Construction & Demolition (C&D) Ordinance Requirements
On March 1, 2006, Martinez City Council adopted an ordinance amending the City’s Municipal Code that requires new construction and remodeling projects to reuse or recycle their construction waste. Projects that must comply with this ordinance are determined by size and/or cost. This ordinance was made necessary by ongoing requirements of the Integrated Waste Management Act (AB939) which requires all cities and counties to reduce waste by 50% or more.
Who must Comply with the Ordinance? Any new building construction, remodel, or demolition that meets or exceeds 5000 square feet in area or $75,000 in projected cost are bound by the ordinance and must comply with its requirements. If a 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 recycling 50%, or more, of generated waste. Applicants are required to fill out a “Waste Management Plan” (WMP) form. Once filled out, the WMP Form identifies the types of waste that will be generated by the project. Using informational resources and assistance provided by the City, applicants are required to locate and use reuse or recycling facilities that will divert 50% or more of the waste. Within 30 days of project completion, the completed WMP and attached weight receipts are submitted for review by city staff.
What if it is impossible to recycle 50% of my waste? If an applicant feels it will be impossible to reuse or recycle at least 50% of project waste, 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 waste 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 is required at the time of permit application. Additionally, a one-time administration fee 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.
How Can I find places to recycle my project waste? The City of Martinez has joined with other cities and the county to identify facilities that will accept most C&D waste types for reuse or recycling. These facilities are identified in a number of informational resources including:
· Contra Costa Builders Guide to Reuse & Recycling (2005)
· Contra Costa Reuse & Recycling Guide (2005)
· www.cccrecycle.org (includes C&D information, 2005 Reuse & Recycling Guide, and materials exchange)
· Online Volume to Weight Conversion Tables (http://www.ciwmb.ca.gov/lglibrary/dsg/ApndxI.htm#Conversion)
A C&D Ordinance application packet is provided at the time of building permit application. The packet includes:
· Blank copy of the Waste Management Plan (WMP)
· Copy of the C & D Ordinance
· Contra Costa Builders Guide to Reuse & Recycling (2005)
· Contra Costa Reuse & Recycling Guide (2005)
Before filling out Part 1 of the WMP, applicants are encouraged to call to discuss ordinance requirements and to answer questions. The Building Department can be reached by calling 925-372-3550
