HomeMy WebLinkAbout2016-07ORDINANCE NO. 2016-07
AMENDING PROVISIONS OF CHAPTER 10-10 OF THE DANVILLE MUNICIPAL
CODE TO INCREASE THE RECYCLING REQUIREMENT FOR CONSTRUCTION
DEMOLITION AND DEBRIS
The Danville Town Council does ordain as follows:
SECTION 1. The following provisions of Chapter 10-10 of the Danville Municipal Code
are hereby amended to read as follows:
10-10.1 Definitions. For the purposes of this section, the following definitions
shall apply:
b. Certified CFD recovery facility. Any facility certified by the Central Contra Costa
Solid Waste Authority (CCCSWA), or the Town, to recover at least sixty five percent
(65%) or more of recyclable materials from C&D disposal and provide a receipt or other
equivalent documenting this disposal and recovery.
k. Diversion requircuimt. Redirection from the waste stream of at least sixty five
percent (65%) of the total construction and demolition debris generated by a project via
reuse or recycling, unless the applicant has been granted an infeasibility exemption, in
which case the diversion requirement shall be the maximum feasible diversion rate
established by the WMP compliance official for the project.
10-10.2 Waste Diversion Requirement.
The applicant for a covered project, as defined below in subsection 10-10.3(a), shall
divert at least sixty five percent (65%) of construction and demolition debris unless the
applicant is granted an infeasibility exemption.
10-10.3 Threshold for Covered Projects
a. Covered projects. All projects within the Town which are subject to the
construction waste reduction, disposal and recycling requirements of the California
Green Building Standards Code, as adopted in Chapter 10-7 of this Code.
10-10.7 Submission of the Waste Management Plan.
a. Applicants for any covered projects shall complete and submit a WMP on a form
approved by the Town as part of the application submittal requirements for a building,
grading, demolition or similar permit. The WMP shall include an acknowledgement of
responsibility that the applicant and/or property owner understands the consequences
of not meeting the sixty five percent (65%) diversion requirement and that the applicant
and/or owner is responsible for the actions of its contractors or other agents with
regard to the diversion requirement. Both the project property owner and general
contractor will acknowledge this responsibility and indicate so by their signature on the
WMP.
b. No building, grading demolition or similar permits shall be issued for any
covered project, nor shall any demolition, construction or renovation take place on any
covered project, unless and until the WMP compliance official has approved the WMP.
Approval shall not be required, however, when the Town determines an emergency
demolition is required to protect public health or safety. A WMP shall receive initial
approval only when the WMP compliance official determines that the following
conditions have been met:
1. The WMP provides all of the information requested in Section 1 of the form;
and
2. The WMP indicates how sixty five percent (65%) or more of all C&D waste
generated by the project will be diverted.
SECTION 2. CODIFICATION.
Section 1 of this ordinance shall be codified in the Danville Municipal Code.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
PAGE 2 OF ORDINANCE NO. 2016-07
The foregoing Ordinance was introduced on November 15, 2016 and approved and
adopted by the Danville Town Council at a regular meeting held on December 20, 2016,
by the following vote:
AYES:Arnerich, Blackwell, Morgan, Stepper, Storer
NOES: None
ABSTAIN: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY ,
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2016-07 of said Town and that said
ordinance was published according to law.
Dated: _
PAGE 3 OF ORDINANCE NO. 2016-07
