Loading...
Ordinance 2007-20 ORDINANCE NO. 2007-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE BY ADDING A NEW ARTICLE V TO CHAPTER 12 REGARDING THE CREATION OF A CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION PROGRAM AND THE REQUIREMENT TO SUBMIT AND COMPLY WITH A WASTE MANAGEMENT PLAN (WMP) FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY OF GILROY. WHEREAS, the City finds that the State of California through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50% of discarded materials (base year 1990, state methodology) from landfill by December 31, 2000, and thereafter to maintain or exceed that diversion rate; and WHEREAS, the City finds that every city and county in California, including the City of Gilroy could face fines up to $10,000 a day for not meeting the above mandated goal; and WHEREAS, the City finds that in 1995, Construction and Demolition (C & D) debris constituted approximately 16% of the materials landfilled in Santa Clara County and a similarly large portion of the waste stream in the City of Gilroy. These materials have significant potential for waste reduction and recycling; and, WHEREAS, 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 WHEREAS, 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; and WHEREAS, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 12 of the Gilroy City Code is hereby amended to add a new Article V to read as follows: \LLEZOTTE\717994.4 092507-04706089 Page 10f5 ORDINANCE NO. 2007-20 ARTICLE V: CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION PROGRAM AND REQUIREMENT TO SUBMIT AND COMPLY WITH A WASTE MANAGEMENT PLAN FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS. Sec. 12.63 Definitions: (1) "Applicant" 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 applies to the City for the applicable permits to undertake construction, demolition, or renovation project within the City. (2) "Construction" means the building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure. (3) "Demolition" means the decimating, razing, rummg, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. (4) "Construction and Demolition Debris" or "C&D 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. (5) "Construction and Demolition Debris Materials Check-Off List" means a report, prepared in a form approved by the WMP Compliance Official, submitted as required by Subsection (c) of this Section, which identifies all Construction and Demolition Debris expected to be generated as a result of any Covered Project. (6) "Construction and Demolition Debris Recycling Report" means a report, prepared in a form approved by the WMP Compliance Official, which identifies the amounts of all Construction and Demolition Debris generated by the Project, and the amounts recycled or diverted. Copies of supporting documentation may be required and included as a part of the Construction and Demolition Debris Recycling Report. (7) "Covered Project" shall have the meaning set forth in Section 12.64 of this Article. (8) "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. (9) "Diversion Requirement" means the diversion of a percentage in compliance with state law, as recommended from time to time by the \LLEZOTTE\717994.4 092507-04706089 Page 2 of5 ORDINANCE NO. 2007-20 WMP Compliance Official and approved by resolution of the City Council, of the total Construction and Demolition Debris generated by a Project via reuse or recycling. (10) "Project" means any activity, which requires an application for a building or demolition permit, or any similar permit from the City. (11) "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. (12) "Renovation" means any change, addition, or modification in an existing structure. (13) "Reuse" means further or repeated use of Construction or Demolition Debris. (14) "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. (15) "WMP Compliance Official" means the Environmental Programs Coordinator or his or her designee. (16) "Non-Covered Project" shall have the meaning set forth in Section 12.71 of this Article. Sec. 12.64 Covered Projects: All construction, demolition, and on-site improvements such as walkways, piping, parking lots, other adjoining hardscape, and renovation projects within the City, which involve the construction, demolition or renovation of 5,000 square feet or more ("Covered Projects"), shall comply with this Article. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on single or adjoining parcels, as determined by the WMP Compliance Official, shall be deemed a single project. Sec. 12.65 Submission of C& D Materials Check-Off List: No building, demolition or site development permit shall be issued for a Covered Project unless and until the Applicant has submitted a Construction and Demolition Debris Materials Check-Off List, identifying all waste materials expected to be generated as a result of the Project. Sec. 12.66 Recycling/Diversion Requirement: Applicants for any Covered Project are required to recycle or divert at least 50 percent of materials generated for discards by the project. Sec. 12. 67 C & D Recycling Report: Prior to the issuance of a certificate of occupancy or a conditional certificate of occupancy for any Covered Project, the Applicant shall submit to \LLEZOTTE\717994.4 092507-04706089 Page 3 of5 ORDINANCE NO. 2007-20 the WMP Compliance Official a Construction and Demolition Debris Recycling Report, demonstrating that it has met the Diversion Requirement for the Project. Sec. 12.68 Imposition of Penalty for Failure to Comply with Diversion: Any Applicant that fails to meet the 50 percent diversion mandate must pay a penalty. The penalty amount shall be equal to the project square footage, multiplied by the difference between 50 percent and the actual project diversion percentage, multiplied by $1 per square foot. Sec. 12.69 Imposition of Late Fee for Failure to Provide Recycling Report: Any Applicant that fails to submit the Construction and Demolition Debris Recycling Report" within sixty (60) days following completion of the Project shall be charged a late fee, in an amount of 10 percent of the diversion penalty fee or $100 per month, whichever is greater. All fee schedules shall remain in force until superseded by subsequent fee schedules adopted by the City Council Sec. 12.70 Enforcement: The City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this article as a criminal, civil, and/or administrative action pursuant to Section 1.7 and Chapter 6A of the Gilroy City Code. Sec. 12.71 Non-Covered Projects: Applicants for construction, demolition or renovation projects within the City of Gilroy whose projects are 5,000 square feet or less, or publicly owned rights of way, utilities, and roadways are not required, but shall be encouraged, to divert at least 50 percent of all project-related construction and demolition waste. Sec. 12.72 Condition of Approval: Compliance with this Chapter shall be listed as a condition of approval on any building or demolition permit issued for a Covered Project. Sec. 12.73 On-site Practices: To the maximum extent feasible, project waste shall be separated on-site if this practice increases diversion. SECTION II If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION III This Ordinance shall become effective thirty (30) days after its adoption. \LLEZOTTE\717994.4 092507-04706089 Page 4 of5 ORDINANCE NO. 2007-20 PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 15th day of October, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED ~ /' Z/ ~ ~ inborn;, Mayor \LLEZOTTE\717994.4 092507-04706089 Page 5 of5 ORDINANCE NO. 2007-20 ,~" ",*" I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2007-20 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of October, 2007, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of October, 2007. (Seal)