The Construction and Demolition Diversion Deposit program is codified in San Jose Municipal Code section 9.10, part 15. This program is applicable to:

• All residential alterations of $2,000 or more
• All non-residential alterations of $5,000 or more
• All residential and non-residential demolitions

A deposit is charged based on the square footage of the building. 

Checklist for compliance

The general contractor or permit applicant is responsible for ensuring the recycling requirements are met for all waste generated on site, including waste generated by the subcontractors. Share this information with all subcontractors. In order to be eligible for a deposit refund the following requirements must be met:

• 50% diversion is required
• The permit holder may either haul their own recyclable materials to a City-Certified C&D facility, or hire a City permitted debris box company and request that the material be recycled to a City-Certified C&D facility. The City of San José has a non-exclusive franchise C&D hauler system in which only franchised debris box companies are allowed to operate within the City.
• Retain all receipts from the City-Certified C&D recycling facility. Weight tickets issued by the facility scale house must include the project address or permit number. A map of City-Certified C&D facilities lists all the facilities certified under the City Program.
• Reuse and donation require documentation such as photos, estimated weight quantities, or receipts from donation centers listing materials and quantities. A map of reuse and salvage businesses lists places around the Bay Area.

Recommendations for how to comply with the 50% diversion requirement

Waste generated at a construction site can be recycled in multiple ways:

• Source separate recyclables by material, such as cardboard, metal, wood, etc. into individual bins. Separating recyclables allows the permit holder to take advantage of higher recycling rates.
• Commingle recyclable materials into one box/bin that is delivered to a City-Certified C&D facility that specializes in sorting mixed C&D materials.
• If material is salvaged and reused on the site, estimate the quantities and document the reuse with pictures. Maintain records of all weight tickets and donation receipts.
• MSW (municipal solid waste), Trash, Rubbish are all weight ticket codes for material that is not recycled or diverted. Although the weight is counted towards the projected waste, diversion credit is not given for this material.

Deconstruction as a viable alternative to demolition

Given that demolition projects create material streams that are difficult to recycle by even the most efficient processing C&D facilities, it is recommended that the contractor assigned to the demolition job source-separate all the recoverable materials and limit the amount of rubble produced by these projects.

The Environmental Services Department encourages sustainability initiatives and supports deconstruction or adaptive reuse efforts within the building community. Deconstruction is a cost-effective and environmentally responsible alternative to conventional building demolition.

During deconstruction, the hazardous materials are removed, reusable appliances, flooring, and other building materials are salvaged, and nonreusable materials are recycled. Old buildings can have some of the best materials. Additional planning is needed to accommodate this work. To successfully deconstruct a building for salvage, it is advisable to employ a contractor that can identify and remove the usable materials. Materials could be used on another project, or they can be taken to a salvage yard or donated.

When deconstructing a building, special attention is needed to identify and remove any electrical components that may contain mercury such as lights, thermostats, and switches. These must be treated as hazardous waste.

Deconstruction can cost more than demolition because there is more labor involved. To offset this cost, you may donate materials to a nonprofit organization and may be eligible for tax deduction receipts.

How to submit documentation for CDD Deposit refund

1. Create a free account through Waste Tracking San Jose which is powered by Green Halo Systems. There are tutorial documents on how to create an account and how to submit a plan.
2. Create a Waste Management Plan (WMP) and submit it for approval. Once the project is approved, start uploading  your weight tickets. Upload your weight tickets as the project progresses. If you already completed the project and your tickets are from facilities that are not provided as a menu option when setting up the WMP, upload the waste tickets under the tab called Files.
3. Upload the CDD program application under the tab called Additional Requirements.
4. Submit your refund request by clicking the submission button for approval no later than 365 calendar days after the Final Building Inspection. A permit holder can submit for refund before the Final Building Inspection if the building process is completed.

You can also choose to email the CDD program application to CDDProgram@sanjoseca.gov. Staff will review the documents and respond within 90 business days.