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Construction & Demolition Waste Ordinance

Construction & Demolition (C&D) Ordinance Requirements

On March 1, 2006, Martinez City Council adopted an ordinance amending the City’s Municipal Code that requires construction and remodeling projects to reuse or recycle their construction debris. The Ordinance was subsequently amended on January 22, 2014 to comply with CALGreen, California’s statewide mandatory green building code 2014 updates.  CalGreen expands the reach of the City’s C&D Ordinance.  The Ordinance as amended goes into effect on February 22, 2014.

Who must comply with the Ordinance?
All construction and demolition projects (both residential and non-residential); all residential renovation projects for which a permit is required; and certain non-residential renovation projects are required to comply.  Those non-residential renovation projects subject to the Ordinance are additions to non-residential buildings or structures of at least 1,000 square feet, and alterations to non-residential buildings or structures with an estimated construction cost of at least $200K. If a renovation or remodel project falls below the compliance threshold, the owner and contractor are still strongly encouraged to meet a 50% recycling rate.

What are the requirements of the Ordinance? Projects must reuse or recycle 50%, or more, of generated debris. Applicants are required to fill out a “Waste Management Plan” (WMP) form. Once filled out, the WMP Form identifies the types of debris that will be generated by the project.

Can the City help me with compliance? Yes, using informational resources and assistance provided by the City, (see below), applicants can locate reuse or recycling facilities that will divert 50% or more of the debris. In addition, A C&D Ordinance application packet is provided at the time of building permit application. The packet includes:
          The Waste Management Plan (WMP)
       The updated C & D Ordinance

How can I find places to recycle my project debris? Below is a list of the facilities closest to the City where you or your contractor can bring C& D debris. There are also other helpful links. 

·         City of Martinez Self-Haul Facility List

·         Contra Costa Builders Guide to Reuse & Recycling (2005) – 
      
http://co.contra-costa.ca.us/depart/cd/recycle/guide.htm

·         www.cccrecycle.org includes C&D information and materials exchange information. 

Who can pick up my C& D debris?

The City of Martinez amended its franchise with Republic Services granting Republic exclusive rights to commercial and industrial recycling in Martinez, including the hauling of C& D debris for a fee[1] Republic can assist you with your C& D hauling needs and facilitate the processing of the WMP by supplying you with the documentation to prove at least 50% diversion from your project site. Contact Republic at www.republicservices.com or call (925) 685-4711.

What if it is impossible to recycle 50% of my debris? If an applicant feels it will be impossible to reuse or recycle at least 50% of project debris, he/she may request an “Unfeasibility Exemption.”

An Unfeasibility Exemption must be requested at the time of initial submission of the WMP. The request must include an alternative diversion rate for each debris type and be accompanied by an explanation supporting the request. Staff will consider the request and either agree with the proposed alternative diversion percentage or provide direction on how the 50% requirement can be achieved.

Is a security deposit and/or fees required?
A security deposit of 1% of the projected project cost or $500 (whichever is greater) is required at the time of permit application. Additionally, a one-time administration fee of $120 (equivalent to one hour of city staff time at the pre-work or site inspection rate per the City’s current Schedule of Fees) is also required. The security deposit will be held until staff has determined full compliance with the Ordinance, or a “good faith effort” to comply. “Good Faith Effort” may be established when the applicant has demonstrated that every effort was made to meet the 50% diversion requirement but documented circumstances outside the applicants control prevented compliance.

In cases of non-compliance, staff will determine what percent of the 50% compliance was satisfied. This will determine what portion of the security deposit can be returned. For example, if an overall project diversion rate of 40% is achieved, this equates to 80% of the diversion requirement. Therefore, the City will withhold 20% of the security deposit due to non-compliance. This action can be appealed to the City Manager, or her designated representative, and ultimately to the City Council.

What is new about the updated Ordinance?  As stipulated in Section 8.19.090 of the Ordinance, within 30 days of project completion, the completed WMP and attached weight receipts must be submitted to City staff submitted for review. Failure to provide the WMP and the weight receipts within 30 days (8.19.090 f) will result in forfeiture of the project deposit.  

QUESTIONS?
Please contact the Building Department at 925-372-3550 or Lisa Luna via email at lluna@cityofmartinez.org

[1]  For further information about the City’s Mandatory Commercial Recycling Program, go here:
http://www.cityofmartinez.org/services/recycling/mandatory_commercial_recycling.asp

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