Item 002 - Overview of C&D Qualified Processor Requirements and Enforcement Update — original pdf

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Construction & Demolition Recycling Ordinance Qualified Processors Background • C&D made up 23% of waste disposed in Texas MSW landfills in 2023 (TCEQ, 2023). • In 2009, the City of Austin adopted the Zero Waste Strategic Plan. • City-wide Zero Waste goal to reduce the amount of waste sent to landfill by 90% by 2040. • Austin Energy Green Building (AEGB) • Developed first rating system in the U.S. for evaluating sustainability of buildings in 1991. • Set diversion requirements for construction projects many years before the C&D Recycling Ordinance. Requirements Affected projects: 1. Beginning October 1, 2016, construction projects that exceed 5,000 square feet of new, added, or remodeled floor area; and 2. Beginning October 1, 2019, commercial and multifamily projects that require a demolition permit [§ 25-11-39(C)]. Project requirements: 1. May not dispose more than 2.5 pounds of materials per square foot of the project OR Shall divert a minimum of 50 percent of materials generated by the project for beneficial use [§ 15-6-150(B)]. 2. Requirements cont. A permittee shall provide the department a report at the same time it requests final inspections [§ 15-6-153(A)]. A report must include: 1. The quantity of materials delivered directly to a disposal facility (landfilled); and 2. The quantity delivered to a processor or end-user and diverted for beneficial use [§ 15-6-153(B)]. Metrics Year of Final Inspection 2025 292 40% 34% Affected Projects Submission Rate Compliance Rate 2024 708 68% 59% Affected Projects Submission Rate Compliance Rate 2023 752 81% 72% Affected Projects Submission Rate Compliance Rate As of May 20th, 2025. Compliance Efforts • Ordinance acknowledgment in permit applications • Notifications • Letters • Automated emails • C&D marketing campaign (June-August) • Billboards • Radio • Bus ads • Print ads • Digital ads Enforcement • Since 2023, we have initiated ~500 C&D compliance cases • Voluntary Compliance • Most effective use of staff resources and for attaining compliance • 60% of cases voluntarily submitted a diversion report • Non-compliance • A permittee that fails to meet requirements commits a Class C misdemeanor [§ 15-6-170] Qualified Processors (QPs) Purpose: • Provide a neutral, 3rd party to certify diversion • Decrease paperwork for general contractors QPs have a validated average diversion rate (ADR) that can be applied to the materials they process. i.e., Materials diverted by QP = tons delivered x ADR A permittee may deliver materials to a qualified processor to meet the required diversion and disposal rates [§ 15-6-155]. QP: Requirements 1. The facility complies with all federal, state, and local regulations, including any permit requirements [§ 15-6-161(A)(1)]. 2. Authorizes an inspection of its facility by the department [§ 15-6-161(A)(5)]. 3. Agrees to make its records available for audit by the department during regular business hours [§ 15-6- 161(A)(6)]. 4. Once registered, submits a report each six months with average diversion rate, the types of materials recovered, and the beneficial uses for the materials [§ 15-6-161(D)]. QP: Requirements cont. Must provide in application: • Previous six-month report • Example customer documentation [§ 15-6- 161(C)] • Diversion rate validation [§ 15-6-162] • Certification of Real Rates (CORR) by the Recycling Certification Institute (RCI); OR • Registered evaluator affidavit QP: Requirements cont. RCI Certification of Real Rates (CORR): • CORR is a third-party certification protocol developed to International Organization of Standardization (ISO)-level standards. • Currently, Texas does not have any RCI registered facilities. ARR-registered evaluator requirements: 1. operational or consulting experience; 2. completes City-approved training; and is approved by director [§ 15-6-162(B)]. 3. Effective for one year. ARR has only had one registered evaluator in 2019. QP: Requirements cont. QP registration is effective for two years [§ 15- 6-160(B)]. To remain registered, the facility owner must submit a renewal application at least 90 days before the expiration of the registration [§ 15- 6-160(C)]. QP: Recon Services • Recon Services has been Austin’s only registered QP from 2016-18 and 2021-22. • In 2022, Recon’s facility average diversion rate was 62% (RCI certified). Year 2016 2017 2018 2021 2022 Recon’s ADR 73.8% 77.9% 85.5% 74.5% 62.1% QP: Challenges General program challenges • Market control: QPs may only accept materials from projects where they are also the hauler • Currently, there are no ARR-registered evaluators • Projects that deliver material to multiple outlets can't use QP diversion rate Questions arrconstructionrecycling@austintexas.gov www.austintexas.gov/cd