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Local Government Library: Model Documents

Model Construction and Demolition (C&D) Diversion Ordinance

Legislation

The California Integrated Waste Management Board (Board) has developed a model construction and demolition (C&D) diversion ordinance, as required by Senate Bill 1374 (Kuehl, Chapter 501, Statutes of 2002), to assist jurisdictions with diverting their C&D waste material. Specifically, the Board was directed to:

"...Adopt one or more model ordinances, suitable for modification by a local agency, that the local agency may adopt that will require a range of diversion rates of construction and demolition waste materials from 50 to 75 percent, as determined by the Board, and as measured by weight."

Jurisdictions are not required to adopt their own C&D ordinance, nor are they required to adopt the Board's model ordinance as their own by default. However, SB 1374 also added a new set of circumstances (related to C&D waste diversion) to those previously included in Public Resources Code section 41850 that the Board shall consider when determining whether to impose a fine on a jurisdiction that has failed to implement its Source Reduction and Recycling Element (SRRE). Those circumstances are the following:

  • If a jurisdiction has been issued a compliance order for failure to implement its SRRE and
    • it has failed to meet the requirements of that order; and
    • it has reported to the Board that C&D waste is at least a moderately significant portion of its waste stream;
  • Then the Board shall include in its consideration whether the jurisdiction has taken any action to divert that C&D waste, including
    • adopting its own C&D diversion ordinance,
    • adopting the Board's model ordinance, or
    • implementing another program to encourage or require the diversion of C&D waste.

How the Model Ordinance Was Developed

Board staff developed the model ordinance based on feedback solicited from local government, building industry representatives, C&D recyclers and waste management companies, and on C&D diversion ordinances already being implemented by jurisdictions.

The most typically used sections in existing ordinances have been incorporated into the model ordinance, making the model a composite of ordinances reviewed. The model is quasi-modular in format so that you may pick and choose which sections of the model you want to include in your own ordinance. The Board adopted the model ordinance at its March 16, 2004, Board Meeting (Agenda Item #13).

View the model ordinance (MS Word, 162 KB)

Local Government C&D Diversion Information

The Board has an existing Web page on C&D recycling that includes examples of C&D ordinances currently being implemented around the state, and useful information related to contractors and C&D waste diversion. The C&D Informational Guide provides information to jurisdictions and general contractors on methods and activities to divert construction and demolition (C&D) materials.

Related Events and Information

Public Workshop

Board staff conducted a public workshop on C&D diversion ordinances on July 8, 2004 in Sacramento. Two panels composed of local government and industry representatives with expertise in C&D diversion ordinances shared their insight and experiences. The workshop was broadcast over the Web.

Presentations made at the workshop are listed below as downloadable files. (Please notice file sizes.)

The workshop transcripts (Adobe PDF, 1.3 MB) and the July 8 C&D Workshop audio files (Windows Media Audio, 32 KB/sec, 3:14 hours) are also available.

For questions about the model C&D diversion ordinance or the workshop, please contact Diana Suarez-Arguelles.

C&D Forum: Closing the Loop on C&D Materials

Board staff conducted a C&D Forum: Closing the Loop on C&D Materials on May 31, 2006. The purpose of this forum was to share information on C&D diversion as it relates to creating infrastructure and markets for C&D materials.

Two panels of experts spoke on the following:

  • Local governments' experiences with creating and/or using infrastructure to divert C&D waste.
  • Industry and local government perspectives on issues related to creating markets for C&D materials, as well as an example of reusing C&D materials on site.

Video presentations of the speakers are also available along with the complete workshop transcripts (Adobe PDF, 202 KB).

For questions please contact Diana Suarez-Arguelles or Maria Kakutani. You may also call (916) 341-6199 or e-mail dplaola@ciwmb.ca.gov with subject line: 2006 C&D Forum.

C&D Resources

Below are selected links on C&D diversion that may help your jurisdiction "close the loop." Additional references and resources are also available.

C&D Informational Guide | Sample C&D ordinances from California cities and Counties

 

Last updated: December 28, 2007

Local Government Central  http://www.ciwmb.ca.gov/LGCentral/
Larry N. Stephens: lstephen@ciwmb.ca.gov  (916) 341-6241