HomeMy WebLinkAbout2009-06-11 Ordinance 5040follows:
Ordinance No. 5040
Ordinance of the Council of the City of Palo Alto
Amending Chapter 5.24 ("Requirements to Divert
Construction and Demolition Waste from Landfill") of
Title 5 ("Health and Sanitation") of the Palo Alto
Municipal Code to Increase Diversion Requirements
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and purpose. The Council finds and declares as
a. The California Integrated Waste Management Act of 1989 requires that
-.-. eaGh~leeal-juRsdietieH~inthe .... stat~diveft~Oo/1re~discarded~matefials-from-the4andfiH-and-
..."""u",.. waste diversion .... ,..I"\<n-!:'I .......
b. Debris from renovation, construction and demolition of buildings is a
significant portion of the waste material generated in Palo Alto, and much ofthis debris is
suitable for reuse and recycling.
c. It is preferable to salvage and recycle materials when feasible and
conserve landfill space for future disposal needs, and construction and demolition debris
recovery programs meet this need by reducing the amount of materials generated and
disposed of in landfills
d. The first priority for all demolition or renovation projects is to make
salvageable materials available for reuse prior to recycling in order to reduce the
embodied energy associated with using recycled materials to create new products.
e. The City's Climate Protection Plan (CPP), adopted by the City Council on
December 3,2007, identifies zero waste as an important approach to reducing greenhouse
gasses-generatedln-the-Palo-=.AIt6=community:-The-ePP-notes-that-buildrr;inmg~d:;:;';emmnoT1liHtin;on;:;::::::::-=-=-=-=-=-=-=-=-=-===
and construction materials accounts for almost 10,000 tons of debris sent to the Palo Alto
landfill annually. This accounts for approximately 34% of all debris sent to the landfill,
which is similar to the national average. The CPP specifically calls for a City diversion
rate of 75%, increased salvage for reuse of materials, and an increase in projects covered
under this ordinance.
f. The City's Green Building Ordinance adopted by the City Council on June
2, 2008, requires green building practices for commercial and residential projects, with
specific requirements, or point incentives for construction and demolition debris
diversion of up to 90%. Green buildings are more energy, water and resource efficient,
and improve occupants' health and well being.
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g. There are facilities both within the City and in nearby surrounding areas
that can effectively reuse, recycle or otherwise recover the constituent elements of the
materials generated by construction and demolition activity and thereby divert such
materials from landfill.
SECTION 2. Chapter 5.24 of the Palo Alto Municipal Code is hereby
amended to read as follows:
Chapter 5.24 REQUIREMENT TO DIVERT CONSTRUCTION AND
DEMOLITION DEBRIS FROM LANDFILL
Sections:
5.24.010 Definitions.
5.24.020 Covered projects.
5.24.030 Diversion requirem~nt.
----------~5J..~24~O~{l-Wai¥er~o£di_v:el"Sion-l"equi1"ement~. ------------------~
5.24.050 Approved facilities.
----~~---~5~24_:_000-Aaminisfrative fe-e-. ----------------------~
5.24.070 Waste management plan (WMP).
5.24.080 Compliance.
5.24.090 Violation.
5.24.100 Enforcement.
5.24.110 Severability.
5.24.120 Operative date.
5.24.010 Def'mitions.
For the purposes ofthis Chapter, terms defined in Chapter 5.20 shall have the
same meanings in this Chapter 5.24. In addition, the following words and phrases shall be
construed as defined in this section, unless the context indicates otherwise:
(1) "Applicant" means (a) Any individual, firm, limited liability company,
association, partnership, political subdivision, government agency, municipality,
======uinifdtuulS'stry, pUDli6-er-private-GerpeFatien,er-any-ether-ent1t-y-whatseever-whe-appl-ies-te-the=e ======
City for, or who is issued, the applicable permits to undertake a construction, remodeling,
or demolition project within the City, and (b) the owner ofthe real property that is subject
to the permit.
(2) "Approved facility" means a re-use, recycling, compo sting, or materials
recovery facility meeting the required diversion percentages set forth in this Chapter, for
which the compliance official has determined can accept diverted materials, has obtained
all applicable federal, state and local permits, and is in full compliance with all applicable
regulations for re-use, recycling, composting, and/or materials recovery.
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(3) "Compliance Official" means the Director of Planning and Community
Environment or his or her designated staff person(s) authorized and responsible for
implementing this Chapter.
(4) "Construction" means the building, rehabilitation, remodeling, renovation
or repair of any structure or any portion thereof including any tenant improvements to an
existing structure.
(5) "Construction and Demolition Debris" means 1) discarded materials
generally considered to be non-water soluble and non-hazardous in nature (as defined by
California Code of Regulations, Title 22 section 66261.3 et seq.), including but not
limited to metal, glass, brick, concrete, porcelain, ceramics, asphalt, 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, soil, trees, and other vegetative matter that normally results
------+r.fi:orrriand~clearing,Iandscaping_and~development-operati{)ns~for-a~constructionproject; ------
mmmmm",Gl Remnants of nt}wtlll!teria!s, including gut not limited to:~~4Qc:>~4,paper, plastic,
wood, glass and metal from any construction and/or landscape project.
(6) IIConversion factor/rate" means the rate set forth in the standardized
conversion rate table approved by the compliance official pursuant to this Chapter for use
in estimating the volume or weight of materials identified in a debris management plan.
(7) "Covered Project" means any construction, renovation or demolition
project for which a building or demolition permit is required that must comply with this
Chapter.
(8) "Deconstruction" means the careful and systematic dismantling of
buildings and structures in order to salvage materials for reuse.
(9) "Demolition" means the de constructing, razing, ruining, tearing down or
wrecking of any facility, structure, pavement or building, including but not limited to,
walls, fences, and sidewalks, whether in whole or in part, whether interior or exterior,
======;;;in~aUdlng vegetatton.
(10) "Divert" and "diversion" mean to use material for any lawful purpose
other than disposal in a landfill or transformation facility.
(11) "Diversion requirement" means the percentage of construction and
demolition debris generated from a covered project by salvage for reuse or recycling that
must be diverted from landfills, unless the Applicant has been granted a waiver by the
compliance official.
(12) "Inert solids" means asphalt, concrete, rock, stone, brick, sand, soil, and
fines.
090603 rob 8260999 3
(13) "Project valuation" means the dollar value of the project as calculated
under by the City's building permit valuation formulas.
(14) ,"Recycling" means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste, and returning them
to the economic mainstream in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace.
(15) "Renovation/remodeling" means any change, addition, or modification
in an existing structure.
(16) "Reuse" means further or repeated use of construction or demolition
debris, including sale or donation of items.
(17) "Salvage" means the controlled removal of construction or demolition
-----~debrisfmateria~fro~a~uilding,eon8tmetion,tlr-demolitionsite~for~he~pu.rpose~o?otrOr ------
off-site reuse, or storage for later reuse .. Examples include air conditioning and heating
systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters,
quoins, stair treads, trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling
fans, lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of
wood, marble, stone or tile, furnaces, plate glass, wall mirrors, door knobs, door brackets,
door hinges, marble, iron work, metal balconies, structural steel, plumbing fixtures,
refrigerators, rock, roofing materials, siding materials, sinks, stairs, stone, stoves, toilets,
windows, wood fencing, lumber and plywood.
(18) "Transformation facility" means a facility whose function is to convert,
combust, or otherwise process solid waste by incineration, pyrolysis, destructive
distillation, or gasification, or to chemically or biologically process solid waste, for the
purpose of volume reduction, synthetic fuel production, or energy recovery. A
composting facility is not a transformation facility.
(19) "Waste management plan" means a completed waste management plan
(WMP) form, approved by the City for the purpose of compliance with this Chapter,
======;su~ biiiitted~byihtf-applicanrforany-covered project.
5.24.020 Covered projects.
The following project categories are covered projects and must comply with
this Chapter:
(a) Any project requiring a permit for demolition,
(b) Any project requiring a permit for new construction, and
(c) Any project requiring a permit for renovation or addition to an existing
structure with a project valuation of $25,000.00 or more.
090603 rob 8260999 4
(d) Any projects that do not fall in (a), (b), or (c) are encouraged, but not
required, to divert construction and/or demolition debris from the landfill.
5.24.030 Diversion requirement.
(a) Except as provided in Section 5.24.070, every applicant for a covered
project, shall make salvageable materials from any covered project available for reuse.
(b) Except as provided in Section 5.24.070, every applicant for a covered
project must send 100% of all construction and demolition debris that are not salvaged
for reuse (5.24.040 (a.)) to an approved facility for recycling.
5.24.040 Waiver of diversion requirement.
(1rrExcep~---m-secti011Y,24-:-(Jf~licanrfor a covered
demolition or renovation I>IQject shall consider the 12ractice of deconstruction. The
applicant shall assess the salvageable materials from the project and maximize their
availability for reuse. This may include the sale or donation of items.
(b) The compliance official may waive any or all requirements of this
Chapter in whole or in part where immediate or emergency demolition is required to
protect the public health, safety, or welfare, as determined by the chief building official,
or on the ground of impracticability or impossibility, including but not limited to, where
the scope ofthe covered project is unusual (i.e. large mechanical equipment installation),
a significant amount of the debris is considered hazardous, and/or the amount of reusable
material or recyclable debris is negligible. Such waiver shall be made in writing. The
compliance official shall determine, in writing, whether any salvage for reuse or
recycling requirement shall be waived in whole or in part on grounds of impracticability
or impossibility.
(c) Justification for Waiver of Salvage Requirement. In the event that
salvage for reuse of all or some materials is impossible or impracticable, the applicant
snaIl suomlt wnUen Justt:fication wiiliin tile Waste Management Plan statmg tile reasons
salvage for reuse should not be required.
(d) Justification for Waiver of Diversion Requirement. In the event that
diversion of all or some materials is impossible or impracticable, the applicant shall
submit written justification within the Waste Management Plan stating the reasons
diversion should not be required.
5.24.050 Approved facilities.
(a) The city shall make available to each applicant a current list of approved
facilities.
090603 mb 8260999 5
(b) A facility not on the approved facilities list may apply to be listed by
submitting the name and address of the person who owns the facility, the name and
address of the person who operates the facility, a statement that the owner or operator has
all permits, authorizations or licenses required by any local, state or federal agency to
operate the facility, and all necessary insurance, and a description from the facility of the
debris accepted for reuse, recycling, composting, biomass conversion, and/or Alternative
Daily Cover (ADC) for landfills, and overall facility recovery rates for the previous year
by material type.
(c) To be approved, a facility must have an overall minimum recovery rate
for inert solids of 90 percent, and an overall minimum recovery rate of75 percent for all
other construction and demolition debris. The recovery rate may include materials used
as ADC (Alternative Daily Cover for Landfills) or bio-mass conversion, provided that the
facility can demonstrate that the use as ADC or bio-mass conversion is the highest and
best use. The recovery rate will be determined by the total quantity of materials delivered
--------it"t"\'o-".··established~ecyclin!rand-compostin~kets-divided_bythe~a1~quantityreceived~by
~~~~_ .Jh~!~g~~t~ed faci1ity~ Highe§t and b~~t use fOLADC. does .not include ADe uwhich is
generated by intentional crushing or grinding of construction and demolition debris that
has not been processed to remove wood, metal, wallboard, glass and other materials for
which markets or uses other than ADC are available. It also does not include ADC use
for recovered unpainted or untreated wood, unpainted or untreated drywall, metal,
landscape debris, asphalt, concrete or other materials that have adequate markets.
Highest and best use of bio-mass conversion does not include materials that have reuse,
compo sting or other recycling markets unless the facility can demonstrate that these
markets are not an adequate or feasible alternative to the bio-mass conversion market.
(d) All approved facilities must:
(1) Maintain minimum overall recovery rates as listed under 5.24.060 (c).
(2) Submit an annual report outlining the recovery rate, recovery type
(reuse, recycling markets, biomass conversion, composting or ADC) by material type.
========= ...... = ........ = ........ =m,(3j-Imptement-andllIRintairra rnrzardous-wastctrnrdclrecking program.
(4) Issue a uniquely numbered receipt to transporter of each truckload of
incoming materials received including quantity of materials, name of facility and facility
recovery rate.
(5) Allow for on-site visits to verify application and report information.
(6) Notify the City within 30 days of any change in registration or
application information.
090603 mb 8260999 6
(7) Notify the City within 24 hours of the time a permit, authorization or
license required by local, state or federal agency to operate the facility expires, or is
revoked or suspended.
(e) The compliance official may approve facilities equivalent in spirit and
stringency to the requirements of this Chapter that have been listed on another City,
County or State reuse and recovery list.
5.24.060 Administrative fee.
Each applicant shall pay to the city an application fee as set forth in the
municipal fee schedule.
5.24.070 Waste management plan (WMP).
(a) Waste Management Plan (WMprReqUlrements.
(1) Before issuance of a demolition or building permit, or any similar
permit for any covered project, the applicant shall submit a completed WMP to the
compliance official for review and approval.
(2) The completed WMP shall indicate the following for the covered
project:
(i) The estimated total volume or weight of construction and
demolition debris generated by the project;
(ii) The volume or weight of such materials that can be recycled,
by material type;
(iii) For demolition andlor renovation projects, an assessment of
salvageable materials that can be made available for reuse by volume or weight, and by
material or product type.
(iv) Approved facilities to which the materials will be hauled for
reuse or recycling;
(b) Estimating Volume and Weight of Debris. In estimating the weight of
materials identified in the WMP, the applicant shall use the conversion rates approved by
the compliance official or estimate the weight by performing an on-site evaluation for
this purpose.
(c) Describing Means of Diversion. In describing the means of diversion of
construction and demolition debris, the applicant shall state the quantity and means to be
used for salvage for reuse, and the approved facility that will be used, by material type,
for the recycling of the remainder of the debris.
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(d) Amendments to the WMP. If the applicant wishes to change the
approved WMP prior to final inspection, the applicant shall submit amendments to the
WMP for written approval by the compliance official.
(e) The compliance official shall approve the WMP or an amendment to a
WMP if it meets the requirements of this Chapter. Notwithstanding any other provision
of this code, no permit shall be issued for any covered project unless the compliance
official has approved the WMP as complete and accurate.
(f) If the compliance official declines to approve the WMP or amendment,
he or she shall document in writing the basis of the denial.
5.24.080 Compliance.
(a}mTb:e compliance official may inspect and monitor all covered projects-to
____ ~----'d~e"""t""'et""'ll""'li""n""'e_"c""'o"""'mpliance with the provisions of thischaJ.2=ter~. ______ _
(b) During the term of the permit for a covered project, the applicant shall
dispose of debris in compliance with the approved WMP, and keep records, including
original receipts, of the tonnage or other measurements approved by the City that can be
converted to tonnage amounts. The records must be from an approved facility and the
project address or permit number must be placed on the records by the approved facility.
(c) The applicant for any covered project shall ensure that all debris recycled
or salvaged for reuse is measured and recorded using the most accurate method of
measurement available. To the extent practical, all construction and demolition debris
shall be weighed by measurement on scales that are in compliance with all regulatory
requirements for accuracy and maintenance. For construction and demolition debris for
which weighing is not practical due to small size or other considerations, a volumetric
measurement shall be used. For conversion of volumetric measurements to weight, the
applicant shall use the conversion rates provided by the compliance official for this
(d) Final Inspection. No more than thirty days after the completion of all
diversion identified in the WMP for the covered project as required by this Chapter, the
applicant shall submit the documentation described in section 5.24.080(e) to the
compliance official demonstrating compliance with the requirements of this chapter.
(e) The applicant shall provide the following documentation, which the
compliance official shall review to determine whether the applicant has met the diversion
and salvage requirements of this chapter in whole or in part:
(1) A revised WMP showing actual debris tonnage diverted;
090603 mb 8260999 8
(2) Original receipts and weight tags or other records of measurement
from the approved facility, which document the address of the project or project permit
number and documentation of how the material was processed. Photocopies will be
accepted if the permit number andlor project address is recorded on the receipts provided
by an approved facility;
(3) Weight tags or count of material salvaged or reused offsite or in
current covered project.
(f) If the compliance official determines that the applicant has not met the
diversion and salvage requirements of this chapter, the compliance official shall notify
the applicant in writing of his or her determination.
(g) If the applicant fails to provide the documentation required by this
chapter, the compliance official shall find that the diversion and salvage requirements of
-----------.tl1is cnapter nave not been met.
5.24.090 Violation.
(a) It is the responsibility of the compliance official to determine if a
violation has occurred and the responsibility of a code enforcement officer to enforce the
provisions of this Chapter.
(b) An applicant has violated the provisions of this Chapter and is subject to
enforcement action if:
(1) The applicant failed to meet the diversion requirements of this
Chapter for any covered project, in which case each ton of material identified in the
WMP for diversion that an applicant fails to divert shall constitute a separate violation; or
(2) The applicant failed to comply with any provision of this Chapter; or
(3) The applicant provided false or misleading information in any plan,
report or document requiredDy miS Cliapter.
5.24.100 Enforcement.
Violation of any provision of this Chapter may be enforced as follows:
(a) By criminal prosecution pursuant to Chapter 1.08;
(b) By abatement pursuant to Chapter 1.08;
(c) By administrative penalties pursuant to Chapters 1.12 and 1.16;
090603 mb 8260999 9
(d) By civil action, including an action of injunctive relief. In any civil
enforcement action the city shall be entitled to recover its attorneys' fees and costs from a
person who is detennined by a court of competent jurisdiction to have violated any
provision of this Chapter.
5.24.110 Severability.
If any provision or clause of this chapter is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions of this chapter, and clauses ofthis chapter are declared to be severable.
5.24.120 Operative date.
For projects having a valuation of $75,000 or more, this chapter shall be
operative on the effective date of the ordinance. For projects having a valuation of
-----------'li$25-;000-to---$74;999;-this~haptershaH-be-operative-on-January_1-;--20t6;-however;-guclh-I------
_____ ~Qrojects are encouraged to voluntarily comply with the waste diversion regu=l=·re=m=en=t=-s--=o~f ______ _
this chapter prior to January 1, 2010.
SECTION 3. The Council finds that the this ordinance is exempt from
California Environmental Quality Act review pursuant to CEQA Guidelines section
15308 as an action taken by a regulatory agency for protection of the environment.
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090603 mb 8260999 10
SECTION 4. This ordinance· shall become effective upon the
commencement of the thirty-first day after the date of its adoption.
INTRODUCED: JUNE 1,2009
PASSED: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN,
MORTON, SCHMID, YEH
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
f~-\J~
Mayor
Senior Deputy . . Attome~
~lk\~~
Director of Planning and
Community Environment
090603 mb 8260999 11