D generators.
A. Each C&D generator shall be responsible for ensuring and demonstrating their compliance with this chapter and shall recycle all recyclable C&D debris by any of the following methods:
1. Source separating recyclable C&D debris and recycling it; and/or
2. Self-hauling mixed C&D debris containing recyclable C&D debris to a certified C&D sorting facility; and/or
3. Depositing mixed C&D debris containing recyclable C&D debris in a container provided by an authorized hauler, who shall deliver that load of mixed C&D debris to a certified C&D sorting facility; and/or
4. Any other method described in detail on the C&D waste plan required by EGMC Section 30.70.050 and approved by the Recycling and Waste Division that achieves the required diversion of recyclable material.
B. Each C&D generator shall recycle one hundred (100%) percent of all excavated soil and land clearing debris.
C. Each C&D generator shall recycle or divert no less than sixty-five (65%) percent of the material collected at the construction site, not including excavated soil and land clearing debris.
D. Each C&D generator shall notify and instruct all employees and subcontractors of the recycling requirements in subsections (B) and (C) of this section and the methods, described in the C&D waste plan required by EGMC Section 30.70.050, to be employed in meeting those requirements.
E. Each C&D generator shall keep records of all bills, receipts, or scale house tickets from the authorized hauler or those obtained directly from facilities if self-hauling, including that of any subcontractors, on file for a period of one (1) year from the date of final inspection by Building Safety and Inspection (BSI) or the issuance of the certificate of occupancy, whichever is later.
F. Nothing in this chapter shall abridge the right of any C&D generator to sell or exchange at fair market value its own recyclable materials, which are source separated for reuse or recycling.
G. Each C&D generator, for additions of one thousand (1,000 ft2) square feet or greater and/or building alterations with a permit valuations of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or above shall provide verification that universal waste items such as fluorescent lamps, polychlorinated biphenyl (PCB) or electrical ballasts, and mercury-containing thermostats as well as other California-prohibited universal waste materials are disposed of properly and are diverted from landfills. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.040 C&D debris ownership.
C&D debris lawfully deposited in bins, drop boxes or other containers used by an authorized hauler for collection for either disposal or recycling shall become the property of the authorized hauler upon its deposit in any such container. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.050 Construction and demolition (C&D) waste plan.
A. Any person applying for a permit for a covered project shall submit a completed C&D waste plan, on a form provided by the Recycling and Waste Division, as part of the jobsite waste and recycling documentation for approval by BSI.
B. The C&D waste plan shall provide the following:
1. The types of waste materials to be generated from the project;
2. The manner in which C&D debris will be managed on site, for example in dumpsters, bins or corrals;
3. The manner in which recyclable C&D debris will be diverted, for example by source separation of recyclable C&D debris or by delivery of commingled C&D material to a certified C&D sorting facility, or both;
4. The person or entity who will transport C&D debris, for example identification of an authorized hauler, independent reusers or recyclers, or a description of any self-hauling activity to be employed; and
5. Identification of all disposal and recycling facilities, including certified C&D sorting facilities, where C&D debris will be delivered.
C. All C&D waste plans submitted shall be accompanied by a processing fee. The fee shall be set by resolution of the City Council.
D. C&D waste plans deemed complete according to the requirements of this chapter shall be approved by the Recycling and Waste Division and will be in full force and effect for the duration of the project. Upon approval, the Division will forward a copy of the approved C&D waste plan to Building Safety and Inspection (BSI).
E. A copy of the C&D waste plan as well as any signed service agreement with an authorized hauler shall be kept readily available on the project site in the jobsite permit folder and shall be made available to the Division for inspection during regular business hours. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.060 Management of C&D debris.
All vehicles or containers to be used for the collection of C&D debris shall prominently display the identification of the authorized hauler or the self-hauler. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.070 Reporting.
A. Authorized Haulers. Any authorized hauler engaged to provide C&D debris collection services in the City pursuant to this chapter shall be subject to all applicable reporting requirements in EGMC Section 30.50.190.
B. General. All permittees shall make reasonable efforts to ensure that all C&D debris diverted or sent to a landfill is measured and recorded using the most accurate method of measurement available. To the extent practical, C&D debris shall be weighed on certified scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the permittee shall use conversion rates approved by the Recycling and Waste Division for this purpose. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.080 Inspection and audit authority.
A. Each permittee shall at all times maintain accurate and complete records of all C&D debris generated, transported, recycled and/or disposed of; the hauler of such C&D debris; and the final destination of such C&D debris. The permittee’s books, accounts, and records reasonably necessary for the enforcement of this code shall be made available for inspection, examination, and audit during normal business hours by the Recycling and Waste Division or a designee. The Division shall give written notice at least ten (10) days prior to any inspection, audit, or examination of these records.
B. Accurate and complete records shall be maintained by the permittee for a minimum period of twelve (12) months immediately following the date of the issuance of the certificate of occupancy or the project final inspection, whichever is later.
C. Where the Recycling and Waste Division determines that an audit is necessary, the permittee may be responsible for reimbursement of audit costs, including any consultant services, to perform audits of accounts of all C&D debris generated, transported, recycled and/or disposed of; the hauler of such C&D debris; and the final destination of such C&D debris. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.090 Use of containers.
No person other than a commercial generator who has contracted for service with an authorized hauler, or a person with such commercial generator’s consent, shall deposit solid waste into a C&D debris box, drop box, roll-off container, pen, corral, compactor, or any other container placed in the City by an authorized hauler for the purpose of receiving C&D debris. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.70.100 Probation.
A. The remedies set forth herein are cumulative to any other remedy available to the City. Nothing contained herein shall limit or be deemed to prevent the City from pursuing any other available remedy under this code, this title, or any other applicable law.
B. Probation. In addition to any other remedies, the City Manager is authorized to impose probationary measures on a permittee for violations of this chapter. Probationary measures will remain in effect for one (1) year or until the permittee provides documentation satisfactory to the administrator verifying that the reason for imposition of the probationary measures no longer exists. Probationary measures imposed may include, but are not limited to, any combination of the following:
1. For two (2) or more violations of this chapter, a recycling performance deposit may be required prior to approval of the permittee’s next C&D waste plan for a covered project. A recycling performance deposit will be calculated as one (1%) percent of the stated project valuation but will not exceed Ten Thousand and no/100ths ($10,000.00) Dollars.
The recycling performance deposit, which may be imposed for two (2) or more violations of this chapter, shall be released in full upon a showing that the permittee has fully complied with the requirements of this chapter, and complied with the terms and conditions of the approved C&D waste plan, and complied with any other probationary measures imposed, for the duration of the project. If the City Manager determines that the permittee only partially complied with the requirements of this chapter and complied with the terms and conditions of the approved C&D waste plan, and complied with any other probationary measures imposed, for the duration of the project, then the City Manager may authorize a partial release of the recycling performance deposit.
2. For any violation of this chapter, the C&D waste plan for the permittee’s next project may be required to be submitted directly to the Recycling and Waste Division for approval.
3. For any violation of this chapter, submittal of all receipts or scale house tickets from disposal and/or recycling facilities in lieu of a summarizing waste log may be required upon completion of the permittee’s next project. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]