Notice: Penalty for Not Meeting Diversion Rates

Effective Jan. 1, 2022 per Ordinance 3183-21 (Amendment) and SMC 16.74.070.

If your project fails to meet the 65% diversion rate requirement, you must pay a penalty. The penalty applies to projects with permits issued this year. It also applies to projects started in prior years and submitted for final inspection in 2022.

• Penalty formula: Square footage x (65% - [actual diversion rate]) = $Total penalty
• Example: 2,045 sq ft x (.65 - .61) = $818

For more information email Alyssa Hagerbrant.

Visit Sunnyvale Municipal Code (SMC) and search on code number to read the full law.

Recycling or reusing materials is also called diverting material from the landfill. A diversion rate measures the percent of a project's materials that are recycled and/or reused out of all materials taken off-site.

Commercial demolition projects must divert 65% of all non-hazardous material from the landfill. Residential projects where 50% or more of an exterior wall is being removed must also divert 65% of all non-hazardous material from the landfill. If a project fails to meet this requirement, the property owner must pay a penalty (SMC 16.74.070(c)). Learn more about what projects qualify and how to get started: Construction and Demolition Waste Tracking Requirements.

Qualifying projects must submit a Waste Management Plan (WMP) before permit approval. Steps to submit a WMP are:

• Register with Green Halo.
• Fill out all required questions on the Green Halo WMP.
• Add the building permit project number to the "permit number" field on Green Halo (for example, "2024-8893").
• Click "start project" to submit your Green Halo WMP.

Contact the Construction and Demolition Coordinator with any questions about these requirements or Green Halo at 408-730-7796.

How to order a container:

• Call our Utilities Division at 408-730-7400.
• If your site does not have an active City water or sewer account, call Specialty Solid Waste & Recycling at 408-565-9900.

The City encourages contractors to separate materials into bins by material type. This practice is called source-separation. For example, a project might place only concrete in one bin or only wood in another. Source-separated materials increase diversion from landfills and help contractors achieve the 65% diversion requirement.

Source-separation is highly encouraged, but not required for demolition projects. Contractors can add multiple material types like dry wall, wood, and metal in "mixed construction and demolition" or "mixed C&D" bins.

Contractors may use Specialty Solid Waste & Recycling, the City's franchised hauler, haul their own materials (self-haul), or use other businesses (third-party haulers) to remove C&D materials from the site. Contractors who self-haul and/or use third-party haulers must meet the below conditions.

Franchise Hauling

Specialty Solid Waste & Recycling provides bins for mixed C&D and source-separated materials. Call Specialty Solid Waste & Recycling at 408-555-9900 to order a bin.

Self-Hauling

Projects that self-haul must meet the below standards per SMC 8.16.140 (C)(1-4) and SMC 8.16.240 (a-b).

• Collection, removal and disposal can only be done by the licensed contractor having the contract for the construction or demolition work.
• All vehicles used to collect, remove and dispose of materials shall be owned by or under the exclusive control of the licensed contractor. Recyclable material must be separated by material type on site and may not be transported as mixed C&D and may not be used as "alternative daily cover" (ADC) at a landfill.
• Proof of qualifying for exclusions must be submitted to the Solid Waste Division upon request.

Third-Party Hauling

The following businesses may also haul recyclable material. All material must be recycled. No material may be landfilled or used as ADC. These businesses are not permitted to be paid for service (bin rental, pick-up, transporting or processing fees) (SMC 8.16.140(c)(2)).

• Independent recycler
• Junk dealer
• Enterprise purchasing the materials
• Enterprise accepting donated materials

For more information about collection material and disposal requirements, contact the Environmental Services Solid Waste Division at 408-730-7749.

Before demolition and disposal, consider dismantling the building (deconstruction). Deconstruction saves reusable and resalable building materials from the landfill, and reduces landfill disposal fees. Fixtures, doors, lumber, bricks, and mechanical units are common materials that can be deconstructed and sold for reuse, or reused in the City with preapproval.