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 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 and Code Enforcement Officer 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 Coordinator and the Code Enforcement Officer, 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.
The Municipal Recycling Coordinator and the Code Enforcement
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 municipality within 30 days of the decision or determination.
The appeal shall be in writing, directed to the Department of Public
Works, and shall state the facts and basis for the appeal. A decision
by the Department of Public Works shall be final.
The Code Enforcement Official, the Police Department, the Department
of Health, the 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 the dumping and opening
of solid waste bags or 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 chapter 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.