Ordinance No. 10-2070 Clarifying and Updating Requirements for Construction and Demolition Debris Recycling, Recology ORDINANCE NO. 10 -2070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16.72 OF THE CUPERTINO MUNICIPAL CODE
CLARIFYING AND UPDATING THE REQUIREMENTS FOR CONSTRUCTION
AND DEMOLITION DEBRIS RECYCLING TO ENSURE CONSISTENCY WITH
AMENDMENTS TO CHAPTER 6.24 AND THE NEW RECOLOGY
FRANCHISE AGREEMENT
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Code Amendment. Chapter 16.72 of the Cupertino Municipal Code is hereby
amended to read as follows:
Section
16.72.010 Findings of the City Council
16.72.020 Definitions
16.72.030 Covered Projects
16.72.040 Diversion Requirements
16.72.050 Information Required Before Issuance of Permit
16.72.060 Administrative Fee
16.72.070 Reporting
16.72.010 Findings of the City Council.
A. Under California law as embodied in the California Waste Management Act of 1989
(California Public Resources Code Sections 40000 et seq.), the city is required to prepare, adopt
and implement source reduction and recycling plans to reach landfill diversion goals, and is
required to make substantial reductions in the volume of waste materials going to the landfills;
B. In order to meet these goals it is necessary that the city promote the reduction of solid
waste, and reduce the stream of solid waste going to landfills; and
C. Waste from construction, demolition, and renovation of buildings represents a
significant portion of the volume of waste presently coming from the city and much of this waste
is particularly suitable for recycling and reuse;
Ordinance No. 10 -2070
D. The city's commitment to the reduction of waste requires the establishment of programs
for recycling and salvaging of construction and demolition (C &D) waste.
16.72.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by this section, unless the context or the provision clearly requires otherwise.
1. "Applicant" means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the City for the applicable permits to
undertake construction, demolition, or renovation project within the City.
2. "Construction" means the building of any facility or structure or any portion thereof
including tenant improvements to an existing facility or structure.
3. "Construction" and "demolition debris" or "C &D debris" means materials resulting from
the construction, remodeling, or demolition of buildings of other structures. "Construction and
demolition debris" includes, but is not limited to, asphalt, rock and dirt related to construction,
remodeling, repair, or demolition operations on any pavement, house, commercial building, or
other structure.
4. "Covered project" means project meeting the specifications of § 16.72.030 of this
section.
5. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
6. "Director of Public Works" shall be the Director of Public Works and his or her duly
authorized agents and representatives.
7. "Divert" means to reuse material so it is not disposed of in a landfill or incinerated.
8. "Diversion requirement" means the diversion of a percentage, as determined from time
to time by the Director of Public Works, of the total construction and demolition debris
generated by a project via reuse or recycling.
9. "Project" means any activity, which requires an application for a building or demolition
permit, or any similar permit from the city.
10. "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.
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Ordinance No. 10 -2070
11. "Renovation" means any change, addition., or modification in an existing structure.
12. "Reuse" means further or repeated use of construction or demolition debris.
13. "Salvage" means the controlled removal of construction or demolition debris from a
permitted building or demolition site for the purpose of recycling, reuse, or storage for later
recycling or reuse.
14. "Waste Management plan" means a plan, prepared in a form approved by the Director
of Public Works, that identifies the amounts of all construction and demolition debris generated
by the project, the amounts recycled or diverted, and the intended City- approved salvage, reuse,
and recycling facilities. . Copies of supporting documentation shall be required and included as a
part of the final construction and demolition debris recycling reporting.
16.72.030 Covered Projects.
A. All construction, demolition and renovation projects within the city, which involve the
construction, demolition or renovation of 3,000 square feet or more, shall comply with this
section. For the purposes of determining whether a project meets the foregoing thresholds, all
phases of a project and all related projects taking place on single or adjoining parcels, as
determined by the Director of Public Works, shall be deemed a single project.
B. Compliance with this chapter shall be listed as a condition of approval on any building
or demolition permit issued for a covered project.
16.72.040 Diversion Requirement.
A. Applicants for any covered project are required to recycle or divert at least 60% of all
generated C &D tonnage from demolition projects to an approved facility or by salvage.
B. If an Applicant for a Covered Project experiences circumstances that the Applicant
believes make it impossible to comply with the Diversion Requirement, the Applicant shall
submit written justification with the Waste Management Plan. The Director of Public Works will
determine, in writing, whether any diversion requirements shall be waived in whole or in part on
grounds of impracticability or impossibility.
16.72.050 Information Required Before Issuance of Permit.
Every applicant shall submit a properly completed "Waste Management Plan" on a form
prescribed by the city, as a portion of the building or demolition permit application process for a
covered project. The Waste Management Plan shall indicate the following:
A. The estimated volume or weight of project: construction and demolition debris, by
material type, to be generated;
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Ordinance No. 10 -2070
B. The maximum volume or weight of such materials that can feasibly be diverted via
reuse or recycling;
C. The vendor that the applicant proposes to use to haul the materials must be consistent
with the franchise currently in effect pursuant to the provisions of Chapter 6.24;
D. The facility to which the materials will be hauled will be one approved by the city;
E. The estimated volume or weight of construction and demolition debris that will be land -
filled. In estimating the volume or weight of materials identified in the waste management plan,
the applicant shall use the standardized conversion rates approved by the City for this purpose.
Approval of alternative facilities or special salvage or reuse options may be requested of the
Director of Public Works. Approval by the Director of Public Works, or designee, of the Waste
Management Plan as complying with this chapter shall be a condition precedent to the issuance
of any building or demolition permit for a covered project.
16.72.060 Administrative Fee.
As a condition precedent to the issuance of any building or demolition permit for a covered
project, the applicant shall pay to the City any required application fee as set forth in the
municipal fee schedule.
16.72.070 Reporting.
Within 60 days after the completion of any covered project, the applicant shall submit to the
Public Works Department a final completed Waste Management Plan including reporting
documentation demonstrating that the applicant has met the diversion requirement for the
project. Documentation shall consist of a final completed report in a format prescribed by the
City and shall comply with the requirements of this chapter. Copies of all facility weight tickets
and /or disposal receipts must be submitted with the report. Failure to comply with the reporting
requirement may delay approval of the final inspection or the recovery of any bond or deposit
held by the City.
Section 2. Statement of Purpose. This Ordinance is intended to clarify and update
the requirements for construction and demolition debris recycling to insure consistency with
concurrent amendments to Chapter 6.24 and the new Recology Franchise Agreement and also
removes the reference to a "required" administrative fee.
Section 3. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable.
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Ordinance No. 10 -2070
Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption
as provided by Government Code Section 36937.
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Ordinance No. 10 -2070
Section 5. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government
Code Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the 21 day of
September and ENACTED at a regular meeting of the Cupertino City Council the 1 day of
November, 2010 by the following vote:
Vote Members of the City Council
Ayes: Wang, Wong, Chang, Santoro, Mahoney
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
Alf
City Clerk if ayor, City of C .ertino
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 10 -2070, which was enacted
on September 21 st, 2010, and- that it has been published or posted pursuant .
to law (G.C. 40806).
IN WITNESS WHEREOF, I have: hereunto set my hand and seal this
22nd day of November 2010.
z.!2_
KIMBERLY SMIVJ, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
nrdinance