As used in this article, the following terms
shall have the meanings indicated:
COVERED PROJECT
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 the premises for
the purpose of placement of solid waste materials.
A debris recovery plan shall be filed with the
Municipal Recycling Coordinator 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 and demolition 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 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.
The Municipal Recycling Coordinator shall review
the information submitted pursuant to this article 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
article to the municipality within 30 days of the decision or determination.
The appeal shall be in writing and shall state the facts and basis
for the appeal. A decision by the Health Officer 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 article.
The respective enforcing official may, in his or her discretion, post
warning stickers for a first offense. An inspection may consist of
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 article
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.
If it is determined by a court of competent
jurisdiction that any provision or section of this article is unconstitutional,
all other sections and provisions shall remain in effect. This article
shall take effect immediately.