[Adopted 4-21-2009]
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.
A. 
Approval. A debris recovery plan shall be reviewed by the Construction Official and/or the Recycling Coordinator and approved if it provides for all of the information required by this article. 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 article. 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 who will carry out the construction, renovation or demolition project shall make the required changes and resubmit the debris recovery plan to the Construction Official and/or the 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 article, the owner of the entity may apply to the Construction Official and/or the Recycling Coordinator 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 Construction Official and/or the Recycling Coordinator shall review the information supplied by the owner. If warranted, the Recycling Coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement.
C. 
Granting of an adjustment. If the Construction Official and/or the Recycling Coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated construction and demolition debris from the covered project, the percent 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 and demolition debris required by the adjustment.
D. 
Denial of adjustment. If the Construction Official and/or the Recycling Coordinator determine that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this article, 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 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.