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HomeMy WebLinkAbout2005-06-14 - AGENDA REPORTS - CONSTR DEMOLITION RECYCLING (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: Agenda Item: if CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: June 14, 2005 Travis Lange FIRST READING OF CONSTRUCTION AND DEMOLITION MATERIALS RECYCLING ORDINANCE Field Services RECOMMENDED ACTION Introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE BY ADDING A NEW CHAPTER 15.46, CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT, TO DIVISION 3 OF TITLE 15 OF THE SANTA CLARITA MUNICIPAL CODE." BACKGROUND Pursuant to the California Integrated Waste Management Act of 1989 (AB 939), the City of Santa Clarita is required to divert 50 percent of the waste generated or accumulated within the City. If it fails to do so, the City could be fined up to $10,000 per day for non-compliance. Currently, the City is not in compliance with the 50 percent diversion requirement. The most recent (2003) diversion rate was 40 percent. The City has submitted an application for an additional time extension on its compliance deadline which would give the City until the end of 2005 to achieve a diversion rate of 50 percent. As part of its AB 939 compliance efforts, the City is implementing new and innovative programs to help reach the 50 percent diversion goal. One of the programs is a Construction and Demolition materials (C&D) recycling program. This would include the recycling of waste materials coming from construction and demolition projects, such as wood, cement, bricks, etc. C&D projects are major contributors to the waste stream attributed to sources within the City. It is estimated that statewide, approximately 13 percent of the waste stream comes from C&D. Based on a study of the waste generation activities that occur in the City, approximately 25 percent of all of the waste that goes to landfills from sources within the City comes from Ordinance passed to Second reading non -franchised activities, the majority of which are from roll -off bins located at construction and demolition projects (staff is looking into addressing the remaining amount of waste through a permitting system). This waste stream has a high potential for recycling (in one case, more than 90 percent of the waste generated by a project was diverted). The City has received reports from haulers demonstrating up to 85 percent diversion in a quarter. Several jurisdictions have decided to implement C&D ordinances in order to address this major contributor to the waste stream including, the County of Los Angeles, the City of La Caflada Flintridge, the City of Santa Monica, and the City of Torrance. Therefore, the City has prepared an ordinance based on a model ordinance created by Burke, Williams, & Sorenson, LLP and adopted by the California Integrated Waste Management Board with changes to address the needs of the City of Santa Clarita. In an effort to be sure the ordinance reaches its maximum desired effect, City staff sent notices to approximately 500 stakeholders informing them of two meetings (May 25 and 26, 2005) to discuss the ordinance and to obtain stakeholder feedback. Approximately twenty to twenty-five people attended the meetings to voice their concerns and to provide feedback to the City. Staff took careful note of the comments made in each meeting and implemented some of the changes that were recommended by the stakeholders. Among the concerns of the stakeholders were issues regarding how the City will count inerts in determining compliance with the ordinance and how much inert recycling would be required by the City. As a result staff split the requirement of 50 percent diversion into two separate categories, inerts and other materials. Staff then sent out a follow-up email to interested stakeholders answering their questions and outlining some of the changes that staff made as a result of the meetings. Based on the comments made by the stakeholders and the adjustments made to the ordinance, it would require the following: • 50 percent diversion from landfills of the waste generated at a grading, construction or demolition project (50 percent of inert materials and 50 percent of remaining C&D materials). • A Construction and Demolition Materials Management Plan (C&DMMP) outlining how the developer plans to divert the waste anticipated to be generated by a project prior to receiving a building permit. The City currently has a brochure that can assist a developer with preparing an adequate plan. • A deposit of three percent of the total project cost or $50,000 (whichever is less) that will be returned to the developer upon providing proof that 50 percent of the materials were diverted. This ordinance would apply to new grading and construction and demolition projects with an overall estimated cost of $500,000 or more and renovation projects with an overall estimated cost of $100,000 or more. This will encompass a large number of projects (well over 500 per year). The ordinance will require developers to submit a deposit to the City prior to commencing their projects. The deposit would be returned at the end of the project upon submission of proof of 50 percent diversion. Staff will conduct workshops to assist developers with the preparation of C&DMMP reports and will also work with the developers, during on-site inspections, to ensure that none of the deposits are left to the City in default for non-compliance. Any funds left in default would be earmarked for diversion programs to help keep waste out of landfills. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT None by the action. ATTACHMENTS C & D Recycling Ordinance