Demolition Waste and Recyclable Materials - Bylaw 9516 (2016) — full text

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8331252 CITY OF RICHMOND DEMOLITION WASTE AND RECYCLABLE MATERIALS BYLAW NO. 9516 EFFECTIVE DATE - MARCH 14, 2016 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws listed below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW DATE OF ADOPTION EFFECTIVE DATE (If different from Date of Adoption) Bylaw No. 10664 February 9, 2026 n/a 8331252 DEMOLITION WASTE AND RECYCLABLE MATERIALS BYLAW NO. 9516 TABLE OF CONTENTS PART ONE - APPLICATION AND AGREEMENT ....................................................2 PART TWO - MANDATORY RECYCLING ...............................................................2 PART THREE - COMPLIANCE REPORTING AND RECORD KEEPING ...........3 PART FOUR - FEES ........................................................................................................4 PART FIVE - OFFENCES, PENALTIES AND ENFORCEMENT ............................4 PART SIX - INTERPRETATION...................................................................................5 PART SEVEN - SEVERABILITY AND CITATION .................................................12 PART EIGHT - FEES BYLAW ....................................................................................12 8331252 Bylaw 9516 DEMOLITION WASTE AND RECYCLABLE MATERIALS BYLAW NO. 9516 WHEREAS Part 2, Division 1, Section 8 of the Community Charter confers upon the City authority to, by bylaw, regulate, prohibit, and impose requirements in relation to the protection and enhancement of the well-being of its community in relation to refuse, garbage or other material that is noxious, offensive or unwholesome, and in relation to the use of waste disposal and recycling services; AND WHEREAS Part 7, Division 2, Section 194 of the Community Charter confers upon the City authority to, by bylaw, impose a fee in respect of the exercise of authority to regulate, prohibit or impose requirements; AND WHEREAS the Greater Vancouver Sewerage and Drainage District, Greater Vancouver Regional District, and their respective member municipalities, including the City, have set a target in the Integrated Solid Waste and Resource Management Plan of 70% diversion of municipal solid waste from disposal by 2015; AND WHEREAS the Richmond Circular City Strategy sets a target to achieve 100% circularity by 2050, with objectives of maximizing material reuse, minimizing construction and demolition waste, and reducing embodied carbon through circular practices that preserve building material value; AND WHEREAS Richmond's Community Energy and Emissions Plan establishes a target to achieve net-zero greenhouse gas emissions by 2050, including emissions from building operations, transportation, and the anaerobic decomposition of waste, and recognizes the need to reduce emissions associated with building materials and demolition waste as part of the City's transition to a low-carbon, energy-efficient built environment; AND WHEREAS it is deemed desirable to regulate, prohibit, and impose requirements with respect to the use of waste disposal and recycling services to ensure that waste and recyclable materials resulting from demolition work are managed in a manner that enhances and protects the well-being of the community and the target diversion rate is achieved, NOW THEREFORE, the Council of the City of Richmond enacts as follows: City of Richmond Page 2 Bylaw No. 9516 8331252 PART ONE: APPLICATION AND AGREEMENT 1.1 No person shall commence or continue, or cause or allow the commencement or continuation of, any work except in accordance with the provisions of this Bylaw. 1.2 The building inspector may, in cases where this Bylaw would otherwise apply, approve work, in writing, and deem it exempt from application of this Bylaw in circumstances where such work is required to be carried out in the interests of public health and safety or to be carried out immediately in the case of emergency. 1.3 Nothing in this Bylaw precludes or relieves a person from complying with any provision of the Building Bylaw, other bylaws of the City, or any federal, provincial, or local government laws or regulations applicable to work. 1.4 Neither the review nor acceptance of a recycling and waste diversion plan, or compliance report constitutes a representation, warranty, assurance or statement by the City that the owner has complied with the Building Bylaw, this Bylaw, or any other applicable enactment, law, or regulation respecting safety. PART TWO: MANDATORY RECYCLING 2.1 The work must achieve the following minimum waste diversion rates, measured by the total weight of materials diverted from disposal: (a) One-family dwellings and two-family dwellings: i) 70% until January 4, 2027; ii) 80% from January 5, 2027 to June 30, 2029; and iii) 90% from July 1, 2029 onward. (b) Multi-family residential and non-residential buildings: i) 70% from January 5, 2027 to June 30, 2029; and ii) 80% from July 1, 2029 onward. 2.2 At the time of submitting an application for a building permit for work, a properly completed recycling and waste diversion plan regarding the management of recyclable material and waste must be signed by the owner or agent and submitted to the building inspector. 2.3 No person shall commence or continue, or cause or allow the commencement or continuation of, any work unless the building inspector has approved a recycling and waste diversion plan for that work. 2.4 Where practicable, recyclable materials must be recovered through circular practices that preserve material value and enable the reuse or salvage of building components. City of Richmond Page 3 Bylaw No. 9516 8331252 2.5 If recyclable material is removed from a site, the recyclable material must be removed: (a) to a recycling facility; or (b) in accordance with an approved recycling and waste diversion plan, including reuse by the owner or agent, removal to a recycling facility or as otherwise set out therein; or (c) through other methods specified in the approved recycling and waste diversion plan, provided the recyclable material is not sent to a disposal facility, but is instead managed through selling, donation, repurposing for another project, or any other material recovery approach approved by the General Manager. 2.6 If waste, other than recyclable material, is removed from a site, the waste must be removed to a disposal facility. PART THREE: COMPLIANCE AND RECORD KEEPING 3.1 To ensure compliance with this Bylaw, the owner or agent must keep records of the surveying, removal, handling, and management of recyclable material and waste, the recycling of recyclable material, and the disposal of waste, including: (a) payment receipts, donation receipts, selling receipts, weigh bills, inspection reports, clearance letters, sampling reports, waste transport manifests, and recycling verification letters from mixed load recycling facilities detailing the percentage of waste recycled, reused or disposed; (b) photographs, if applicable, recording the removal of recyclable material from the site as specified in an approved recycling and waste diversion plan; (c) any other records that the building inspector specifies, at the time of application for a building permit for work, must be kept; and (d) for recyclable materials integrated into another project, a letter of material acceptance from the recipient project owner, general contractor, or site developer confirming the material's intended reuse, or other supporting documentation such as a contract, project permits, or delivery receipts verifying material transfer and integration. 3.2 Within ninety (90) days after project completion, the owner or agent must submit the following to the building inspector: (a) a properly completed compliance report; and (b) originals of the records required to be kept under section 3.1 above. City of Richmond Page 4 Bylaw No. 9516 8331252 PART FOUR: FEES 4.1 Every person who performs, or causes or allows the performance of work, must pay the non-refundable application fee and the waste disposal and recycling services fee at the time of submitting the recycling and waste diversion plan. 4.2 The holder of the building permit for the work is eligible for a fee refund, as calculated in accordance with the recycling and waste diversion plan, if the following have also been completed to the satisfaction of the building inspector: (a) a recycling and waste diversion plan; (b) within ninety (90) days after project completion, (i) a compliance report; (ii) submission of the originals of the records required to be kept under section 3.1 above; and (iii) an application to the building inspector for the fee refund; and (c) within seven (7) days of being requested to do so, submission to the building inspector of any of the records required to be kept under this Bylaw, in addition to those submitted under 4.2(b)(ii) above, to evaluate eligibility for the fee refund. 4.3 Where a waste disposal and recycling services fee is paid under Section 4.1 and is not refunded pursuant to Section 4.2 by the two-year date, the City will charge the person who paid the waste disposal and recycling services fee an annual Administrative Fee for each full year in which there is no fee refund following the two-year date. The City may, but is not required to, pay any Administrative Fee owing from the waste disposal and recycling services fee held by the City, and any fee return will be reduced by any amount so used. PART FIVE: OFFENCES, PENALTIES AND ENFORCEMENT 5.1 (a) A violation of any of the provisions identified in this bylaw shall result in liability for penalties and late payment amounts established in Schedule A of the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended and replaced from time to time; and (b) A violation of any of the provisions identified in this bylaw shall be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended and replaced form time to time, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60, as amended and replaced form time to time. 5.2 Any person who gives false information required under this Bylaw is deemed to have committed an infraction of, or an offence against, this Bylaw, and is liable on summary conviction to a penalty of not more than $50,000 in addition to the costs of the City of Richmond Page 5 Bylaw No. 9516 8331252 prosecution, and each day that such violation is caused or allowed to continue constitutes a separate offence. 5.3 Any person who contravenes or violates any provision of this Bylaw, or any building permit for work issued in connection with this Bylaw, or who suffers or allows any act or thing to be done in contravention or violation of this Bylaw, or any building permit for work issued in connection with this Bylaw, or who fails or neglects to do anything required to be done under this Bylaw, or any building permit for work issued in connection with this Bylaw, commits an offence and upon conviction shall be liable to a fine of not more than Fifty Thousand Dollars ($50,000.00), in addition to the costs of the prosecution, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence. PART SIX: INTERPRETATION 6.1 In this bylaw, unless the context requires otherwise: AGENT means a person authorized in writing to act on behalf of the owner in connection with a building permit, including a hired tradesman or contractor. ADMINISTRATION FEE means an annual fee in the amount of $1,000.00 CAD. APPLICATION FEE means the fee set-out in the City's Consolidated Fees Bylaw No. 8636, as amended or replaced from time to time. BUILDING BYLAW means the City's Building Regulation Bylaw No. 7230, as amended or replaced from time to time. BUILDING INSPECTOR means the Director, Building Approvals Department or those positions or persons designated by Council to act under the Building Bylaw in the place of the manager. BUILDING PERMIT has the same meaning defined in the Building Bylaw. CIRCULAR ECONOMY means an approach to resource management that maximizes the value of materials by design, through responsible consumption, minimizing waste, and reimagining how resources flow in a sustainable, equitable, and low-carbon economy. City of Richmond Page 6 Bylaw No. 9516 8331252 CIRCULAR PRACTICES means processes that add, retain or recover the value of materials by extending their utility beyond the end of a building's life, including but not limited to deconstruction, relocation, reuse, salvage, recycling or any other approved method by the General Manager that supports material recovery objectives. CITY means the City of Richmond. COMMUNITY CHARTER means Community Charter, SBC 2003, c. 26, as amended or replaced from time to time. COMMUNITY ENERGY means the City's strategy for reducing AND EMISSIONS PLAN greenhouse gas emissions, improving energy efficiency, and transitioning to a low- carbon built environment, approved by Council on March 13, 2025. COMPLIANCE REPORT means a report substantially in the form in the recycling and waste diversion plan, as modified from time to time by the building inspector. COUNCIL means the Council of the City. CORPORATE OFFICER means the person appointed by Council pursuant to section 148 of the Community Charter as the Corporate Officer of the City, or his or her designate. DECONSTRUCTION means the systematic disassembly of a building, typically in the reverse order of its construction, in a manner that prioritizes the recovery of materials for reuse or recycling and preserves material value by minimizing damage during removal. DISPOSAL means: (a) the abandonment, discard, or destruction of any materials, substances, or objects; and (b) the application, release, or incorporation of materials, substances or objects in or to land. City of Richmond Page 7 Bylaw No. 9516 8331252 DISPOSAL FACILITY means a facility that: (a) has a valid and subsisting permit, licence, or operational certificate issued under GVS&DD's Municipal Solid Waste and Recyclable Material Regulatory Bylaw for the operation of a disposal facility regulated under that bylaw; (b) is approved as a disposal facility under the Integrated Solid Waste and Resource Management Plan; or (c) destroys or landfills waste in the course of conducting an industry, trade, or business. FACILITY means any land, building, site, or structure. FEE REFUND means the refund of a waste disposal and recycling services fee paid in respect of a recycling and waste diversion plan as calculated in accordance with recycling and waste diversion plan. GENERAL MANAGER means a senior administrative officer responsible for the overall management and administration of the City's operations. GVS&DD means the Greater Vancouver Sewerage and Drainage District. HAZARDOUS MATERIALS means any material, product, or substance regulated as a controlled product or hazardous waste under the B.C. Workers Compensation Act and B.C. Environmental Management Act, respectively, that is present on a site or is produced, originates, or results from work. INTEGRATED SOLID means GVS&DD's approved Integrated Solid WASTE AND RESOURCE Waste and Resource Management Plan. MANAGEMENT PLAN MULTI-FAMILY RESIDENTIAL means a building containing three (3) or more dwelling units, including but not limited to apartments, townhouses, and small-scale multi-unit housing. City of Richmond Page 8 Bylaw No. 9516 8331252 MUNICIPAL SOLID WASTE means the GVS&DD's Municipal Solid AND RECYCLABLE Waste and Recyclable Material Regulatory MATERIAL REGULATORY BYLAW Bylaw No. 181, 1996, as amended or replaced from time to time. NON-RESIDENTIAL BUILDING means a building or portion of a building used for purposes other than residential occupancy, including but not limited to commercial, industrial, and institutional buildings. ONE-FAMILY DWELLING has the same meaning defined in the Building Bylaw. OWNER means the registered owner of an estate in fee simple, the registered owner of a leasehold estate and also includes: (a) the tenant for life under a registered life estate; (b) the registered holder of the last registered agreement for sale; (c) an Indian who is an owner under the letters patent of a municipality, incorporated under Section 9 of the Local Government Act; (d) a lessee or licensee with authority to build on land; (e) an occupier, tenant or holder of an interest in respect of the surface of water; (f) the Province or Canada, or a crown corporation or agency of either of them, if the government, corporation or agency applies for a building permit, a gas permit, or a plumbing permit under this bylaw, in respect of parcel in which it holds an interest; and (g) an agent. PROJECT COMPLETION means the date of completion and final approval of work as determined in accordance with the Building Bylaw. City of Richmond Page 9 Bylaw No. 9516 8331252 RECYCLABLE MATERIAL means a material, substance, or object that is produced, originates or results from work and satisfies at least one of the following: (a) is an organic material capable of being composted; (b) is managed as a marketable commodity with an established market by the owner or operator of a recycling facility; (c) is processed for recycling through collection, transport, sorting, cleaning, or reprocessing to obtain recovered resources for use in manufacturing a new product or as an intermediate stage in an existing production process; (d) is repurposed by adapting a product or its components for a different function than originally intended, without major modifications to its physical or chemical structure; (e) is remanufactured through an industrial process that restores a product or component to a like-new condition in terms of quality and performance; (f) is being reused by the owner, or the agent on or off the site for construction; or (g) is a material, product or substance prescribed in the recycling and waste diversion plan as a recyclable material; but excluding hazardous materials. RECYCLING FACILITY means a facility or licensed business, other than a disposal facility or an incinerator facility, and that: (a) has a valid and subsisting permit, licence, or operational certificate issued under the GVS&DD's Municipal Solid Waste and Recyclable Material Regulatory Bylaw; (b) is required to provide information on quantities of received and transferred City of Richmond Page 10 Bylaw No. 9516 8331252 material to the GVS&DD through the GVS&DD's Municipal Solid Waste and Recyclable Material Regulatory Bylaw; (c) is approved as (i) a organics processing facility; or (ii) a publicly-owned transfer station or landfill, under the Integrated Solid Waste and Resource Management Plan for purposes other than disposal; (d) is a drop off depot which is owned or operated by a charitable organization registered under the Income Tax Act (Canada) or a non-profit organization to which section 149 of the Income Tax Act applies; (e) is a facility where the owner or operator purchases or otherwise pays valuable consideration for all recyclable material received, cleaned, sorted, baled or packaged at the facility; (f) accepts only asphalt and concrete for the purposes of reprocessing, resale and reuse; or (g) builds products using recycled or reused buildings materials or resells salvaged building materials under a valid business license. RELOCATION means the partial or total moving of a building or structure to another site without disassembly beyond what is necessary for transport and reinstallation to allow its continued use. REUSE means the further or repeated use of building materials for their original purpose or an adapted function without reprocessing, including storage intended for such use. RICHMOND CIRCULAR means the City's approved strategy for CITY STRATEGY advancing the circular economy in Richmond, approved by Council. SALVAGE means the selective removal of individual materials or building components in a manner that protects them from damage, City of Richmond Page 11 Bylaw No. 9516 8331252 preserves their value, and keeps them intact for reuse or recycling. SITE means any land, building, structure, or improvements where work is or is intended to be performed. TWO-FAMILY DWELLING has the same meaning defined in the Building Bylaw. TWO-YEAR DATE means that date that is two (2) years following the date of issuance of the building permit for the work. VALUE means the gains or benefits derived from satisfying needs or expectations in relation to the use and conservation of materials, which may be financial or non-financial, including but not limited to revenue, savings, productivity, public health, social, environmental benefit, and the reduction of embodied carbon impacts. WASTE means any discarded or abandoned material, substance, or object that is produced, originates, or results from work, and any other prescribed material, substance or object, but excluding hazardous materials. WASTE DISPOSAL AND means the fee set-out in the City's RECYCLING SERVICES FEE Consolidated Fees Bylaw No. 8636, as amended from time to time. RECYCLING AND WASTE means the form of plan approved by the DIVERSION PLAN General Manager. WORK means the demolition, deconstruction, or systematic disassembly of a one-family dwelling, a two-family dwelling, a multifamily residential building, or a non- residential building, and any accessory structures on the same site, regulated by the Building Bylaw. 6.2 References in this Bylaw to enactments, bylaws of the City, or the bylaws or plans of GVS&DD, include those enactments, bylaws, and plans as they may be amended or replaced from time to time. 6.3 Unless otherwise defined herein, all words or expressions used in this Bylaw have the same meaning as the same or like words or expressions used in the Building Bylaw. City of Richmond Page 12 Bylaw No. 9516 8331252 PART SEVEN: SEVERABILITY AND CITATION 7.1 If any section, subsection, paragraph, clause or phrase of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. 7.2 This Bylaw is cited as "Demolitions Waste and Recyclable Materials Bylaw No. 9516", and is effective April 1, 2016. PART EIGHT: FEES BYLAW 8.1 The Consolidated Fees Bylaw No. 8636, as may be amended from time to time, applies to this bylaw. FIRST READING SECOND READING THIRD READING ADOPTED MAYOR CORPORATE OFFICER CITY OF RICHMOND APPROVED for content by originating dept. APPROVED for legality by Solicitor Bylaw 9516 Page 13 8331252 Schedule "A" [Deleted] Bylaw 9516 Page 14 8331252 Schedule "B" [Deleted] Bylaw 9516 Page 15 8331252 Schedule "C" [Deleted]