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HomeMy WebLinkAbout2003-04-21 City Council (2)City of Palo Alto C ty a ager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: APRIL 21, 2003 CONSTRUCTION AND DEMOLITION IMPLEMENTATION STATUS REPORT CMR:235:03 ORDINANCE This is an informational report and no Council action is required. BACKGROUND Construction and Demolition (C&D) debris is waste material that is produced in the process of construction, renovation, or demolition of structures. Structures include buildings of all types (both residential and nonresidential) as well as roads and bridges. Components of C&D debris typically include concrete, asphalt, wood, metals, gypsum wallboard, roofing material, glass, carpet, bricks, land clearing debris (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. The California Integated Waste Management Act of 1989, administered by th~ California Inte~ated Waste Management Board, requires every city to submit an armual report summarizing its pro~ess in diverting solid waste from disposal. The report is required to include, among other things, specified information relevant to compliance with the solid waste diversion requirements. Senate Bill 1374, chaptered into law in September 2002, additionally requires the annual report to include a summary ofpro~ess made in diversion of C&D waste materials, including information on pro~ams and ordinances implelnented and quantitative data, where available. More than 40 jurisdictions within California have implemented C&D debris ordinance/diversion progams within the past two years, deterlnining that C&D debris represents a significant portion of their waste streams (12-31 percent), and that C&D materials represent significant potential for reuse and recycling. Measuring the success of C&D debris ordinance/diversion pro~ams in terms of tons of material diverted from landfill is difficult due to the lack of progam longevity. In the first year after implementation, many pro~ams experience a significant learning curve with staff training as well as evaluating what progam elements work in theory versus practical application. Often progams are modified after implementation. Traditionally, several types of inert C&D debris, such as concrete, asphalt, and rock, are already being recycled CMR:235:03 Page 1 of 5 since the economics encourage recycling over disposal. Jurisdictions are not required to track recycling tonnages, only landfill disposal. With these new C&D debris diversion progams comes the challenge of distinguishing the tons of new C&D debris being diverted versus inert C&D material that was already recycled prior to pro~am implementation. Lastly, the manner in which a jurisdiction’s disposal tonnage is reported to the California Integrated Waste Management Board causes a delay in the calculation and verification of landfill diversion, and therefore causes a delay in measuring the effectiveness of these newly implemented C&D debris diversion progams. C&D Pro~ams vary by jurisdiction and employ various tools and strategies such as: -Ordinances -Permit conditions -Economic tools (rates, deposits, fees, fines and penalties) -Deconstruction (dismantling a structure for reuse) requirements -Pre-processing of all C&D debris before landfilling -Submittal of a debris/waste management plan by contractors and project developers -Documenting and reporting the results of the debris/waste management plan at the project site -Waste/debris diversion requirements -Education and technical assistance The current trend among various C&D debris diversion ordinances throughout the state is to establish C&D debris diversion requirements and require the permit applicant to pay a deposit based on the type and/or square footage of the project. At project completion, the permit holder is required to document their C&D debris diversion and meet the diversion requirement before receiving a deposit refund. While this deposit-based system creates an incentive for the permit applicant to comply under penalty of deposit forfeiture, cash handling and tracking adds an additional layer to the building permit process and requires additional staff resources by finance departments. Alternative systems that are penalty-based versus deposit-based have also been recently adopted by a few jurisdictions. A penalty-based system targets only permit holders that do not comply with the C&D debris diversion ordinance. That system applies a penalty based on a formula established on the degee of noncompliance. Another penalty-based approach that has been used is one that not only fines an applicant for noncompliance, but also requires the fine be paid before a Certificate of Occupancy is issued by the building department. Other factors to consider when developing a C&D debris diversion progam are: Identification of the sources of C&D debris (residential, non residential, new construction, remodel/repair/addition, demolition, etc.) Evaluation of the C&D debris collection ser~ice infrastructure (exclusive franchise, open market, separating C&D debris materials versus collecting multiple materials within the same load (mixed C&D)) CMR:235:03 Page 2 of 5 Availability of deconstruction selwices and operations Availability of staff resources (handling finance transactions, technology, permitting, technical assistance, site inspections, plan and documentation review, pro~am tracking and monitoring) Local economic conditions DISCUSSION Public Works staff has been working with various cities, departments, divisions, individuals and ~oups to gather information as to how to design an effective C&D debris diversion progam to best serYe Palo Alto. Staff estimates that an ordinance will be brought to Council within the 2003 calendar year. Public Works staff estimates to have a C&D ordinance in place July 1, 2004. The United States Environmental Protection Agency estimates the source of C&D debris generated by residential and nonresidential building-related activities is construction (8 percent), renovation (44 percent) and demolition (48 percent). In 1997, the City of Pa!o Alto conducted a waste composition study to determine what type of waste was generated within the City limits. Based on that study, City staff estimates approximately 20,000 tons of C&D related waste was disposed by the Palo Alto community. This is approximately 25 percent of the total waste stream being disposed. Two 1998 and 1999 studies conducted by the City of San Jose, of landfills within San Jose city limits, indicate that 50 to 70 percent of the C&D related waste could have been reused or recycled using readily available processes. The study also reports the primary transportation source of that C&D material delivered to the landfills was rol!-off boxes, open-top and trucks, including self-haul. City staff believe the City of San Jose and Palo Alto studies are consistent and accurately reflect current C&D debris disposal practices. The City Attorney is currently reviewing a draft C&D Debris Ordinance to provide guidance regarding compliance and enforcement. Key issues include: 1)A~eement for Solid Waste and Recyclable Materials Handling Ser¥ices (PASCO Contract) a) Identifying financial impacts from increased costs to divert roll-off debris box services from the Palo Alto Landfill to mixed C&D processing facilities b) 2) Utility a) b) 3)Determining whether changes to the municipal Comprehensive Plan 4)Compliance and Enforcement a) Staffing and budget needs b) Record keeping and progam tracking located in San Jose Deterlnining amendment(s) to existing ageement for C&D implementation Rate Schedules Roll-off debris box services structured to give an incentive to recycle Possible rate adjustments to other progams due to revenue loss code sections also affect the CMR:235:03 Page 3 of 5 c)Conversion factors for calculating diversion; conversion numbers are a ~soft science" and are subject to debate d) Monitoring and adjustment ofprogam to measure progam effectiveness e) Establishing an administrative fee to cover costs of operating pro~am f) Documentation requirements to establish compliance g) Review of all landfill disposal and C&D reuse or recycling facility weight tags/receipts, for each completed project covered by the ordinance, to determine compliance h) Measuring deconstruction and salvage/quantifying items diverted from landfill in a maimer other than by weight (ex.. how does a stained glass window, a lighting fixture, or a hardwood floor that has been removed from a project for the purpose of reuse "count;’ towards the diversion requirements of the ordinance) i) Quantity and type of permits to be covered under the ordinance j) Appeal process 5) Education a) Provide public education materials to permit applicants explaining the C&D debris diversion progam b) Provide a list of "Approved Facilities" for distribution that identifies C&D debris processing facilities that comply with the diversion requirements established in the ordinance c) Provide technical assistance to permit applicants on estimating C&D debris generated by their project and the completion of the required forms 6)City-sponsored projects: Impacts to and inclusion of city-sponsored projects under a C&D ordinance should be studied C&D Recycling Activities at the City Landfill The City landfill currently separates asphalt, concrete, bricks and aggegate base material 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 winter pad (the area created for the public to dump). Excess material is stockpiled and later sent to a local recycler. This year Palo Alto is sending approximately 9,000 tons (stockpiled from several years) to a local recycler. In addition, changes to the FY03/04 Municipal Fee schedule are being proposed for the Palo Alto Landfill that will deter inert C&D debris from disposal. Residential rates for asphalt, concrete and rock materials would be increased by 108 percent. Asphalt, concrete and rock materials, will be restricted to a maximum of two cubic yards per load for residents and commercial customers. These changes, if approved by Council, would take effect July 1, 2003. Palo Alto Sanitation Company (PASCO) C&D Activities In the proposed FY03!04 PASCO budget, a pilot progam for select C&D debris roll-off boxes will be implemented. Specified C&D debris roll-off boxes will be redirected from CMR:235:03 Page 4 of 5 the Palo Alto Landfill to the Guadalupe Landfill C&D Processing Facility. This facility recovers wood, dirt, landscape material, concrete, asphalt, rock, cardboard and metal. Of the estimated 4,000 tons to be delivered annually, the City can expect to recycle and reuse 92 percent of this waste (which is currently being counted as disposal). PREPARED BY: DEPARTMENT HEAD: Annette Puskarich, Recycling Coordinator Michael Jackson, Deputy Director, Public Works Operations GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:235:03 Page 5 of 5