"Innovations" Case Studies: C&D Recycling Plans and Policies

Plans, Tools, and Strategies

• Community C&D Recycling Plans
• Tools & Strategies for C&D Plans

Community C&D Recycling Plans

Community C&D recycling plans provide information on how local governments can encourage companies hauling C&D materials to reduce their disposal in landfills. They can also encourage reduction and reuse of wastes at the source of generation.

Local governments have adopted a wide variety of policies and programs to divert C&D debris from landfills. This model study highlights the process of developing a comprehensive C&D recycling plan and some of the policies and programs that could be included in such plans.

In 1999, for the first time, two communities in California developed comprehensive C&D recycling plans. In May 1999, the County of Santa Barbara found that 14 percent of the total waste deposited at the county’s landfill was C&D debris.

The City of Hawthorne, Calif., also developed and adopted a community C&D plan on October 1, 1999.

C&D practices are changing rapidly, creating many opportunities to increase C&D diversion. The best plans use a variety of tools and strategies that are effective regardless of the success or failure of any one program component.

C&D processing facilities that extract recyclables from mixed waste are beginning to emerge throughout the state. Cities are adopting a wide range of initiatives to encourage and/or require C&D recycling, including mandates that set minimum recycling requirements on haulers and contractors. These efforts allow better tracking of local C&D practices.

Tools and Strategies for C&D Plans

Communities can reduce C&D debris using the following tools and strategies:

• Promotion, education, and technical assistance.
• Planning requirements (for example, by contractors and project developers for waste management).
• Reporting requirements (results of the waste management plans).
• Diversion requirements.
• Deconstruction requirements (for example, allow for deconstruction before demolition).
• Pre-processing requirements (processing of all C&D debris before landfilling).
• Pre-approved sites (sites arranged before the need for managing diverted materials arises; especially useful as part of disaster plans).
• Economic tools (for example, deposits and franchise fees that decrease as recycling rates increase).
• Market development (for example, create demand through buying recycled building products for projects).

C&D plans allow communities to determine the tools and strategies that best apply to local economic conditions, political realities, and individual projects. These tools and strategies may be applied to those initiating or involved in the project: city agencies and departments, franchised/nonfranchised haulers, recyclers, construction contractors, demolition contractors, builders, developers, permit applicants, and/or homeowners or property owners.

How a community uses a tool or strategy might depend on the type of project, such as those in the following categories: municipal only, private only, projects of a particular dollar amount or size, or all construction and demolition activities within the city.

Sample ordinances, permit language, and additional materials are available from the Board's C&D Web site. These can be useful when considering, adopting, and implementing any of these tools and strategies as part of a C&D planning process.

Following is a summary of some of the C&D program planning tools.

Promotion, Education, and Technical Assistance

Most communities recognize the value and importance of promotions, education, and technical assistance. Throughout the state, cities and counties have developed directories of reuse, recycling, and composting businesses, either individually or together with other communities in a region. Many communities are now developing specialized C&D directories to highlight reuse, recycling, and composting businesses that can assist C&D contractors and developers. The CIWMB provides an excellent base, with more than 500 such businesses listed by county in its online C&D recyclers database.

In addition to producing such directories, communities are holding brief training sessions, facility tours, and meetings with service providers and contractors to build bridges between the different disciplines and industries at work. Regional or countywide staffs that are knowledgeable about C&D practices and services in the area can provide invaluable technical assistance to C&D contractors and project developers to assist them to voluntarily increase reuse, recycling, and composting of materials from the C&D waste stream.

In Alameda County, a good example of a voluntary effort was the Citation Homes project in Union City. In 1999, Citation Homes completed the first phase of the Inspirations at Foothill Glen project, a development of 95 large single-family homes ranging in size from 1,875 to 2,300 square feet. In partnership with its recycling subcontractor, Citation was able to recover and recycle more than 1,000 tons of materials during the construction phase—86 percent of all waste generated on the project.

Rather than paying to haul construction waste materials, and then paying to dispose them at the landfill Citation Homes contracted with Green Waste Recovery to collect and transport the excess wood, asphalt, concrete, gypsum, and metals from the job site for recycling. Leftover wood became mulch or fuel for cogenerated power. Sheetrock scraps were turned into a gypsum soil amendment. Concrete and asphalt were ground and used as road base. Recycling efforts provided added value to the project by keeping the construction site picked up on a daily basis, which made work more efficient and safer.

Planning Requirements

Many communities are requiring contractors and project developers to plan for how they will reuse, recycle, compost, and/or dispose of their wastes. These requirements can be included as conditions of permits or mitigation plans in environmental review of projects. Often plans required are only a page or two, with the applicant identifying the types and amounts of wastes to be produced and how they plan to handle those materials (for example, identifying whether they will reuse, recycle, compost, or landfill those materials, and where they will take those materials to accomplish that).

One of the key factors that varies by location is the threshold level (or who is required to submit plans). The threshold level may vary based on the number and size of average C&D projects in the community. It may also depend on the amount of staff available to review plans and reports that may be required. Local economic conditions will often determine the threshold levels that are appropriate —a high threshold level is not appropriate if most C&D is created from individual homeowners and small commercial businesses remodeling projects.

Examples of different thresholds are highlighted below:

Oakland. The city requires C&D contractors for all city C&D projects to meet planning and reporting requirements where project costs exceed $150,000.

ACWMA Model Ordinance. The Alameda County Waste Management Authority (ACWMA) has prepared a model ordinance for all cities within the county to adopt. In that model ordinance, ACWMA recommends that all construction, demolition, and renovation projects within the city exceeding $50,000 total costs comply with the planning and reporting requirements.

Applicants for projects whose total costs are less than $50,000 are encouraged to divert at least 50 percent of all project-related construction and demolition debris. The ACWMA model ordinance offers two options for all city-sponsored construction, demolition, and renovation projects: either to require them to comply “regardless of cost” or only if the project’s “total costs are equal to or greater than [$50,000],” with a number to be determined at the local level. ACWMA offers an option for the threshold to be set for all construction, demolition, and renovation projects within the city that are 1,000 square feet or greater.

Hawthorne, Calif. The Hawthorne C&D recycling resolution requires all private construction or demolition projects over 10,000 square feet in gross floor area to comply, as well as all city projects.

Palo Alto, Calif. Projects over 10,000 square feet involving construction, remodeling, or demolition must submit recycling plans and reports.

City of Sacramento, Calif. A “Statement of Recycling Information” is required for each new commercial, office, industrial, public/quasi-public, and multifamily residential development consisting of five or more units prior to issuance of a building permit. A statement of recycling information may also be required from each existing business.

The City of Sacramento statement of recycling information must include:

• A diagram showing the flow of recyclable material from each portion of the development to the recycling and trash enclosure(s), including location of receptacle(s), frequency of collection, who is responsible for collecting and transporting recyclable materials, and specific materials targeted for recycling.
• A site plan with location and design specifications of recycling and trash enclosure(s) and receptacle(s) that meet city volume and material requirements.
• A construction plan specifying any recycled material to be used in the construction of the proposed development.
• A demolition plan to specify any proposed recycling of reusable or recyclable building material in the demolition of any structure on the subject site.
• An education/public relations program to instruct users of the development about the benefits of recycling and how to recycle.

The Sacramento requirements and similar planning requirements in Palo Alto and Oakland are all available on the CIWMB's Construction and Demolition Web site at http://www.ciwmb.ca.gov/ConDemo/. The Palo Alto and Oakland requirements—and the ACWMA model ordinance—include sample short forms for the contractors to fill out. These three cities all require contractors to submit reports as well after the project is completed (see below).

Reporting Requirements

Communities could require reports on what happens to C&D wastes together with plans, or they could require only the reports.

Hawthorne requires only reports of the quantities diverted and disposed upon completion of the project in a format approved by the city, either directly or through the local franchised hauler. Hawthorne did not require a plan to be submitted initially by contractors because city staff time available to review such plans is limited. The requirement of reports would be sufficient to inspire contractors to increase C&D recycling significantly.

Palo Alto, Oakland, and the ACWMA model provide forms for contractors to fill out. The reports document the types and amounts of materials generated at the construction or demolition site and how much was reused, recycled, composted, salvaged, or landfilled.

Diversion Requirements

Many communities require some level of diversion as part of their new C&D recycling requirements.

Hawthorne requires private projects to divert the “maximum feasible amount of construction and demolition materials.” Hawthorne also set a goal of achieving a 50 percent diversion for all C&D materials collected by the franchised hauler for calendar year 2000, to be revisited after that.

In Palo Alto, the city requires that contractors recycle materials when there is a viable recycling company available. In the ACWMA model ordinance, it expects contractors to divert at least 50 percent of all C&D debris generated by the project.

Deconstruction Requirements

Communities could require contractors to contact firms specializing in deconstruction before issuing demolition permits to determine if there is enough salvageable material to warrant the labor involved.

The City of Cotati requires that prior to any public or private demolition, all materials that can be reused or recycled shall be made available for salvage. Any entity seeking to demolish a structure within the City of Cotati is required to make known publicly its intent to demolish the structure and the availability of potentially salvageable materials by:

• Placing an advertisement in a newspaper of general circulation with the address of the site and the hours and dates that the materials will be available for salvage, making such materials available for at least 10 days.
• Mailing or delivering a written notice to all parties on file at the City of Cotati wishing to receive such notice with the address of the site and the hours and dates that the materials will be available for salvage.

In addition, the city may choose to take the above actions in the place of the entity wishing to demolish the structure.

Preprocessing Requirements

Communities could require that all C&D materials be delivered to reuse, recycling, or composting facilities for pre-processing prior to landfilling.

The Hawthorne C&D plan recommends that the franchised hauler reuse, recycle, or compost all C&D materials to the maximum extent possible. No greater than 10 percent of C&D materials collected under the exclusive franchise should be taken directly to a landfill by the franchised hauler or by an intermediary for disposal or use as alternative daily cover in a landfill.

Instead, to the fullest extent possible all C&D materials collected under the exclusive franchise should be processed to recover all reusable, recyclable, and compostable materials. In no event should less than 90 percent of C&D materials be taken to a facility for preprocessing for reuse, recycling, or composting. Processing residue may be used as alternative daily cover (ADC) and, as a last resort, landfilled.

Hawthorne felt comfortable in adopting this requirement. Their research had found more than 100 businesses that reuse, recycle, or compost C&D materials. The city found four different sites (within a reasonable commute distance) that could receive mixed C&D debris for recycling.

Preapproved Sites

Local governments could arrange sites in advance for reuse, recycling, or composting of C&D materials, or certify facilities that might be eligible for different economic incentives (see below). This approach is particularly useful for disaster plans.

After the Northridge earthquake, the City of Los Angeles arranged for sites to accept C&D debris for recycling. The city also coordinated reimbursements for staff services at those sites by the Federal Emergency Management Administration (FEMA). Field inspectors directed contractors to the closest recycling site to maximize the diversion of C&D debris from the earthquake. This encouraged private operators of the recycling sites to invest FEMA monies into equipment that has enabled them to continue to provide excellent C&D recycling services to the area ever since.

Economic Tools

Some communities have experimented with different types of economic tools to provide price signals to generators, haulers, and landfill operators to maximize waste diversion. Some of the key tools used are rates, fees, and taxes; deposits; and advance recycling fees. These economic tools are described below.

Rates

The rate structures adopted by communities for franchised hauler collection services, transfer stations, and landfill gate fees could have significant economic impact on the operations of C&D contractors. If C&D hauling is under an exclusive franchise, then cities could make sure that the rates charged for such services were less than recycling services from that hauler.

Two leading economists for solid waste and recycling, Skumatz Economic Research Associates (SERA) and Sound Resource Management Group (SRMG) have both found that the proper structuring of rates can increase reduction and recycling rates dramatically. SRMG reported in 1999 that proper rate structures have reduced waste by as much as 25 percentage points, holding other factors constant.

In some areas (for example, Del Norte County), the contract requires recycling rates to be no more than 75 percent of the rates charged for similar disposal services.

In San Jose, the permit for the Zanker Road Landfill written by the city local enforcement agency required Zanker to offer lower rates for source-separated materials than for mixed loads. This provides waste generators with an economic incentive to keep their loads clean and more recyclable. This is one of the factors that help the Zanker Road Landfill achieve a 94 percent waste diversion rate for the last five years.

Fees and Taxes

Local governments have established a wide variety of solid waste fees and taxes in California. Section 41901 of the IWMA authorized local governments to establish IWMA fees to directly cover the costs of preparing, adopting, and implementing programs in its source reduction and recycling element or county integrated waste management plan.

Many communities have established franchise fees on exclusive or nonexclusive franchised collectors. The structure of these franchise fees can be used to encourage haulers to maximize waste diversion—including C&D debris—if included in the franchise.

Santa Clara has established a system where the franchised hauler pays a lower franchise fee if it meets certain recycling requirements detailed by the city. In Monrovia, the franchise fee for non-exclusive franchised haulers is reduced directly proportional to the level of recycling achieved (that is, up to 24 percent recycling, the franchise fee is 16 percent; at 25 to 49 percent recycling, the franchise fee is 12 percent; and over 50 percent recycling, the franchise fee is 8 percent).

Business taxes or surcharges on landfills can also be powerful economic incentives for waste diversion. Waste haulers (including C&D contractors) are more motivated to decrease their wastes as the costs for disposal increase. Alameda County enacted a $6 per ton landfill surcharge in 1990 via a public referendum to pay for aggressive recycling programs throughout the county. San Jose enacted a disposal facility tax (DFT) of $13 per ton as a major revenue generator for the city.

In the structure of the DFT, San Jose exempted materials recycled by the landfill operators. This exemption played another important role in stimulating landfill operators to recover as much material as possible, rather than just burying it in the landfill.

Deposits

A number of communities have enacted financial deposits as part of the implementation of C&D programs. Generally they are a nominal amount to encourage applicants to submit their plans and to report on the amount of materials recycled.

The town of Atherton, Calif., has a creative structure for the deposit. The town requires a deposit of $50 per ton for all waste required to be recycled. Atherton’s ordinance No. 506 requires that 50 percent of waste from construction, remodeling, reroofing, and demolition projects be recycled and/or reused.

At completion of the project, the contractor must show that it has recycled at least 50 percent of the waste generated. If the contractor meets the 50 percent goal, the full deposit is refunded. If less than 50 percent is recycled, the town keeps $50 for each ton below the 50 percent goal that was not recycled.

In Cotati, a $200 deposit is required to be posted, and it is refunded after proof of reuse, recycling, or attempts thereof. In the ACWMA model ordinance, a deposit of the lesser of 3 percent of total project cost or $10,000 is required. Acceptable forms of this deposit include the following: performance bonds, surety bonds, money orders, letters of credit, and certificates of deposit.

The City of San Jose has proposed a C&D deposit for diversion (CDDD). The city proposes to collect a deposit when a building permit is issued for construction, demolition, and alteration projects. The deposit is to be paid by the project’s general contractor or property owner based on the type and quantity of C&D waste to be generated. The deposit will be set at a level sufficient to encourage generators to take their loads to certified recycling facilities.

To have their deposits returned, contractors will have to provide receipts or records showing that the project’s C&D waste has been accepted by a city-certified recycling facility or diverted by other means, including reuse. As part of the program, the city will provide to contractors a list of certified recyclers and information on how to keep C&D waste out of landfills.

Market Development

Communities need to create demand for recycled-content building products as part of their comprehensive C&D recycling programs. Communities could help increase the demand for these products through direct city purchases and contract requirements for publicly funded projects. Communities should document the results of these actions and promote them widely, to encourage other public and private organizations to follow their lead.

A range of recycled-content products is available on the market that can be included in specifications for city buildings and private developments. More than 3,000 such products are now listed in the Harris Directory, which is accessible free on the CIWMB Web site. Many products are fully tested, meet building codes, are available locally, and are cost-competitive. Starting from the ground up, they include materials such as recycled road base, rubber-modified asphalt pavement, recycled plastic site furnishings, carpeting, wallboard, insulation, paint, and ceiling tiles.

Communities could obtain lists of recycled-content building products, specifications, and samples of products to promote their use locally. The goal should be for the city to be its own best customer. In addition, communities should maintain current lists of publications on recycled-content building products available throughout the United States and locally. City staff could display those materials at permit counters and in work sessions with developers and contractors prior to awarding of permits. Such documents should also be maintained regularly in public view as a library for residents and contractors alike.

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Last updated: October 26, 2007