CITY COUNCIL AGENDA ITEM NO. 28
Meeting Date: July 22, 2003
Subject/Title: An Ordinance of the City Council of the City of Brentwood
adding Chapter 8.40; Construction and Demolition Debris Recycling, to the
Brentwood Municipal Code
Submitted by: Public Works Department, P. Zolfarelli/J. Carlson
Community Development Department, M. Oshinsky/L. Kidwell
Approved by: John Stevenson, City Manager
Adopt an ordinance to require developers of projects over $75,000 in value
to recycle at least 50% of their waste stream.
In 1993 City Council approved the Source Reduction and Recycling Element (SRRE).
On May 8, 2001, City Council approved new, lower collection rates for
recyclable items such as construction and demolition (C&D) debris. On June
24, 2003 City Council continued this item to be heard on July 22, 2003.
In 1989, the State of California passed Assembly Bill (AB) 939, mandating
that cities and counties reduce the amount of waste being landfilled by 50%
by the year 2000 or face fines of up to $10,000 per day. In order to achieve
this goal, cities have implemented various programs to help meet this goal.
These programs, outlined in the City’s Source Reduction and Recycling
Element (SRRE), include curbside recycling, composting programs, hazardous
waste collection, etc.. For some cities these programs alone are sufficient
to get them 50% or more diversion. But for many cities, especially growing
cities, getting to 50% has been more of a challenge.
The City of Brentwood has been achieving the low-to mid- 40% range in terms
of diversion. This is calculated based on comparing what we landfilled in
1990 versus what we are landfilling currently. Obviously, the City’s rapid
growth skews the figures, so there are four adjustment factors based on
population, economic activity, CPI, and employment that are applied to our
City staff, along with staff at the California Integrated Waste Board (CIWMB)
both recognize the City of Brentwood has made a “good faith effort” to
attain the 50% reduction, so we have not had been penalized thus far. By
making a “good faith effort”, it means we have implemented nearly all of the
programs available to us, but the numbers just don’t hit the goal of 50%.
The state is very aware of our growth issues and we are not alone. Many
cities are in the same position.
A few years ago, the City implemented a new program to target construction
and demolition (C&D) debris by offering pricing incentives to encourage
contractors to separate these items from their regular waste stream. Debris
is generated every time a building, road, or bridge is constructed,
remodeled, or demolished. These projects often contain bulky, heavy
materials, including concrete, wood, asphalt (from roads and roofing
shingles), gypsum (the main component of drywall), metals, bricks, and
plastics. C&D debris also includes salvaged building components such as
doors, windows, and plumbing fixtures. Roughly equal percentages of waste
are estimated to come from the residential and commercial building sectors.
It is estimated that from 10-20%, or 6,000 tons of the material generated
within Brentwood’s borders is C&D debris.
Reducing C&D debris conserves landfill space, reduces the environmental
impact and natural resources necessary to produce new materials, and can
reduce overall building project expenses through avoided purchase/disposal
An effort to implement a diversion program should assist our efforts towards
reaching the 50% goal. Staff is proposing a new ordinance to require
developers of projects over $75,000 in value to recycle at least 50% of
their waste stream.
This ordinance would be on the forefront of a wave of ordinances cities and
counties are beginning to pass to help divert this heavy segment of their
waste stream. Local cities that have passed a C&D ordinance include Walnut
Creek, Orinda and Lafayette. Several communities will soon be following
including Antioch, Pittsburg and the Contra Costa County. For a comparison
of approved ordinances see Attachment A.
Public Works and Community Development staffs have designed the required
contractor form (Attachment B) to streamline the process for the contractor
and for staff. In other cities, contractors must provide estimated
quantities of the materials before the project is approved. Our form merely
requires the types of material to be listed. We will get the quantities from
the receipts after the project is completed. This ordinance was reviewed by
the Home Builders Association (HBA) and other local processors and haulers
for their feedback before taking its final form.
For cities without a C&D recycling ordinance implemented by 2004, State
Senate Bill (SB) 1374, would impose a State-mandated C&D ordinance.
Therefore, staff feels it would be prudent to develop an ordinance that best
met our specific local conditions now, rather than be forced to implement a
blanket ordinance next year.
There will be a minor increase in staff time to monitor this plan including
explaining the program, collecting documentation, reviewing documentation,
and accumulating statistical data for State notification. The cost will be
recovered in building permit, grading permit, and encroachment permit fees.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER
8.40 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING, TO THE BRENTWOOD
WHEREAS, the State of California passed Assembly Bill (AB) 939 in 1989
mandating cities and counties to recycle 50% of their waste stream; and
WHEREAS, the City of Brentwood is committed to protecting public health,
safety, welfare and the environment, and as such, promotes the reduction of
solid waste; and
WHEREAS, the City of Brentwood passed its Source Reduction and Recycling
Element in 1993 to implement recycling programs in an effort to improve its
recycling efforts; and
WHEREAS, 10-20% of material generated within Brentwood is comprised of
construction and demolition debris that can be recycled; and
WHEREAS, the City established incentive pricing in 2001 to encourage
recycling of construction-related materials; and
WHEREAS, recycling of construction and demolition debris furthers
Brentwood’s commitment to reducing waste and complying with AB 939.
NOW THEREFORE, the City Council of the City of Brentwood does ordain as
Chapter 8.40 is hereby added to the Brentwood Municipal Code to read as
Chapter 8.40 Construction and Demolition Debris Recycling.
8.40.020 Threshold for Covered Projects
8.40.030 Submission of Waste Management Plan
8.40.040 Review of Waste Management Plan
8.40.050 Infeasibility Exemption
8.40.070 Submittal of Completed Waste Management Plan
For the purposes of Chapter 8.40, the following definitions shall apply:
A. “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 projects within the City.
B. “Construction” means the building of any facility or structure or any
portion thereof including tenant improvements to an existing facility or
C. “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
D. “Conversion Rate” means the rate set forth in the standardized Conversion
Rate Table approved by the City pursuant to this Article for use in
estimating the volume or weight of materials identified in a Waste
E. “Covered Project” shall have the meaning set forth in Section 8.40.020
(A) of this Article.
F. “Deconstruction” means the process of carefully dismantling a building or
structure in order to salvage components for reuse or recycling.
G. “Demolition” means the decimating, razing, ruining, tearing down or
wrecking of any facility, structure, pavement or building, whether in whole
or in part, whether interior or exterior.
H. “Divert” means to use material for any purpose other than disposal in a
landfill or transformation facility.
I. “Diversion Requirement” means the redirection from the waste stream of at
least 50 percent of the total Construction and Demolition Debris generated
by a Project via reuse or recycling, unless the Applicant has been granted
an Infeasibility Exemption pursuant to Section 8.40.050, in which case the
Diversion Requirement shall be the maximum feasible diversion rate
established by the WMP Compliance Official for the Project.
J. “Noncovered Project” shall have the meaning set forth in Section 8.40.020
(B) of this Article.
K. “Project” means any activity, which requires an application for a
building or demolition permit, or any similar permit from the City.
L. “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.
M. “Renovation” means any change, addition, or modification in an existing
N. “Reuse” means further or repeated use of materials in their original
O. “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.
P. “Tenant improvements” means a “project” involving structural or other
modifications of an existing property resulting in the generation of C&D
Debris. “Total costs” means the total construction value of the project
using standard commercial and residential valuation formulas.
Q. “Vendor” means a licensed City of Brentwood hauler of commercial
R. “Waste Management Plan” means a completed WMP form, approved by the City
for the purpose of compliance with this Article, submitted by the Applicant
for any Covered Project. Prior to project start, the WMP shall identify the
types of C&D Debris materials that will be generated for disposal and
recycling. A completed WMP contains actual weight or volume of the material
disposed recycled receipts.
S. “WMP Compliance Official” means the Community Development Director or his
or her designee.
8.40.020 Threshold for Covered Projects
A. Covered Projects: Any construction, demolition, and renovation projects
within the City, the total costs of which are, or are projected to be,
greater than or equal to $75,000.00, or which involve the construction,
demolition (“Covered Projects”) shall comply with this Article 8.40.020 (A).
For the purposes of determining whether a project meets the foregoing
threshold, all phases of a project and all related projects taking place on
a single or adjoining parcels, as determined by the WMP Compliance Official,
shall be deemed a single project.
B. Noncovered Projects: Applicants for construction, demolition, and
renovation projects within the City which are not Covered Projects (“Noncovered
Projects”) shall be encouraged to divert as much project-related
construction and demolition debris as possible.
C. Building and Demolition Permits: No building, site development or
demolition permit shall be issued for a Covered Project unless and until the
WMP Compliance Official has approved a WMP for the project. Compliance with
the provisions of this Article shall be listed as a condition of approval on
any building, site development or demolition permit issued for a Covered
D. Projects sponsored by the City or Redevelopment Agency. All construction,
demolition and renovation projects sponsored by the City or Redevelopment
Agency shall be considered Covered Projects for the purposes of this
chapter. The Project sponsor shall submit a WPM to the official prior to
beginning any activities and shall be subject to all applicable provisions
of this chapter.
8.40.030 Submission of Waste Management Plan
A. WMP Forms: Applicants for building, demolition, or site development
permits involving any Covered Project shall complete and submit a Waste
Management Plan (“WMP”), on a form provided by the City for this purpose as
part of the application packet for the building, demolition, or site
development permit. The completed WMP shall indicate all of the following:
1. A list of the C&D debris material types, to be generated;
2. The vendor or facility that the Applicant proposes to use to collect or
receive the materials; and
3. Acknowledgement of responsibility-The WMP shall be signed by both the
contractor and owner indicating: 1) understanding of consequences of not
meeting the 50% diversion requirement including being subject to fines; and
2) they are responsible for the actions of their subcontractors with regard
to this diversion requirement.
B. Deconstruction: In preparing the WMP, applicants for building,
demolition, or site development permits involving the removal of all or part
of an existing structure shall consider deconstruction, to the maximum
extent feasible, and shall make the materials generated thereby available
for salvage prior to landfilling. Materials generated in this process shall
be considered divertible C&D debris and included in the amount of waste
8.40.040 Review of Waste Management Plan
A. Approval: Notwithstanding any other provision of this Code, no building,
demolition, or site development permits shall be issued for any Covered
Project, nor shall any demolition, construction or renovation take place on
any Covered Project, unless and until the WMP Compliance Official has
approved the WMP. The WMP Compliance Official shall only approve a WMP if he
or she first determines that all of the following conditions have been met:
1. The WMP provides all of the information set forth in Section 8.40.030 of
2. The WMP indicates that at least 50 percent of all C&D debris generated by
the Project will be diverted.
3. The WMP form has been signed by the contractor and the property owner.
If the WMP Compliance Official determines that these three conditions have
been met, he or she shall mark the WMP “Approved” and return a copy of the
WMP to the Applicant.
B. Nonapproval: If the WMP Compliance Official determines that the WMP fails
to comply with the above listed conditions for approval, he or she shall
1. Return the WMP to the Applicant marked “Denied,” including a statement of
2. Return the WMP to the Applicant marked “Further Explanation Required”
8.40.050 Infeasibility Exemption
A. Application: If an Applicant for a Covered Project experiences unique
circumstances that the Applicant believes make it infeasible to comply with
the Diversion Requirement, the Applicant may apply for an exemption at the
time that he or she submits the WMP required under Section 8.40.030 above.
Increased costs to the Applicant generally will not be a sufficient basis
for an exemption unless such costs are extraordinary. The Applicant shall
indicate on the WMP the maximum amount of diversion he or she believes is
feasible for each material and the specific circumstances that he or she
believes make it infeasible to comply with the Diversion Requirement.
B. Meeting with WMP Compliance Official: The WMP Compliance Official shall
review the information supplied by the Applicant and may meet with the
Applicant to discuss possible ways of meeting the Diversion Requirement. The
WMP Compliance Official may request that staff from the City’s Solid Waste
Division attend this meeting or may require the Applicant to request a
separate meeting with Solid Waste Division staff. Based on the information
supplied by the Applicant and, if applicable, Solid Waste Division staff,
the WMP Compliance Official shall determine whether it is possible for the
Applicant to meet the Diversion Requirement.
C. Granting of Exemption: If the WMP Compliance Official determines that it
is infeasible for the Applicant to meet the Diversion Requirement due to
unique circumstances, he or she shall establish a minimum feasible diversion
rate for each material and shall indicate this rate on the WMP submitted by
the Applicant. The WMP Compliance Official shall return a copy of the WMP to
the Applicant marked “Approved for Infeasible Exemption.”
D. Denial of Exemption: If the WMP Compliance Official determines that it is
possible for the Applicant to meet the Diversion Requirement, he or she
shall so inform the Applicant in writing. The Applicant shall have 30 days
to resubmit a WMP form in full compliance with Section 8.40.030 above. If
the Applicant fails to resubmit the WMP, or if the resubmitted WMP does not
comply with Section 8.40.030, the WMP Compliance Official shall deny the WMP.”
Appeal of a determination made under this chapter shall be made to the City
Council pursuant to Section 17.880.003(B)-17.880.003(I) of the Brentwood
Municipal Code and shall be limited to: 1) the granting or denial of an
exemption; or 2) whether the applicant has made a good faith effort to
comply with the WPM.
8.40.070 Submittal of Completed Waste Management Plan
A. Documentation: No permit or approvals related to the project site shall
be issued by the City until the applicant complies with the provisions of
this Section. The completed WMP must be approved prior to final occupancy,
or project completion, in the case of demolitions.
The applicant shall submit documentation to the WMP official along with a
completed WMP that demonstrates that the Diversion requirement for the
Project has been met in order to receive final occupancy approval or final
of demolition permits. This documentation shall include the following:
1. The completed WMP submitted for approval shall list for each construction
and demolition material type generated, the actual material volume or weight
the project generated, and receipts from both the disposal and recycling
facilities and/or licensed haulers and vendors that received each material
showing clearly whether the material was disposed or recycled; and
2. Any additional information the Applicant believes is relevant to
determining its efforts to comply in good faith with this Article.
B. Weighing of Wastes: Applicants shall make reasonable efforts to ensure
that all C&D debris diverted or landfilled are measured and recorded using
the most accurate method available. To the extent practical, all
construction and demolition debris shall be weighed on 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 or other considerations, a volumetric
measurement shall be used. For conversion of volumetric measurements to
weight, the Applicant shall use the standardized conversion rates approved
by the City for this purpose.
C. Determination of Compliance and Release of Permit: The WMP Compliance
Official shall review the information submitted under subsection (A) of this
Section and determine whether the Applicant has complied with the Diversion
Requirement, as follows:
1. Full Compliance: If the WMP Compliance Officer determines that the
Applicant has fully complied with the Diversion Requirement applicable to
the Project, he or she shall indicate such compliance on the WMP.
2. Good Faith Effort to Comply: If the WMP Compliance Official determines
that the Diversion Requirement has not been achieved, he or she shall
determine on a case-by-case basis whether the Applicant has made a good
faith effort to comply with this Article. In making this determination, the
WMP Compliance Official shall consider the availability of markets for the
C&D debris landfilled, the size of the project, and the documented efforts
of the Applicant to divert C&D debris. If the WMP Compliance Official
determines that the Applicant has made a good faith effort to comply with
this chapter, he or she shall so indicate on the WMP.
3. Noncompliance: If the WMP Compliance Official determines that the
Applicant has not made a good faith effort to comply with this chapter, or
if the Applicant fails to submit the documentation required by subsection
(A) of this Section within the required time period, then the Applicant
shall be in violation of this Article and be liable for a civil penalty, in
addition to any other remedy provided by this Article. No certificates of
occupancy or other permits or approvals relating to the project site shall
be issued by the City until the civil penalty has been paid in full.
A. Criminal Penalties. Any person who violates any provision of this
chapter, including but not limited to noncompliance with a WMP, shall be
guilty of an infraction. The penalty upon conviction of such person shall be
a fine as set forth in section 1.08.040 of this Code.
B. Civil Penalties. Any person who violates any provision of this Article,
including but not limited to noncompliance with a WMP, shall be liable to
the City for a civil penalty of $1,000 or 1% of the total cost of the
project, whichever is greater. The WMP Compliance Official may, in his or
her sole discretion, reduce the amount to the civil penalty in the event of
C. Cumulative Remedies. The foregoing remedies shall be deemed
non-exclusive, cumulative and in addition to any other remedy the City may
have at law or in equity, including but not limited to injunctive relief to
prevent violations of this Chapter.
Effective Date: October 1, 2003
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 22nd day of July, 2003,
by the following vote: