Mandates without the pain: cities in California are trying contractor-friendly methods to promote C&D recycling - C&D Series - Brief Article

Recycling Today, May, 2002 by Lisa Keating

With jurisdictions in the U.S. and Canada adopting minimum waste diversion requirements, public agencies are constantly looking for programs to increase recycling rates. Cities in California have been working toward the current 50 percent diversion goal since the state adopted California Assembly Bill 939 (AB 939) in 1989, and lately many have been turning to construction and demolition (C&D) debris.

Most cities have not taken advantage of this opportunity to improve recycling. For example, a 2001 list from the County of Los Angeles indicated that only 25 of the county's 88 cities had any form of a city-sponsored C&D program in place. After working with cities to develop C&D debris diversion programs and reviewing several ordinances already in place, the consulting firm of Hilton, Farnkopf & Hobson, LLC, Newport Beach, Calif., has summarized options for cities to consider when putting together their own plans.

C&D diversion programs can range from providing a how-to-brochure and list of processing facilities, to strong enforcement of a minimum diversion level by ordinance. In some cases, C&D generators, typically contractors, can actually save money and may appreciate the public agency's help. C&D debris is frequently hauled by self-haulers, who are often exempt under traditional solid waste ordinances and do not typically have contractual arrangements with public agencies. Focusing on a C&D diversion program will help public agencies to educate, and to increase diversion by, the generators and haulers who may otherwise be overlooked.

STARTING OUT

Once a community has decided to increase its jurisdiction's waste diversion through a C&D debris program, there are several questions to answer:

1. What projects will the ordinance cover?

2. What will the contractors need to do?

3. What will happen if they do not comply?

Why doesn't one jurisdiction simply adopt an ordinance directly from another jurisdiction? Why are there so many options to consider? Each jurisdiction has its own unique needs and infrastructure. No two programs or ordinances are identical. In order to develop the right ordinance for a jurisdiction, ordinance authors will need to determine which of many available options will work in the jurisdiction and which may not.

The answers to the following questions will help determine which of the following program elements fit a particular jurisdiction:

* How much does the jurisdiction hope to increase its diversion through C&D recycling?

* How aggressive does the jurisdiction wish to be in dealing with contractors?

* What are the processing facilities and disposal options available in the area and how do the costs compare?

Ordinance authors should be aware that the processing facilities, contractors and haulers in the area can provide a wealth of information and are worth consulting before adopting an ordinance that will affect them.

DEFINING THE FOCUS

A jurisdiction may choose to apply C&D diversion requirements to all construction, demolition and remodeling projects in its jurisdiction. With unlimited staff time and restrictions that work with all sizes of projects, this could work.

However, a jurisdiction may be able to divert the majority of the recoverable C&D debris by focusing staff efforts on a smaller number of projects. The jurisdiction should determine which types of C&D debris generators account for most of the weight generated and which have reasonable means of diverting the debris generated.

If contractors with little C&D debris to dispose of must be monitored for enforcement of requirements that are too onerous to meet, or the enforcement agency's staff is too overwhelmed to assure that requirements are being met, then the jurisdiction may be left with irate constituents and an ineffective ordinance.

When determining whom the requirements would apply to, the jurisdiction needs to determine:

* Where is the bulk of the C&D debris being generated and disposed?

* How much staff time is available to work with contractors?

* What resources are available to the contractors?

As a result of their research, jurisdictions have applied C&D ordinances to one or more of the following categories:

* City-sponsored projects

* Building/demolition applicants

* Contractors seeking to demolish structures (as demolition projects tend to generate the most debris)

* Commercial developments (as this would capture most large projects, while leaving out small home renovations)

* Residential projects over a certain number of units (the City of Sacramento includes five or more).

Contractors providing services on city-sponsored projects may be the easiest for jurisdiction staff to monitor. Without even implementing an ordinance or developing a broader program, cities can include diversion requirements in their construction contracts.

And, as the jurisdiction is the paying customer, requirements should be easier to enforce. For example, the City of Oakland, Calif., requires contractors to submit a Job Site Recycling and Waste Reduction Plan along with bids to the city.