HomeMy WebLinkAboutMINUTES - 05252004 - C25 Contra
TO: BOARD OF SUPERVISORS
-` Costa
FROM: INTERNAL OPERATIONS COMMITTEE
DATE: APRIL, 13, 2004 -- ---- n9ounty
0.0
SUBJECT: ORDINANCE REGULATING THE QUANTITY OF CONSTRUCTION AND
DEMOLITION DEBRIS DISPOSED IN LANDFILLS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. INTRODUCE Ordinance No. 2004-16 regulating the quantity of construction and
demolition debris disposed in landfills as required by State law; WAIVE reading; and FIX
June 8, 2004 for adoption.
2. DIRECT the County Counsel to prepare and introduce to the Board an amendment to
County Ordinance Code section 14e8.008(a)(2) to provide the Building Inspection
Department with the authority to issue citations for violations of this new ordinance.
3. DIRECT the County Administrator to work with the County's legislative representatives to
secure legislative amendments to provide counties with authority to require deposits as
security for compliance with County ordinances.
4. REFER the new Ordinance to the Contra Costa Mayors' Conference with a
recommendation that cities consider adopting similar ordinances.
CONTINUED ON ATTACHMENT: YES SIGNATURE-
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6_ECOVIMENDATION OF COUNTY ADMINISTRATOR __L,,.- cCOMMENJA II NOF BOARS?COMMITTEE
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ACTION
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ACT:ON OF BOARD ONS APPROVE AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS :HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED
- UNANIMOUS(ABSENTy '` - ._) ON THE MINUTES OF THE BOARD OF SUPERVISORS
ON THE DATE SHOWN
AYES: _NOES: ATTESTED: MAY 25,2004
ABSENT: ABSTAIN: JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CONTACT: JULIE ENEA(925)335-1077 BY � � �"�!� 1 �`+ �'�;� ,DEPUTY
CC: INTERNAL OPERATIONS COMMITTEE STAFF
DENNIS BARRY,COMMUNITY DEVELOPMENT DIRECTOR
DEIDRA DINGMAN,SOLID WASTE PROGRAM MANAGER
CARLOS BALTODANO,BUILDING€NSPECT€ON DIRECTOR
LILLIAN FUJII,DEPUTY COUNTY COUNSEL
LARA DE LANEY,CAO MANAGEMENT ANALYST
Demolition [febris Ordinance April 19, 2004
Internal Operations Committee Page 2
FISCAL IMPACT
Administration of the ordinance will require coordination between the Community
Development and Building Inspection Departments, and will require staff hours in the
Community Development Department to review required submittals, respond to questions or
objections, evaluate requests for exemptions and adjustments, and respond to any appeals.
The level or cost of those efforts cannot yet be determined. Casts of administering the new
ordinance will be paid from solid waste franchise fees and building permit fees.
Penalties for non-compliance will be collected through the Superior Court and distributed in
accordance with existing formulas for general fines and forfeitures.
BACKGROUND
California's Integrated Waste Management Act, which originally passed in 1939 and has since
been amended, requires each jurisdiction within the State to reduce the amount of waste
disposed in landfills by 50% by the year 2000 and every year thereafter. To comply with the
Act, the County developed a Source Reduction and Recycling dement that included
numerous programs that the County agreed to implement to reach the 50% reduction.
One such program that has yet to be fully implemented is adoption of a County policy
requiring the separation of recyclable materials on jobsites. On March 25, 2003, the Board of
Supervisors referred to the Internal Operations Committee (IOC) the development of an
ordinance requiring the recycling of construction and demolition debris that would apply
recycling requirements on the construction of certain new structures, and on the demolition
and renovation of some existing structures in the unincorporated County.
On June 2, 2003, staff from the Community Development Department presented to the IOC
ordinances adopted by the cities of Walnut Creek and Lafayette, and requested guidance
from the IOC on development of a County ordinance. The IOC and staff considered several
issues in preparing the ordinance, including:
u What unit of measurement should trigger the ordinance?
Community Development Department staff subsequently recommended that the
ordinance should apply to construction or demolition projects that are 5,000 square feet in
size or greater, The ordinance requires owners of such construction or demolition
projects to demonstrate that at least 50% of the construction and demolition debris
generated on the jobsite are reused, recycled or otherwise diverted.
u Now strict should the ordinance be? In limited markets, will a good faith effort to comply
suffice?
Full compliance will be the goal, but the Community Development Director shall consider
the availability of markets for the specific construction and demolition materials disposed
Demolition debris Ordinance April 19, 2004
Internal Operations Committee page 3
and the documented efforts of the owner to full comply in making a determination of
"good faith effort compliance".
What should be the mechanism for enforcement of the ordinance: an advance deposit or
ad hoc fines?
Although our Committee preferred an advance deposit as the mechanism to enforce the
ordinance, the County Counsel determined that, unlike cities, counties do not have
statutory authority to compel the forfeiture of property for noncompliance with ordinances
for which the non-compliance has no remedy, as in the case of this ordinance. Violations
of this ordinance would be punishable by (1) a fine not exceeding $100 for a first violation;
(2) a fine not exceeding $200 for a second violation of the same ordinance within one
year; or(3) fine not exceeding $500 for each additional violation of the same ordinance
within one year.
The primary inducement for compliance with the new ordinance is that the issuance of the
building permit is conditioned upon compliance with the approved Debris Recovery Plan
(described below).
Our Committee recommends that the Board of Supervisors direct the County
Administrator to work with the County's legislative representatives to secure legislative
amendments to provide counties with authority to require deposits as security for
compliance with County ordinances.
o low would the Administrative Penalty Ordinance work with this ordinance?
The administrative penalties allowed under the Administrative Penalty Ordinance apply to
building and zoning code violations, environmental health violations, and tobacco retailer
license violations, and are not currently applicable to violations of the construction/
demolition debris ordinance. It may be possible to expand the Administrative Penalty
Ordinance to encompass the new ordinance, but that would require further study. If
administrative penalties were applied to the new ordinance in lieu of fines, 100% of the
penalties would accrue to the County.
• What is the procedure for administering the ordinance and what are the responsibilities of
all parties under the ordinance?
• Applicant (either Owner or Contractor) applies to the Application and Permit Center for
building/demolition permit(s).
• If the proposed project involves construction, renovation or demolition of 5,000 or
more square feet, the Community Development Department (CDD) would place a hold
on the issuance of the building/demolition permit(s) until a completed Debris Recovery
Plan is submitted and the final inspection until a completed DebrisRecovery Report is
received. Building Inspection Department (BID) Plan Checkers would act as the
Demolition Debris Ordinance April 19, 2004
Internal Operations Committee Page 4
second lire of defense to assure Folds are placed on all covered projects.
• Upon approval of the completed Debris Recovery Plan, CDD would release the bold
on the issuance of the building/demolition permit(s).
• Owners may submit with their Debris Recovery Plan a Diversion Requirement
Adjustment if, due to the nature of the materials to be generated from a project, they
believe they cannot meet the 50% diversion requirement. CDD would evaluate
request and inform the Owner whether a Diversion Requirement Adjustment would be
granted.
• After the construction, renovation and/or demolition activities have been completed
and the Owner has submitted a completed Debris Recovery Report (including required
documentation such as receipts), CDD would release the hold on the Final Inspection.
• Based on the completed Debris Recovery Report and required documentation, CDD
would determine whether the Owner complied with the ordinance or not (either full
compliance or good faith effort compliance).
• If CDD determines that the Owner failed to comply, then BID would issue a citation for
violation of the County Code, resulting in fines $100 for the first offense, $200 for the
second offense and $500 for the third offense, plus any court fees.
a The County's ordinance should be able to serve as a model that can be introduced to the
Mayors' Conference.
Our Committee recommends that the new ordinance be referred to the Contra Costa
Mayors Conference with a recommendation from the Board of Supervisors that cities
consider adopting similar ordinances. However, cities may elect to utilize advance
deposits rather than fines to erasure compliance with their ordinances since they already
have express statutory authority to do so.
Our Committee would like to express its appreciation to the staff of the Community
Development Department, Building Inspection Department, and County Counsel who worked
diligently and cooperatively to develop the new ordinance.
ORDINANCE NO. 2004- 16
(Construction and Demolition Debris Recovery)
The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the
parenthetical footnotes from the Official text of the enacted or amended provisions of
the County Ordinance Code):
SECTION 1. SUMMARY: This ordinance adds Chapter 418-14 to the County Ordinance
Code to regulate the management of construction and demolition debris. This
ordinance requires owners of all construction or demolition projects that are 5,000
square feet in size or greater to demonstrate that at least 50% of the construction and
demolition debris generated on the jobsite are reused, recycled or otherwise diverted
(unless a diversion adjustment is granted).
SECTION 11. Chapter 418-14 is added to the County Ordinance Code to read
Chapter 418-14
Construction and Demolition Debris Recovery
418-14.002 Purpose. The purpose of this ordinance is to reduce the quantity of
construction and demolition debris disposed in landfills as required by State law.
(Ord. 2004-16 § 2.)
418-14.004 Definitions. For the purposes of this chapter, the following
definitions shall apply:
(a) ",Applicant" means any person designated by an owner to submit an
application for a building or demolition permit to the County Building Official for a
covered project.
(b) "Construction and demolition debris" means all materials removed or left
over from a covered project.
(c) "Conversion factor" means the value set forth in the standardized volume-
to-weight conversion table approved by the Director pursuant to this chapter for
use when materials cannot be weighed as required by Section 418-14.014.
(d) "Debris recovery plan" means a Department or Director-approved debris
recovery plan form, completed by the owner. The debris recovery plan shall
identify types of construction and demolition debris to be generated from the
Ord.2004-16
4-
covered project, how each material will be managed, and the name of each
facility or service provider the owner will use to manage each material.
(e) "Debris recovery report" means a Department or Director-approved debris
recovery report form, completed by the owner. The debris recovery report shall
identify the amount of each material generated from the covered project, how
each material was managed, and the name of each facility or service provider
used to manage materials.
(f) "Department" means the Community Development Department.
(g) "Director' means the Community Development Director or his or her
designee.
(h) "Divert" means to use material for any purpose other than disposal in a
landfill, including, but not limited to, reuse, salvage and recycling.
(i) "Diversion requirement" means at least 50% by weight of the total
construction and demolition debris generated by a covered project is diverted,
unless the owner has been granted a diversion requirement adjustment pursuant
to Section 418-14.012, resulting in an alternative diversion requirement.
0) "Facilities" means recycling and salvage/reuse establishments, transfer
stations and landfills.
(k) "Recycling" means the material will be processed and made into new
products or materials.
(1) "Renovation" means any change, addition or modification to an existing
residential or commercial structure.
(m) "Reuse" means the material will be used again in its original form.
(n) "Service provider" means a company that provides recycling, reuse,
collection or disposal services.
(Ord. 2004-16 § 2)
418-14.006 Covered projects. (a) "Covered project" means a construction,
renovation or demolition project for which a building permit or a demolition permit is
required, covering 5,000 square feet or more. For the purposes of determining whether
a project meets the foregoing threshold, all phases of a project and all'related projects
Ord. 2004-16
-2-
taking place on a single or adjoining parcel(s), as determined by the Director, shall be
deemed a single project.
(b) Exempt projects. The following projects are exempt from the requirements of
this chapter:
(1) Re-roofing projects; and
(2) Demolition projects undertaken because the County or other public agency
has determined that the demolition is necessary to abate a public nuisance or
otherwise protect public health or safety.
(Ord. 2004-16 § 2.)
418-14.006 Debris recovery plan requirements. An owner shallsubmit to the
Community Development Department (either in-person or via Certified Mail), a debris
recovery plan prior to the issuance of the building or demolition permit. The debris
recovery plan must include the following information:
(a)A description of the management methods planned to be used for all types of
construction and demolition debris (e.g. reuse, recycling or disposal).
(b) The name of all service providers and/or facilities to be used for debris
management.
(c) An acknowledgment that the owner understands the requirements of this
Chapter, including the requirement for demonstrating achievement of the diversion
requirement.
(Ord. 2004-16 § 2.)
418-14.010 Review of a debris recovery plan. (a)Approval. A debris recovery
plan shall be reviewed by the Department and approved if it provides all of the
information required by Section 416-14.008. An approved debris recovery plan shall be
marked "Approved" and returned to the owner.
(b) Denial. A debris recovery plan shall not be approved if it does not provide all
of the information required by Section 418-14.006. If a debris recovery plan is not
approved, the owner shall be notified in writing that the plan has been denied, including
the reasons for denial. The owner shall make the required changes to the debris
recovery plan and resubmit it to the Department for approval in a timely manner.
(Gerd. 2004-16 § 2.)
418-14.012 Diversion requirement adjustment. (a) Application. If an owner of a
covered project experiences circumstances that makes it infeasible to comply with the
Orad.2004-96
-3-
diversion requirement, the owner may apply for an adjustment. The owner shall
indicate in writing, why it is infeasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion could be achieved.
Increased costs to the owner generally will not be a sufficient basis for an adjustment.
(b) Review. The Director shall review the information supplied by the owner. If
warranted, the Director shall attempt to contact the owner to discuss possible ways of
meeting the diversion requirement.
(c) Granting of adjustment. If the Department determines that it is infeasible for
the owner to divert 50% of the generated construction and demolition debris from the
covered project, the percent of diversion required shall be adjusted. The owner shall be
notified in writing of the adjusted diversion requirement. The owner shall be required to
divert the percent required by the adjustment.
(d) Denial of adjustment. If the Department determines that it is feasible for the
owner to meet the diversion requirement, the owner shall be notified in writing of the
denial of the diversion requirement adjustment. The owner shall be required to meet
the diversion requirement.
(Ord. 2004-16 §2.)
418-14.014 Debris recovery report requirements. (a) Documentation. Upon
completion of the construction, renovation and demolition activities, but before the final
inspection, the owner shall submit (in-person or by Certified Mail) to the Community
Development Department, the documentation required to demonstrate having met the
diversion requirement. The required documentation shall include the following:
(1) A completed debris recovery report, signed by the owner, indicating the
quantity of each material diverted or disposed, consistent with the requirements
of subdivision (b);
(2) Receipts from all facilities or service providers utilized to divert and dispose
materials; and
(3) Any additional information that the owner believes is relevant to determining
compliance with this chapter.
(b) Weighing of debris. The owner shall make reasonable efforts to ensure that
all construction and demolition debris diverted or disposed are measured and recorded
using the most accurate method of measurement available. To the extent practicable,
all construction and demolition debris shall be weighed using scales. Such scales shall
be in compliance with all regulatory requirements for accuracy and maintenance. For
construction and demolition debris for which weighing is not practical due to small size
Ord.2004.16
-4-
or other considerations, a volumetric measurement shall be used. The owner shall
convert volumetric measurements to weight using the standardized conversion factors
approved by the Director for this purpose.
(Ord. 2004-16 § 2.)
418-14.016 Compliance with the diversion requirement. The Director shall
review the information submitted pursuant to Section 416-14.014 and determine
whether the owner has fully complied, made a good faith effort, or failed to comply with
the diversion requirement. The Director's determination regarding compliance will be
provided to the owner in writing.
(a) "Full compliance" means the owner fully complied with the requirements of
this chapter.
(b) "Good faith effort compliance" means the owner did not fully comply with the
requirements of this chapter but has made a good faith effort to comply. In making this
determination, the Director shall consider the availability of markets for the specific
construction and demolition materials disposed, the documented efforts of the owner to
comply with this chapter and other relevant factors.
(c) "Failed to comply" means the owner did not fully comply with the requirements
of this chapter and did not make a good faith effort to comply. An owner's failure to
comply is punishable pursuant to Division 14.
(Ord. 2004-16 § 2.)
418-14.018 Appeal to Director. An owner may appeal any determination under
this Chapter to the Director within ten days of the decision or determination. The appeal
shall be in writing and shall state the facts and basis for the appeal. A decision of the
Director shall be final subject only to appeal to the Board of Supervisors pursuant to the
provisions of Chapter 14-2.
(Ord. 2004-16 § 2.)
Ord.2004-16
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SECTION Ill. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days after passage shall be published once with the names of
supervisors voting for and against it in the Contra Costa Times, a newspaper published
in this County.
PASSED on , by the following vote:
AYES:
NOES:
ASSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN, Clerk of
the Board and County Administrator
By: Deputy Board Chair
[SEAL]
GAConserva ioMLoma\C&D\Dra#t Ordinances\C&i?Ordlance-5-20-04.doc
Ord.2004-16
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