[HISTORY: Adopted by the Township Committee of the Township of Lacey 9-24-2009 by Ord. No. 2009-17. Amendments noted where applicable.]
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 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 prior to the commencement of any covered project. The debris recovery plan shall identify the types and estimated quantities of construction, renovation 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.
Approval. A debris recovery plan shall be reviewed by the Municipal Recycling Coordinator and approved if it complies with this chapter. An approved debris recovery plan shall be marked "approved" and returned to the owner of the entity which submitted the plan.
Denial. A debris recovery plan shall not be approved if it does not comply with this chapter. If a debris recovery plan is not approved, the owner of the entity that 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 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.
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.
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.
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 construction, renovation and demolition 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 construction, renovation and demolition debris required by the adjustment.
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 for the issuance of a certificate of occupancy, the owner of the entity carrying out a covered project shall submit, in person or by certified mail, to the Municipal Recycling Coordinator, the Construction Code Official and/or the Zoning Officer, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
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 of;
Receipts from all facilities or service providers utilized to divert and dispose of materials generated during the covered project; and
Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
No certificate of occupancy or certificate of approval shall be issued without proof to the Construction Code Official or Zoning Officer that all of the aforementioned materials and other refuse and debris have been disposed of legally in the manner which was indicated on the origin and destination form. The contractor or person seeking the certificate of occupancy or approval shall provide any documents requested by the Construction Code Official or Zoning Officer which are necessary to prove where the aforementioned materials, debris or other refuse was disposed of, who disposed of same, that same was disposed of legally, that same was disposed of as was indicated on the origin and destination form, and any other relevant information requested by the Construction Code Official or Zoning Officer. Failure to provide any requested information or documentation shall result in denial of the issuance of the certificate of occupancy or approval. Further, failure to prove that all refuse was disposed of legally and in accordance with the application shall result in denial of the certificate of occupancy or approval.
The Municipal Recycling Coordinator, the Construction Code Official and/or the Zoning 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 Township of Lacey within 30 days of the decision or determination. The appeal shall be in writing, filed with the Clerk, and shall state the facts and basis for the appeal. A decision by the Township Committee shall be final.
The Code Enforcement Official, the Police Department, the Department of Health, the Municipal 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 dumping and opening of solid waste bags of containers to detect, by sound or sight, the presence of any recyclable material.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $250 nor more than $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.