Chapter 12.48
RECYCLING AND SALVAGING OF CONSTRUCTION AND DEMOLITION DEBRIS
Sections:
12.48.020 Deconstruction, salvage and recovery.
12.48.030 Landfill diversion requirements.
12.48.040 Exceptions to diversion requirements.
12.48.050 Information required before issuance of permit.
12.48.100 Violation a public nuisance.
12.48.010 Definitions.
The definitions set forth in this section shall govern its interpretation.
(1) "Alternative daily cover (ADC)" means materials other than soil that have been approved by the California Integrated Waste Management Board for use as an overlay on an exposed landfill face.
(2) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, industry, public or private corporation, property owner, contractor, architect or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city.
(3) "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 or owner-builder) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in Menlo Park.
(4) "Construction and demolition (C&D) debris" means and includes:
(A) 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 demolition of a structure or hardscape improvement as part of a construction or demolition project or from the renovation of a structure, hardscape improvement, 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 project;
(B) Clean cardboard, paper, plastic, wood and metal scraps from any construction and/or landscape project; and
(C) Minimal amounts of other non-hazardous wastes that are generated at the construction or demolition projects provided such amounts are consistent with best management practices of the industry.
(5) "Covered project" means any residential or non-residential construction or demolition project that is subject to the requirements of the California Green Building Standards (Cal Green) as amended by the city of Menlo Park in effect at the time of building permit application. Notwithstanding the above, in those cases in which a dangerous situation has been determined to exist by the building division and/or the police department, the recycling and salvage requirements of this chapter may be waived in total or in part by the community development director.
(6) "Deconstruction" means the soft demolition of any facility, structure, hardscape improvement or building through a planned dismantling and salvaging of reusable materials and parts.
(7) "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, hardscape improvement or building, whether in whole or in part, whether interior or exterior and/or the removal of landscaping materials, including green waste.
(8) "Designated recyclable and reusable materials" means that portion of C&D debris that includes the following:
(A) Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick;
(B) Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated or painted;
(C) 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;
(D) Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences;
(E) Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material;
(F) Salvageable materials and structures, including, but not limited to gypsum wallboard, doors, windows, mantelpieces, cabinets, lighting fixtures, toilets, sinks, bathtubs, appliances, decorative molding, flooring, carpeting, reusable hardware, bricks and decorative tiles in good repair; and
(G) Any other materials which the city sustainability manager or their designee determines can be recycled or reused due to the identification of a recycling facility, reuse facility, or market accessible to Menlo Park, including facilities which can further sort mixed C&D debris through mechanical and/or manual processes in order to remove additional materials for reuse or recycling.
(9) "Diversion" means any activity, including recycling, source reduction, reuse, deconstruction, or salvaging of materials, which causes materials to be diverted from disposal in landfills or incinerators and instead put to use as the same or different product. ADC is not a bona fide means of diversion.
(10) "Hardscape improvements" means swimming pools, driveways, parking lots, walkways, patios and decks.
(11) "Non-recyclable/non-reusable materials" means that portion of C&D debris for which there is no available facility within sixty (60) miles of the City of Menlo Park boundaries for the return of these materials to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
(12) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting discarded materials that meet the quality standards necessary to be reused, remanufactured or processed.
(13) "Salvage" means the controlled removal of designated recyclable and reusable materials from C&D debris, from a covered project, for the purpose of recycling, reuse, or storage for later recycling or reuse.
(14) "Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground. (Ord. 1022 § 9 (part), 2016; Ord. 908 § 2 (part), 2001).
12.48.020 Deconstruction, salvage and recovery.
(a) Interior building fixtures and finishes such as doors, cabinets, plumbing and electrical fixtures and floor finishes in structures planned for demolition shall be made available for salvage and recovery prior to demolition. In order to ensure sufficient time for these activities, no demolition may commence until a period of at least seven (7) working days prior to the date of issuance of the demolition permit.
(b) It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable materials prior to demolition. In the event the applicant believes that no materials can be salvaged for reuse or recycling from a particular project, a written form must be completed and provided to the building division identifying the reasons why salvaging cannot take place. The community development director or his designee will determine whether this requirement shall be waived in whole or in part.
(c) Recovered and salvaged material from the deconstruction phase shall qualify in meeting the diversion requirements of this chapter.
(d) Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse or other reuse facility for storage or sale. (Ord. 1022 § 9 (part), 2016; Ord. 908 § 2 (part), 2001).
12.48.030 Landfill diversion requirements.
(a) It is required that at least the following specified percentages of C&D debris waste tonnage generated from every covered project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs:
(1) Demolition Projects. Residential demolitions of one thousand (1,000) square feet or greater and all non-residential demolition projects, (including non-residential interior demolitions) in the city of Menlo Park shall meet the diversion requirements for both inert materials and non-inert materials established in the California Green Building Standards as amended in Section 12.18.010 and 12.18.020 of the City of Menlo Park Municipal Code in effect at the time of building permit application demolition.
(2) Construction Projects. Residential (single-family and multifamily) construction projects of one thousand (1,000) square feet or greater and non-residential construction projects shall meet the diversion requirements for both inert materials and non-inert materials established in the California Green Building Standards as amended in Section 12.18.010 and 12.18.020 of the City of Menlo Park Municipal Code in effect at the time of building permit application.
(b) Separate calculations will be required for the demolition portion and for the construction portion of projects involving both demolition and construction.
(c) To ensure that recycled C & D material is reused, remanufactured or processed into viable products, use of the material as alternative daily cover (ADC) shall not count towards reaching the required diversion percentages. (Ord. 1022 § 9 (part), 2016; Ord. 908 § 2 (part), 2001).
12.48.040 Exceptions to diversion requirements.
(a) It is not the intention of this chapter to require the recycling, reuse or diversion of materials not subject to those processes. If non-recyclable/non-reusable materials are present, the following exceptions to this chapter may be granted by the community development director or designee:
(1) An exception to the exclusion of ADC as a bona fide diversion method may be granted. If an exception is granted, any designated recyclable and reusable materials that are also present must be one hundred percent (100%) diverted from disposal in a landfill.
(2) In the event that more of the waste tonnage is non-recyclable/non-reusable material than the allowable disposal percentage in current Cal Green, and a good faith effort made by the applicant and the city to locate a material recycling/reuse facility has been unsuccessful, an exception to the requirements of this chapter may be granted. If an exception is granted, any designated recyclable and reusable materials that are also present must be one hundred percent (100%) diverted from disposal in a landfill. (Ord. 1022 § 9 (part), 2016: Ord. 908 § 2 (part), 2001).
12.48.050 Information required before issuance of permit.
Applicants for projects affected under this chapter shall accurately estimate the tonnage of C&D debris to be generated from the project, and a waste management plan as required by Cal Green for diverting materials generated by the project, on a form or forms provided by the city, and submit the form(s) to the building division, as a portion of the building permit process. Approval of complete and accurate form(s) and waste management plan shall be a condition precedent to issuance of any building permit for a construction or demolition project. (Ord. 1022 § 9 (part), 2016: Ord. 908 § 2 (part), 2001).
12.48.070 Administrative fee.
As a condition precedent to issuance of any permit for construction or demolition for a covered project, the applicant shall pay to the city a cash fee sufficient to compensate the city for all direct and indirect expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the City Council approved master fee schedule. (Ord. 908 § 2 (part), 2001).
12.48.080 On-site practices.
(a) During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the community development director or designee that can be converted to tonnage. The community development director or designee will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and/or reused from the project.
(b) The diversion of a minimum of the required percentages of the C&D debris shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.
(c) 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, metal and other materials that cannot be chipped or ground shall not be placed in such boxes.
(d) To the maximum extent feasible on new construction, on-site separation shall be undertaken for gypsum wallboard, dimensional lumber and cardboard.
(e) To the maximum extent feasible on demolition and construction sites, designated recyclable and reusable materials shall be kept separate from non-recyclable/non-reusable materials.
(f) Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. (Ord. 908 § 2 (part), 2001).
12.48.090 Reporting.
(a) Within sixty (60) days following the completion of the demolition portion, the contractor shall submit documentation to the building division that complies with the requirements of this chapter.
(b) For construction projects, as a condition prior to final inspection and to approval of final inspection, the contractor shall submit to the building division documentation that complies with the requirements of this chapter.
(c) The documentation shall consist of a final completed form showing actual tonnage data for recycled and diverted materials, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or 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, or salvaged.
(d) Any deposit posted pursuant to Section 12.48.060 shall be forfeited if the permittee does not furnish required reports within the time reporting requirements of this section.
(e) On an annual basis, the community development director or designee shall compile a report that, at 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. (Ord. 908 § 2 (part), 2001).
12.48.100 Violation a public nuisance.
Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of Chapter 8.04 of this code. The costs of abatement of any such nuisance shall be a lien upon the property involved. (Ord. 908 § 2 (part), 2001).
12.48.110 Penalties.
(a) The community development director or their designee is authorized to take any and all other actions reasonable and necessary to enforce this chapter.
(b) Criminal Penalties. Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for a period of time not to exceed six (6) months, or by fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment. Each day that a violation continues shall be deemed a new and separate offense.
(c) Administrative Penalties. Violation of any provision of this chapter shall be subject to the assessment of one dollar ($1.00) per square foot of project area or one thousand dollars ($1,000), whichever is greater. The city council may, by resolution, modify the amount of the administrative penalty.
(d) The building official or designee is authorized to issue stop work orders, notices of violation, administrative penalties and citations under this chapter.
(e) Any citation or administrative penalty received under this chapter may be appealed to the city manager or designee whose determination shall be final. Such appeal must be filed within fifteen (15) days of receipt of the citation or penalty.
(f) Permit Issuance. No certificates of occupancy or other permits or approvals relating to a project cited under this chapter shall be issued by the city until the administrative penalty has been paid in full.
(g) All remedies provided in this section shall be cumulative and are not exclusive. (Ord. 1062 § 11 (part), 2019: Ord. 908 § 2 (part), 2001).
12.48.120 Responsible party.
Every applicant and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this chapter. (Ord. 908 § 2 (part), 2001).