18. Recycling and waste Ord. DEPARTMENT O~' PUBLIC WORKS
CUPERTINO
SUMMARY
AGENDA ITEM AGENDA DATE February 4, 2008 -
SUBJECT AND ISSUE
Ordinance No. 2008- ~D o~o~ :"An Ordinance of the City of Cupertino Amending the Cupertino
Municipai Code, Adding Chapter 16.70 - Recycling and Diversion of Construction and
Demolition Waste."
BACKGROUND
Currently debris boxes from demolition and other construction activi#y hauled in Cupertino are
franchised to Los Altos Garbage Co. These boxes are designated ta be hauled to NewUy Island
landfill where the City has an agreement that 50°/a of the contents is recycled. Other legal debris
boxes in the City must contain oniy saurce separated or one cotnmodity for recycling (e.g. wood,
metal or concrete), and, as such are very likely to be fully recycled.
The proposed ardinance for construction, demolition or renovation pzojects of 3,000 square feet
or more, wauld require applicants seeking building or demolition ~ pernuts to recycle or divert at
least 50 percent of mixed debris resulting from their projects. It is intended and expected that this
ordinance would affect mostly the self-haul sector, since as noted above that is the area of
activity which is not covered with the franchise or single commodity debris. It is unknown what
percentage of demolition debris this sector represents but is most certainly a fraction of that now
using franchise or single commodity collection.
.Anyone granted a building/demolition permit would be obligated to submit a"Waste
Management Plan". This plan would include indicating (1) the estimated volume or weight of
project constxuction and demolition debris, by material type, to be genera.ted; (2) the maximum
volwme or weight of such materials that can feasibly be diverted via reuse or recycling; (3) the
vendor ~#hat the applicant proposes to use to haul #he materials; (4) the facility to which the
ma#erials will be hauled, chosen from a list of facilities approved by the City; (5) the estimated
volume or weight of construction and demolition debris that will be landfilled
Final documentation is required demonstrating that the applicant has m.et tl~e diversion
requirement for the project, along with copies of all facility weight tickets and/or disposal
receipts, submitted to the Public Works Department ~
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FISCAL IMPACT
Some staff time would be necessary for ongoing ordi.nance compliance and waste management
plan review. An administrative fee is proposed in~ the ordinance to cover these costs. Otherwise,
no other costs are anticipated for implementation.
RECOMMENDATION
Staff recommends that the City Council conduct the first reading of Ordinance No. 2008-~,
"An 4rdinance of the City of Cuperrino Amending the Cupertino Municipal Code, Adding
Chapter 16.70 - Recycling and Diversion of Constxuction and Demolifion Waste."
Submitted by: , Approved for submission:
~pQ,.-Ra1ph A. Qua1Ls, Jr. David W. Knapp
Director of Public Works City Manager
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~R~Fr
ORDINANCE NO. 08-2022
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING THE CUPERTINO
MUNICIPAL CODE, ADDING CHAPTER 16.70 - RECYCLING AND DNERSION OF
CONSTRUCTI~N AND DEMOLITION WASTE
THE CITY COUNCIL OF THE CITY 4F CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION I
Amendment
16.70.01 Findings of the City Cauncil
16.70.02 Defmifions
16.70A3 Covered Prajects .
16.70.04 Diversion Requirements
16.'70.05 Information Required Before Issuauce of Permit
16.70.06 Administrative Fee ~
16.70.07 Reporting
Section 16.70.01: Findings of the Citv Council
1. Under California law as embodied in tl~e California Waste Management Act of 1989
(California Public Resouzces Code Sections 40000 et seq.}, the City of Cupertin.o 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 materiais going to the landfills;
2. In ordet to meet these goals it is necessary that the City promote the reduction of solid
waste, and reduces the stream of solid waste going to landfills; and
3. Waste from cons#xuction, demolitaon, and renovation of buildings represents a significant
portion of the volume of waste presently coming from the City of Cupertino and much of
this waste is particularly suitable for recycliu~g and reuse;
4. 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;
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Ordinance No. 08-2022 2
16.70.02: 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.
A. APPLICANT. Any individual, firm, limited liability company, association, partnez-ship,
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 z-enovation project within the City. ~
B. CONSTRUCTION. The building of any facility or structure or any portion thereof
~ including tenant improvements to an existing facility or structure.
C. CONSTRUCTION AND DEMOLITION DEBRIS or C&D DEBRIS. Used or
discarded materials removed from premises during construction or renovation of a
structure resulting from construction, remodeling, repair, or demolition operations on any
pavement, house, commercial building, or other structure.
D. COVERED PROJECT. A project meeting the specific~tions of section 16.70.03 of this
section.
E. DEMOLITION. The decvmating, razing, ruining, tearing down or wreclci~ng of any
facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
F. DIRECTOR OF PUBLIC WORK~S. The Director of Public Works and his or her duly
authorized agents and representarives.
G. DIVERT. Use material for any purpose other than disposal in a landfill or transformation
facility.
H. DIVERSION REQUIREMENT. The diversion of a percentage, as determined from
time to time by the Director o£ Public Works, o£ the total construction and demolition
debris generated by a project via reuse or recycling.
I. PROJECT. Azxy activity, wluch requires an application for a building or demolition
permit, or any simila.r permit from the city.
J. RECYCLING. The process of collecting, sorting, cleansing, treat~in~g, and reconstitu#ing
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 wtxich
meet the quality standards necessary to be used in the marketplace.
K. RENOVATION. Any change, addition, or modification in an existing stiucture.
L. .REUSE. Further or repeated use of construction or denaolition debris.
M. SALVAGE. 'The contralled 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.
N. WASTE MANAGEMENT PLAN. A plan, prepared in a form approved by the
Director of Public Works, that identifies the amounts of a11 construction and demolitiot~
debris generated by the project, the amounts recycled ar diverted, and the . intended
salvage, reuse, and recyclir~g facilities chosen forrn a list of City approved facilities:
Copies of supporting documentation shall be required aud included as a part of the final
construction and demolition debris recycling reporting.
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~rdinance No. 08-2022 3
16.70.03: Covered Pr4iects
A. All construction, demolition and renova#ion projects within the City, which involve the
construction, demolition or renovation of 3,000 square feet or moze, shall comply with this
section. For the purposes of deterinining whether a project meets the foregoing thresholds, all
' phases of a project and all reiated projects taking place on single or adjoining parcels, as
determined by the Director of Public Works, sha11 be deemed a single project.
B. Compliance with this Chapter sha11 be listed as a condition of approval on any building ar
demolition permit issued for a Covered Project.
16.70.04: Diversioa Rec[uirement ~
A. Applicants for any covered project are required #o recycle or divert at least sixty percent
(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 Diversian Requirement, #h~ Applicant shall submit
written justificahon 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. .
16.70.05: Information Required Before Issuance of Permit
Every applicant shall submit a prope~rly completed "Waste Management Plan" on a form
prescribed by the City, as a portion. of the building or demolitian permit application process for a
covered project. The Waste Management Plan shall indicate the following: (1) the estimated
volume or weight of project construction and demolition debris, by material type, to be
generated; (2) the maximum volume or weight of such materiais that can feasibly be diverted
vial reuse or recycling; (3) the vendor that the applicant proposes to use to haul the materials; (4)
the facility to which the materials will be hauled chosen from a list of facilities approved by the
City; {5) the estimated volume or weight of construcrion and demolition debris that will be land-
filled. In estimating tlie volume or weight of materials identified in the waste management plan,
the applicant shall use the standazdized conversion rates approved by the Ciiy for this pwrpose.
Approval of alternative facilities or special salvage or reuse options may be reyuested of the
Director of Public Works. Appraval 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. .
16.07.06: Administrative Fee.
As a conditian precedent to the issuance of any building or clemolition pezmit for a covered
project, the applicant sha11 pay to the City an application fee as set forth in the municipal fee
~ schedule. -
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Ordinance No. 08-2022 4
16A7.07: Reportins
Within sixty (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
documei~~tation demonstrating that the . applicant has met the diversion requirement for the
project. Documentation shall consist of a final completed report in a format provided by the City
an.d shall comply with the requirements of this Chapter. Copies of a11 facility weight tickets
and/or disposal receipts must be submitted with the report.
SECTION II
A. Enforcement
The City Clerk is hereby authorized and instructed to file a cert~ifieci copy of this ordinance upon
its becoming effective with the 5heriffs Office and the County of Santa Clara, State of
Califomia.
SECTION III '
B. Publication
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation published and circulated in the City withi~n fifteen { 15) days after its passage, in
accordance with §36933 of the Government Code; shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regulaz meeting of the City Council of the City of Cupertino thi.s 4th
day of February, 2008, and ENACTED at a regular meeting of the City Council of the City of
Cupert~ino this _ day of 2008, by the following vote:
Vote: Members of the City,Council: .
AYES: ~
NOES:
ABSENT:
ABSTAIN:
~ A'TTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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