As used in this chapter, 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 rolloff 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 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.
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, 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 diverted
or disposed; and
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 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 in writing to the owner of the
entity carrying out the covered project.
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 and shall state the facts and basis
for the appeal. A decision by the Public Works Department shall be
final.
The Code Enforcement Official, the Police Department,
the Department of Health, the Recycling Coordinator, the Property
Maintenance Official, the Construction 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 not less than $250 nor
more than $1,000.