§ 708. CONSTRUCTION AND DEMOLITION DEBRIS MANAGEMENT.

(a) This requirement applies to all Construction and/or Demolition Projects at City-owned Facilities and City leaseholds, regardless of size of the project, located within the nine counties surrounding the San Francisco Bay. All City departments shall ensure that each Construction and/or Demolition Project subject to this Section shall meet the following requirements:

(1) The Contractor shall employ the following hierarchy of highest and best use for handling Construction & Demolition ("C&D") debris as follows:

(A) Implement reduced material usage or reuse of materials before any recycling;

(B) Implement recycling of source-separated material before any recycling of mixed C&D debris material;

(C) Implement recycling of mixed C&D debris before all other forms of disposal.

(2) The contractor shall manage all project C&D debris materials to meet a minimum diversion rate of 75 percent. The Director may increase the minimum diversion rate by regulation under Section 703(b) based on the Director's assessment of infrastructure, markets and materials available to support the new rate.

(3) The contractor is prohibited from sending any C&D debris material directly to a landfill without submitting a request to and receiving approval from the Department. The request must demonstrate that all reuse and recycling options for the material have been evaluated and determined to be not possible. A request to send C&D material directly to landfill must demonstrate that beneficial reuse of the material is employed, if possible, before any material is used as alternative daily cover (ADC), and that material is used as landfill disposal only as a last resort if necessary, and shall include documentation such as a written statement by the landfill operator that the material will be used as designated.

The contractor should submit any initial request for approval to send C&D debris material directly to a landfill to the Department at the same time the contractor submits the Construction and Demolition and Debris Management Plan (CDDMP) to the City Representative, as provided in subsection (b)(2)(A)(ii), below. But if unforeseen circumstances affect the material during the project, the contractor may at that time submit an additional or amended request to the Department for its review and possible approval.

(4) The contractor is prohibited from sending any C&D debris materials directly to any facility that would incinerate such debris or otherwise process such debris using high temperature conversion technology, unless the debris is used as boiler fuel in BioMass Energy Generation, which will only be allowed after the contractor has submitted a request to and received approval from the Department. The contractor shall demonstrate in the request that all reuse and recycling options for the material have been evaluated and determined to be not possible.

(5) No solid waste or C&D debris material shall be buried or otherwise disposed of on the project site, unless engineered and processed on site for on-site reuse such as engineered backfill or landscaping; any such use shall be documented on all C&D debris material management plans and reports.

(6) In order for C&D debris to be considered hazardous, such as containing asbestos or lead, it shall be tested and determined to be hazardous by an independent professional, such as a Cal/OSHA Certified Asbestos Consultant. The waste determination and other verification shall be included with the C&D Debris Management Plan, together with a list of hazardous materials found at the project site and plans for proper disposal.

(b) Construction and Demolition Debris Management Plan. The contract between the City department and the contractor shall require the contractor responsible for construction and/or demolition debris material management to:

(1) Conduct a site assessment to estimate the types of materials that will be generated during the construction and/or demolition project, including packaging or shipping materials.

(2) Complete a plan as set forth below describing procedures for reuse, recycling and material management.

(A) Plan Requirements. The contract between the City department and the contractor shall require that:

(i) After award of the contract and prior to commencement of the demolition or construction project, the City Representative shall ensure that the contractor develops a plan for managing C&D debris material from the project to meet the requirements of this Section.

(ii) The contractor shall prepare, sign and submit a Construction and Demolition Debris Management Plan ("CDDMP") to the City Representative. The City Representative shall review the plan to ensure the contractor and the City are maximizing highest and best use of all C&D debris material and are meeting the requirements of this Section. The City Representative shall, if appropriate, approve and sign the CDDMP to ensure that the contractor abides by all requirements of this Section.

(B) The Director shall specify the form of the CDDMP by regulation pursuant to Section 703(b). The form shall include, but not be limited to:

(i) Contractor and project identification information;

(ii) Procedures to be used for C&D debris management;

(iii) A list of the materials generated from the project, their estimated weight by tons, and how they will be reused, recycled, or otherwise handled; and,

(iv) The names and locations of reuse and recycling facilities or sites, and companies that will transport the material.

(3) If the project involves a Full Demolition Permit from the code official having jurisdiction, or if the projected cost of the project exceeds $100,000, or as may be required by the Department, the City Representative shall send the approved CDDMP to the Department for optional review and approval.

(c) Summary of Diversion; Disposal. The contract between the City department and the contractor shall require that:

(1) With each application for progress payment, the contractor shall submit a signed Summary of Diversion to the City Representative showing C&D debris material diversion and disposal coinciding with the time period of the progress payment. This summary shall quantify all materials generated by the municipal construction and/or demolition project, and how they were diverted from disposal through reuse or recycling, plus supporting documentation in the form of weight slips or other similar proof. The means used to reuse or recycle debris material must be consistent with the Construction and Demolition Debris Management Plan (“CDDMP”) for the project. No material may be taken to any landfill without prior approval pursuant to Section 708(a)(3), and landfill documentation provided with the Summary of Diversion must show that material was used as specified in the CDDMP. Failure to submit the Summary of Diversion and supporting documentation to the City Representative shall render the application for progress payment incomplete and delay progress payment. The Summary of Diversion must be submitted on a form specified by regulation of the Director under Section 703(b).

(2) The City Representative shall review and, if appropriate, sign as approved, the Summary of Diversion and supporting documentation to ensure that the contractor is adhering to the approved CDDMP, and that the reported diversion rate is correct. The City Representative shall send the Department a copy of the approved Summary of Diversion for any projects subject to subsection (b)(3).

(d) Final Diversion Report. The contract between the City department and the contractor shall require that:

(1) A Final Diversion Report signed by the contractor showing the weight of C&D debris material diverted for the entire construction and/or demolition project and the overall diversion rate achieved shall be prepared and submitted to the City Representative for approval prior to final payment. The Final Diversion Report will be submitted on a form established by regulation, pursuant to Section 703(b).

(2) The City Representative will send an approved copy of the Final Diversion Report to the Department. The City Representative shall retain all supporting documentation and make it available to the Department upon request.

(e) Retention of Records. The City Representative shall retain all C&D Debris Management Plans, Summaries of Diversion, Final Diversion Reports and all supporting documentation after completion of the project for a period of time determined by the Department by regulation.

(f) Revenue. Revenues or other savings obtained from recycled or reused materials shall accrue to the City department or the contractor as negotiated between them and embodied in the contract.

(g) All factual representations required by this Section shall be signed under penalty of perjury.

(h) All forms and documentation required by this Section will be submitted electronically, if possible.

(i) Enforcement. The Director and his or her designee may administer all provisions of this section and enforce those provisions by any lawful means available for such purpose except as otherwise provided in this Chapter.

(Added as Sec. 706 by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered and amended by Ord. , File No. 110854, App. 10/11/2011, Eff. 11/10/2011; amended by Ord. , File No. 161287, App. 3/17/2017, Eff. 4/16/2017)

(Former Sec. 708 added by Ord. 88-04, File No. 030679, App. 5/27/2004; renumbered as Sec. 713 and amended by Ord. , File No. 110854, App. 10/11/2011, Eff. 11/10/2011)