(A) The town finds that the State of California through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939 passed and signed into law in 1989) and Alternative Compliance Act of 2008 (SB 1016 passed and signed into law in 2008), requires that each local jurisdiction in the state divert 50% of discarded materials from landfill garbage disposal on a per capita basis.
(B) The town finds that every city and county in the state, including the town, could face fines up to $10,000 a day for not meeting the above mandated goal.
(C) The town finds that the state through its California Global Warming Solutions Act of 2006 (AB 32 passed and signed into law in 2006), requires that commercial generators statewide participate in recycling programs.
(D) The town finds that in recent years, inerts and mixed construction and demolition (C&D) debris constituted approximately 16% of the materials landfilled in Marin County and a similarly large portion of the waste stream in the town. These materials have significant potential for waste reduction and recycling.
(E) The town finds that reusing and recycling C&D debris is essential to further the town’s efforts to reduce waste and comply with AB 939, AB 32 and other waste reduction goals.
(F) The town finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material in landfills, increase site and worker safety, be cost effective, and thereby assist in the protection of public health, safety and welfare.
(G) The town finds that, except in unusual circumstances, it is feasible to divert on average 100% asphalt and concrete, and at least 70% of all remaining C&D debris from most construction, demolition, and renovation projects.
(H) The town desires to implement a program to encourage the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) goal to increase the diversion of materials from landfill and transformation facilities to achieve 80% diversion goal by 2012 and zero waste by 2025, ensure that resources are used to their highest potential, reduce upstream waste, and reduce the county’s ecological footprint.
(I) The town finds that, to ensure compliance with this chapter and to ensure that those contractors that comply with the chapter are not placed at a competitive disadvantage, it is necessary to impose a financial incentive as set forth by resolution of the Town Council.
(J) The town finds that, to ensure compliance with this chapter, facilities will be evaluated annually through an extensive certification process conducted by the JPA.
(Ord. 783, passed 9-3-2014)