PURPOSE:  

The purpose of this report is to make mandatory the City�s voluntary Diversion of Construction and Demolition (C&D) Debris Ordinance 3652, adopted November 20, 2004.  By requiring at least 50 percent of C&D debris from projects in the City to be reused, recycled, or recovered, as recommended by the California Integrated Waste Management Board (CIWMB), the ordinance will reduce the amount of waste sent to landfills and help meet and exceed state mandates and City sustainability goals.      

BACKGROUND:   

The California Waste Management Act of 1989 (AB 939) requires all cities and counties in the State to reduce the amount of landfill material by 50 percent or face fines of $10,000 per day.  Several bills are pending in the state legislature that would increase this diversion requirement.  Cities such as Los Angeles, San Francisco, and Santa Monica have already set diversion goals at or near 70 percent.  (The CIWMB reported that Burbank recycled 64 percent of its waste in 2005, the latest figures available, and has averaged 58 percent for the past five years.) 

In order to meet AB 939 goals, approximately half the cities and counties in California have enacted C&D debris ordinances requiring contractors to submit a Waste Management Plan (WMP) that describes how at least 50 percent of C&D debris will be kept out of landfills. CIWMB figures show that 22 percent of California�s waste is C&D debris such as bricks, concrete, lumber, steel, glass, drywall, and more; some cities in the state claim that this figure is as high as 30 percent.  In 2004, the CIWMB produced a model C&D debris ordinance and encouraged all California cities and counties to adopt or strengthen it.  

The voluntary C&D ordinance, developed by the Public Works Department and the Building Division of the Community Development Department, provided a two-year adjustment period for building industries to begin incorporating appropriate recycling standards into their construction projects.  Through the voluntary ordinance, the City gave contractors an opportunity to implement a pilot recycling program and gave staff an opportunity to refine the ordinance by evaluating results from participants and amending any unclear or ineffective requirements.

Recent City Council direction and community feedback indicate an interest in a mandatory C&D ordinance. In August 2006, Public Works presented to Council a zero waste plan for the City and was requested to return with a C&D debris ordinance, considered one of the most effective methods of reducing waste. 

Public Works has reviewed 25 C&D debris ordinances (see attachment) from both the CIWMB list and nine of the 12 cities the Management Services Department utilizes for comparison purposes.  Staff has also spoken in depth to neighboring cities included in the survey such as Glendale, Pasadena, Santa Clarita, Santa Monica, and Inglewood. The cities of Long Beach and Riverside, not included in the survey results, are preparing C&D debris ordinances.

The following is a summary of comments from the cities surveyed:

• No Opposition: None of the cities found opposition to their ordinances and no significant default of deposits by contractors.  Glendale�s ordinance is only one year old, so its data is minimal.  

• Diversion Required:  All but three cities (Oakland, San Mateo, and Santa Monica) required a 50 percent diversion rate, as set forth by the CIWMB, and those three required 75, 60, and 60 percent, respectively.

• Projects Included:  Six cities replied that every project is required to recycle C&D debris. Other city requirements are based on one or a combination of the following:  square footage, dollar valuation or a flat fee ($200 or $500).  Four cities set deposits at three percent or $30,000, whichever is less.  Two set it at three percent or $50,000, whichever is less.  

• City-Sponsored Projects:  Most cities said public and private projects must meet the same requirements; i.e., city projects were not exempt from the ordinance.      

• Penalties:  Penalties for non-compliance to the ordinance vary widely among the cities.  For example: six months in jail, $1,000 fine, or both; a fine equal to a percentage of the total project valuation; a $100/day fine for first violation and progressively higher amounts for second, etc.; a fine not to exceed $500; or a discretionary amount. (Cities reported few or no defaults.)

• Exceptions:  Three cities exempt roofing jobs from the requirements because roofing materials are difficult to recycle. Other materials that are difficult to recycle might be exempted in the future. Inglewood exempts pre-fabricated structures such as enclosed patios and materials used in electrical, plumbing, and roofing jobs. 

A recent issue of Recycling Today magazine reported that most contractors surveyed said C&D debris recycling has definite positive public relations value. Some contractors recycled C&D debris before it was required because it was cost effective to do so. 

The City�s Green Building Coordinating Committee, composed of Public Works and Building Division staffs, carefully reviewed building activity in Burbank to arrive at the appropriate program requirement levels and deposit amounts for an ordinance. 

The Building Division sent letters describing the revised C&D recycling program to local community and industry groups such as the Burbank Chamber of Commerce, Association of Realtors, Building Industry Association of Southern California (BIASC), and the Building Industry Association � Los Angeles County East Chapter.  The Building Division has not received any requests for a discussion of the ordinance, although the BIASC did request a copy of the proposed ordinance.  On November 15, 2006, the draft ordinance was discussed and accepted by the Board of Building and Fire Code Appeals.

ANALYSIS:

I.  Program Requirements:

The mandatory C&D debris ordinance to require developers and builders to reduce waste by 50 percent will affect residential and non-residential new construction, additions, remodels, renovation, tenant improvements and alteration projects over 500-square feet (sf) in scope.  In addition, all demolition projects and re-roofs, regardless of size, must recycle 50 percent of their waste instead of taking all debris to a landfill.  A list of recycling centers will be provided in the Construction and Demolition Debris Diversion Reference Manual (Debris Diversion Manual).

The ordinance will go into effect July 1, 2007, and apply to all qualifying permit applications submitted to the Building Division from that date forward.

The revision to the ordinance is exempt from the California Environmental Quality Act under Section 15061(b)(3) as it does not have the possibility of causing any impacts to the environment.

The minimum size requirement was established by analyzing the size of past residential additions from the previous two years of Building Division permit records.  The ordinance's initial threshold has been set at 500-sf because this is the most common size of a residential addition project in the City.  Setting the minimum above 500-sf would exempt the majority of C&D debris tonnage generated in the City.  A requirement below 500-sf could create a hardship for smaller projects that typically may not need to rent a roll-off bin or hauling truck.

The 500-sf requirement also seems to be a natural cut-off point because it is the minimum size project that is required to pay a School Board fee.  The minimum level for participation can be adjusted on an annual basis if statistics show that the 500-sf threshold is not incentive enough to encourage recylcing.

The following is an example of a qualifying project:  A report by the National Association of Home Builders estimates that a typical new 2,000-sf single-family home produces 50 cubic yards, or four tons, of debris. This project would be required to recycle 50 percent, or two tons, of debris.

To keep the ordinance in compliance with state regulations and marketplace trends, the program�s variables will be listed in the Debris Diversion Manual and not specified in the ordinance. Thus, program requirements can be altered without necessitating a formal code change.  The following variables are subject to change due to marketplace forces, state laws, and/or City program evaluation:

• C&D materials to be recycled

• Deposit amount

• Required percentage to be recycled

• Types and sizes of affected projects

• State mandates

II. Costs:

Recycling C&D debris, compared to disposal at the three local landfills, has become almost

cost-neutral. For example, tipping at the privately-owned Sunshine Canyon Landfill costs the

same as tipping at the privately-owned Community Recycling & Resource Recovery facility

in Sun Valley. The per-ton tipping fee at Scholl Canyon Landfill in Glendale, operated by Los

Angeles County, is only $9 more than that of the Community Recycling.

Recycling C&D debris does not constitute an additional step for the contractor or homeowner.

The debris is hauled to a recycling facility in lieu of a landfill, and both types of facilities are 

readily available in the Los Angeles area.  In addition to the Community Recycling facility, there

are two other nearby mixed recovery facilities:  Looney Bins in Sun Valley and Downtown 

Diversion in Los Angeles.

Identical methods of waste collection or containment can be used for recycling or landfilling.

Typically, a bin from a waste hauler is rented, and its contents transported from the job site. 

Most of the haulers licensed to operate in Burbank already recycle C&D debris because they

find it valuable or realize that it is a cost savings to do so. Using a waste hauler that already 

recycles is an acceptable way of meeting the ordinance requirements.

Sorting the waste by material type is not required for recycling.  If one wishes to take debris directly to a recycling facility, there are three local mixed-waste recycling facilities that accept and sort commingled debris; however, the contractor or homeowner can receive money from the recycling facility for certain types of pre-sorted debris such as metals or cardboard.

III. Deposit:

The refundable deposit amount is based on the total tonnage of debris generated. In its report on the generation of residential and non-residential debris entitled �Characterization of Building-Related Construction and Demolition Debris in the United States,� the U.S. Environmental Protection Agency (EPA) has determined a pound per sf rate for the major types of C&D projects.

The waste assessment results, listed in the table below, are weighted averages of typical debris generated. The figures �should change very slowly over time,� the report said, because �construction materials used and building construction practices remain relatively constant from year to year. Composition of waste from demolished buildings built over a range of years should change even more slowly.�

The deposit amount will start at $250 for the first ton and $50 for each additional ton with a cap of $1,000 for residential and $5,000 for non-residential projects. Below are two examples of how the refundable deposit is calculated. Staff will assist the applicant with calculating the deposit. A non-refundable administrative fee of $50 will be collected with the deposit.

Example 1:  To calculate the deposit for a 500-sf residential addition, multiply 500-sf by 4.5 lbs/sf, the debris factor for new residential construction. This equals 2,250 lbs.  Since one ton equals 2,000 lbs., the deposit amount for this particular project is $250, the amount for the first whole ton.

Example 2: To calculate the deposit amount for a 3,000-sf tenant improvement, multiply 3,000-sf by 5.0 lbs/sf, the debris factor for tenant improvements. This equals 15,000 lbs or 7.5 tons. Rounding down to seven whole tons, the deposit for the first ton is $250 plus $50/ton for each of the additional six tons.  The total deposit for this particular project is $250 + $300 = $550.

IV. Application Process:

Here are the four steps in the application process for affected projects:

1.   Submit a Waste Management Plan (WMP) with the permit application to the Building Division when applying for a Building Permit. The applicant will receive a user friendly WMP form that can be filled out by either a contractor or homeowner/builder.

2.   Post a refundable deposit as calculated by the formula listed on the WMP form. The applicant can either accept the default EPA lbs/sf figures (listed in the table above), or they can choose to itemize debris on the second page of the WMP if the permit for the project is being obtained by a licensed contractor. A detailed explanation of how the deposit is calculated is included in the Debris Diversion Manual.  Staff will assist with the WMP, whenever necessary.

The deposit amount is based on the tonnage of generated waste as listed in the above table.  Currently, the deposit amount is $250 for the first ton and $50 for each additional ton with a cap of $1,000 for residential projects and $5,000 for non-residential (or commercial) projects. An administrative fee of $50 will be collected with the deposit as listed in the Burbank Fee Schedule.

3.   Recycle 50 percent of the solid waste tonnage as declared in the WMP by taking the debris to a recycling facility. A list of what qualifies as C&D debris materials is included in the Debris Diversion Manual.  A C&D Debris Worksheet and Job Tracking Sheet will be available as handouts to assist the applicant in determining what materials need to be and have been recycled.  Inert materials removed from the project site such as dirt, natural soil, and gravel, do not have to be recycled and are not included in the required recycled tonnage. Material to be recycled must be hauled by a recycler or taken to a recycling facility and not a landfill.

4.   Provide documentation and a Recycling Summary Report (RSR) within 30 days of the completion of the project to the Building Division indicating the required amount of C&D debris was sent to a recycling facility. Once the RSR and recycling receipts have been confirmed, a refund check will be mailed to the permit applicant. Construction projects that began without required permits forfeit the deposit refund because the 50 percent diversion of the total debris cannot be verified.

V. Resources:

Research suggests the ordinance should be kept simple and user friendly.  The City will provide contractors with a list of local recyclers of C&D materials such as those found in the Construction Directory and Demolition Recyclers, City of Los Angeles, published 2005. These include both C&D material recovery facilities that separate commingled C&D debris, e.g., the nearby Downtown Diversion and Community Recycling, and other recyclers of specific materials such as metals, gypsum, wood, brick, glass, or cardboard. The state online database of recyclers is available at www.ciwmb.ca.gov/ConDemo/Recyclers/.

Additional recycler information is also available:  the CIWMB C&D Debris Recyclers Database for Los Angeles County, the U.S. General Services Administration�s  Construction Waste Management database, and reuse organizations in the Los Angeles area such as Habitat for Humanity, Interior Removal Services, and CalMAX and LaCoMAX, the state and county materials exchange outlets.

The above information, along with detailed instructions for completing forms, can be found in the Debris Diversion Manual on the Building Division homepage located at www.burbankca.org/building.

VI. Summary:

Recycling C&D waste will save landfill space and natural resources, reduce waste, benefit the environment, help Burbank achieve its sustainability goals, and maintain state mandates.  It will also provide contractors and homeowner/builders with helpful information that in some cases can reduce their costs.    

FISCAL IMPACT:

The ordinance will require staff time for processing and refunding deposits.  The $50 administrative fee will help offset the cost of collecting and refunding the deposit and reviewing documents such as the WPM and RSR.  Processing time is estimated at one hour per project; larger and/or more complex projects may require additional time.  

FY 2005-06 figures indicate that the Building Division would receive WMPs from approximately 2,000 affected projects in a calendar year, or an average of 2,000 hours of staff time annually.  Cost of additional staff time to implement and administer the ordinance will be offset by proposed building permit fee increases.

Money from forfeited deposits will go into a revenue account for construction recycling outreach and educational programs.

RECOMMENDATION:

Staff recommends that City Council approve the revised mandatory C&D ordinance, as written, with authorization for the City Clerk to publish the ordinance governing the diversion of C&D debris.

ATTACHMENTS:

Exhibit A: �Diversion of Construction and Demolition Debris� draft Ordinance

Exhibit B: Construction and Demolition Debris Diversion Reference Manual

Exhibit C: Summary of 25 C&D City Ordinances

go to the top