AN ORDINANCE relating to the solid waste system of Seattle Public Utilities; prohibiting recyclable material from disposal in construction and demolition garbage containers and railhead intermodal containers, as well as at the City's transfer stations; establishing a construction waste recycling facility certification program; requiring the submittal of waste diversion reports by certain construction and demolition waste generators; and amending Seattle Municipal Code Sections 21.36.089 and 21.36.922.

WHEREAS, City Council Resolution 30990 established new recycling goals for the City and provided direction on waste-reduction and recycling programs including those for construction and demolition waste; and

WHEREAS, the City discussed construction and demolition (C&D) material recycling program options with industry stakeholders during the fall of 2010, which included mandatory C&D recycling for certain generators with submittal to the City of waste diversion reports, landfill disposal bans on targeted C&D materials, and recycling facility certification; and

WHEREAS, the City adopted a disposal ban on concrete, bricks and asphalt paving from all construction and demolition garbage containers effective January 1, 2012, as a result of the 2010 stakeholder discussions; and

WHEREAS, the City conducted recycling potential assessment modeling for new C&D recycling programs as part of its Comprehensive Solid Waste Management planning process and found a 70 percent Citywide recycling goal for construction and demolition waste is achievable by 2020 through a variety of new recycling program options; and

WHEREAS, the City undertook a public review to get feedback on the draft Comprehensive Solid Waste Management Plan during the fall of 2011 and found stakeholders are supportive of continued City promotion of voluntary industry-driven programs such as LEED and Built Green; deconstruction and voluntary salvage assessment services; a C&D recycling facility certification program identifying qualifying facilities; and phased-in disposal bans for targeted C&D materials as end markets become well established; NOW, THEREFORE

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 21.36.089 of the Seattle Municipal Code is amended to read as follows:

21.36.089 (( Concrete, bricks and asphalt paving --recycling required )) Construction and Demolition Waste Recycling Required

A. Recycling Required.

1. As of January 1, 2012, all construction and demolition projects (( sites )) shall separate out readily recyclable concrete, bricks and asphalt paving for reuse on or off site, (( and/or )) recycling and/or beneficial use, and such quantities of concrete, bricks, and asphalt paving shall not be deposited in construction and demolition site garbage containers for disposal at a public or private transfer station, railhead intermodal containers, or in the garbage disposal areas at the City's Recycling and Disposal Stations after that date.

2. As of January 1, 2014, all construction and demolition projects shall separate out readily recyclable metal (ferrous and non-ferrous), cardboard, carpet, plastic film wrap and new construction gypsum scrap for reuse on or off site, recycling and /or beneficial use, and these materials shall not be deposited in construction and demolition site garbage containers for disposal at a public or private transfer station, railhead intermodal containers, or in the garbage disposal areas at the City's Recycling and Disposal Stations after that date.

3. As of January 1, 2015, all construction and demolition projects shall separate out readily recyclable unpainted and untreated wood and tear-off asphalt roofing shingles for reuse on or off site, recycling and /or beneficial use, and these materials shall not be deposited in construction and demolition site garbage containers for disposal at a public or private transfer station, railhead intermodal containers, or in the garbage disposal areas at the City's Recycling and Disposal Stations after that date.

B. (( Enforcement )) Educational Outreach .

1. As of January 1, 2012, the Director (( of Seattle Public Utilities )) shall begin a program of educational outreach regarding these new recycling requirements for concrete, bricks and asphalt paving .

2. (( As of January 1, 2013, civil infractions shall apply to any violation of this section pursuant to Section. 21.36.922. )) As of January 1, 2014, the Director shall begin a program of educational outreach regarding these new recycling requirements for metal, cardboard, carpet, plastic film wrap and new construction gypsum scrap.

3. As of January 1, 2015, the Director shall begin a program of educational outreach regarding these new recycling requirements for unpainted and untreated wood and tear-off asphalt roofing shingles.

C. (( Exceptions. The recycling requirement will not apply where concrete, bricks and asphalt paving are painted, have hazardous constituents, are difficult to separate from other materials (such as wood), are present only in very small quantities, or are generated during disaster emergency situations where disaster debris needs to be removed quickly and recycling options are not available. )) Enforcement.

1. As of January 1, 2013, civil infractions shall apply to any violation of subsection A.1 pursuant to Section 21.36.922.

2. As of January 1, 2015, civil infractions shall apply to any violation of subsection A.2 pursuant to Section 21.36.922.

3. As of January 1, 2016, civil infractions shall apply to any violation of subsection A.3 pursuant to Section 21.36.922.

D. Exceptions.

1. The recycling requirements under this section will not apply where construction and demolition wastes are painted, have hazardous or asbestos containing constituents, are difficult to separate from other materials, are present only in very small quantities, or are generated during disaster emergency situations where disaster debris needs to be removed quickly and recycling options are not available.

2. In accordance with the Administrative Code, Chapter 3.02, the Director may adopt a different implementation schedule for any one of the recyclable materials in this section if end markets for these materials are not available or in the event of local receiving or recycling facility closures.

E. Qualified Receiving and Recycling Facilities and Waste Diversion Reports.

1. Qualified Receiving and Recycling Facilities. In accordance with the Administrative Code, Chapter 3.02, the Director shall adopt administrative rules to establish criteria for identifying qualified receiving and recycling facilities that meet C&D recycling requirements. The criteria shall address, at a minimum, compliance with solid waste permitting requirements, quarterly reporting on the quantities and types of incoming and outgoing C&D materials, and performance standards for the allowable quantities of targeted recyclable material in residuals bound for landfill disposal. The Director shall publish an initial list of qualified receiving and recycling facilities by January 1, 2014.

2. Waste Diversion Reports. As of January 1, 2014, construction and demolition projects shall be required to submit waste diversion reports of the quantities, types and delivery destinations of materials generated at construction and demolition projects within 60 days of final inspection approval. In accordance with the Administrative Code, Chapter 3.02, the Director shall adopt administrative rules governing the submission of waste diversion reports, which must include, at minimum, the quantities and destinations of C&D materials delivered to qualified receiving and recycling facilities.

3. As of January 1, 2015, civil fractions shall apply to any violations of this subsection E pursuant to Section 21.36.922.

F. Definitions. For purposes of this section, the term "construction and demolition project " means a location or project site for which a person is required to obtain a permit from the Department of Planning and Development under Section 106 of the Building Code or Section R105 of the Residential Code.

Section 2. Section 21.36.922 of the Seattle Municipal Code is amended to read as follows:

21.36.922 Civil Infractions

A. The violation of or failure to comply with any section of this chapter identified in this section is designated as a civil infraction and shall be processed as contemplated by RCW Chapter 7.80.

B. The violation of or failure to comply with any of the following sections is a Class I civil infraction under RCW 7.80.120:

Section 21.36.415 (Discarding potentially dangerous litter), except that the maximum monetary penalty and default amount is $500, not including statutory assessment

Section 21.36.030 (Unlawful hauling of City's Waste -Exceptions)

Section 21.36.084 (Prohibition on use of expanded polystyrene food service products)

Section 21.36.086 (Compostable or recyclable food service ware required)

Section 21.36.089 ((( Concrete, bricks and asphalt paving -recycling required )) Construction and Demolition Waste Recycling Required )

Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Hans Van Dusen/mm SPU C&D waste ORD November 20, 2012 Version #7