The purpose of this article is to establish
the Construction and Demolition Debris Diversion Program. This program
is intended to increase the diversion of construction and demolition debris from landfill disposal, conserve the capacity and extend the useful life
of landfills, and avoid the potential financial and other consequences
to the Township of failing to timely meet New Jersey Department of
Environmental Protection requirements.
All defined terms in this article appear in
italics and are found in sections of this code, except for the terms
"building permit" and "demolition/removal permit," which refer to
those terms respectively as used in the Code of Woolwich Township
and which, consistent with the Code, are not italicized in this article.
In addition, whenever the following words or phrases are used in this
article, they mean:
APPROVED RECYCLING FACILITY
A recycling, composting, materials recovery or reuse facility
which accepts construction and demolition debris and
which is an approved/licensed NJDEP Class A-D recycling center, or
a recognized facility by the Recycling Coordinator.
CONSTRUCTION AND DEMOLITION DEBRIS
The waste building materials, packaging, and rubble resulting
from construction, remodeling, repair, alteration, and/or demolition
operations on pavements, houses, all residential and nonresidential
developments, and other structures and may include, but is not limited
to, concrete, asphalt, wood, metals, bricks, block masonry, wallboard,
dirt, rocks, landscape waste, and other inert waste.
DISPOSAL
The final depositing of solid waste other
than construction and demolition debris at a permitted
landfill or facility.
HAZARDOUS WASTE
Has the same meaning as set forth in section 66.0102 of this
Code.
NJDEP
The New Jersey Department of Environmental Protection.
SOLID WASTE
All putrescible and nonputrescible solid, semisolid, and
liquid wastes, including, but not limited to, garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, construction and
demolition debris, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semisolid wastes, and other
discarded solid and semisolid wastes. Solid waste does not include hazardous waste, hazardous substances
or medical wastes, as those terms are defined in this Chapter 6 or
in state or federal law.
WASTE MANAGEMENT FORM PART I
The form prepared by the Recycling Coordinator on which an applicant for a building permit or demolition/removal
permit shall provide information including, but not limited to, the
types and amounts of construction and demolition debris the applicant anticipates each building/demolition
permit application will generate and the expected construction
and demolition debris diversion the applicant expects to achieve for that permitted action.
WASTE MANAGEMENT FORM PART II
The form prepared by the Recycling Coordinator on which the applicant for a building permit or
demolition/removal permit shall provide information including, but
not limited to, the documentary evidence in a form satisfactory to
the Recycling Coordinator demonstrating the construction and demolition debris diversion the applicant achieved for the development.
Recycling centers/facilities utilized must be
one of the following:
A. An approved Class A - D facility per the NJDEP.
B. A facility approved or recognized by the NJDEP or Recycling Coordinator. The Recycling
Coordinator will keep a list of such facilities on file at
the Township offices.
For all major subdivisions or major site plans,
the Planning/Zoning Board will allow, for the purpose of meeting this
article and for recycling purposes only, an area designated for recycling
containers.
A. This area or "compound" shall be used by the developer/contractor
of the project only, and shall be designed to allow secure access
via construction fence or other approved method in order to deter
nonconstruction persons from dumping into contractor's recycling containers.
B. The "compound" must be clearly defined on the land
development plans submitted to the Township for approval, and must
be approved by the appropriate Board prior to installation.
C. All diversion material temporarily
stored on the site prior to being hauled off-site to an approved facility
must be in containers or on a nonporous (paved) surface to prevent
soil and environmental contamination.
D. The "compound" may utilize the following areas of
the proposed development, provided it is not in any
environmentally sensitive or area otherwise not allowed for construction
purposes:
(1) Any proposed residential or commercial lot.
(2) Any area designated for proposed improvements, including
roadways, community facilities.
(3) Any area designated for open space (with exceptions
noted below).
E. Areas that will not be allowed include:
(1) Wetlands or wetland buffer areas.
(2) Wooded areas in the Tree Protection Zone that are
not otherwise to be disturbed.
(3) Stormwater management basins, trenches, swales, etc.
(4) Any area designated or noted as an endangered species
habitat.
(5) Any area that might otherwise jeopardize the safety
of the construction site.
All applicants will be required to participate
and comply with the article. Fines will be imposed by the Township
Police, Building Code Inspector or designated Township official. Any applicant who does not comply with the Construction and
Demolition Debris Diversion Program or does not provide the Township
with diversion receipts will be fined in accordance
with the graduated scale noted below.
A. First offense: $50 to $500.
B. Second offense: $250 to $1,000.
C. Third offense: $500 to $2,000.
D. Fourth offense: $1,000 to $3,000.
E. Fifth and subsequent offenses: $2,000 to $5,000.
If any part or parts of this article is/are
held to be invalid for any reason, then such adjudication shall not
affect the validity of the remaining provisions of this article.
All ordinances or provisions of ordinances that
are inconsistent herewith are hereby repealed to the extent of their
inconsistency.
This article shall become effective upon final
adoption and publication in accordance with the law.