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 Enforcement 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, renovation and demolition
("C, R & D") 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 debris
recovery 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 Enforcement 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 that
was 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.
[Amended 7-11-2019 by Ord. No. 26-19]
The Municipal Recycling Enforcement 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. A copy of the determination that
the approved debris recovery plan has been complied with shall be
submitted to the Township Construction Official by the applicant prior
to the issuance of any certificate of approval, temporary or final
certificate of occupancy, as applicable, for the covered project.
An owner of the entity carrying out the covered
project may appeal a determination of failure to comply under this
article to the municipality within 30 days of the decision or determination.
The appeal shall be in writing, directed to the Business Administrator
or his/her designee, and shall state the facts and basis for the appeal.
A decision by the Business Administrator or his/her designee shall
be final.
[Amended 7-11-2019 by Ord. No. 26-19]
The Municipal Recycling Enforcement Coordinator shall have the
primary responsibility for enforcement of the regulations cited in
this article; provided, however, that the regulations shall also be
enforced by one or more of the following: 1) the Township's Property
Maintenance Officer or his or her designee; 2) the Health Officer/Environmental
Specialist or his or her designee; and/or 3) members of the Police
Department, each acting within their respective jurisdiction and sphere
of authority. In addition, other Township staff or agencies, including
but not limited to the Building Department, Engineering Department
and Public Works Department may, if they become aware of a violation
or possible violation of the regulations cited in this article, notify
the appropriate enforcement personnel of such violation. Enforcement
activities may consist of on-site inspections of dumpsters or roll-off
containers, the sorting of receptacles, the opening of solid waste
bags or containers to detect, by sight or sound, the presence of any
recyclable materials. The respective enforcing official may, in his
or her discretion, post warning stickers for a first offense.
Any person, corporation, occupant, or 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 of not less than $250,
nor more than $1,000. Each and every a day a violation occurs shall
be deemed a separate and distinct violation.