HomeMy WebLinkAbout2004-03-30 City CouncilCity of Palo Alto
City Manager’s Report
TO:
ATTN:
CITY COUNCIL
POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
MARCH 30, 2004 CMR: 166:04
REQUEST FOR APPROVAL OF A CONSTRUCTION AND
DEMOLITION DEBRIS REUSE AND RECYCLING ORDINANCE
REPORT IN BRIEF
Debris from construction and demolition activities in Palo Alto represents a significant
volume of material going to landfills. Staff has prepared a Construction and Demolition
(C&D) Debris Reuse and Recycling Ordinance which requires a minimum 90 percent of
inert solids (e.g. concrete, asphalt, and rock) and a minimum 50 percent of the remaining
debris generated from C&D projects, be diverted from landfilling through reuse and/or
recycling. This ordinance would require covered projects to plan, record and demonstrate
that waste diversion measures were practiced using reuse and!or recycling activities.
Covered projects are defined as those requiring a demolition permit or building permit
and whose project value is greater than or equal to $75,000. This will affect
approximately 500 permits currently issued each year.
CMR:166:04 Page 1 of 14
RECOMMENDATION
Staff requests that the Policy and Services Committee recommend to Council approval of
the-Construction and Demolition (C&D) Debris Reuse and Recycling Ordinance
(Attachment A).
BACKGROUND
C&D debris is waste material that is produced in the process of construction, renovation,
or demolition of structures. Components of C&D debris typically include concrete,
asphalt, wood, metals, gypsum wallboard, roofing material, glass, carpet, bricks, land
clearing debris (e.g. trees, stumps and vegetation), rocks and dirt. Cardboard and plastics
(e.g. shrink-wrap) are also generated at construction sites as a result of packaging from
products utilized in the final stages of construction.
Based on a 1997 Palo Alto waste composition study, City staff estimated that the Palo
Alto community generates approximately 20,000 tons of C&D related waste annually.
This is approximately 25 percent of the total waste stream being disposed today in Palo
Alto. If the community diverts one-half of the C&D debris generated, it could salvage
for reuse or recycle an additional 10,000 tons annually, potentially increasing the City’s
waste diversion number by 6.6 percentage points (from the 55 percentage level reported
to the state for 2002).
The California Integrated Waste Management Act of 1989 requires every city to submit
an annual report summarizing its progress in diverting solid waste from disposal. The
report is required to include, among other things, specific information relevant to
compliance with the solid waste diversion requirements. More recently, the California
Legislature felt that waste diversion programs for C&D debris was significant enough to
require additional reporting responsibilities in this area through Senate Bill 1374,
chaptered into law September 2002. Senate Bill 1374 requires annual reporting to
include a summary of progress made in the diversion of C&D waste materials, including
information on programs and ordinances implemented and quantitative data, where
available. If a city falls below the annual State waste diversion requirement of 50
percent, the City will be required to adopt a C&D ordinance or be subject to fines up to
and including $10,000 per day. Senate Bill 1374 also required the California Integrated
Waste Management Board to create a model ordinance as a tool to assist California cities
and counties in their efforts to divert this significant part of their waste stream.
The City landfill currently separates asphalt, concrete, bricks and aggregate base
materials brought in by City crews, contractors and self-haul customers for the purpose of
reuse and recycling. These materials are used to construct landfill roads and the pad for
the public to dump. Excess material is stockpiled and later sent to a local recycler.
On July 1, 2003 the landfill entrance fees were changed to deter self-haul vehicles from
disposing of inert materials at the City landfill. Residential rates for asphalt, concrete and
rock materials were increased by 108 percent and limited to a maximum of two cubic
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yards per load for both residential and commercial customers. While inert material
disposal has decreased at the City landfill due to the fee increase, customers are now
transporting this waste to corporate-owned landfills outside the City where landfill
disposal fees are lower.
On July 1, 2003, Public Works, in conjunction with the Palo Alto Sanitation Company
(PASCO) started a program where four debris boxes per day that were "rich" in
recyclable C&D materials were redirected from the Palo Alto landfill to the Guadalupe
C&D Processing Facility in San Jose. This facility recovers wood, dirt, landscape
material, concrete, asphalt, rock, cardboard and metal. In fiscal year 2003-04,
approximately 4,000 tons will have been sent to this facility, and 90 percent of this waste
will have been reused and recycled.
Since the April 21, 2003 staff report on the C&D Ordinance progress (CMR: 235:03),
staff has worked on the following:
1)Met with businesses (Chamber of Commerce, contractors, recyclers and salvage
companies) and solid waste industry professionals to learn how to minimize impacts
on the applicants and maximize C&D debris diversion.
2)Worked with various City departments (Administrative Services, City Attorney’s
Office, City Auditor, Planning and Community Environment, and Public Works) to
minimize the impact of the C&D ordinance on each department’s operations.
3)Met with the City Auditor for guidance in streamlining administration of the
ordinance to avoid delays in permit processing. Ordinance administration will be
integrated into the existing permit process at the Development Center and will not
require any additional wait time.
4)Worked with PASCO to set up a C&D debris box service that will recycle 90 percent
of C&D debris collected. There will no difference in cost to the customer for
choosing recycling over disposal.
5)Reviewed approximately thirty C&D ordinances from other jurisdictions and spoke
with C&D debris program administrators on the administration of, and their successes
and failures in implementing C&D ordinances.
6)Spoke with or conducted site visits to more than a dozen Bay Area C&D debris reuse
and recycling facilities to evaluate the capability of local facilities to meet the
diversion requirements set forth in the ordinance and issue weight tags and receipts in
a format consistent with the documentation submission requirements of the ordinance.
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7)Reviewed a model C&D debris ordinance, drafted by the California Integrated Waste
Management Board, to evaluate elements of that ordinance for possible incorporation
into the City of Palo Alto ordinance.
Issues raised during these reviews, discussions and observations include costs (staffing,
education and outreach materials, administration fees, C&D debris processing cost,
penalties for noncompliance); minimizing impacts to the current permit application
process; education of homeowners, contractors, architects and developers; establishing
criteria for exceptions to the ordinance; establishing a mechanism for penalizing only the
violators of the ordinance; alternatives; and reaching landfill diversion goals. ¯
DISCUSSION
The Public Works Department, in partnership with the City Attorney’s Office and the
Planning and Community Environment Department, has created a plan to reduce the
debris generated from construction and demolition projects within the Palo Alto
community and to comply with state law. As part of this program, staff has prepared a
C&D debris ordinance that requires a minimum of 90 percent of inert solids and a
minimum of 50 percent of the remaining waste generated from C&D projects be diverted
from landfilling for reuse and/or recycling.
This ordinance would require covered projects to plan, record and demonstrate that waste
diversion measures are practiced. Covered projects are defined as those requiring a
demolition permit or building permit and whose project value is greater than or equal to
$75,000.
Applicant Requirements
The applicant for a covered project would be required to pay an administrative fee. This
administrative fee would be implemented for cost recovery purposes associated with the
implementation of the program created to accompany the C&D Debris Ordinance. The
applicant would be required to submit a Debris Management Plan to the Development
Center prior to receiving a demolition or building permit. The Debris Management Plan
will require the applicant to demonstrate the intention to meet the diversion requirements
of the ordinance by providing estimates of tonnages and/or volume of C&D debris
created by the project.
During the project, the applicant must ensure that all construction and demolition debris
is processed .at one of the City’s approved reuse and recycling facilities. For all
demolition and remodels/renovations/additions, the applicant is required to make efforts
to salvage for reuse prior to recycling. Applicants must also ensure that the amounts of
materials reused and recycled are measured using the most accurate method of
measurement available and keep records of these activities. Prior to the final building
inspection, at which time the majority of reuse and recycling activities have been
completed for the project, the applicant must submit documentation, in the form of
his/her previously submitted Debris Management Plan, listing a summary of the actual
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quantity of C&D debris reused and recycled, along with receipts and weight tags issued
by the City-approved facility accepting the C&D debris for reuse or recycling.
The City will review the documentation submitted for compliance with the diversion
requirements of the ordinance. The ordinance will be enforced through criminal
prosecution, abatement, administrative penalties and/or civil action per the code
enforcement procedures established by the office of the City Attorney.
Administration
The Planning and Community Environment Department will be responsible for the
implementation of the ordinance, including review, inspection and verification of the
Debris Management Plans and fee collection. The City will require a $200
administration fee for each covered project from each applicant, in order to recover
processing expenses. This fee will be added to the Municipal Fee Schedule and be
reviewed and adjusted annually. It is estimated that approximately 500 permits will be
processed annually and that one full time employee (FTE) will be needed to administer
the C&D Debris Ordinance and program. This FTE will be located at the Development
Center.
The Debris Management Plan submission will be combined with the current
Development Center application process. An educational brochure explaining the C&D
Debris Ordinance and program, a City-approved reuse and recycling facility listing, C&D
materials conversion factors for estimating project debris, Debris Management Plan
forms and a form acknowledging the applicant’s requirement to comply with the
ordinance will be given to each applicant.
The City will estimate the tonnage of C&D debris to be generated by the project for the
applicant. The debris generation rate for the specific type of project, multiplied by the
square footage of the project will be used to estimate the total C&D debris generated.
The formula used to estimate the C&D debris generated by a project was established by
the US Environmental Protection Agency, based on case studies conducted with the
National Association of Home Builders, among others. If the applicant disagrees with
the City-derived C&D debris generation number he/she can: 1) provide additional and
specific information pertaining to each C&D material on the Debris Management Plan
form supporting a revised generation number; or 2) apply for a waiver allowing the
project an exception, in whole or in part, from the diversion requirements of the C&D
Debris Ordinance. Submittal of the Debris Management Plan by the applicant could be
completed in as little as 15 minutes and can be completed early on in the permit
application process (example: at the time of plan check submission), causing no delay in
the permit process. Delays in permit issuance could be caused from an applicant’s failure
to submit a Debris Management Plan, request for a revised C&D debris generation
number, applying for a waiver of the diversion requirements of the ordinance, and for not
supplying proper justification for waivers. All of the above mentioned possible delays
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could be avoided if the applicant completes the Debris Management Plan requirement
early in the permit process that takes place at the Development Center.
Applicants will be required to collect and submit to the City documentation of how the
C&D debris from the project was managed. Documentation includes original receipts,
weight tags or other records of measurement issued by the C&D debris reuse or recycling
facility that accepted the material.
In general, most of the C&D debris generated by construction or demolition projects is
managed throughout the duration of the project and prior to the finishing stages of the
project. Applicants will be encouraged and have the capability to submit the required
form and documentation in advance of the final Building Department inspection.
After the majority of the C&D debris diversion has been completed for the covered
project and prior to final Building Department inspection, the applicant is required to
return the Debris Management Plan form to the Development Center, completing the
portion of the form designated for listing the actual tonnage or volume of C&D debris
reused and recycled from the covered project. This form should be accompanied by
documentation of how the C&D debris from the covered project was managed. The
applicant should keep a copy for their records. The review of the submitted form and
documentation is estimated to take approximately one hour of staff time, depending on
the size and complexity of the project, the thoroughness of the completed Debris
Management Plan form and documentation, the evaluation by staff related to the meeting
of the diversion requirements and the organization of the documentation submitted.
Within two business days of submitting the required form and documentation, the
applicant will be notified by phone or email if he/she has met the diversion requirements
of the C&D debris ordinance. If an applicant fails to submit supporting documentation,
submits an incomplete Debris Management Plan form or fails to meet the diversion
requirements of the ordinance, additional delays to the review process may occur while
City staff work with the applicant to gain information allowing for a complete review.
The applicant will be notified in writing of this determination. The applicant will be
requested to work with the City to provide the necessary documentation and information
to demonstrate compliance with the C&D Debris Ordinance. If the applicant fails to
respond or comply with the request, or if is determined the C&D Debris Ordinance has
been violated, penalties and fines will be levied upon the applicant.
PASCO’s New C & D Debris Box Service
This service will allow customers doing business within the City to order C&D debris
boxes to collect C&D debris for the purposes of recycling. This new service will allow
the customer to order the same debris box sizes (7, 15, 20, and 30 cubic yards), with the
addition of a larger 40 cubic yard box. The 7 cubic yard C&D debris box will be
available for the collection of inert materials only, due to weight restrictions, while the
remaining C&D debris box sizes will be made available to collect mixed or source-
separated (e.g. wood only or metal only) loads of C&D debris. PASCO will differentiate
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the C&D debris box from the refuse debris boxes with unique signage installed on the
container identifying it as a C&D debris box. The price of the C&D debris box service
willbe $125 more than regular refuse debris boxes; however, if the C&D debris placed in
the box does not exceed 10 percent contamination (determined by the processing
facility), the applicant will receive a credit!refund of $125, thus causing no increase in
cost to the customer to recycle C&D debris. For customers with a City refuse account,
the $125 fee will only appear on the utility bill if the C&D debris box is rejected by the
C&D debris processing facility, which necessitates additional transportation and
processing costs associated with disposal. Because it is known immediately if the C&D
debris box has been rejected by the C&D debris processing facility, there will be no delay
in the credit issued to customers with a City refuse account. For customers on a C.O.D.
basis or billed directly by PASCO, an alternate system to issue a credit after the C&D
debris box has been accepted by the facility has been established.
To assist in the documentation requirement of the C&D program, PASCO will issue a
receipt of recycling to the customer indicating the C&D materials were recycled. For
C&D debris box loads rejected by the C&D processing facility, no receipt of recycling
will be issued. PASCO will be directed by the Public Works staff to C&D processing
facilities able to meet the diversion requirements of the C&D Debris Ordinance. Initially,
the City plans to use the Zanker Materials Processing Facility, which utilizes both a
mechanized and hand-recovery system to recover mixed and source-separated C&D
debris for recycling. The inert solid materials that are collected in seven cubic yard
debris boxes will be directed to recyclers/processors located closer to Palo Alto who
specialize in inert material recycling, to reduce program cost.
PASCO, with current staffing levels, has estimated that it could divert a minimum of six
C&D debris boxes per day, five days a week. This would divert a minimum of 5,265
tons of C&D debris materials from disposal, to reuse and recycling facilities.
Minimizing Impact on Applicants
Staff met with solid waste industry professionals, businesses (Chamber of Commerce,
contractors, recyclers and salvage companies), residents and various departments and
developed the following ways to streamline the administration of the ordinance in order
to minimize impacts on applicants.
A penalty-based system was established instead of a deposit-based system as a tool of
enforcement. A deposit-based system requires the permit applicant to pay a deposit
based on either the square footage or the estimated tonnage of C&D debris to be
generated by a project. Depending on the size and type of project, deposits typically
range from a few hundred to several thousand dollars. This deposit-based approach has
been used by many jurisdictions implementing ordinances to deter noncompliance. The
proposed penalty-based system saves each applicant from providing a deposit that would
be held until project completion. The penalty-based system also eliminates
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administrative processing to accept deposits at the Development Center and to process
refund requests at the completion of the permit applicant’s project.
One Full Time Employee (FTE) will be added at the Development Center to educate,
assist, and communicate with each applicant, as well as, review Debris Management
Plans and supporting documentation specifically for the purpose of ensuring compliance
with the requirements of the C&D Debris Ordinance. An administrative fee collected at
the Development Center, applying only to projects covered by the ordinance, will fund
the cost of the FTE.
Administration of the C&D Debris Ordinance has been integrated into the permit process
at the Development Center. Prior to permit issuance, a Debris Management Plan is
required for projects covered by the ordinance. Under the current process at the
Development Center there is ample time to complete a Debris Management Plan resulting
in no delay of permit issuance, if the Debris Management Plan is completed at the time of
the initial permit application. Currently, prior to the issuance of a demolition permit, the
utilities must be physically removed from the structure, requiring a period of up to 10
days for Utilities Operations to perform this function. Also, new construction, remodels,
and additions covered by the C&D debris ordinance will likely require time for Planning
Department Review prior to permit issuance. In both the above cases, there is
opportunity for the applicant to complete a Debris Management Plan without any delay in
permit issuance.
As a streamlining measure the City will estimate the amount of debris generated by the
project for the applicant, based on debris generation rates established from case studies
conducted by the Environmental Protection Agency (EPA) and the National Association
of Home Builders (NAHB). This City-calculated C&D debris generation estimate saves
time for the applicant of having to perform calculations and eliminates confusion of
which generation rate to use.
Staff proposes to eliminate the impact of a required waiting or public notification period
for salvage. Many items or materials can be salvaged for reuse prior to demolition or
remodeling (salvage is the process of selectively and carefully removing those items or
materials from a structure). The ordinance states that efforts to salvage must be made;
however, unlike ordinances adopted by other jurisdictions, there is no waiting period for
salvage to take place before permit issuance or requirement the applicant post a public
notice making salvageable materials available to the public prior to permit issuance. This
element of the ordinance is an effort to eliminate delays in permit issuance. It also
illustrates the level of confidence the City has in applicants, by allowing an opportunity
to illustrate commitment to salvage for reuse by not mandating a waiting period.
The planning and reporting requirements of the ordinance were designed to parallel
current industry practices of managing C&D debris from the project site and tracking the
debris via weight tags and receipts. Under current industry practice, each time C&D
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debris is taken to a disposal facility, a weight tag or receipt is generated by the facility
accepting the material and is issued to the person delivering the debris. This receipt or
weight tag documents the type of debris, its origin, designates that it was accepted for
disposal, and the weight or volume of the load. Reuse and recycling facilities on the city-
approved list issue receipts documenting the same information as those of disposal
facilities, indicating the debris was accepted for reuse or recycling, therefore the facility
documentation available to applicants is consistent.
Applicants are allowed to submit, prior to final building inspection, documentation
(weight tags and receipts issued by the facility accepting C&D debris) indicating proof of
meeting the diversion requirements of the ordinance. For new construction and additions,
the majority of the debris is generated at the framing and drywall stages of the project,
which would allow the applicant to submit documentation at approximately 75%
completion of the project. For remodels, much of the debris is generated by the interior
demolition, with the remaining debris generated by the new construction activity, which
would also allow the applicant to submit documentation at approximately 75%
completion of the project. Demolition of a structure takes anywhere from 15 minutes to a
few days, depending on the size and scope of the project. Because the demolition phase
occurs within a relatively short period of time, the length of time the contractor must
track weight tags and receipts will also be short. Small projects will have few receipts to
track, while applicants managing large projects often establish accounts with facilities
receiving the C&D debris and can coordinate the tracking of the debris delivered in a
summarized report from the facility, further simplifying the tracking of documentation
for their project. This element was added to assist the applicant to meet the reporting
requirements of the ordinance.
Exceptions are allowed to the diversion requirements, including waivers and the ability to
adjust the estimated tonnage or volume of C&D debris created by a project, with
appropriate justification. If an applicant feels his/her project cannot meet the
requirements of the ordinance, he/she has the opportunity to address his/her issues prior
to permit issuance, as well as, during the project. The City’s staff is committed to
working with the applicant to comply with the ordinance.
An "Approved Facilities" list will be distributed to each applicant. The facilities listed
accept salvaged building materials for reuse or C&D debris for recycling. The salvage
facilities included in the list employ various salvage techniques, affording the applicant
the choice of a facility that best suits his/her project. The C&D debris recycling facilities
listed provide options for recycling debris that is sorted individually by material (i.e.
source-separated debris) or debris that consists of several types of material mixed
together (i.e. mixed debris). The facilities approved for the list will be evaluated for their
ability to meet the diversion requirements of the ordinance, allowing the applicant peace
of mind, that if all the C&D debris generated by a project is taken to a listed facility,
he/she will be able to meet the diversion requirements of the ordinance. The approved
facilities listing will also save the applicant time in preparing the Debris Management
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Plan: when asked to designate the facility intended to receive the C&D debris generated
by the project; he/she can just refer to the "Approved Facility" list.
Unlike C&D debris ordinances adopted by other jurisdictions, the proposed ordinance
does not create delays in final building inspection sign-off or the issuance of a certificate
of occupancy. The ordinance states that, prior to final inspection approval or within 30
days of the completion of C&D debris diversion for the project, the applicant must
submit documentation of compliance with the ordinance. If the applicant does not submit
the documentation in the timeframe required, he/she is in violation of the ordinance and
subject to fines and penalties; however, the project will not be denied final building
inspection sign-off or certificate of occupancy for reasons of noncompliance with the
ordinance. This element of the ordinance is a measure that eliminates delays in the
building inspection process and occupancy of the building.
Options for hauling C&D debris from project sites for recycling will include self-haul,
the use of independent debris box companies for source-separated C&D debris only, or a
PASCO C&D debris box. Allowing applicants the option of multiple hauling methods to
a C&D debris recycling facility enables the applicant to choose the best option, or
combination thereof, that best meets the needs of his/her project with respect to time and
cost to salvage for reuse or recycle.
The ordinance provides an easy option to the applicant to utilize C&D debris boxes when
ordering through PASCO. Beginning July 1, 2004 a C&D debris box will be added to the
services offered by PASCO. If a customer orders a PASCO C&D debris box for the
recycling of the C&D debris generated by the project and utilizes the box in accordance
with the acceptance policy of the facility processing the C&D debris, the cost to the
customer will be the equivalent to the cost of disposal for that size debris box. Therefore,
there is no difference in cost to the customer for choosing recycling over disposal. If the
customer does not utilize the C&D debris box in accordance with the acceptance policy
of the facility (example: 10% or more garbage/contamination in the load), the facility
retains the right to refuse the C&D debris for recycling, resulting in the customer
incurring additional charges of $125 to pay for the C&D debris to be transported and
disposed of as garbage.
Diversion Impact
Diversion levels established in the ordinance require a minimum of 90 percent of inert
solids and a minimum 50 percent of the remaining C&D debris generated to be diverted
from landfilling through salvage for reuse and/or recycling. These diversion levels have
worked in other Bay Area communities. These diversion levels are also supported by the
capability of the local C&D debris recycling infrastructure that currently exists in the Bay
Area. In addition, PASCO would be contractually obligated to recycle a minimum of
5,265 tons of C&D debris annually from debris boxes.
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TIMELINE
On or before July 1, 2004:
-Add an administrative fee to the Municipal Fee Schedule.
-Add administrative penalties for violations of the C&D Ordinance.
-Budget for additional expenses (one full time employee, materials and supplies,
PASCO services) and revenues (administrative fee).
-Add C&D debris box rates to the Utility Rate Schedule.
On or before August 1, 2004:
- Finalize City-approved C&D reuse and recycling facilities listing, C&D debris
generation formula, educational brochure, forms (acknowledgement of ordinance
requirements, Debris Management Plan, waiver), and C&D materials conversion
numbers for Debris Management Plan form.
On or before September 1, 2004:
-Set-up work space at Development Center
-Hire and start training new staff person.
October 1, 2004: Begin program and implement ordinance.
RESOURCE IMPACT
Additional Refuse Fund expenses and revenues will be required to support the C&D
Ordinance.
In FY 2004-05 the following changes will be requested:
One full time employee (including benefits and overtime) $102,900
Materials and supplies (Presentations, books, computer, camera, training,
Association membership, sharing of vehicle use and office supplies) $ 41.150
Total cost $144,050
Estimated revenues for FY 2004-05 received from application fees
(From October 1, 2004 to June 30, 2005)$ 75,000
Net estimated cost of program for FY 2004-05 (first year)$69,050
Ongoing additional Refuse Fund expenses and revenues will require:
One full time employee (including benefits and overtime)
Materials and supplies
Estimated annual revenues for on-going application fees
Total estimated cost of on-going program
$102,900
$ 9,65O
$100,000
$12,550
PASCO’s new service of supplying C&D debris boxes to applicants is being proposed in
the FY 2004-05 budget process at no additional cost to the Refuse Fund. This is due to
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recent adjustments to PASCO’s contract operating range set per the contract. This
service was estimated to cost $435,153 (approximately 5,265 tons) annually. The current
debris box program whereby PASCO selects loads that contain reusable and/or recyclable
materials (approximately 4,000 tons) and then delivered to the Guadalupe C&D
Processing Facility at a cost of $322,000, would be replaced with the C&D debris box
service.
Funds for the C&D Ordinance Program will be included in the FY 2004-05 Refuse Fund
Operating Budget.
ALTERNATIVES
1) No Ordinance, Continue with Voluntary Plan
The Public Works Recycling Program has been providing comments on plans
submitted to the Planning Department for more than five years, requesting applicants
to voluntarily prepare Debris Management Plans only (no supporting documentation
was requested) to the Recycling Program Staff. In more than five years of reviewing
blueprints and requesting Debris Management Plans, the Recycling Program has only
received one. The City has attempted to operate a program on a voluntary basis
without success, due to the lack of cooperation within the construction industry.
In 2002, the CIWMB-approved waste diversion percentage for the City of Palo Alto
decreased 6 percentage points from 61 percent to 55 percent. While landfill disposal
tonnages decreased in Palo Alto, the economic conditions of Palo Alto were a factor
in the calculation formula. If in one year Palo Alto can lose 6 percentage points due
to the economy, there is no doubt that a decrease in subsequent years could also occur
if the economy weakens. While currently at 55 percent diversion, a drop of 6
percentage points would place the City out of compliance with the State mandate of
50 percent, as required by AB939 and would subject the City to daily fines and a
requirement to adopt a C&D debris ordinance. A voluntary program places the City
at risk and places the City in the position of being reactive instead of proactive and
progressive. Staff does not recommend this option.
2)Continue With Current Program- PASCO Selection of Four Debris Boxes Per Day
This program was designed as a short-term solution to the growing concern of the
volume and quality of C&D debris being disposed of in landfills. PASCO, under this
program currently selects four debris boxes per day for transport to a C&D debris
processing facility, based on their judgement of the box being "rich" in recyclable
C&D material. To operate a long-term program on a day-by-day box selection basis
is not efficient and does not allow for flexibility. If the program is changed to meet a
weekly or monthly quota, PASCO could be placed in the position of having to
redirect C&D debris boxes with low quality material in order to meet its quota. For
example, if PASCO is required to divert four C&D boxes per day and none are "rich"
in C&D, it must still meet their quota, but the ultimate goals of the program intended
to divert C&D debris may not adequately be met. On the other hand, if on another
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day there are eight C&D boxes that are "rich" in C&D material, PASCO can only
divert four, resulting in a missed opportunity for diverting C&D material.
Considering the tonnage of the current C&D waste being generated, a structured
program is needed that allows the customer to request a debris box from PASCO and
allows the City to develop a budget with PASCO and meet the diversion goals of the
City. Staff does not recommend this option.
POLICY IMPLICATION
These recommendations are consistent with existing policies.
Comprehensive Plan Policy
Goal N-7: Reduced Volumes of Solid
Environmentally Safe, Efficient Manner.
Waste; Solid Waste Disposed in an
Policy N-34: Reduce the amount of solid waste disposed in the City’s landfill by reducing
the amount of waste generated and promoting the cost-effective reuse of materials that
would otherwise be placed in a landfill.
Policy N-35: Reduce solid waste generation through salvage and reuse of building
materials, including architecturally and historically significant materials.
Policy N-36: Encourage the use of reusable, returnable, recyclable, and repairable goods
through incentives, educational displays and activities, and City purchasing policies and
practices.
Policy N-38: Support state and federal legislation encouraging the use of recyclable
goods.
Sustainabilitv Policy
The City of Palo Alto Sustainability Plan, adopted in support of the citywide
Sustainability Policy, identified Solid Waste as one of ten key categories of sustainability
focus. Within this category, goals, objectives and measurable aspects (indicators) were
identified that could be used to gauge progress. The primary resource for determining the
goals for each category is the Comprehensive Plan (Plan), in order to ensure that all
sustainability efforts are closely aligned with, and are complementary to the Plan.
According to the 2002-03 Annual Report on City Sustainability Program, the following
Sustainability Objectives were identified under "Continuous Improvement" or
"Restorative" and support the recommendation of the adoption of the ordinance:
Continuous Improvement:
-Implement source reduction, reuse, recycling and composting programs that reduce
waste.
CMR:166:04 Page 13 of 14
-Promote usage of products or materials that are either reusable, recyclable or able to
be composted.
Restorative:
-Eliminate, if practical and feasible, waste generated within the community.
ENVIRONMENTAL REVIEW
This project is not under the California Environmental
further environmental review is necessary.
Quality Act (CEQA) and no
ATTACHMENTS
Attachment A: C&D Ordinance
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
MIC~ACKSON
Deputy Director of Public Works Operations
GLENN S. ROBERTS
Director of Public Works
Assistant City Manager
CMR: 166:04 Page 14 of 14
NOT YET APPROVED
ORDINANCE NO.
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 i. FINDINGS. The City Council of the City of
Palo Alto does ordain as fol!ows:
(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 $i0,000 per day.
(b) Debris from construction and demolition of
buildings and tenant improvements is a significant portion of
the waste material generated in Palo Alto, and much of this
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.
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 TO 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 i00
5 24 ii0
5 24 120
5 24 130
040325 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.
NOT YET APPROVED
5.24.010 Definitions.
For the purposes of this Chapter, terms defined in
Chapter 5.20 shall have the same meanings in this Chapter 5.24.
In addition, the fol!owing words and phrases shall be construed
as defined in this section, unless the context indicates
otherwise:
(i) "Applicant" means (i) any person to whom a building
or demolition permit or any similar permit for a Covered Project
is issued, or (2) 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 !ocal 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" means the rate set forth in the
standardized Conversion Rate Table approved by the Director
pursuant to this Chapter for use in estimating the volume or
weight of materials identified 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 to use material for
any lawfu! purpose other than disposal in a landfill or
Transformation Facility.
(8) "Inert Solids" means
stone, brick, sand, soil, and fines.
asphalt, concrete, rock,
040325 syn 8250017
NOT YET APPROVED
(9) "Project" means any activity which requires a
building or demolition permit or any similar permit from the
City.
(i0) "Project Valuation" means the dollar value of the
project as calculated under by the City’s building permit
valuation formulas.
(ii) "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.
040325 syn 8250017
NOT YET APPROVED
(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
current list of Approved Facilities.
a
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.
(i) Before issuance of a demolition or building permit
or any similar permit for any Covered Project, the Applicant
shall submit a Debris Management Plan to the Director for
review.
(2) The Debris Management
following for the Covered Project:
Plan shall indicate the
(A) The estimated total volume or weight
Construction and Demolition Waste generated by the project;
of
(B) The means that the Applicant proposes to use to
divert Construction and Demolition Waste;
(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
040325 syn 8250017
4
NOT YET APPROVED
than salvage, the Applicant shall state the Approved Facility
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. The Director shall
determine, in writing, whether the diversion requirement shall
be waived in whole or in part on grounds of impracticability or
impossibility.
(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. The Director shall
determine, in writing, whether the salvage requirement shall be
waived in whole or in part on grounds of impracticability or
impossibility.
(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 approve a Debris Management Plan
or an amendment to a Debris Management Plan if it meets the
requirements of this Chapter.
(b) Notwithstanding any other provision of this Code,
no permit shall be issued for any Covered Construction and
Demolition Waste Project unless the Director has approved the
Debris Management Plan.
(c) If the Director fails to approve the Debris
Management Plan, he or she shall document in writing the basis
of the denia!.
040325 syn 8250017
5
NOT YET APPROVED
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:
(i) 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;
040325 syn 8250017
NOT YET APPROVED
(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 provisions of this Chapter
and is subject to enforcement action if:
(a) The Applicant did not meet the
requirements of this Chapter for any Covered Project;
diversion
(b) The Applicant willfully failed to comply with any
provision of this Chapter; or
(c) The Applicant provided false or misleading
information in any plan, report or document required by this
Chapter.
5.24.130 Enforcement.
Violation of any provision of
enforced as follows:
this Chapter may be
(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;
(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.
040325 syn 8250017
NOT YET APPROVED
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:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Public Works
Director of Administrative
Services
040325 syn 8250017