[HISTORY: Adopted by the Township Council of the Township of Monroe 4-28-2009 by Ord. No. O:15-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Disposal of construction debris — See Ch.104, Art. III.
Refuse collection and recycling — See Ch. 239.
[1]
This ordinance was originally adopted as Chapter 240, and was renumbered to maintain the alphabetical organization of the Code.
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.
A. 
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator 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 which submitted the 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 which 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.
A. 
Application. If the owner of an entity carrying out a covered project experiences circumstances that make it infeasible 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 infeasible 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 shall review the information supplied by the owner. If warranted, the Municipal Recycling Coordinator 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 determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&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&D debris required by the adjustment.
D. 
Denial of adjustment. If the Municipal Recycling Coordinator 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, 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.
A. 
If it is determined, by a court of competent jurisdiction, that any provision or section of this chapter is unconstitutional, all other sections and provisions shall remain in effect.
B. 
This chapter shall take effect immediately.