What is the Construction and Demolition Debris Diversion Ordinance?

The purpose of the ordinance is to establish a program for the recycling and salvage of construction and demolition (C&D) debris. C&D debris comprises a significant portion of the waste stream that can be diverted from the landfill, thereby conserving resources, protecting our environment, and extending landfill life.  

The ordinance requires at least 50% of the debris from construction, renovation and demolition projects be diverted from landfills through salvage and recycling practices. The program makes it easy and convenient for property owners, general contractors and subcontractors to meet their responsibilities under the ordinance.   

The easiest way to meet the ordinance is to use the City's exclusive hauler, Recology, for roll-off box service.  Because the City can verify the hauling and processing of boxes by our own vendors, we do the paperwork for you, materials may be mixed together in one box, and boxes are recycled at our SMaRT Station, achieving a 78% diversion rate.  Recology also provides discounted boxes for source-separated cardboard and green materials.  Only Recology boxes may be placed in the public street.  Please call Recology for information (650-967-3034).

Covered Projects

All construction, renovation, and demolition projects of 5,000 square feet or more are subject to the ordinance, effective January 1, 2009. All phases of a project and all related projects taking place on a single or adjoining parcel are considered a single project.

• Divert 50% of C&D Debris
• Projects involving demolition of 25% or more of the project's square footage must be made available for deconstruction, salvage and recovery at least 5 working days prior to the beginning of demolition or construction activities. Salvage materials qualify towards meeting the 50% diversion requirements. For a list of salvage companies, click here or call 650-903-6311.

WHAT ARE THE STEPS TO COMPLY?

Step 1:  Before You Begin

• Remember, by using the City's exclusive hauler for roll-off box services, your project will automatically achieve a 78% diversion rate without having to complete a waste management plan or final report.  
• If you do not use the City's hauler, determine how you will manage debris*, excess building materials, and salvage materials. Before contracting with any recycling or roll-off box hauler, please review the exceptions to the City’s requirement to use Recology, the City’s exclusive hauler.  Your hauler will need to have a franchise from the City and may not charge for services unless they meet the exceptions below. Only Recology may place boxes on the street.  Contractor's trailers must be moved every 72 hours.
• Submit the single page C&D Debris Management Plan before beginning demolition (even if no permit required) or with your building permit application. There is no fee for this plan. Forms are available at the Building or Public Works counters and online here. 
• Projects using only roll-off box services from the City’s exclusive hauler, Recology, do not need to source-separate materials or submit a plan or final report because the City can easily verify diversion. All boxes are recycled at the SMaRT Station and achieve a 78% or more diversion rate. City staff will track your project for you through permit activity and hauler records. 
• SMaRT Station accepts most construction and demolition debris, including lead-painted wood, but it would be landfilled and not recycled.  SMaRT Station does not accept asbestos.

Step 2:  During Your Project

• Educate all contractors, subcontractors and employees about managing debris on the project site.
• Keep all weight tags and receipts for debris sent to salvage, recycling and disposal facilities (not required if using Recology).

Step 3:  At Project Completion

• Submit the single page C&D Final Report to the Public Works Department within 60 calendar days after the completion of the project.  This plan will show how the 50% diversion and salvage requirements were met (weight tags, etc.)

What If I Fail to Divert 50 Percent?

Failure to meet the 50 percent diversion rate will result in a diversion penalty equal to the square footage of the project multiplied by the difference between 50 percent and the actual project diversion percentage, then multiplied by one dollar ($1) per square foot.

What If I Am Late Submitting the C&D Final Report?

Failure to submit the Final Report within sixty (60) calendar days following completion of the project will result in a late fee in the amount of 10 percent of the diversion penalty fee or one hundred dollars ($100) per month until the report is filed, whichever is greater.

What Happens If I Don’t Submit the C&D Final Report?

Failure to submit a C&D Management Plan within one hundred twenty (120) calendar days following completion of the project may result in civil, criminal, or administrative penalties. 

How Can I Achieve Maximum Diversion?

If you are striving to achieve a diversion rate in excess of the minimum 50% requirement, use the City's exclusive hauler, Recology and achieve a 78% diversion rate.  Contact us for additional information and assistance. The information above is also available in this printable handout.

City of Mountain View
Public Works Department
Solid Waste & Recycling Section
500 Castro Street, First Floor
(650) 903-6311
http://www.mvrecycle.org/

Exceptions to Using Exclusive Franchised Hauler Recology Mountain View is the City’s exclusive franchised waste hauler for recycling or debris roll-off box services.  Please note that if your general contractor, subcontracts to and pays a roll-off box company, it must be Recology.  No other roll-off box company may be used. Per City Code, no other roll-off box hauler may be used unless: The materials are self-hauled by a State-licensed contractor, working at the site, who owns and hauls their own box or truck, and the hauling is an incidental part of total services (e.g. roofers, landscapers); or The materials are sold or donated to a recycling hauler or processor, who does not require payment of any kind for the collection, transportation, transfer or processing; materials are kept source-separated on site (i.e. box of metal, box of drywall); and the hauler has both a City franchise and business license.