Ordinance No. 08-2022 Recycling & demolition wasteORDINANCE N0.08-2022
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING THE CUPERTINO
MUNICIPAL CODE, ADDING CHAPTER 16.70 -RECYCLING AND DIVERSION OF
CONSTRUCTION AND DEMOLITION WASTE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION I
Amendment
16.70.01 Findings of the City Council
16.70.02 Definitions
16.70.03 Covered Projects
16.70.04 Diversion Requirements
16.70.05 Information Required Before Issuance of Permit
16.70.06 Administrative Fee
16.70.07 Reporting
Section 16.70.01: Findings of the City Council
Under California law as embodied in the California Waste Management Act of 1989
(California Public Resources Code Sections 40000 et seq.), the City of Cupertino is
required to prepare, adopt and implement source reduction and recycling plans to reach
landfill diversion goals, and is required to make substantial reductions in the volume of
waste materials going to the landfills;
2. In order to meet these goals it is necessary that the City promote the reduction of solid
waste, and reduces the stream of solid waste going to landfills; and
Waste from construction, demolition, and renovation of buildings represents a significant
portion of the volume of waste presently coming from the City of Cupertino and much of
this waste is particularly suitable for recycling and reuse;
4. The City's commitment to the reduction of waste requires the establishment of programs
for recycling and salvaging of construction and demolition (C&D) waste;
Ordinance No. 08-2022
16.70.02: Definitions
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For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by this section, unless the context or the provision clearly requires otherwise.
A. APPLICANT. 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 project within the City.
B. CONSTRUCTION. The building of any facility or structure or any portion thereof
including tenant improvements to an existing facility or structure.
C. CONSTRUCTION AND DEMOLITION DEBRIS or C&D DEBRIS. 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 structure.
D. COVERED PROJECT. A project meeting the specifications of section 16.70.03 of this
section.
E. DEMOLITION. 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.
F. DIRECTOR OF PUBLIC WORKS. The Director of Public Works and his or her duly
authorized agents and representatives.
G. DIVERT. Use material for any purpose other than disposal in a landfill or transformation
facility.
H. DIVERSION REQUIREMENT. The diversion of a percentage, as determined from
time to time by the Director of Public Works, of the total construction and demolition
debris generated by a project via reuse or recycling.
I. PROJECT. Any activity, which requires an application for a building or demolition
permit, or any similar permit from the city.
J. RECYCLING. 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.
K. RENOVATION. Any change, addition, or modification in an existing structure.
L. REUSE. Further or repeated use of construction or demolition debris.
M. SALVAGE. 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.
N. WASTE MANAGEMENT PLAN. A plan, prepared in a form approved by the
Director of Public Works, that identifies the amounts of all construction and demolition
debris generated by the project, the amounts recycled or diverted, and the intended
salvage, reuse, and recycling facilities chosen formalist of City approved facilities.
Copies of supporting documentation shall be required and included as a part of the final
construction and demolition debris recycling reporting.
Ordinance No. 08-2022
16.70.03: Covered Protects
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A. All construction, demolition and renovation projects within the City, which involve the
construction, demolition or renovation of 3,000 square feet or more, shall comply with this
section. For the purposes of determining whether a project meets the foregoing thresholds, all
phases of a project and all related projects taking place on single or adjoining parcels, as
determined by the Director of Public Works, shall be deemed a single project.
B. Compliance with this Chapter shall be listed as a condition of approval on any building or
demolition permit issued for a Covered Project.
16.70.04: Diversion Requirement
A. Applicants for any covered project are required to recycle or divert at least sixty percent
(60%) of all generated C&D tonnage from demolition projects to an approved facility or by
salvage.
B. If an Applicant for a Covered Project experiences circumstances that the Applicant believes
make it impossible to comply with the Diversion Requirement, the Applicant shall submit
written justification with the Waste Management Plan. The Director of Public Works will
determine, in writing, whether any diversion requirements shall be waived in whole or in part on
grounds of impracticability or impossibility.
16.70.05: Information Required Before Issuance of Permit
Every applicant shall submit a properly completed "Waste Management Plan" on a form
prescribed by the City, as a portion of the building or demolition permit application process for a
covered project. The Waste Management Plan shall indicate the following: (1) the estimated
volume or weight of project construction and demolition debris, by material type, to be
generated; (2) the maximum volume or weight of such materials that can feasibly be diverted
vial reuse or recycling; (3) the vendor that the applicant proposes to use to haul the materials; (4)
the facility to which the materials will be hauled chosen from a list of facilities approved by the
City; (5) the estimated volume or weight of construction and demolition debris that will be land-
filled. In estimating the volume or weight of materials identified in the waste management plan,
the applicant shall use the standardized conversion rates approved by the City for this purpose.
Approval of alternative facilities or special salvage or reuse options may be requested of the
Director of Public Works. Approval by the Director of Public Works, or designee, of the Waste
Management Plan as complying with this chapter shall be a condition precedent to the issuance
of any building or demolition permit for a covered project.
16.07.06: Administrative Fee.
As a condition precedent to the issuance of any building or demolition permit for a covered
project, the applicant shall pay to the City an application fee as set forth in the municipal fee
schedule.
Ordinance No. 08-2022
16.07.07: Reporting
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Within sixty (60) days after the completion of any covered project, the applicant shall submit to
the Public Works Department a final completed Waste Management Plan including reporting
documentation demonstrating that the applicant has met the diversion requirement for the
project. Documentation shall consist of a final completed report in a format provided by the City
and shall comply with the requirements of this Chapter. Copies of all facility weight tickets
and/or disposal receipts must be submitted with the report.
SECTION II
A. Enforcement
The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon
its becoming effective with the Sheriffs Office and the County of Santa Clara, State of
California.
SECTION III
B. Publication
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation published and circulated in the City within fifteen { 15) days after its passage, in
accordance with §36933 of the Government Code; shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th
day of February, 2008, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of February 2008, by the following vote:
Vote: Members of the City Council:
AYES: Sandoval, Mahoney, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino