The following terms shall have the following definitions:
COVERED PROJECT
A construction, renovation or demolition project for which
a building permit or a demolition permit is required and for which
a dumpster, roll-off container or any other vehicle in which such
material is transported shall be placed on premises for the purpose
of the placement of waste materials.
A debris recovery plan shall be filed with the Construction
Office, with a copy of the plan forwarded to the Recycling Coordinator,
prior to the commencement of any activity for City 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 Construction
Official and/or the 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 and disposed of in
accordance with this article;
B. Receipts from all facilities or service providers utilized to divert
and dispose of 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 Construction Official and/or the Recycling Coordinator shall
review the information submitted pursuant to this article 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 article to
the City 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 Director of Public Safety or his/her designee where
the appeal is to be filed shall be final.
The Code Enforcement Official, the Construction Official, the
Union City Police Department, the Department of Health, the Recycling
Coordinator, the Property Maintenance Official, the Housing Officer,
Hudson Regional Health Commission and the Hudson County Improvement
Authority are hereby individually and severally empowered to enforce
the provisions of this article. The respective enforcing official
may, in his or her discretion, post warning notice stickers for a
first offense. An inspection may consist of dumping and opening of
solid waste bags and containers to detect, by sound or sight, the
presence of any recyclable material.
Any person, corporation, occupant or other entity that violates
or fails to comply with any provision of this article or any of the
rules and regulations promulgated hereunder shall, upon conviction
thereof, be punishable by a fine no less than $250 nor more than $2,500.
Each day for which a violation of this article occurs shall be considered
a separate offense.