Ordinance No. MC-1656
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3 ORDINANCE NO. MC-1656
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 8.24.100 OF CHAPTER 8.24 OF
TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
RELATING TO THE CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING PROGRAM
WHEREAS, the City San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code outlines the construction and demolition debris recycling program, including covered projects, exemptions, and various requirements; and
WHEREAS, existing state law and regulations already require jurisdictions to adopt in their municipal code and enforce the California Green Building Standards Code (“CALGreen”), which the City currently complies with; and
WHEREAS, in 2016 the California legislature passed SB-1383 requiring the State Board to adopt regulations that address climate pollutants and implement comprehensive strategies to reduce statewide pollutant emissions; and
WHEREAS, adopted SB-1383 regulations require state localities to adopt a waste management plan or other mechanism by which they can enforce CALGreen 65% Construction and Demolition (“C&D”) debris recovery rate requirement by 2025; and WHEREAS, the Mayor and City Council finds that every city and county in California, including the City, could face fines up to $10,000 a day for not meeting the above mandated goal; and
WHEREAS, the City Council now desires to amend Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code to ensure compliance with CALGreen.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1.Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Amendment of Section 8.24.100. Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to read in its entirety as follows:
Ҥ 8.24.100 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM (A)Definitions. For the purposes of this Chapter, the following definitions shall apply:
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3 (1) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity who applies to the city for the applicable permits to undertake any construction, demolition, or renovation projects within the city.
(2) “Certified recycling” or “material recovery facility” shall have the meaning ascribed in section I.
(3) “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the state, or who performs (whether as contractor, subcontractor, or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city. A person or company employed, whether for a fee or otherwise, to haul or remove recyclables and construction and demolition debris generated by the contractor is not a contractor for purposes of this Chapter. (4) “Deposit” means cash, money order, certified or cashier's' check, or credit card charge.
(5) “Deconstruct” and “deconstruction” mean the careful and systematic dismantling of a structure in order to salvage materials for diversion. (6) “Director” means the Director of Public Works or their designee who is hereby designated to issue a compliance order or an administrative citation to enforce this Chapter.
(7) “Permit” means any building or demolition permit.
(8) “Structure” means anything constructed or erected that requires a location in the ground, including a building, but not including a fence or a wall used as a fence, or driveways or walkways for the purposes of this Chapter. (9) “Waste management plan” means the form prescribed by the city for completion by the applicant as portion of the building and/or demolition permit process within the provisions of this Chapter.
(B)Franchise Agreement Required. No person shall collect or dispose of construction and demolition waste in the city unless that person has entered into a franchise agreement with the city pursuant to section 8.24.040, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclables.
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3 (C)City Projects. City contracted projects shall adhere to the C&D Demolition Debris Recycling Program requirements established in this Chapter. (D)Construction and Demolition Waste Diversion Deposit Requirements. (1) Except as otherwise specified in this Chapter, each person who applies for a building or demolition permit pursuant to section 15.04.020 shall remit a diversion deposit in the amount set forth by resolution of the City Council. The diversion deposit shall be remitted at the same time the permit application is filed. (2) Deposit amounts shall be established by square footage for demolition projects and percentage of the project valuation for building projects. (3) The diversion deposit shall be returned, without interest, in accordance with section G.
(4) Except as otherwise specified in this Chapter, any person applying for a building or demolition permit pursuant to section 15.04.020 shall remit an administrative fee, which will be encumbered by the public works department, to cover the costs incurred by the city in administering the C&D diversion program. The fee amount will be determined in accordance with the current resolution of the City Council. (5) Within sixty (60) days following the completion of the demolition or construction project, the contractor (or permit applicant) shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the public works department, which proves compliance with the requirements of section F. The documentation shall consist of a completed waste diversion report with information of actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tickets or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tickets will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of.
(6) If a deposit has been made for a demolition or construction project and a written request for an extension, or refund, with supporting documentation is not submitted within seven-hundred and thirty (730) days; the deposit will be forfeited in full. (7) The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Chapter.
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3 (8) If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the public works department before issuance of a building permit for the construction project. In the alternative, the applicant may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the Director. Any deposit posted pursuant to subsection G of this section shall be forfeited if the applicant does not meet the timely reporting requirements of this section.
(9) The following projects are required to comply with the waste diversion requirements outlined in this Chapter but are exempt from submitting a C&D diversion deposit, paying an administrative fee, or submitting a Waste Management Plan:
(a) Residential single-family homes up to four units.
(b) Construction projects of less than $100,000.00 in value. (c) Roofing projects that do not include tear-off of existing roof. (10) The following projects are exempt from the waste diversion requirements and C&D diversion deposit as described in this Chapter:
(a) Work for which only a plumbing permit, an electrical permit or a mechanical permit is required.
(11) Commercial additions greater than 1,000 sq ft, and alteration projects valued greater than $200,000 are required to verify proper disposal and recycling of Universal Waste (per CALGreen Section 301.3).
(E)Construction and demolition diversion requirements.
(1) All construction and demolition projects are required to divert a minimum of 65% of the tonnage generated as a result of the project from the landfill. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. (2) Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this Chapter. Recovered or salvaged materials may be given or sold on the premises or may be removed to reuse warehouse facilities for storage or sale.
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3 (F)Administrative rules and regulations.
(1) The Director may adopt administrative rules and regulations not inconsistent with provisions of this Chapter and state law as needed for the purpose of carrying out and enforcing the payment, collection and remittance of the fees herein imposed, clarifying any of the administrative requirements of this Chapter, specifying the types of diversion activities and facilities that meet the requirements of this Chapter and establishing frequency and protocol of city regulatory inspections. (G) Waste management plan.
(1) Except as otherwise specified in this Chapter, each person who applies for a building or demolition permit pursuant to section 15.04.020 shall complete a "waste management and recycling plan" document to be issued by the Director. Except as otherwise specified in this Chapter, no building or demolition permit shall be issued unless the "waste management and recycling plan" has been submitted by the applicant and approved by the Director. Any changes to the approved plan must be brought to the attention of the public works department for review and approval prior to commencing work.
(2) The Director is authorized to create guidelines setting forth the information to be included in the "waste management plan," as well as the form thereof. At a minimum, the "waste management plan" shall delineate all of the following:
(a) The C&D waste to be generated by the project;
(b) The square footage of the proposed project;
(c) The estimated weight of the C&D waste to be generated by the project, listed by material types;
(d) The estimated weight of the C&D waste to be generated by the project to be diverted, listed by material types;
(e) The certified recycling or material recovery facility or facilities to which C&D waste will be taken, listed by material types; and
(f) The estimated weight of the C&D waste that will be landfilled. (H)Authority to Issue Refunds of Diversion Deposits.
(1) The Director may authorize the refund of any diversion deposit, which was erroneously paid or collected.
(2) The Director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun.
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3 (3) The Director may authorize the refund of a diversion deposit when at least 65% of the waste generate by the project was diverted from landfill disposal. (4) The Director may authorize a partial refund of a diversion deposit when less than 65% by weight of the waste generated by the project was diverted from landfill disposal if the applicant demonstrates to the satisfaction of the Director that:
(a) A portion of the percentages of the tons of waste generated by the demolition and/or construction project was diverted from landfills and recycled or reused; and
(b) A good faith effort has been made to achieve the required diversion percentages. The partial refund shall not exceed that proportion the diversion waste bears to 65% by weight of the total waste generated. (5) The Director shall not authorize a refund of any diversion deposit, or portion thereof, unless the original building permit applicant files a written request for refund and provides documentation satisfactory to the Director in support of the request.
(6) The Director shall not authorize a refund of any diversion deposit, or portion thereof, if any of the required waste diversion documentation does not list the City of San Bernardino as the city of origin, and/or the required waste diversion documentation is not from the contractor self-hauling the material in accordance with section J., the franchised hauler, or a facility identified in the waste management plan.
(7) The Director shall not authorize a refund of any diversion deposit, or portion thereof, if the applicant does not include a weight ticket document for all landfilled and recycled C&D waste as a result of the project.
(I)Waste Diversion Methods.
(1) For the purpose of this Chapter, the term "diverted,” or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:
(a) Use of new construction methods, as described in regulations promulgated by the Director, that reduce the amount of waste generated. (b) On-site reuse of waste.
(c) Delivery of the waste from the site to a certified recycling facility. (d) Other methods as approved in regulations promulgated by the Director.
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3 (2) All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements set forth in regulations promulgated by the Director.
(J)Recycling facility certification requirements.
(1) For the purpose of this Chapter, "certified recycling or material recovery facility" means a recycling, composting, materials recovery or reuse facility that has been certified by the Director as meeting all of the requirements in subsection II of this section.
(2) The Director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the Director:
(a) That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and (b) The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in regulations promulgated by the Director. (K)Self-Hauling.
(1) For purposes of this section, "job site" means a location at which construction and demolition debris are generated by a contractor.
(2) Subject to subsection III, a contractor may self-haul construction and demolition debris, as defined in section 8.24.010, generated by the contractor at the job site.
When acting as a general contractor the contractor may haul these same materials for any contractor acting as a subcontractor at the same job site. (3) The right of a contractor to self-haul or haul hereunder is subject to the following conditions:
(a) All contractors generating any of the Recyclable Materials or C&D Waste, as defined by section 8.24.010, to be self-hauled or hauled shall have a valid City business registration certificate;
(b) The contractor owns the self-hauling or hauling equipment and the equipment is clearly marked with the identity of the contractor including, as a minimum threshold requirement, the company name, address, and phone number;
(c) The contractor must be performing construction and demolition work on the permitted job site;
(d) The contractor must be named on the building permit; Ordinance No. MC-1656
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3 (e) The contractor provides a copy of the vehicle registration; (f) The contractor provides proof of insurance for the vehicle; (g) The contractor cannot serve solely as a hauler of debris from the job site; (h) The contractor's equipment shall be operated by an employee of the contractor at all times during any self-haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations; (i) The contractor performing the self-haul holds a current building and demolition permit which includes all recyclables or construction and demolition debris for which the contractor will be performing self-hauling, and the contractor complies with the construction and demolition provisions of the city;
(j) The contractor shall hold a construction and demolition self-haul permit and pay the applicable C&D self-haul permit fee as set by the City Council. The C&D self-haul permit and applicable fee are issued per project and are valid only for the duration of the specific project; and
(k) The contractor performing the self-haul must comply with all requirements of this Chapter, including submittal of a waste management plan and a diversion deposit.
(L)Diversion Deposits.
(1) Diversion deposits shall be used only for:
(a) Payment of diversion deposit refunds;
(b) Costs of administration of the program established by this Chapter; (c) Cost of programs whose purpose is to divert from landfill disposal the waste from construction, demolition and alteration projects; and (d) Costs of programs whose purpose is to develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects.
(M)Enforcement.
(1) If an applicant who is subject to the requirements set forth in this Chapter fails to comply with this section prior to commencement of work on a covered project, the project shall be subject to a "stop work" order issued by the city until the waste management plan is submitted as required and has been approved by the Director pursuant to section F.
(2) It is unlawful for any person to collect or transport solid waste (as defined in section
8.24.010) within the city unless such person is a Franchised Hauler, as defined in section 8.24.010, or otherwise authorized in Chapter 8.24. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection Ordinance No. MC-1656
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3 or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in section J of this Chapter.
(3) Each violation of the provisions of this Chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of section 8.24.130.” SECTION 3.Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION 4. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).
The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.
SECTION 5.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of December 2025.
Helen Tran, Mayor
City of San Bernardino
Ordinance No. MC-1656
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3 Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Ordinance No. MC-1656
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3 Ordinance No. MC-1656
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3 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1656, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5 th day of November 2025. Ordinance No. MC-1656 was approved, passed and adopted at a regular meeting held the 3rd day of December 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.
Telicia Lopez, CMC, City Clerk