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HomeMy WebLinkAboutOrdinance 210 - amending City code concerning construction and demo recycling ORDINANCE 210 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. B. D. E. F. Section 2. Findings. A. The California Integrated Waste Management Act of 1989 (CaL Pub. Res. Code , 40000 et seq.) was enacted to divert recyclable materials from landfills in order to preserve decreasing landfill capacity and diminishing natural resources. The California Integrated Waste Management Act mandates that by January 1, 2000, each California city and county must divert 50% of all solid waste from landfill or transformation facilities through source reduction, recycling and compo sting activities. c. The City of Saratoga prepared and adopted a plan in 1992, the Source Reduction and Recycling Element, to achieve the mandated diversion. The City has most recently achieved a diversion level of 56% as a result of the City's source reduction and recycling programs. To achieve and assist the City in maintaining a diversion level of at least 50% and to avoid statutory penalties associated with non-compliance with the California Integrated Waste Management Act, the City must continue to implement cost-effective programs aimed at increasing diversion of waste from landfills. The City has determined that a program for recycling and reducing construction and demolition debris may result in a significant diversion of construction and demolition debris from Bay Area landfills. G. This ordinance would establish a program for recycling and reducing construction and demolition debris by requiring the preparation and implementation of a construction and demolition debris recycling plan for construction, remodeling, and demolition projects affecting more than 2,500 square feet of floor space. Adoption. Article 16-72 is hereby added to the Saratoga City Code, to read as set forth below. Article 16-72 CONSTRUCTION AND DEMOLITION DEBRIS Section 16-72.010 Submission of Construction and Demolition Debris Recycling 1 Plan. (a) No pe=it shall be issued pursuant to this Chapter 16 ofthe Saratoga City Code to conduct a construction, remodeling, or demolition projects affecting more than 2,500 square feet of floor space until the applicant has provided to the Building Official a construction and demolition debris recycling plan. Where one or more construction, remodeling, or demolition projects involving one or more structures are part of a common development project, the floor space ofthe structures shall be considered cumulatively for purposes ofthis section, regardless of whether separate pe=its are issued for the projects or structures. The Building Official may exempt from compliance with this section any project that is anticipated to produce less than 15 cubic yards of construction and demolition debris. (b) Where a construction and demolition debris recycling plan is required by this section, all activities pursuant to any pe=it issued pursuant to this Chapter 16 shall proceed in accordance with the construction and demolition debris recycling plan, and all such pe=its shall include compliance with the plan as a condition of approval. (c) All references in this section 16-72 to the Building Official shall include any person authorized by the Building Official to act on his or her behalf. Section 16-72.020 Review of Proposed Plan. (a) The Building Official shall review a proposed construction and demolition debris recycling plan to dete=ine whether the plan meets the following criteria: (1) The plan identifies all recyclable construction or demolition debris anticipated to be produced by the project; and (2) The plan explains how the applicant will reasonably maximize the diversion of construction and demolition debris from disposal in a landfill; and (3) The plan identifies end uses of the construction and demolition debris that are consistent with the diversion goals of the California Integrated Waste Management Act of 1989 (Cal. Pub. Res. Code I 40000 et seq.). (b) The Building Official may recommend modifications to the proposed plan in accordance with the criteria in subsection (a), and the applicant may modify the proposed plan in accordance with the recommendations of the Public Works Director and the criteria in subsection (a). (c) If the Building Official dete=ines that the proposed plan satisfies the criteria in subsection (a), the Building Official shall approve the plan. 2 Section 16-72.030 Implementation of Plan. The pennittee shall maintain records, including copies of weight tickets and receipts, of the following: (a) The volume or weight and the processing location of each type of construction and demolition debris that is recycled; and (b) The volume or weight and the disposal location of all construction and demolition debris that is disposed. Section 16-72.040 Documentation of Compliance with Plan. (a) Within 10 days of the completion of a project subject to Section 16-72.010, the pennittee shall submit a compliance report. The compliance report shall state the volume or weight and the processing location of each type of construction and demolition debris that was recycled and the volume or weight and the disposal location of all construction and demolition debris that was disposed. The compliance report shall include copies of weight tickets, receipts, and other records compiled in accordance with Section 16- 72.030. (b) The Building Official shall compare the compliance report to the plan and shall state whether the compliance report is consistent with the plan. Section 16-72.050 Form for Proposed Plan. (a) The Building Official shall prepare the following: (i) a fonn identifying the infonnation that must be provided regarding a proposed construction and demolition debris recycling plan; and (ii) a guide identifying facilities available to assist in implementing a construction and demolition debris recycling plan. (b) The Building Official shall provide a copy of the fonn and a copy of the guide to any person promptly upon request. Section 3. Effective Date. This ordinance shall take effect thirty days after the date of its adoption. Section 4. CEQA Compliance. The City Council finds and detennines that the enactment of this ordinance is not a "project" as that tenn is used in the California Environmental Quality Act ("CEQA") (CaL Pub. Res. Code' 21000 et seq.) or the State CEQA Guidelines (CaL Code of Regs., Title 14, , 15000 et seq.). Therefore, no environmental assessment is required or necessary. 3 Section 5. Severance Clause. Each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase ofthis ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 6. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation ofthe City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting ofthe City Council of the City of Saratoga held on the 18th day of September, 2002, and was adopted by the following vote following a second reading on the 2nd day of October, 2002: AYES: Councilmember Stan Bogosian, John Mehaffey, Ann Waltonsmith, Mayor Nick Streit NOES: None ABSTAIN: None ABSENT: Vice Mayor Evan Baker (D~ NICK STREIT MAYOR, CITY OF SARATOGA, CALIFORNIA ATTES1;': CITY.CLERK APPROVED AS TO FORM: "'------...- ---......~ CITY ATTORNEY 4