CC Ordinance 2103
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ORDINANCE NO. 2103
AN ORDINANCE OF THE CITY OF CAMPBELL
ADDING CHAPTER 6.12 TO THE
CAMPBELL MUNICIPAL CODE
REGARDING RECYCLING AND SALVAGING OF
CONSTRUCTION AND DEMOLITION DEBRIS
The City Council of the City of Campbell, California, does ordain as follows:
SECTION 1. FINDINGS AND DETERMINATIONS. The City Council of the City
of Campbell hereby finds and determines that:
a. The City is committed to protecting the public health, safety, welfare
and environment.
b. In order to meet these goals it is necessary that the City promote the
reduction of solid waste, and reduce the stream of solid waste going to landfills.
c. Under California law as embodied in the California Waste Management
Act of 1989 (California Public Resources Code Sections 40000 et seq.), Campbell is
required to prepare, adopt and implement source reduction and recycling plans to reach
landfill diversion goals, and is required to make substantial reductions in the volume of
waste materials going to landfill, or face fines up to $10,000 per day.
d. Debris from construction and demolition of buildings and tenant
improvements represents a significant portion of the volume presently coming from
Campbell, and much of this debris is particularly suitable for recycling and reuse.
e. The City's commitment to the reduction of waste and to comply with
state law requires the establishment of programs for recycling and salvaging of
construction and demolition (C&D) materials.
f. The City Council recognizes that requiring C&D Debris to be recycled
and reused may in some respects add modestly to the cost of demolition and in other
respects may make possible some cost recovery and cost reduction. The City Council
also recognizes that it is necessary in order to protect the public health, safety, welfare,
and environment that the following regulations be adopted.
SECTION 2: A new Chapter 6.12 shall be added to Title 6 of the Campbell
Municipal Code, which chapter shall read as follows:
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Sections:
6.12.010
6.12.020
6.12.030
6.12.040
6.12.050
6.12.060
6.12.070
6.12.080
Chapter 6.12
RECYCLING AND SALVAGING OF
CONSTRUCTION AND DEMOLITION DEBRIS
Definitions
Deconstruction, Salvage and Recovery
Diversion Requirements
Declaration of Intent
Administrative Fee
Reporting
Violation A Misdemeanor
Responsible Party
6.12 Definitions.
For purposes of this chapter, the following definitions apply:
(a) "Construction and demolition debris" means and includes:
(1) Discarded materials generally considered to be not water soluble
and non-hazardous in nature, including but not limited to steel, copper, aluminum, glass,
brick, concrete, asphalt arterial, pipe, gypsum, wallboard, and lumber from the
construction or destruction of a structure as part of a construction or demolition project
or from the renovation of a structure and/or landscaping, including rocks, soils, tree
remains, trees, and other vegetative matter that normally results from land clearing,
landscaping and development operations for a construction project; (2) Remnants of
new materials, including but not limited to: cardboard, paper, plastic, wood, and metal
scraps from any construction and/or landscape project;
(b) "Contractor" means any person or entity holding, or required to hold,
a contractor's license of any type under the laws of the State of California, or who
performs (whether as contractor, subcontractor, owner-builder, or otherwise) any
construction, demolition, remodeling, renovation, or landscaping service relating to
buildings or accessory structures in the City of Campbell.
(c) "Covered Project" means and includes any project which consists of
one or more of the following:
Demolition of 500 square feet or more, and renovation, remodel or
addition to an existing structure, or the construction of a new structure, greater than
2000 square feet, or where the valuation of the work exceeds $250,000, as determined
by the Building Official.
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( d) "Designated recyclable and reusable materials" means and
includes:
(1) Inert solids, including asphalt, concrete, rock, stone,
brick, sand, soil and fines;
(2) Wood materials; including any and all dimensional
lumber, fencing or construction wood that is not chemically treated, creosoted, CCA
pressure treated, contaminated or painted;
(3) Vegetative materials, including trees, tree parts, shrubs,
stumps, logs, brush or any other type of plants that are cleared from a site for
construction or other use;
(4) Metals, including all metal scrap such as, but not limited
to, pipes, siding, window frames, door frames and fences;
(5) Roofing materials including wood shingles and shakes
as well as asphalt, stone and slate based roofing material;
(6) Salvageable materials and structures, including, but not
limited to doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances;
(e) "Salvage" means the controlled removal of materials from a
covered project, for the purpose of reuse or storage for later reuse;
(f) "Structure" means anything constructed or erected.
6.12.020 Deconstruction, Salvage and Recovery.
(a) Contractors are encouraged to make every structure planned for
demolition available for deconstruction, salvage, and recovery prior to demolition; and to
recover the maximum feasible amount of salvageable designated recyclable and
reusable materials prior to demolition.
(b) Recovered and salvaged designated recyclable and reusable materials
from the deconstruction phase shall be counted towards the diversion requirements of
this chapter.
6.12.030 Diversion Requirements.
At least fifty percent (50%) of the construction and demolition debris
tonnage from all covered projects shall be diverted from landfills by using recycling,
reuse, salvage and other diversion programs.
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6.12.040 Declaration of Intent
Applicants for building, demolition or other development permits for
projects under this chapter shall execute a Declaration of Intent to recycle a minimum
of 50% of construction and demolition debris for a covered project.
6.12.050 Administrative Fee.
As a condition precedent to the issuance of any building or demolition
permit for a covered project, the applicant shall pay to City a fee as established by
resolution to compensate City for all expenses incurred in administering this chapter.
6.12.060 Reporting.
(a) No later than thirty (30) days following the completion of a demolition
project or construction project, the contractor shall, as a condition of final approval and
for issuance of any certificate of occupancy, certify that a minimum of 50% of the
construction and demolition debris was recycled and submit documentation to
Department of Public Works that demonstrates compliance with the requirements of this
chapter.
(b) The documentation shall consist of photocopies of receipts and weight
tags or other records of measurement or equivalent documentation from recycling
companies, deconstruction contractors, and landfill and disposal companies.
(c) Progress reports during construction may be required.
(d) All documentation submitted pursuant to this section is subject to
verification by City.
(e) It is unlawful for any person to submit documentation to City under this
section which that person knows to contain any false statements, including but not
limited to false statements regarding tonnage of materials recycled or diverted, or to
submit any false or fraudulent receipt of weight tags or other record of measurement.
6.12.070 Violation a Misdemeanor.
Each violation of the provisions of this Chapter shall constitute a
misdemeanor and be subject to the provisions of Chapter 1.04.10 of this Code.
6.12.080 Responsible Party.
Every Applicant and/or owner of property on which a Covered Project
occurs shall be responsible for compliance with the provisions of this Chapter.
SECTION 3. Except as hereby amended, said Campbell Municipal Code as
amended shall be and remain in full force and effect.
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SECTION 4. If any part of this Ordinance is held to be invalid or inapplicable to
any situation by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance or the applicability of this Ordinance
to other situations.
PASSED AND ADOPTED as an ordinance of the City of Campbell at a regular
meeting of said Council on the3rdday of June ,2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Council members:
Council members:
Furtado, Kennedy, Low, Hernandez, Burr
None
None
None
APPROVED:
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Donald R. Burr
Mayor
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Anne Bybee
City Clerk
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