ORD-2001-031 Regulated Recyclable Materials Ordinance (2)

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Key Issues 1. Demolition Waste Demolition waste represents a significant source of wood'and metal,both recyclable materials. However, separation is a great deal more difficult. The ordinance as proposed, makes no distinction of demolition waste,per se; wood and metal must still be recycled if free of contaminants. But the waste would not be considered free of contaminants if it"is attached to other material in a way that it is not reasonably possible to separate."The result will be that studs or joists with tile,plaster, drywall, sheathing, or siding(possibly painted with lead-based paint)would not be possible to separate. A limited amount of "judgement call"at the landfill is unavoidable. We are confident that most situations will be obvious and there will not be continuing controversy once sound field parameters are established. The C&D Recycling Task Force recommendation#10 was"Promote deconstruction." The ordinance contains a provision that demolition projects for structures that have not been condemned may be delayed up to 60 days for the Department to perform assessments of"whether and to what extent the materials in the structure... consist of regulated recyclable material"that should be separated and recycled. 2. Commingled Recycling Facilities Builders may chose to use commingled recycling facilities,bypassing the source separation requirement,but these facilities must be certified annually by Orange County and held to at least the same recycling standard as we achieve. To do otherwise would allow avoidance of the recycling requirement and inadvertently encourage shifting of waste out of the County. Facilities will have to either: 1)recycle at least all the materials regulated in Orange County, or 2)meet a documented 30%recycling rate of all waste they accept, other than inert debris(brick,block,concrete, asphalt,earth), to be certified. As our program matures and achieves higher diversion rates, the standard can be raised. This ordinance feature will be adaptable to other types of Material Recovery Facilities in the event the list of Regulated Recyclable Materials grows into other waste streams. 3. Licensing of Haulers Haulers of C&D waste will have one omnibus license and register each of the vehicles under it. Violations of the ordinance incurred in any registered vehicle subjects the company's license to the suspension and revocation provisions. 4. C&D type waste in the MS stream Scrap metal,pallets, and corrugated cardboard from the commercial waste stream will be subject to the recycling requirement. While this approach will require a significant commercial recycling education effort, it is the only way to avoid the untenable situation 4