Commercial Construction and Demolition Materials Ordinance (Proposed)

Reducing Construction and Demolition Waste

Construction and demolition (C&D) waste makes up approximately 33% of all landfilled waste in Nashville, significantly reducing the landfill capacity in the region. Preventing bulky, energy-intensive, and highly recyclable C&D material from being landfilled is crucial for the continued resilience, economic growth, and prosperity of this region.

Diverting C&D waste from landfill also aligns with the Tennessee Department of Environment and Conservation’s 2015-2025 Solid Waste Management Plan and the Metropolitan Nashville and Davidson County Municipal Solid Waste Region Plan for the health and benefit of all who live, work, and play in our city. Both long-range management plans address landfill capacity issues across the state and in the region with the goal to reduce waste to landfill. By finding alternatives to landfilling, we can reduce pollution, conserve energy, and protect our natural resources to further contribute to the resilience of the Middle Tennessee region.

The Waste Services Division of the Metro Water Services Department, in collaboration with the Mayor's Office, is proposing the implementation of an ordinance to amend the solid waste code and would address these goals and issues by:

• Creating a comprehensive plan to minimize economic disruptions and uncertainty due to lack of disposal options
• Growing capacity to manage materials locally to encourage business development
• Encouraging growth of the region’s options for C&D recycling and recovery to build resilience for materials management
• Stabilizing costs for management of C&D waste materials by encouraging local and regional long-term solutions
• Reducing reliance on landfill disposal for C&D waste materials

Overview of BL2023-1993

Based upon robust peer research, review of best practices, evaluation of local costs and benefits, and consideration of state goals for materials management, Metro has outlined the proposed ordinance BL2023-1993 phasing in requirements to reduce C&D waste that goes to landfill. Key components of the proposed ordinance are outlined below, which has been informed by local and national industry experts as well as local agency and state agency peers. This includes:

• types and scale of projects included
• materials targeted for phased in recovery requirements
• requirements for C&D recycling processing facilities
• timeline for implementation

Affected Projects

The proposed ordinance is written to apply only to large commercial construction and demolition projects based on project valuation. Project valuation is determined by Metro Codes in the permitting process. Specifically, the ordinance would apply to the following project types:

• Commercial construction projects valued at $500,000 or greater
• Multifamily construction projects (5 units or greater) valued at $500,000 or greater
• Commercial demolition projects valued at $50,000 or greater

The proposed ordinance would NOT apply to any residential single-family, duplex, triplex and townhome construction and demolition projects (4 units or smaller).

Materials Targeted for Recovery

Materials required to be diverted from landfill would be phased in over time based on market availability for the recovered material. This approach allows for the necessary infrastructure and markets to be established to recover each material type.

For construction (including new construction, rehabilitation, and addition) projects, the materials are grouped into the suggested phases as follows based on current markets:

1. Corrugated cardboard (per §10.20.095), metal (ferrous and non-ferrous), clean concrete and concrete masonry units (CMUs), and land clearing debris starting no sooner than July 1, 2024
2. Unpainted and untreated wood, asphalt shingles, and masonry starting no sooner July 1, 2025
3. New construction gypsum scrap and carpet starting no sooner that July 1, 2026

For demolition (including structural demolition) projects, the materials are grouped into the suggested phases as follows based on current markets:

1. Metal (ferrous and non-ferrous) and clean concrete and CMUs starting no sooner than July 1, 2024
2. Carpet, asphalt shingles, and masonry starting no sooner than July 1, 2025

To meet these requirements, applicable projects may use the following options for C&D material diversion:

1. Clean fill sites, provided the use of fill material meets all state and local regulations.
2. Receiving and recycling facilities. This includes facilities that sort mixed materials for recycling (see figure 1) and facilities that accept already separated materials such as scrap metal for recycling (see figure 2).
3. Beneficial reuse of material other than fill on a construction or demolition project site.
4. Donation of materials for reuse.
5. Beneficial reuse of material as soil amendment, provided the reuse of material meets all state and local regulations.

C&D materials would need to be collected separately from putrescible solid waste, such as lunch waste, which is not accepted at C&D recycling facilities or Class III/IV landfills.

C&D Recycling Processing Facilities

Starting no sooner than July 1, 2025, permit applicants for commercial C&D projects included in this proposed ordinance would be required to use C&D recycling processing facilities that meet specified standards for diversion. Recycling processing facilities would be required to:

• weigh inbound and outbound material,
• provide recycling documentation to customers that includes date, quantity, weight, and the types of materials (mixed or separated) received from the project,
• submit an annual report with Metro that includes average diversion rate, types of materials recovered, and beneficial uses for materials,
• divert at least 40% of mixed C&D debris with 5% or less from alternative daily cover (ADC) application,
• divert at least 85% of source separated C&D debris without ADC application,
• and meet all federal, state, and local regulations and permit requirements.

As part of this reporting requirement, facility average diversion rate would be required to be verified by a person, firm, or organization who is not an employee or other agent of the facility, and who possesses operational or consulting experience in waste management or a related field.

The average diversion rate requirement would also be increased in two-year intervals as follows:

• July 1, 2027 – required to meet 50% diversion without ADC for mixed C&D facilities and 90% without ADC for source separated facilities
• July 1, 2029 – required to meet 60% diversion without ADC for mixed C&D facilities

A list of facilities that meet these requirements will be posted online and provided to permit applicants.

Proposed Timeline

July 1, 2024: The first phase of materials is required for diversion on affected commercial C&D projects. Enforcement begins for permits applied for on or after this date. For construction projects, these materials are corrugated cardboard, metals, clean concrete and CMUs, and land clearing debris. For demolition projects, these materials are metals and clean concrete and CMUs.

July 1, 2025: The second phase of materials are added to what is required for affected commercial C&D projects. Enforcement begins for permits applied for on or after this date. For construction projects, these materials are unpainted and untreated wood, asphalt shingles, and masonry. For demolition projects, these materials are carpet, asphalt shingles, and brick/masonry.

July 1, 2025: C&D recycling facilities are required to have a verified recovery rate by Metro or to be certified by a verified third-party.

July 1, 2026: The third phase of materials are added to what is required for diversion. Enforcement begins for permits applied for on or after this date. For construction projects, these materials are new construction gypsum scrap and carpet.

If end markets for these materials are not available or in the event of local facility closures, this ordinance is written so that Metro can revise as necessary the schedule of materials required for diversion.

Metro Leading by Example

In addition to meeting these provisions, Metropolitan government-funded projects would incentivize higher levels of C&D waste reduction through the procurement process. This would include additional points in the procurement process for rehabilitation of existing buildings, in-whole or in-part, where possible, use of deconstruction methods in demolition activity where markets are available for the generated building materials, and salvaging material such as furniture, fixtures, millwork, casework, cabinetry, and any other finish goods that can be reclaimed for reuse prior to demolition or renovation.

Approximately 33% of Metro Nashville’s waste is construction and demolition (C&D) debris. C&D debris impacts landfill capacity at both C&D and Municipal Solid Waste (MSW) landfills in and around Middle Tennessee. A 2017 waste characterization study shows that C&D material made up 12.2% of MSW in Nashville, and in 2022, it was estimated that the use of MSW landfills for C&D is to be draining over 1.2 years of capacity from these landfills. This includes metals, cardboard, concrete, and unpainted and untreated wood that have strong economies and potential for beneficial reuse.

As both C&D and Municipal Solid Waste (MSW) landfills reach capacity in and around Middle Tennessee, this increases costs to our community. Waste must be sent to landfills that are farther away, increasing costs, increasing transportation times, and increasing maintenance needed on local and state roadways. Across the state, it is also increasingly difficult to identify locations to permit new landfills. This makes landfilling a limited solution that will not maintain the long-term economic growth of Middle Tennessee.

The Middle Tennessee region has also seen landfill disposal rates double in just a matter of months as the market attempts to stabilize to the limited landfill capacity.

BL2023-1993 aims to grow the economy and markets for managing C&D materials that can be recycled or reused by requiring this material not be landfilled, saving space for materials that otherwise cannot be diverted.