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Bill No. 08036100.pdf
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City of Philadelphia
City of Philadelphia - 1 -
City Council
Chief Clerk's Office
402 City Hall
Philadelphia, PA 19107
BILL NO. 080361
Introduced April 3, 2008
Councilmembers Kenney and Reynolds Brown
Referred to the
Committee on the Environment
AN ORDINANCE
Amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," to
require the recycling of construction and demolition debris, all under certain terms and
conditions.
THE COUNCIL OF THE CITY OF PHIILADELPHIA HEREBY ORDAINS:
SECTION 1. Section 10-724 of The Philadelphia Code, entitled "Commercial Sector
Waste Management and Recycling", is hereby amended to read as follows:
§ 10-724. Commercial Sector Waste Management and Recycling.
(1) Definitions. In this Section, the following definitions apply:
[(b)](a)
* * *
(b) Construction and Demolition Debris. Materials resulting from the
construction, remodeling, repair and demolition of utilities, structures, buildings, and
roads, including but not limited to the following: bricks, concrete, and other masonry
materials; soil; rock; wood, including painted, treated, and coated wood and wood
products; wall coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation;
roofing shingles and other roof coverings; reclaimed asphalt pavement; glass; plastics;
electrical wiring, and piping or metals incidental to any of those materials blocks, broken
concrete, plaster, wire and wood lath, timbers and wood building products and other
similar non- putrescible materials. The term does not include materials that are
contaminated by lead, asbestos, or other hazardous materials in such a way as to render
recycling illegal or impossible.
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(c) Contractor. A contractor as defined in Section 9-1004 of this Code
and any person engaged in the demolition or wrecking of a structure for which a permit
is required under Section A-301.1.1 of the Philadelphia Building Construction and
Occupancy Code.
(d) Department. Unless otherwise specified, the Department of
Licenses and Inspections.
[(a)](e)
* * *
[(c)](f)
* * *
[(d)](g)
* * *
(h) Recycler. A recycling facility, transfer station, or other waste
handling facility permitted pursuant to Section 9-604 of this Code which accepts
construction and demolition debris for recycling or for further transfer to a recycling
facility.
[(e)](i)
* * *
(j) Reuse. Both the on-site use of reprocessed construction and
demolition debris if such on-site use is authorized by the Department and the off-site
redistribution of a material which would otherwise be disposed of, for use in the same or
similar form as it was produced.
[(f)](k)
* * *
[(g)](l)
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* * *
[(h)](m)
* * *
(5) Recycling of Construction and Demolition Debris.
Any project subject to this Section shall be required to recycle or reuse
construction or demolition debris produced on site as part of construction or demolition
activities by meeting the following requirements:
(a) The contractor on a project that is issued a permit with an application
date on or after July 1, 2008, but before July 1, 2009, shall cause to be recycled or
reused at least 25 percent of construction and demolition debris, as measured by weight,
produced on site.
(b) The contractor on a project that is issued a permit with an application
date on or after July 1, 2009, shall cause to be recycled or reused at least 50 percent of
construction and demolition debris, as measured by weight, produced on site.
(c) The following projects are subject to this Section:
(.1) Construction of a new residential building with four or more units.
(.2) Construction of a new non-residential building, other than projects
for which the total square footage is 4,000 square feet or less.
(.3) Any rehabilitation of a building that will require a certificate of
occupancy to issue from the department.
(.4) Demolition of a residential building with four or more units that
includes the demolition of at least one outside wall.
(.5) Demolition of a non-residential building, other than projects for
which the total square footage is 4,000 square feet or less.
(.6) A project is exempt from this Section if no building permit is
required for the construction and demolition work.
(d) Certification of compliance and enforcement.
(.1) Within 30 days of completion of a project meeting the requirements
of subsection (5)(c) of this Section, the contractor shall submit documentation as
described herein to report compliance with this Section and regulations promulgated
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thereunder. Documentation shall be in a form prescribed by the department and consist
of notarized affidavits from the contractor and the waste-hauler or recycler for the
project certifying the extent to which the project complies with subsection (5)(a) and
(5)(b).
(.2) The certificate of occupancy for a project subject to this Section
may be withheld until the applicant submits either (i) the required documentation,
including, where applicable, proof that any fine due under subsection (8) of this Section
has been paid in full, or (ii) proof of a written request for a hearing on the applicability
of this Section and/or the amount of fine due, which hearing shall be conducted in the
Board of Licenses and Inspections Review.
(.3) Notwithstanding the foregoing subparagraph (.2), if a contractor
is unavailable or refuses to provide the required documentation, a property owner may
obtain a certificate of occupancy by submitting a waiver application supported by an
affidavit that the contractor is unavailable or refuses to provide the required
documentation.
(.4) A contractor who fails to submit the required documentation as
provided herein shall be subject to the full amount of the fines specified in subsection (6)
as if no amount of construction and demolition debris was recycled or reused, and may
be subject to suspension or revocation of the contractor's business privilege license
pursuant to Section 19-2602 and/or contractor's license pursuant to Section 9-1004 of
this Code. The contractor may file a written request with the Department for a hearing to
determine the applicability of this Section and /or the amount of fine due, which hearing
shall be conducted by the Board of Licenses and Inspections Review.
(.5) The Department shall not issue any new building or demolition
permit to a contractor who has failed to timely submit the required documentation with
respect to any completed project, until the applicant either (i) submits the required
documentation, including, where applicable, proof that any fine due under subsection (8)
of this Section has been paid in full, or (ii) submits proof of a written request for a
hearing on the applicability of this Section and/or the amount of fine due, which hearing
shall be conducted in the Board of Licenses and Inspections Review.
(6) The Commissioner of Licenses and Inspections may promulgate such rules
and regulations as necessary to implement the provisions of this Section.
[(5)](7) Enforcement.
The provisions of this Section may be enforced through the use of notices of violation in
accordance with the procedures provided in Section 10-718. A contractor must comply
with all reasonable requests for information and documentation made by the Department
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pursuant to an audit to monitor compliance with this Section. Documentation required by
this Section must be maintained for at least three years.
[(6)](8) Penalties.
(a) Violations of this Section shall constitute a Class III offense and
[T]the penalty for violation of any provision of this Section or of any regulation
promulgated thereunder shall be provided in accordance with Section [10-719]1-109(3)[,
or] and may also include such equitable remedy as the Court may deem proper. Each day
the violation continues is a separate offense.
(b) Whenever any affiant knowingly and falsely states that a project
has met the requirements of this Section, or whenever any contractor knowingly submits
an affidavit with such a false statement, or whenever any person knowingly fails to
comply with a reasonable request made pursuant to an audit under this Section, such
action will subject the person to a fine of $2,000, and will subject the person to additional
penalties and fines pursuant to this Code or state law including, but not limited to, the
penalties specified in subsection (8)(a) and the revocation or suspension of an affiant's
or contractor's business privilege license pursuant to Section 19-2602 and/or
contractor's license pursuant to Section 9-1004 of this Code. In the case of a contractor,
the Department may, after a hearing resulting in a finding that the contractor has
committed any of the aforesaid violations, deny the contractor's right to obtain building
or demolition permits for a period of up to one year.
SECTION 2. Effective Date. This Ordinance shall take effect immediately.
Explanation:
Italics indicate new matter added
[brackets] indicate original matter deleted
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