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HomeMy WebLinkAboutItem 6.2 Const/Demolition Ord CITY CLERK File # 0810-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 15, 2000 SUBJECT: Public Hearing: Construction and Demolition Debris Ordinance .. Report Prepared by:i Jason Behrmann ATTACHMENTS: 1) 2) 3) Construction and Demolition Debris Ordinance Construction and Demolition Debris Recycling Case Study Waste Management Plan RECOMMENDATION:~ 1) 2) 3) 4) s) 6) Open Public Hearing Receive Staff Presentation Receive Public Testimony Close Public Hearing Deliberate Waive Reading and Adopt Ordinance on an Urgency Basis FINANCIAL STATEMENT: The Ordinance is being proposed to avoid a possible $10,000 a day penalty that could be imposed, if the City does not meet the State mandated 50% diversion goal. BACKGROUND: At the December 7, 1999 Dublin City Council meeting, the Council directed staff to work with Alameda County Waste Management Authority and local builders to develop a Construction and Demolition Ordinance for the City of Dublin. The impetus for this direction came from a report prepared by Hilton Farnkopf & Hobson (HF&H) on the City's progress towards meeting AB939, Year 2000 diversion goals. HF&H documented that the most significant growth in disposal sources in the City of Dublin has occurred in roll-offbox and self-haul tons, a reflection of the increased construction activity in eastern Dublin. For example, Waste Management reported 1,766 roll-offbox pulls in 1997.~ In 1998, this number increased ~ The months of January and February contained an unusually high number of pulls. If these months had reflected the average of the remaining 10 months, 1997 would have only had 1,060 pulls. H/cc-forms/agdastmt.doc COPIES TO: ITEM NO. to 2,650, a 50% increase over the prior year. HF&H concluded that the material that has the greatest potential for recycling is Construction and Demolition (C&D) debris that is currently being collected in roll-off boxes or disposed of by self-haul customers. The HF&H report explained that many jurisdictions have begun encouraging the recycling of C&D debris by requiring that a recycling plan be prepared for each major construction or demolition project in connection with the issuance of a construction or demolition permit. In addition to the recommendation by HF&H, the Alameda County Waste Management Authority (ACWMA) recently endorsed a C&D Model Ordinance, with the recommendation that the Ordinance be adopted by every jurisdiction in the County. The Ordinance was written so that it could be tailored to fit local conditions. The purpose of the Ordinance is to require maximum feasible recycling at new construction sites and salvage and deconstruction for remodeling and demolition projects. Analysis performed by ACWMA staff indicates that it is possible to recycle a large amount of construction materials without compromising the company "bottom line" (Attachment 2). The County's model Ordinance requires projects (those exceeding a given square footage or value) to divert at least 50% of their construction waste materials from the landfill. Building and demolition permit applicants would be required to fill out a standard Waste Management Plan (Attachment 3), outlining the estimated amounts and types of waste to be generated, reused, recycled and disposed. Applicants would also be required to submit proof that materials have been recycled/reused. Since the December 7, 1999 City Council meeting, Staff has worked to tailor the County-endorsed C&D Ordinance to meet local conditions. First, Staff met with ACWMA Staff to discuss potential issues and to outline a course of action. It was determined that the Attorneys from the ACWMA and the Dublin City Attorney should review the County-endorsed C&D Ordinance to ensure compliance with the City's current Waste Franchise Agreement and Municipal Code. The Attorneys concluded that the City's Franchise Agreement and Municipal Code would pose no significant obstacles to modifying the County's Model C&D Ordinance and Adopting and implementing a C&D Ordinance in the City of Dublin. Following this determination, representatives from the City's Community Development Department, City Manager's Office and City Attorney's Office met with ACWMA Staff to discuss how the Ordinance should be developed and implemented in the City of Dublin. The following significant changes were recommended to modify the County's model C&D Ordinance: Add a section which defines how and when the "total cost" of the project is determined; Raise the threshold for "covered" projects from $50,000 to $100,000 to limit the Ordinance to only larger developments and not small-scale remodeling projects; Raise the threshold for the performance security from $50,000 to $1,000,000 and revise the total security deposit amount to a formula, which was developed by Santa Barbara County. The City Attorney's Office concluded that this formula would be more appropriate because the required performance security is linked to the purpose of the Ordinance; Add a section that would be more reasonable for large residential tract developments. Instead of requiring applicants to submit a new Waste Management Plan (WMP) with each building permit, they would submit one WMP for the entire project and a performance security for each phase of the project; Add language for the "Appeal" section; and · Add Ordinance urgencY language. The following section contains a summary of the Construction & Demolition Ordinance as currently written and recommended PROPOSED CITY C&D ORDINANCE SUMMARY: All construction, demolition and renovation projects in the City with a total value equal to or greater than $100;000 must submit a Waste Management Plan (Attached 3) at the first plan check or at the first check of a residential master plan for residential developments. · Waste Management Plan indicates: 1) The estimated volume or weight of project C&D debris, by materials type, to be generated; 2) The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; 3) The vendor or facility that the Applicant proposes to use to collect or receive that material; 4) The estimated volume or weight of C&D materials that will be landfilled; and 5) Project square footage. · Projects with a total value greater than or equal to $1,000,000 will be required to submit a performance security for each building permit issued for commercial developments or for each phase of residential construction, to assure compliance with the Ordinance. · Each applicant will be required to divert at least 50% of the total C&D debris generated by the project · If an Applicant experiences unique circumstances that the Applicant believes make it infeasible to comply with the City's diversion requirement, the Applicant may apply for an exemption at the time that he or she submits the Waste Management Plan · Receipts from the vendor or facility which collected or received the material showing actual weight or volume of that material shall be submitted within 30 days of the issuance of an occupancy permit · If the diversion goal has been met, or the City has determined that the applicant has made a "good faith effort" in complying with the Ordinance, the full Performance Security will be returned to the applicant within 30 days. · Non-compliance means a forfeiture of the performance security and additional fines. PUBLIC OUTREACH EFFORT: Upon completion of a draft version of the Ordinance, City and ACWMA staff visited many residential and commercial projects in the City of Dublin to discuss the proposed Ordinance and the impact it may have. None of the Project Managers voiced any opposition to the Ordinance, infact, many commented that they were currently recycling or reusing certain materials. All Project Managers and Superintendents that Staff visited were encouraged to send written comments to the City regarding the Ordinance. To date, no comments have been received. The field meetings also revealed a need to provide C&D recycling serviCe options to the builders and contractors. The ACWMA has produced a pamphlet entitled "Builders Guide to Reuse and Recycling- A Directory for Construction and Demolition Material" to assist builders in locating recycling services and facilities. In addition, City Staff requested that Livermore Dublin Disposal (LDD) submit a proposal to provide C&D recycling services in the City. LDD's proposal was received on February 10, 2000, and indicates that they will provide recycling services for wood, concrete, asphalt, drywall and metal. Staff also located other companies who would be willing to pick up source-separated recyclables in accordance with the City's Municipal Code and Franchise Agreement. Once the initial field contact was made with the builders and their possible issues had been resolved, Staff invited 29 area developers to attend a meeting held in the City's Regional Meeting Room on February 9, 2000. Prior to the meeting, each developer received a complete copy of the Ordinance and a second request for written comments. The City's developers as well as anticipated developers were invited to the meeting. The meeting included City Staff, ACWMA Staff and representatives from Pulte Homes and Toll Brothers. Following a Staff presentation on the Ordinance, the developers were invited to ask questions and discuss possible alternatives. The builders mentioned that they could not see any major problems with the Ordinance and that it did not appear to be overly burdensome. However they did comment that the City's Franchise Agreement with LDD presented the greatest obstacle. They mentioned that they typically hire a site clean-up company to remove waste and recyclables from a construction site. They were concerned that LDD would not be able to provide adequate service at a fair price. Staff promised to work with LDD to ensure that LDD offered competitive waste removal and recycling services. Staff reiterated the fact that while they were required to use LDD for solid waste removal, they were permitted to contract with any company to haul recyclables. IMPLEMENTATION: The following is a list ofh°w current development projects in the City will be affected: · Projects that are in planning or site development review stage will be required to submit a Waste ~ Management Plan (WMP) at the time of the first plan submittal to the Building Division. · Projects that are in Building Division Plan Review shall submit a WMP with the first set of plot plans. · Projects that are under construction but have additional permits to obtain for other buildings, shall submit a waste management plan at the time of the permit request. · Projects that have obtained all permits for projects under construction will not be required to submit a WMP but will be encouraged to meet the 50% diversion goal. Staff Workload It is likely that the C&D Ordinance will generate additional work for Staff, however it is unclear at this time whether the work will be sufficient to require additional staffing. The majority of the work will come from reviewing the WMP and verifying that the diversion requirement has been met. The workload will be limited by the high value threshold for submitting a WMP and by the fact that a WMP will be submitted for an entire project and not for each individual building permit. These factors will limit the number of WMP's reviewed and enforced. In addition, ACWMA Staff has agreed to train all City staff involved in reviewing the WMP's. It is anticipated that the WMP's will be reviewed by City's Community Development staff but that the City's Recycling Coordinator and ACWMA staff will be available to assist with any review questions. There will also be some administrative work for processing the Performance Securities. Staff does not anticipate that this will add significantly to the Community Development Department or the Finance Department workloads. Staff recommends that the City begin implementing the Ordinance with existing staff on a trial basis for the first 6 months after the Ordinance goes into effect. After the initial trial period, Staff can review the workload and re-evaluate any staffing requests. If it is determined that additional staffing is required, Staff may be able to use Measure D funds to help offset the cost. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt the Ordinance requiring that all construction and demolition projects within the City of Dublin diVert at least 50% of all debris from the landfills. CONSTRUCTION AND DEMOLITION DEBRIS ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE ClTY COUNCIL OF DUBLIN AMENDING THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 7.31) (REQUIREMENT TO SUBMIT AND COMPLY WiTH A WASTE MANAGEMENT PLAN FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CiTY OF DUBLIN) TO TAKE EFFECT IMMEDIATELY SECTION 1 a, FINDINGS. The City Council of the City of Dublin does ordain as follows: The City finds that the State of Califomia through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state dived 50% of discarded materials {base year 1990, state methodology) from landfill by December 31, 2000. b, The City finds that every city and county in California, including the City, could face fines up to $10,000 a day for not meeting the above mandated goal. c. The City finds that the voters of Alameda County, through the Waste Reduction and Recycling Act of 1990 (Measure D), have adopted a policy goal to reduce the total tonnage · landfilled of materials generated in Alameda County by 75% by the year 2010. d. The City finds that in 1995, Construction and Demolition (C&D) debris constituted approximately 16% of the materials landfilled in Alameda County and approximately 30% of the waste stream in the City. These materials have significant potential for waste reduction and recycling. ATTACHMENT 1 e. The City finds that reusing and recycling C&D debris is essential to further the City's efforts to reduce waste and comply with AB 939 and Measure D goals. f. The City finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material which is landfilled, increase site and worker safety, and be cost effective. g. The City finds that, except in unusual circumstances, it is feasible to divert an average of at least fifty (50) percent of all C&D debris from construction,, demolition, and renovation projects. h. The city finds that, to ensure compliance with this Chapter and to ensure that those contractors that comply with this Chapter are not placed at a competitive disadvantage, it is necessary to impose a Performance'Security requirement. SECTION 2. CODE SECTIONS. The following sections are hereby added to the Dublin 'Municipal Code. .CHAPTER 7.30. REQUIREMENT TO SUBMIT AND COMPLY WITH A WASTE MANAGEMENT PLAN FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CiTY OF DUBLIN. ARTICLE 2 DEFINITIONS For the purposes of this Chapter 7.30, the following definitions shall apply: 7.30.010. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or 2 pdvate corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City. 7.30.020. "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. 7.30.030. "Construction and Demolition Debris" means 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. 7.30.040. "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan, 7.30.050. "Covered Project" shall have the meaning set forth in Section 7,30.210 of this Chapter. 7.30.060. "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse and recycling. 7.30.070. "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. 7.30.090. "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. 7.30.100. "Diversion Requirement" means the diversion of at least fifty (50) percent of the total Construction and Demolition Debris generated by a Project via reuse or recycling, unless the Applicant has been granted an Infeasible Exemption pursuant to Article 8 of this Chapter, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the Project. 7.30.110. "Noncovered Project" shall have the meaning set forth in Section 7.30.220 of this Chapter. 7.30.120. "Performance Security" means any performance bond, surety bond, money order, letter of credit, or certificate of deposit submitted to the City pursuant to Article 5 of this Chapter. 7.30.130. "Project, means any activity which requires an application for a building or demolition permit or any similar permit from the City. 7.30.140. "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. 7.30.150. "RenOvation'' means any change, addition, or modification in an existing structure. 7.30.160. "Reuse" means further or repeated use of Construction or Demolition Debris. 7.30.170. "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. 7.30.180. "Total Costs" means the total construction value of the project as calculated by'the Building & Safety Division using the City's standard commercial and residential valuation formulas. 7.30.190. "Waste Management Plan" means a completed WMP form, approved by the City for the purpose of compliance with this Chapter, submitted by the Applicant for any Covered or Noncovered Project. 7.30.200. "WMP Compliance Official" means the designated staff person(s) authorized and responsible for implementing this Chapter. ARTICLE-3 THRESHOLD FOR COVERED PROJECTS 7.30.210. Covered Proiects: Ali construction, demolition, and renovation projects within the City, the total costs of which are greater than or equal to $100,000 ("Covered Projects") shall comply with this Chapter 7.30. Failure to comply with any of the terms of this Chapter 7.30 shall subject the Project Applicant to the full range of enforcement mechanisms set forth in ArticlelO, below. 7.30.220. Noncovered Projects: Applicants for construction, demolition, and renovation projects within the City whose total costs are less than $100,000 ("Noncovered Projects") shall be encouraged to dived at least fifty (50) percent of all project-related construction .and demolition debris. 7.30.230. City-SpOnsored Proiects: All citY-sponsored construction, demolition, and renovation Projects, whose total costs are equal to or greater than $100,000, shall be considered "Covered Projects" for the purposes of this Chapter 7.30 and shall submit a Waste Management Plan to the WMP Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of Chapter 7.30. 7.30.240. Compliance as a Condition of Approval: Compliance with the provisions of thiS Chapter shall be listed as a condition of approval on any building or demolition permit issued for a Covered Project. Failure to include such a condition shall not relieve the Project Applicant from complying with this Chapter. ARTICLE-4 SUBMISSION OF WASTE MANAGEMENT PLAN 7.30.250. WMP Forms: Applicants for a plan check involving any Covered Project shall complete and submit a Waste Management Plan ("WMP"), on a WMP form approved by the City for this purpose. The WMP shall be submitted for review .with the first plan check of an individual project or at the first cheCk of a residential master plan in the case of a residential project. The completed WMP shall indicate all of the following: (1) the estimated volume or weight of project C&D debds, by materials type, to be generated; (2) the maximum volume or weight of such materials that can feasibly be diverted via rouse or recycling; (3) the vendor or facility that the Applicant proposes to use to collect or receive that material; (4) the estimated volume or weight of C&D materials that will be iandfilled; and (5) the total square footage of the project. 7.30.260. Calculatinq Volume and Weiqht of Debris: In estimating the volume or weight of materials identified in the WMP, the Applicant shall Use the standardized Conversion Rates approved by the City for this purpose. c. Deconstruction: In preparing the WMP, applicants for a plan check involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. ARTICLE-5 PERFORMANCE SECURITM 7.30.270. Time and Amount of Security: The Applicant for any Covered Project with a total project value greater than or equal to $1,000,000, shall submit a Performance Security before the issuance of a Building or Demolition Permit. For residential projects, a Performance Security shall be submitted for each phase and shall be calculated using the following formula: (Project Square Footage) x (6012000) x ($35) + $2,738. This means that the total square footage of the project shall be multiplied by the average waste generation for all projects types per ton, which is 60 pounds per square foot of project. That number shall then be multiplied by Thirty-Five Dollars ($35) which is the cost of landfilling one ton of material. (This $35 shall be increased annually on July 1, beginning on July 1, 2001, by the increase in the Engineering News Record Cost Construction Index (20 city average) over the preceding July 1 rate.) That number shall then be increased by the project's portion of the estimated fine per day that the City would incur for · violation of AB 939, which is Two Thousand Seven Hundred Thirty-Eight Dollars ($2,738). This number results frOm the fact that C&D waste equals thirty percent (30%) of waste disposed in landfill, based on 400 completed projeCts per year, with a Ten Thousand Dollar ($10,000) per day fine that the City will pay for the violation of AB 939 for 365 days before achieving 50% diversion [.30 x ($10,000 x 365) / 400]. 7.30.280. Form of Security: Acceptable forms of Performance Security include the following: Performance Bonds; Surety Bonds; Money Orders; Letters of Credit; Certificates of Deposit, and Cash. ARTICLE-6 REVIEW OF WMP 7.30.290. Approval: Notwithstanding any other provision of this Code, no plan check shall be approved for any Covered Project unless and until the WMP Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met: (1) the WMP provides all of the information set forth in Article 4 of this Chapter and (2) the WMP indicates that at least fifty (50) percent of all C&D debris generated by the Project will be diverted. If the WMP Compliance Official determines that all of the above conditions have been met, he or she shall mark the WMP "Approved", return a copy of the WMP to the Applicant, and notify the Building & Safety Division that the WMP has been approved. 7.30.300. Nonapproval: If the WMP Compliance Official determines that the WMP is incomplete or fails to indicate that at least.fifty (50) percent of all C&D debris generated by the Project will be mused or recycled, he or she shall either: (1) Return the WMP to the Applicant marked "Denied", including a statement of reasons, and so notify the Building & Safety Division, which shall then immediately stop processing the plan check, or (2) Return the WMP to the Applicant marked "Further Explanation Required." ARTICLE-7 COMPLIANCE WITH WMP 7.30.310. Documentation: Within 30 days after the issuance of a certificate of occupancy, or at the time of issuing the last certificate of occupancy for units within a residential phased project of any Covered Project, the Applicant shall submit to the WMP Compliance Official documentation that it has met the Diversion Requirement for the Project. The Diversion Requirement shall be that the Applicant has diverted at least fifty (50) percent of the total C&D debris generated by the Project via reuse or recycling, unless the Applicant has been granted an Impossibility Exemption pursuant to Article 8 of this Chapter, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the Project. This documentation shall include all of the following: (1) Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material; (2) A copy of the previously approved WMP for the Project adding the actual volume or weight of each material diverted and landfilled; (3) Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this Chapter 7.30. 7.30.320. Weiqhinq of Wastes: Applicants shall make reasonable efforts to ensure that ali C&D debris'diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris 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 standardized Conversion Rates approved by the City for this purpose. 7.30.330. Determination of Compliance and Release of Performance Security: The WMP Compliance Official shall review the information submitted under Section 7.30.310 of this Chapter and determine whether the Applicant has complied with the Diversion Requirement, as follows: 7.30.340 Full Compliance: If the WMP Compliance Official determines that the Applicant has fully complied with the Diversion Requirement applicable to the Project, he or she shall cause the full Performance Secudty to be released to the Applicant within 30 days of the Applicant's submission of the documentation required under Section 7.30.310 of this Chapter. 7.30.350 Good Faith Effort to Comply: If the WMP Compliance Official determines that the Diversion Requirement has not been achieved, he or she shall determine on a case-by- case basis whether the Applicant has made a good faith effort to comply with this Chapter 7.30. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debris landfilled, the size of the Project, and the documented efforts of the Applicant to divert C&D debris. If the WMP Compliance Official determineS that the Applicant has made a good faith effort to comply with this Chapter 7.30, he or she shall release the Performance Security, or a percentage thereof, to the Applicant within 30 days of the Applicant's submission of the documentation required under Section 7.30.310 of this Chapter. 7.30.360. Noncompliance: If the WMP Compliance Official determines that the 10 Applicant has not made a good faith effort to comply with this Chapter 7.30, or if the Applicant fails to submit the documentation required by 7.30.310 of this Chapter within the required time period, then the Performance Security shall be forfeited to the City. All forfeited Performance Securities shall be deposited into a special account and used for the purposes of promoting recycling within the City. ARTICLE-8 INFEASIBLE EXEMPTION 7.30.370. Application: If an Applicant for a Covered Project experiences unique circumstances that the Applicant believes make it infeasible to comply with the Diversion Requirement, the Applicant may apply for an exemption at the time that he or she submits the WMP required under Article 4 of this Chapter. The AppliCant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the Diversion Requirement. 7.30.380. Meetinq with WMP Compliance Official: The WMP Compliance Official shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. Upon request of the City, the WMP .Compliance Official may request that staff from the Alameda County Waste Management Authority attend this meeting or may require the Applicant to request a separate meeting with Alameda County Waste Management Authority staff. Based on the information supplied by the Applicant and, if applicable, Alameda County Waste Management Authority staff, the WMP Compliance Official shall determine whether it is possible for the Applicant to meet the Diversion Requirement. 11 7.30.390. · Grantinq of Exemption: If the WMP Compliance Official determines that it is infeasible for the Applicant to meet the Diversion Requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the Applicant. The WMP Compliance Official shall return a copy of the WMP to the Applicant marked "Approved for Infeasible Exemption" and shall notify the Building & Safety Division that the WMP has been approved. 7.30.400. Denial of Exemption: If the WMP Compliance Official determines that it is possible for the Applicant to meet the Diversion Requirement, he or she shall so inform the Applicant in writing. The APplicant shall have 30 days to resubmit a WMP form in full compliance with ArtiCle 4 of this Chapter. If the Applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Article 4 of this Chapter, the WMP Compliance Official shall deny the WMP in accordance with Section 7.30.300 of this Chapter. ARTICLE-9 APPEAL 7.30.410. Appeals of a determination made under this Chapter shall be made to the City Council pursuant to Section 1.04.050 of the Dublin Municipal Code and shall be limited to the · following issues: (1) the granting or denial of an exemption; (2) whether the applicant has made a good faith effort to comply with the WMP, and (3) the amount of security to be released. ARTICLE-10 ENFORCEMENT 7.30.420. Violation of any provision of this Chapter 7.30 may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or 12 judicial, 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 this Chapter 7.30. 7.30.430. Violation of any provision of this Chapter 7.30 shall constitute an infraction punishable by a fine not to exceed $100 for the first violation, a fine not to exceed $200 for the second violation within one year, and a fine not to exceed $500 for each additional violation within one year. There shall be a separate infraction for each day on, which a violation occurs. Where the violation is the failure to achieve the Diversion Requirement applicable to the Project and the C & D materials from the Project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. The City shall recover costs and attorneys' fees incurred in connection with enforcement of this Chapter. 7.30.440. Enforcement pursuant to this Article shall be undertaken by the City through its Community Development Director and the City Attorney. SECTION 3 SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter 7.30, or any part thereof is for any reason held to be unconstitutional or invalid or · ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter 7.30 or any part thereof. The City Council hereby declares that it would have passed each section, subSection, subdivision, paragraph, sentence, clause or phrase of this Chapter 7.30 irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provision of this Chapter are declared to be 13 severable. SECTION 4 EFFECTIVE DATE AND POSTING OF ORDINANCE It is necessary that this ordinance take effect immediately to ensure that the City will meet the requirements of AB 939. Failure to meet these requirements would subject the City to $10,000 per day in penalties by the Integrated Waste Management Board. Such penalties would be a severe burden on the City. Diversion of C&D waste pursuant to this Chapter would assist the City in meeting the diversion requirements of AB 939. This ordinance is therefore required for the immediate preservation of the public peace, health and safety,, and this ordinance shall take effect immediately pursuant to Government Code §36937(b). The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Govemment Code of the State of Califomia. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this day of ,2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor' City Clerk 14 Alameda County Waste Management Authority lameda County Source Reduction and Recycling Board www. stopwaste.org CITATION HOMES RECYCLES 86% OF NEW CONSTRUCTION WASTE HIGHLIGHTS The Project: · 95 four- and five-bedroom single- family homes · Home size: 1,875-2,300 square feet · Construction budget: approximately $13 million · Constmction type: wood.frame · Location: Union City Recycling Benefits: · 86% of project waste recycled (an average of 11 tons/house), including: · . '662 tons of wood · 74 tons of cardboard and paper · 116 tons of concrete, dirt and asphalt · 31 'tons of copper, aluminum, tin and steel · 161 tons of gypsum sheetrock Additional Benefits: · Lower cost than landfill disposal · Cleaner site, less hazardous · Extra laborers supplied on short notice General Contractor: Citation Homes Santa Clara, CA Recycling Subcontractor: Green Waste Recovery, Inc. San Jose, CA Lower Costs, Cleaner Site Construction and demolition activities generate over a quarter-million tons of debris per year in Alameda County. New construction, in particular, provides good opportunities to keep materials out of our landfills through recycling, as demonstrated by Citation Homes in Union City. 11 Tons per House Recycled Working with recycling subcontractor Green Waste Recovery, Inc., Citation Homes recycled 1044 tons of debris during the construction of the first phase of Inspirations at Foothill Glen housing development. An average of 11 tons of waste was recycled for each of the 95 homes built. This unusually high rate of recycling -- 86% -- makes Citation Homes a recycling leader in the county. Green Waste Recovery submitted a bid for subcontracting the recycling during the preconstmction phase of the project. Citation Homes, which builds in Union City, Santa Clara and San Jose, has a policy of recycling "whenever we can get a subcontractor to recycle for the same price or less as landfill disposal," says Cy Hotovec, Construction Manager. ".All of us ShoUld do what we can to keep things green for the next generation' Citation Homes recycles whenever we can.., and it makes economic sense, too.' --Cy Hotovec Construction Manager, . Citation Homes A'I-I'ACHMENT 2 Less Expensive than Landfill The recycling subcontractor brought in six-cubic-yard stackable containers. The small containers could be moved with a forklif~ as needed. Green Waste Recovery provided an on-site laborer who placed all recyclable materials in the containers. Debris was taken to Green Waste Recovery's permitted facility in San Jose, where it was sorted and recycled. "We operate in 17 cities in Alameda, Santa Clara and San Mateo County. We work fast, keep the site picked up and are less expensive than landfill dumping," says Green Waste Recovery Marketing Manager Michael Gross. Safer Work Site Citation Homes Tract Superintendent Bob Chimpky says recycling improved safety and efficiency. "At some tracts, you have to walk over debris to get to a house. It's a hazard. With recycling, we have a cleaner, safer site." A bonus for Chimpky was Green Waste Recovery's ability to summon extra laborers on short notice, for cleanup or other construction needs. "That made it easier for me," Chimpky says. A Benefit to Union City Union City is the fastest-growing city in Alameda County, with 450 homes and over 800,000 square feet of commercial construction starting in the next year. California law, AB 939 (Sher), requires every city and cOunty to reduce landfill disposal by 50% between 1990-2000. Alameda County has an even more aggressive goal to reduce disposal by 75% by the year 2010. "Citation Homes' recycling provides real benefit to Union City," says Building Code Compliance Inspector Glenn R. Kirby. "Citation Homes is helping the city comply with the law, and giving us a chance to provide a recycling model that others can emulate." 1044 Tons Didn't Get Dumped in Landfill--- Where Did It Go? · Wood waste became mulch or fuel for co-generated power · Clean gypsum drywall was used as soil amendment · Paper and cardboard were made into new cardboard · Concrete, asphalt and stucco were crushed for road base · Metals were purchased by metal dealers · Soil was used as fill material · Roof files were used or recycledby the roofer "Everything's clean, picked up,. and the debris is.all gone -- every day. I can't see anyone not recycling." Bob Chimpky Tract Superintendent, Citation Homes General Contractor: Citation Homes 404 Saratoga Ave. Santa Clara, CA 95050 408-985-6000 Cy Hotovec, Construction Manager Recycling Subcontractor: Green Waste Recovery, Inc. 625 Charles St. San Jose, CA 95112 408-283-4828 Terry Benedict, Director of Sales & Market'mg FOR MORE INFORMATION The Alameda County Waste Management Authority offers free technical assistance to construction and demolition contractors. For more informations call the Alameda County Recycling Hofline toil free:' 1-877-STOPWASTE or visit: www. stopwaste.org Printed on recycled paper Many of the materials generated from your project can be recycled. You are required to list materials that will be reused, recycled or disposed from your project. The required goal is to reuse or recycle at least 50 % of project waste. Use tons or cubic yards to quantify total estimated waste and percentages for materials. Ask your hauler, recycler or site cleanup vendor to assist you with this plan. Receipts of all recycling and disposal must be submitted within 30 days after project completion. Project Name: Location: Building Type: Total Square Footage: Type of Project: El New Construction El Demolition Type of Construction (wood frame, concrete, steel, etc.): Applicant: Phone: Company Name: See attachments for: Conversion Rates Sample Waste Management Plans · Builders Guide to Reuse and Recycling Questions? Call Jason Behrmann at 833-6650 Submit this form and the attached Waste Management table to: City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 A1-FACHMENT 3 Total Estimated Waste Generated by Project: tons/cubic yards (Ask your hauler or recycler to assist you. Use receipts from your previous jobs for estimates) Material Est. Percent Est. Est. Vendor or ACtual Waste Amount/ of Total Percent Percent Facility Comments Waste Reused/ Disposed Recycled Asphalt/Concrete Dirt Brick/Masonry Wood Metals Doors, windows, cabinets, fixtures Other (painted wood, drywall) Trash Total 100% N/A Was "deconstruction" or salvage considered as an option to traditional demolition? [] Yes [] No If "no", explain: Other Comments: Prepared by: Date: Signature: Total Estimated Waste Generated by Project: tons/cubic yards (Ask your hauler or recycler to assist you. Use receipts from your previous jobs for estimates) Material Est. Est. fist. Vendor or Actual Waste Amount/ · Percentage Reused/ Disposed Facility Comments of Total Recycled Waste Asphalt/Concrete Dirt Wood Metals Drywall Cardboard Stucco Other (carpet, roofing, plastics) Trash Total 100% N/A Did you recycle your jobsite waste in the past? [] Yes [] No Did you have difficulties finding recycling vendors? [] Yes [] No If there are no plans to recycle jobsite waste, explain why: Other Comments: Prepared by: Date: Signature: Conversion Rates Material Lbs/cy Tons/cy Cy/ton Wood 300 Ibs/cu.yd. 0.15 tons/cu.yd. 6.7 cu yds/ton Cardboard 100 Ibs/cy.yd. 0.05 tons/cu.yd. 20 cu yds/ton Drywall 500 Ibs/cu.yd. 0.25 tons/cu.yd. 4 cu.yds/ton Concrete/Asphalt 1400 Ibs/cu.yd. 0.7 tons/cu.yd. 1.4 cu. yds/ton Mixed Waste 350 Ibs/cu.yd. 0.175 tons/cu.yd. 5.7 cu.yds/ton Source: Resource Efficient Building (1994), Metro Solid Waste Department, Portland, Oregon Use the above conversion factors and receipts from previous projects to help you estimate the potential amount of recyclable materials and waste from your project. Again, your hauler or recycler may ass st you in estimating these numbers.