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Jurisdictions have found that it helps to have a phase-in period before
implementing a construction and demolition (C&D) diversion ordinance to provide time to educate your
staff on how to implement the ordinance (if you haven’t already done so),
and to inform contractors about the ordinance and its requirements. This can
help to facilitate greater compliance with diversion requirements and a
smoother implementation of your overall C&D ordinance. The
San Jose ordinance
(Adobe PDF, 46 KB)
is one example of a program that has a phase-in
period. Providing
handouts on available diversion facilities, cost comparisons of recycling
facilities versus disposal, etc., at this time would also be helpful.
Staff Training
The kind of education and training you will need to provide staff
will depend on what sections you include in the ordinance. For example:
- If you require a deposit, you will need to develop a procedure for
handling deposits, and you will need to decide what form of payment will
be acceptable (e.g., cash, certificate of deposit, surety bond, etc.).
You will also need to establish procedures for returning deposits, and
for handling any appeals should a non-returned deposit be contested.
- If you require a particular diversion rate but also allow for a
reduced rate based on the feasibility of attaining that rate, you will
need to establish criteria and train the person reviewing applications for a reduced diversion
requirement on how to evaluate such applications. For example, they will
need to be trained to recognize which projects are likely to result in
non-divertable hazardous materials, like lead-based painted wood.
- If you require that estimates of anticipated materials to be
generated, disposed or diverted be included in a waste management plan (WMP)
as a condition of a permit, you will also need to train the person who
will be reviewing WMPs on how to evaluate the estimates. Estimates can
vary from jurisdiction to jurisdiction, depending on size and project
type. Consult with your local construction companies for accurate
estimations of C&D waste generated by project type/size.
- If you require weight tickets to demonstrate compliance with a
particular diversion rate, you could simplify the process by
establishing a recycling facility certification program. The City of San
Jose has developed a certification process
(Adobe PDF, 48 KB) for the C&D diversion facilities in their
area, which is explained on their
Construction and Demolition Recycling web page. Basically, a
contractor only has to document taking their waste material to one of
the facilities that the City has already certified recycles incoming
C&D materials at a particular rate.
- If you establish thresholds for determining which projects would
fall under the ordinance, you will need to train the staff person
responsible for reviewing the project proposals to be able to evaluate
the accuracy of a project’s estimated cost and or/square footage, and
the anticipated amount of C&D materials associated with a project of
that size, whether its a demolition, new construction, or renovation
project.
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