HomeMy WebLinkAboutOrdinance 1897 (Construction & Demolition Materials Recovery)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1897 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DELETING
FROM THE SAN RAFAEL MUNICIPAL CODE CHAPTER 12.46 (REQUIREMENT TO
DIVERT CONSTRUCTION AND DEMOLITION DEBRIS FROM LANDFILL, AND
ADDING NEW CHAPTER 12.46 (CONSTRUCTION AND DEMOLITION MATERIALS
RECOVERY)
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 1 st day of August, 2011, a
SUMMARY of Ordinance No. 1897 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 15th day of August, 2011, by the following vote, to wit:
AYES
COUNCILMEMBERS:
Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
WITNESS my hand and the official
seal of the City of San Rafael this
19th day of August, 2011
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ESTHER C. BEIRNE
City Clerk
ORDINANCE NO.1897
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DELETING FROM THE SAN RAFAEL MUNICIPAL CODE CHAPTER 12.46
(REQUIREMENT TO DIVERT CONSTRUCTION AND DEMOLITION DEBRIS FROM
LANDFILL, AND ADDING NEW CHAPTER 12.46 (CONSTRUCTION AND
DEMOLITION MATERIALS RECOVERY)
WHEREAS, the State of California through Assembly Bill 939, the California Waste
Management Act of 1989, and Senate Bill 1016, the Alternative Compliance Act of 2008,
requires that each local jurisdiction in the state divert 50% of discarded materials from landfill
garbage disposal on a per capita basis; and
WHEREAS, 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; and
WHEREAS, the State of California through Assembly Bill 32, the California Global Warming
Solutions Act of 2006, requires that commercial generators statewide participate in recycling
programs; and
WHEREAS, the City has conducted a Greenhouse Gas Inventory and determined that
approximately fourteen percent (14%) of greenhouse gasses generated by the community of
San Rafael in 2005 was associated with waste disposal; and
WHEREAS, the City Council on April 6, 2009 adopted the San Rafael Climate Change Action
Plan which includes programs to achieve reductions in community greenhouse gas emissions,
including Program LF11 which calls for adoption of a Zero Waste Goal and a Zero Waste
Strategic Plan to reduce the landfilling of waste; and
WHEREAS, the City continues to make progress in maintaining the disposal reduction
requirements of the state recycling law, but additional efforts, particularly in the recycling of
paper, cardboard, glass, and other recyclable materials generated by businesses, will assist the
City in maintaining and exceeding the goal of diverting waste from landfill disposal. The City
desires to implement programs to achieve the Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) goal to increase the diversion of materials from
landfill and transformation facilities to an eighty percent (80%) diversion level by 2012 and a
ninety-four percent (94%) diversion level by 2025, ensuring that resources are used to their
highest potential, and that upstream waste and Marin's ecological footprint are reduced; and
WHEREAS, inert and mixed construction and demolition (C&D) waste constitutes approximately
16% of the materials landfilled in Marin County and a similarly large portion of the waste stream
in the City, indicating that such waste has a significant potential for reduction and recycling; and
WHEREAS, C&D waste reduction and recycling have been proven to reduce the amount of
such waste in landfills, to increase site and worker safety, and to be cost effective; and
WHEREAS, it is deemed feasible to divert on average one hundred percent (100%) asphalt
and concrete, and at least seventy percent (70%) of all remaining C&D debris from most
construction, demolition, and renovation projects in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1: The City Council finds as follows:
A. The adoption of this ordinance is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA
Guidelines (14 Cal. Code §15308) because it is an action taken by a regulatory agency
for the protection of the environment and no exceptions to this categorical exemption
apply.
B. The proposed City code amendments are consistent with the policies and programs of
the San Rafael General Plan 2020, including Conservation Element Policy CON -21
(Waste Reduction/Recycling), Program CON -21 a (Recycling), Program CON -21e
(Recycling), Sustainability Element Policy SU -9 (Zero Waste) and Programs SU -9f
(Construction Debris) and SU -9g (Reuse Facilities) in that the proposed recycling
requirements will result in greater use of recycled and reused materials and reduction in
the waste stream.
C. The public health, safety and general welfare will not be adversely impacted by the
proposed City code amendments which reduce production of methane and other
greenhouse gases, and generation and landfilling of waste products.
DIVISION 2: Chapter 12.46 (Requirement to Divert Construction and Demolition Debris from
Landfill) of the San Rafael Municipal Code is hereby deleted and a new Chapter 12.46
(Construction and Demolition Materials Recovery) is hereby added to read as follows:
Chapter 12.46 Construction and Demolition Materials Recovery.
Sections:
12.46.010
Definitions
12.46.020
Recovery Report Required
12.46.030
Recovery Report Exemptions
12.46.040
Certified Recovery Facilities
12.46.050
Use of Avoided Disposal Regulatory Fees
12.46.010 DEFINITIONS
"Alternative Daily Cover (ADC)" means disposal facility cover material, other than
organic waste and at least six (6) inches of earthen material, placed on the surface of the active
face of the refuse fill area at the end of each operating day to control vectors, fires, odor,
blowing litter and scavenging, as defined in Section 20164 of the California Code of
Regulations.
"Avoided Disposal Regulatory Fee" means a fee equal to three percent (3%) of the
value of the project, not to exceed ten thousand dollars ($10,000) or such fee as may hereafter
be set by City Council resolution.
"Certifying Agency" means the Marin County Hazardous and Solid Waste Management
Joint Powers Authority or such other competent agency approved by the City for certification of
Certified Recovery Facilities.
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"Construction and demolition waste (C&D waste)" means used or discarded materials
removed from premises during construction or renovation of a structure resulting from
construction, remodeling, repair, deconstruction or demolition operations on any pavement,
house, commercial building or other structure.
"Certified Recovery Facility" means a recycling, composting, materials recovery or re-
use facility determined to process incoming C&D waste to divert from landfill or transformation
for which the certifying agency has issued a certification.
" C&D Diversion Report" means a report submitted by a permittee, on a form approved
by the City Official, which contains an estimate of the amount of C&D waste generated by the
project, documentation of the diversion of C&D waste, including recycling, reuse and Certified
Recovery Facility receipts, and such additional information deemed necessary by the City
Official to document accomplishment of the requirements of this Chapter.
"Deconstruction Project" means a process to carefully dismantle or remove useable
materials from structures, as an alternative to demolition.
"City Official" means the Chief Building Official, or his or her designee.
"Diversion" or "Diverted" means a reduction of the amount of C&D waste being disposed
in a landfill or transformation facility by any of the following methods:
1. Use of new construction methods, as described in regulations promulgated by the
City Official, that reduce the amount of waste generated.
2. On-site or off-site reuse of the waste.
3. Delivery of the waste from the project site to a Certified Recovery Facility or other
approved facility described in Section 12.46.040.
4. Other methods as approved in regulations promulgated by the City Official.
"Joint Powers Authority" or "JPA" means Marin County Hazardous and Solid Waste
Management Joint Powers Authority.
"Permittee" 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 obtains the applicable building permit under Chapter 12.12 to
undertake any construction, demolition or renovation project within the City.
"Project" means a construction, demolition or renovation project for which a building
permit is required under Chapter 12.12 of this code, with the exception of a project exempted
under Section 12.46.030.
"Recycling" means the process of collecting, sorting, cleansing, treating and
reconstituting materials such as newsprint, mixed paper, glass containers, aluminum beverage
containers, small scrap and cast aluminum, steel including "tin" cans, empty aerosol cans,
bimetal containers, plastic bags, plastic food containers, #1-7 plastics regardless of form or
mold, aluminum foil and pans that would otherwise become solid waste and returning them for
use or reuse in the form of raw materials for new, used or reconstituted products which meet the
quality standard necessary to be used in the market place. Recycling does not include
transformation as defined in Public Resources Code §40201.
"Reuse" means using an object or material again, either for its original purpose or for a
similar purpose, without significantly altering the physical form of the object or material.
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12.46.020 C&D DIVERSION REPORT REQUIRED
Upon the effective date of this Chapter each permittee who obtains a building permit for
a Project subject to this Chapter shall submit a C&D Diversion Report to the Building Division
prior to final inspection of the project and granting of occupancy. Prior to obtaining any final
inspection and grant of occupancy from the Building Division, the permittee shall pay an
Avoided Disposal Regulatory Fee if the City Official determines that the permittee has not
satisfied the diversion requirements of this Chapter.
12.46.030 C&D DIVERSION REPORT EXEMPTIONS
A. A C&D Diversion Report shall not be required for the following:
1. Deconstruction Projects.
2. Work for which a building permit is not required under Chapter 12.12 of this
code.
3. Renovations of existing residential or non-residential structures of less than
$10,000 in construction valuation.
4. Removal and reinstallation of roof covering materials.
5. Work for which only a plumbing, electrical, or mechanical permit is required.
6. Voluntary residential seismic retrofit projects.
7. Installation or replacement of shelves.
8. Installation of pre -fabricated patio enclosures and covers where no
foundation or other structural building modifications are required.
9. Installation of swimming pools and spas, provided that the exemption shall
apply only to (1) the area to be excavated for the installation of the pool or spa and (2) the area
for the pad for the pool/spa equipment that does not exceed sixteen square feet; and shall not
apply to any related construction or alterations necessary for any other equipment or
accessories, nor to any other portion of the project.
10. Installation of pre -fabricated accessories such as signs or antennas where no
structural building modifications are required.
B. No Project shall be segmented into smaller projects for the purpose of evading the
requirements of this Chapter.
12.46.040 CERTIFIED C&D RECOVERY FACILITIES
A. The Certifying Agency may certify a facility as a Certified C&D Recovery if the
owner or operator of the facility has submitted the following documentation satisfactory to the
Certifying Agency:
1. The facility has obtained all applicable Federal, State, and local permits, and
is in full compliance with all applicable regulations; and
2. The percentage of incoming materials from construction, demolition, and
alteration activities that is diverted from landfill disposal and from use as ADC meets the
minimum diversion requirement as established in Section 12.46.050.
B. Until such time as the Certifying Agency has certified one or more Certified C&D
Recovery Facilities, the following facilities shall be accepted:
1. Marin Resource Recovery Center, and
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2. Redwood Landfill Recycling Center
3. Such other facilities as are licensed by the California Integrated Waste
Management Board for receipt of solid waste.
C. Facilities that fail to achieve the minimum diversion requirements to obtain certification
as a Certified C&D Recovery Facility may request and receive a temporary certification
from the Certifying Agency provided they have:
1. Complied with all of the certification requirements other than the minimum
diversion requirement;
2. Demonstrated, to the Certifying Agency's satisfaction, a good faith effort to
achieve the minimum diversion requirement; and
3. Met any and all other requirements that the Certifying Agency may establish
for issuing any such temporary certification.
D. The City shall make available to each building permit applicant a current list of
Certified C&D Recovery Facilities.
12.46.050 DIVERSION REQUIREMENTS
Diversion requirements for a Project and for a Certified C&D Recovery Facility shall be a
minimum of seventy percent (70%) on or after the effective date of this Chapter, and shall
increase to 80% by December 31, 2012, to 85% by December 31, 2015, to 90% by December
31, 2018 and to 94% by December 31, 2025.
12.46.060 USE OF AVOIDED DISPOSAL REGULATORY FEES
A. Moneys received by the City as Avoided Disposal Regulatory Fees shall be used
only for:
1. Costs of administration of the program established by this Chapter;
2. Cost of programs whose purpose is to divert the waste from construction,
demolition, and alteration projects from landfill disposal, transformation and use as ADC; and
3. Costs of programs whose purpose is to develop or improve the infrastructure
needed to divert the waste from construction, demolition and alteration projects from disposal in
a landfill, transformation facility or use as ADC.
DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more section, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 4: A summary of this ordinance shall be published and a certified copy of the full text
of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted. The Ordinance shall be in full force and effect thirty (30)
days after its final passage and the summary shall be published within fifteen (15) days after
adoption, together with the names of the Councilmembers voting for or against same, in the
Marin Independent Journal, a newspaper of general circulation published and circulated in the
City of San Rafael, County of Marin, State of California.
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Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this ordinance along with the names of those
Councilmembers voting for or against the ordinance.
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ALBER J. BORO, Mayor
ATTEST:
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ESTHER BEIRNE, City Clerk
The foregoing Ordinance No. 1897 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, California, held on the 1st day of August, 2011
and ordered passed to print by the following vote, to wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers:
Brockbank, Connolly, Heller & Mayor Boro
None
Levine
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 15th day of August, 2011.
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ESTHER BEIRNE, City Clerk
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