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 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 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,
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 Ordinance 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 Ordinance 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 (department where appeal is to be
filed) shall be final.
The Code Enforcement Official, the Police Department, the Department
of Health, the Recycling Coordinator, the Property Maintenance Official,
Fire Marshal and the Housing Officer are hereby individually and severally
empowered to enforce the provisions of this Ordinance. 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, corporation, occupant, or entity that violates or
fails to comply with any provision of this Ordinance 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.