HomeMy WebLinkAbout2004-06-14 Ordinance 4830ORDINANCE NO. 4830
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ADDING CHAPTER 5.24 [REQUIREMENT TO DIVERT
CONSTRUCTION AND DEMOLITION WASTE FROM LANDFILL]
TO TITLE 5 [HEALTH AND SANITATION] OF THE PALO
ALTO MUNICIPAL CODE
SECTION 1. FINDINGS. The City Council of the City of
Palo Alto does ordain as follows:
(a) Under the California Waste Management Act of 1989
(California Public Resources Code sections 40050 et seq.), Palo
Alto must implement waste diversion programs, or face fines up
to $10,000 per day.
(b) Debris from construction and demolition of
buildings and tenant improvements is a significant portion of
)?he waste material generated in Palo Alto, and much of this
'qebris is suitable for reuse and recycling.
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(c) It is preferable to salvage and recycle materials
when feasible and conserve landfill space for future disposal
needs.
SECTION 2. Chapter 5.24 is hereby added to Title 5 -
Health and Sanitation, of the Palo Alto Municipal Code to read
as follows:
CHAPTER 5.24
REQUIREMENT '1'0 DIVERT CONSTRUCTION AND
DEMOLITION WASTE FROM LANDFILL
Sections:
5.24.010
5.24.020
5.24.030
5.24.040
5.24.050
5.24.060
5.24.070
5.24.080
5.24.090
5.24.100
5.24.110
5.24.120
5.24.130
0IW712 syn 8250017
Definitions.
Covered Construction and Demolition
Projects.
Waste Diversion.
Salvage.
Approved Facilities.
Administrative Fee.
Debris Management Plan Submission.
Debris Management Plan Review.
Inspection.
Compliance Documentation.
Compliance Review.
Violation.
Enforcement.
1
5.24.010 Definitions.
For the purposes of this Chapter,
Chapter 5.20 shall have the same meanings in
In addition, the following words and phrases
as defined in this section, unless the
otherwise:
terms defined in
this Chapter 5.24.
shall be construed
context indicates
(1) "Applicant" means (a) any person to whom a building
or demolition permit or any similar permit for a Covered Project
is issued, and (b) the owner of the real property that is
subject to the permit .
. (2) "Approved Facility" means a re-use, recycling,
composting, or materials recovery facility meeting the required
diversion percentages set forth in this chapter which the
Director 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.
(3) "Construction" means the building of any structure
or any portion thereof including any improvements to an existing
structure.
(4) "Conversion Rate"
standardized Conversion Rate
pursuant to this Chapter for
weight of materials identified
means the rate set forth in the
Table approved by the Director
use in estimating the volume or
in a Debris Management Plan.
(5) "Debris Management Plan" means a form created by
the Director and completed by the Applicant for the purpose of
compliance with this Chapter.
(6) "Demolition" means the deconstructing, razing,
ruining, tearing down or wrecking of any facility, structure,
pavement or building, whether in whole or in part, whether
interior or exterior, including vegetation.
(7) \\Divert" and \\Diversion" mean
any lawful purpose other than disposal
Transformation Facility.
to use material for
in a landfill or
(8) " Inert Solids" means asphalt,
stone, brick, sand, soil, and fines.
concrete, rock,
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040712 syn 8250017
(9) "Project" means any activity which requires a
building or demolition permit or any similar permit from the
City.
(10) "Project Valuation" means the dollar value of the
project as calculated under by the City's building permit
valuation formulas.
(11) "Reuse" means further or repeated use.
(12) "Salvageable materials" means 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.
(13) "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.
5.24.020 Covered Construction and Demolition Projects.
The following projects categories are Covered Projects
and must comply with this Chapter:
(a) Any project requiring a permit for demolition and
(b) Any project with a Project Valuation of Seventy Five
Thousand Dollars ($75,000) or more.
5.24.030 Waste Diversion.
(a) Except as provided in Section 5.24.070, every
Applicant for a Covered Project, shall divert at least ninety
percent (90%) of Inert Solids and at least fifty percent (50%)
of the remaining project-related Construction and Demolition
Waste to an Approved Facility or by salvage.
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040712 syn 8250017
(b) The Director may waive any or all requirements of
this Chapter where immediate or emergency demolition is required
to protect the public health, safety, or welfare, as determined
by the chief building official. Such waiver shall be made in
writing.
5.24.040 Salvage.
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.
5.24.050 Approved Facilities.
The City shall make available to each Applicant a
current list of Approved Facilities.
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 Debris Management Plan Submission.
(a) Debris Management Plan Requirements.
(1) Before issuance of a demolition or building permit
or any similar permit for any Covered Proj ect I the Applicant
shall submit a Debris Management Plan to the Director for
review.
(2) The Debris Management Plan shall indicate the
following for the Covered Project:
(A) The estimated total volume or weight of
Construction and Demolition Waste generated by the projecti
(B) The means that the Applicant proposes to use to
divert Construction and Demolition Wastei
(b) Estimating Volume and Weight of Debris. In
estimating the weight of materials identified in the Debris
Management Plan, the Applicant shall use the Conversion Rates
approved by the Director for this purpose.
(c) Describing Means of Diversion. In describing the
means of diversion of Construction and Demolition Waste other
than salvage, the Applicant shall state the Approved Facility
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040712 syn 8250017
that will be used, by material type. The Director shall approve
as an Approved Facility a facility for diversion that meets the
requirements of this chapter. In describing the means of
diversion of Construction and Demolition Waste proposed for
salvage, the Applicant shall state the quantity and means of
reuse.
(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 with the Debris Management Plan stating the
reasons diversion should not be required.
(e) Justification for Waiver of Salvage Requirement.
In the event that salvage of all or some materials is impossible
or impracticable, the Applicant shall submit written
justification with the Debris Management Plan stating the
reasons salvage should not be required.
(f) Amendments to Debris Management Plan. If the
Applicant wishes to change the approved Debris Management Plan
prior to final building inspection, the Applicant shall submit
amendments to the Debris Management Plan for written approval by
the Director.
5.24.080 Debris Management Plan Review.
(a) The Director shall determine, in writing, whether
any diversion or salvage requirement shall be waived in whole or
in parton grounds of impracticability or impossibility.
(b) The Director shall approve a Debris Management Plan
or an amendment to a Debris Management Plan if it meets the
requirements of this Chapter.
(c) Notwithstanding any other provision of this Code,
no permit shall be issued for any Covered Construction and
Demoli tion Waste Proj ect unless the Director has approved the
Debris Management Plan.
(d) If the Director declines to approve the Debris
Management Plan, he or she shall document in writing the basis
of the denial.
5
040712 syn 8250017
5.24.090 Inspection.
The Director may inspect and monitor all Covered
Projects to determine compliance with the diversion and salvage
provisions of this Chapter.
5.24.100 Compliance Documentation.
(a) Prior to the time of final building inspection
approval for any Covered Construction and Demolition Waste
Project, and no more than thirty days of the completion of all
diversion for the Covered Construction and Demolition Waste
Project as required by this Chapter, the Applicant shall submit
documentation to the Director demonstrating compliance with the
requirements of this Chapter.
(b) The Applicant for any Covered Project shall ensure
that all Construction and Demolition Waste diverted material is
measured and recorded using the most accurate method of
measurement available. To the extent practical, all
Construction and Demolition Waste shall be weighed by
measurement on scales that are in compliance with all regulatory
requirements for accuracy and maintenance. For Construction and
Demolition Waste 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 Director for this purpose.
5.24.110 Compliance Review.
(a) The Director shall review the documentation
provided by the Applicant to determine whether the Applicant has
met the diversion and salvage requirements of this Chapter in
whole, or in part. In reviewing whether the Applicant has met
the diversion requirements, the Director may consider any
relevant information, including:
(1) The Applicant's statement of the actual weight of
each diverted material, and Approved Facility that collected or
received the material;
(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 would be processed;
6
040712 syn 8250017
(3) Weight tags or count of material salvaged or reused
offsite or in current Covered Construction and Demolition Waste
Project.
(b) If the Director determines that the Applicant has
not met the diversion and salvage requirements of this Chapter
at the time of the final building inspection approval for the
Covered Project, the Director shall notify the Applicant in
writing of his or her determination.
(c) If the Applicant has failed to provide the
documentation required by this Chapter, the Director shall find
that the diversion and salvage requirements of this Chapter have
not been met.
5.24.120 Violation.
An Applicant has violated the prOV1S1ons of this Chapter
and is subject to enforcement action if:
(a) The Applicant willfully failed to meet the
diversion requirements of this Chapter for any Covered Project;
or
(b) The Applicant willfully failed to comply with any
provision of this Chapteri or
(c) The Applicant willfully provided false or
misleading information in any plan, report or document required
by this Chapter.
5.24.130 Enforcement.
Violation of any provision of this Chapter may be
enforced as follows:
(a) By criminal prosecution pursuant to Chapter 1.08i
(b) By abatement pursuant to Chapter 1.08i
(c) By administrative penalties pursuant to Chapters
1.12 and 1.16i
(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 determined by a court of competent jurisdiction to have
violated any provision of this Chapter.
7
040712 syn 8250017
'r.
SECTION 3. The Council finds that this ordinance is
categorically exempt from the California Environmental Quality
Act, pursuant to Section 15308 of the CEQA Guidelines, as a
regulatory action taken to protect the environment. The Council
further finds that there are no unusual circumstances that might
create a reasonable probability that the project would have any
significant environmental effects.
SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: May 17, 2004
PASSED: June 14, 2004
AYES: BEECHAM, BURCH, CORDELL, FREEMAN, KISHIMOTO, KLEINBERG,
MORTON, MOSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
$~ OA/y'L'i}'
City Clerk Mayor
APPROVED AS TO FORM:
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Asst.City ttorney
Services
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040712 syn 8250017