As used in this article, the following term shall have the meaning
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 is required, as further identified above. The debris recovery
plan shall identify the types and estimated quantities of construction,
renovation and demolition (CR&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 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 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.
Any 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 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, and the Recycling Coordinator 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 stickers for a first offense. An inspection may consist of
dumping and opening of solid waste bags or containers to detect, by
sound or sight, the presence of any recyclable material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any person, corporation, occupant, or entity that violates or fails to comply with any of the provisions of this article shall be subject, upon conviction, to the penalties provided in Chapter
1, Article
II, General Penalty.