[HISTORY: Adopted by the Mayor and Council of the Township
of Mount Olive 3-11-2008 by Ord. No. 15-2008 (Ch. 98 of the 1990
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A construction, renovation, or demolition project for which
a building permit or a demolition permit is required and for which
a dumpster or roll-off container shall be placed on premises for the
purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the Municipal Recycling
Coordinator and Code Enforcement Officer prior to the commencement
of any activity for which municipal approval is required, as further
identified above. The debris recovery plan shall identify the types
and estimated quantities of construction, renovation and demolition
(C,R&D) debris to be generated from the project, how each material
will be managed, and the name of each facility or service provider
that the entity will use to manage each material. The debris recovery
plan shall further detail how the applicant shall ensure that a minimum
of 50% of the materials to be generated will be separated and recycled.
A.
Approval. A debris recovery plan shall be reviewed by the Municipal
Recycling Coordinator and the Code Enforcement Officer and approved
if it provides for all of the information required by this chapter.
An approved debris recovery plan shall be marked "Approved" and returned
to the owner of the entity which submitted the plan.
B.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by this chapter. If a debris
recovery plan is not approved, the owner of the entity that submitted
the debris recovery plan shall be notified in writing that the plan
has been rejected, including the reasons for the rejection. In order
to obtain the building or demolition permit sought, the owner of the
entity that will carry out the construction, renovation, or demolition
project shall make the required changes and resubmit the debris recovery
plan to the Municipal Recycling Coordinator and the Code Enforcement
Officer.
A.
Application. If the owner of an entity carrying out a covered project
experiences circumstances that make it not feasible to comply with
the diversion requirement cited in this chapter, the owner of the
entity may apply for an adjustment. The owner shall indicate in writing
why it is not feasible to divert 50% of the materials being generated
from the covered project and specify what percentage of diversion
could be achieved. Increased costs to the owner of the entity carrying
out the covered project will not be an acceptable justification for
an adjustment.
B.
Review. The Municipal Recycling Coordinator and the Code Enforcement
Officer shall review the information supplied by the owner. If warranted,
the Municipal Recycling Coordinator or the Code Enforcement Officer
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
C.
Granting of an adjustment. If the Municipal Recycling Coordinator
and or the Code Enforcement Officer determines that it is not feasible
for the entity carrying out a covered project to divert 50% of the
generated C,R&D debris from the covered project, the percentage
of diversion required shall be adjusted. The owner shall be notified
in writing of the adjusted diversion requirement. The owner of the
entity carrying out the covered project shall be required to divert
the percentage of C,R&D debris required by the adjustment.
D.
Denial of adjustment. If the Municipal Recycling Coordinator and
or the Code Enforcement Officer determines that it is feasible for
the owner of an entity carrying out a covered project to meet the
diversion requirement cited in this chapter, the owner shall be notified
in writing of the denial of the diversion requirement adjustment.
Documentation. Upon completion of the covered project, but before
the final inspection, the owner of the entity carrying out a covered
project shall submit, in person or by certified mail, to the Municipal
Recycling Coordinator and the Code Enforcement Officer, the documentation
required to demonstrate that the applicant has met the diversion requirement.
The required documentation shall include the following:
A.
A completed debris recovery report, signed by the owner of the entity
carrying out a covered project, indicating the quantity of each material
generated during the covered project that was diverted or disposed;
B.
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
C.
Any additional information that the owner of the entity carrying
out the covered project believes is relevant to determining compliance
with the diversion requirement.
The Municipal Recycling Coordinator and the Code Enforcement
Officer shall review the information submitted pursuant to this chapter
and determine whether the owner of the entity carrying out the covered
project has complied or failed to comply with the diversion requirement.
The determination regarding compliance will be provided to the owner
of the entity carrying out the covered project in writing.
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this chapter to
the municipality within 30 days of the decision or determination.
The appeal shall be in writing, directed to the Department of Public
Works, and shall state the facts and basis for the appeal. A decision
by the Department of Public Works shall be final.
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official
and the Housing Officer are hereby individually and severally empowered
to enforce the provisions of this chapter. The respective enforcing
official may, in his or her discretion, post warning stickers for
a first offense. An inspection may consist of the dumping and opening
of solid waste bags or containers to detect, by sound or sight, the
presence of any recyclable material.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this chapter or any of the rules
and regulations promulgated hereunder, shall, upon conviction thereof,
be punishable by a fine of not less than $250 nor more than $1,000.