Findings. | |
Definitions. | |
General Requirements. | |
Annual and Temporary Transport Permit Requirements for Vehicles and C&D Debris Boxes. | |
Registration Requirement for Facilities. | |
Trade Secrets. | |
Vehicle and C&D Debris Box Permit Fee Schedule. | |
List of Registered Facilities and Permitted Transporters. | |
Enforcement. | |
Review of Notifications, Permits, and Plans Submitted to the Department of Public Health. | |
Forms, Regulations and Guidelines. | |
Cost of Implementation. | |
Reserved. | |
Disclaimer of Liability. | |
Duties are Discretionary. | |
Severability. | |
*Editor’s Note:
Ordinance 27-06, File No. 051142, Approved February 16, 2006, from which Chapter 14 of this Code derives, shall take effect on July 1, 2006.
The Board of Supervisors finds and declares the following:
A. People who live in, work in or visit San Francisco generate 1.8 million tons of solid waste annually with more than half of these materials recovered through waste prevention, recycling and composting.
B. The State of California through its California Integrated 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) from landfill. Every city and county in California, including the City, could face fines up to $10,000 a day for not meeting the above mandated goal.
C. The Source Reduction and Recycling Element (SRRE) for San Francisco adopted by the Board of Supervisors in 1992, recognized the importance of recovering wood, metals, and inerts from construction and demolition activities in order to meet the state mandated waste reduction goal.
D. The Board of Supervisors adopted Resolution No. 679-02 setting a goal of 75% diversion from landfill by 2010 and promoting the highest and best use of recovered materials and authorizing the Commission on the Environment to adopt a zero waste goal, which it set as 2020.
E. The Green Building Ordinance, Chapter 7 of the Environment Code, establishes LEEDTM Silver level as the standard for all City building projects, which can include the goal of diverting 75% of construction and demolition debris from landfill for each project.
F. There are facilities both within the City and in nearby surrounding areas that can effectively reuse, recycle or otherwise recover the constituent elements of the materials generated by construction and demolition activity and thereby divert such materials from landfill.
G. Construction and demolition waste recovery programs reduce the amount of materials generated and hauled to landfill, decrease worker exposure to hazards, improve worker safety, reduce truck trips and traffic and improve air quality, thereby enhancing the health, safety and welfare of San Franciscans.
H. This Chapter requires construction and demolition debris to be transported by a registered vehicle and processed by a registered facility in order to ensure proper handling and to recover an additional estimated 100,000 tons from landfill disposal annually.
I. State law requires the California Integrated Waste Management Board to adopt a model construction and demolition debris ordinance and requires that Board to take into account a city's efforts to encourage or require recovery of construction and demolition debris in determining whether a city has met the mandated 50% recovery rate and other solid waste reduction and recycling requirements. This Chapter would help the City maintain the levels required by the state mandate and achieve the City's goals of 75% landfill diversion by 2010 and zero waste by 2020.
J. In keeping with the Precautionary Principle, codified in Chapter 1 of the Environment Code, this Chapter requires proper handling of construction debris as a deterrent to unsafe and wasteful practices. In this way, the City will create and maintain a healthy, viable environment for current and future generations, and will become a model of sustainability.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)
For the purposes of this Chapter 14, the following words have the following meanings:
“Alternative Daily Cover” or “ADC” shall mean materials, other than soil, that have been approved by the California Department of Resources Recycling and Recovery (“CalRecycle”), or a successor agency for use as an overlay on an exposed landfill face.
“Beneficial Reuse” shall mean the reuse at a landfill of material for the following purposes: ADC; alternative intermediate cover; final cover foundation layer; liner operations layer; leachate and landfill gas collection system; construction fill; road base; wet weather operations pads and access roads; and, soil amendments for erosion control and landscaping. “Beneficial Reuse” shall not include Disposal of material at a landfill.
“Bio-mass Conversion” shall mean the controlled combustion, when separated from other solid waste and used for producing electricity or heat, of wood, woodchips, woodwaste, tree and brush prunings. Bio-mass conversion does not include the controlled combustion of recyclable pulp or recyclable paper materials, sludge, medical or hazardous waste.
“C&D Debris Box” shall mean a portable, non-vehicular container, including but not limited to a roll-off dumpster, that is used for collection of Construction and Demolition Debris from site of generation, and for loading onto a Vehicle for Transport through the streets of San Francisco.
“Construction and Demolition Debris” or “C&D Debris” shall mean building materials and solid waste generated from construction and demolition activities in San Francisco, including, but not limited to, fully-cured asphalt, concrete, brick, rock, soil, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, fixtures, plastic pipe, metals, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction, deconstruction, demolition or land developments. This term does not include; refuse regulated under the 1932 Refuse Collection and Disposal Initiative Ordinance or sections of the Municipal Code that implement the provisions of that ordinance; materials excavated from the public right-of-way; or, unless otherwise specified in Section 1402(b), materials source separated for reuse or recycling. Hazardous waste, as defined in California Health and Safety Code sections 25100 et seq., as amended from time to time, is not Construction and Demolition Debris for purposes of this Chapter.
“Department” shall mean the San Francisco Department of the Environment.
“Director” shall mean the Director of the Department of the Environment or the Director’s designee.
“Disposal” shall have the meaning set forth in California Public Resources Code Section 40192(b), as amended from time to time.
“Facility” shall mean a facility, including a Person responsible therefor, that receives and processes Construction and Demolition Debris into its component material types for Reuse, Recycling, and Disposal of residuals.
“Fixed Body Vehicle” shall mean a Vehicle used to collect, contain, and Transport C&D Debris that does not rely on a C&D Debris Box, trailer, or any other detachable container.
“Gross Vehicle Weight” or “GVW” shall mean the maximum operating weight of a vehicle as specified by the manufacturer including the vehicle’s chassis, body, engine, engine fluids, fuel, accessories, driver, passengers, and cargo. Gross Vehicle Weight is identified in Section 13.020 of the California DMV Vehicle Industry Registration Procedures Manual “Chapter 13: Commercial Vehicles,” as Declared GVW or Declared CGW, wherein CGW is the combined gross weight of a motor vehicle and trailer. Section 13.020 provides for vehicle weight codes A through N, starting at 10,000 up to 80,000 pounds of GVW or CGW, that must appear on a California commercial vehicle registration.
“Hazardous Material” shall mean any material defined as hazardous in California Health and Safety Code Sections 25100 et seq., as amended from time to time, and 25500 et seq., as amended from time to time.
“Landfill” shall mean a facility that (a) accepts for Disposal, in or on land, waste that is not Hazardous Material, such as household, commercial, and industrial waste, and waste generated during construction, remodeling, repair, and demolition operations, and (b) has a valid current solid waste facilities permit from CalRecycle.
“Person” shall mean a natural person, a firm, joint stock company, business concern, association, partnership or corporation, or governmental entity, including the City and County of San Francisco and its departments, boards, and commissions for projects within the geographic boundaries of the City, and its or their successors or assigns.
“Processed Residual” shall mean the remaining byproduct material after a Facility lawfully registered under this Chapter has sorted or processed C&D Debris and completed removal of material for Recovery. Processed Residual may include unrecoverable C&D Debris.
“Recover” or “Recovery” shall mean any activity, including source reduction, deconstruction and salvaging, reuse, recycling, composting, or anaerobic digestion, which causes materials to be recovered for use as a resource and diverted from disposal. Recovery shall not include engineered municipal solid waste conversion as defined in Section 40131.2, or transformation as defined in Section 40201, of the California Public Resources Code, as amended from time to time.
“Recovery Rate” shall mean the percentage of total material that is diverted or recovered from Disposal at permitted landfills and transformation facilities through processes such as source reduction, reuse, Recycling, and composting.
“Recycle” or “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 for use in the marketplace. Recycling shall not include transformation, as defined in Section 40201, or engineered municipal solid waste conversion as defined in Section 40131.2, or transformation as defined in Section 40201, of the California Public Resources Code, as amended from time to time, nor shall it include Disposal.
“Registered Facility” shall mean a person who holds a valid registration issued by the Director pursuant to this Chapter.
“Reuse” shall mean the use of an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical form of the object or material.
“Solid Waste Facility” shall have the meaning set forth in California Public Resources Code Section 40194 as amended from time to time.
“Source Reduction” shall mean any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of non-recyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials.
“Source-Separate” or “Source-Separation” shall mean the act of separating materials by type at the point of generation for Reuse, Recycling, or composting for delivery to markets, in order to be transformed into raw material for new, reused, or reconstituted products.
“Trailer” shall mean a nonmotorized, wheeled container, such as an end dump, super dump, or transfer trailer, that is used for collection and towing by Vehicle for Transport of Construction and Demolition Debris through the streets of the City and County of San Francisco. “Trailer” shall not include a C&D Debris Box.
“Transport” or “Transportation” shall mean transportation of Construction and Demolition Debris as defined in the Chapter, through the streets of San Francisco. “Transport” or “Transportation” does not include transportation of Source-Separated material, soil designated for Beneficial Reuse, or of Processed Residual, or transportation of less than one cubic yard of C&D Debris.
“Transporter” shall mean a Person in the business of Transports1
as defined in this Chapter, including his or her agents and designees. “Transporter” does not include a Person who owns or resides at the property at which the Construction and Demolition Debris was generated, a City department, or an entity performing activities approved and funded through the City’s refuse rate-setting process.
“Vehicle” shall mean a motorized vehicle used to Transport Construction and Demolition Debris as those terms are defined in this Chapter, including but not limited to Fixed-Body Vehicles, roll-off Vehicles, and Vehicles towing Trailers.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
CODIFICATION NOTE
(a) Except as provided in this Chapter, no Person, other than the owner or resident of the property where the C&D Debris was generated, a City department, or an entity performing activities approved and funded through the City’s refuse rate-setting process, may Transport or cause the Transport of, and no Person may accept or cause acceptance for processing of, C&D Debris unless the transporting and/or accepting Facility has valid permit(s) and/or registration(s) as required by this Chapter. Except as provided in this Chapter, all C&D Debris must be Transported to and processed at a Facility registered under this Chapter and may not be Transported directly to landfill. No Person shall direct or cause the Transport of C&D Debris to landfill unless the material is documented to have been received as Beneficial Reuse, or the material is Processed Residual from a Facility registered under this Chapter. This provision is not intended to preclude or inhibit Source-Separation or carrying of Source-Separated materials to appropriate facilities, or the carrying of Processed Residual to landfill..1
(b) No permit or registration granted under this Chapter shall substitute for any license or permit required by state, federal, or other City law, nor does compliance with the requirements of this Chapter relieve any party of compliance with any other applicable State, federal, or City law. Any permit or registration recertification or renewal shall not constitute issuance of a new permit or registration.
(c) Director To Issue Permits and Registrations. The Director shall issue a permit or registration upon a determination that an application is complete and satisfies the requirements of this Chapter. If the Director determines that the information required by the application is not complete, the Director shall provide written notice to the applicant of the remaining information needed.
(d) Permit and Registration Renewal. Except as otherwise provided in this Chapter, if a Person submits a satisfactory permit or registration renewal application in the form and manner prescribed by the Director 30 or more calendar days prior to the expiration date, the current permit or registration will continue in full force and effect until the Director grants the renewal. A Person may not renew a permit or registration during a period of suspension, either by filing a renewal form or by operation of law. At the end of the suspension period, the Person may apply for renewal, if eligible, or otherwise may apply for a new permit or registration.
(e) Obligation to Notify Director of Changes in Information and Lawful Status. A Person with a permit or registration must notify the Director in writing of any change in information it submitted to the Department in connection with a permit or registration application or renewal, within 30 days of such change. In addition, a Person with a permit or registration must notify the Director in writing within 24 hours of any event affecting its lawful ability to conduct business.
(f) Nonliability of San Francisco, and Save Harmless Clause. Each permit and registration issued shall provide that it is granted on the condition that the Person who holds the permit or registration shall indemnify and save harmless the City and County of San Francisco, and its officers and employees, from any and all claims, losses, damages, injuries, and liabilities, however the same may be caused and regardless of the negligence, if any, of the City and County of San Francisco, resulting directly or indirectly from business operations for which the registration or permit has been granted, and that the acceptance of the permit or registration shall bind the owner to so indemnify and save harmless the City and County of San Francisco and its officers and employees.
(g) Material Reduction and Recovery Plan Required for Full Demolition of Existing Structure. A Person conducting full Demolition, as permitted by the Department of Building Inspection, must submit a Material Reduction and Recovery Plan (Plan) to the Director that provides for a minimum of 75% Recovery away from landfill of C&D Debris, including materials Source-Separated for Reuse or Recycling. The Plan may propose to use facilities and transporters that are not registered or permitted under this Chapter only for materials that will be Source-Separated. The Plan shall identify strategies that prioritize the reduction of C&D Debris generated, onsite and offsite reuse of materials, Source-Separation, and maximizing Recovery..1
The Plan must be submitted to the Director at the time the Person applies for a full Demolition permit from the Department of Building Inspection and must include the following information: a list of all material types and volumes anticipated from the full Demolition; the market or destination for each material; the estimated Recovery Rate; and the anticipated transporter for each material type. The Director may specify the form and manner for Plan submission, and require submission of additional related information and supporting documentation as part of a complete Plan. The Director shall make a determination as to the adequacy of the Plan within five business days and shall notify the Department of Building Inspection of its decision.
(h) Within 30 calendar days of completing a full Demolition project, the Person who submitted the Plan or other agent responsible for the project must submit documentation to the Director as specified in regulations to verify the actual Recovery Rate associated with the Demolition.
(j) In the Director’s discretion, the Director may delegate to the Department of Public Works the Director’s authority under this Section 1402 to receive and review materials and handle the issuance of permits and registrations.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
CODIFICATION NOTE
1. So in Ord. 144-21.
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