[Adopted by Ord. No. 6-08 (Ch. 23, Art. II, of the 1978 Revised General Ordinances)]
As used in this article, the following term shall have the meaning
indicated:
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.
A.
Approval. A debris recovery plan shall be reviewed by the Municipal
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 to 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 that submitted
the debris recovery 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 that will carry out the construction, renovation, or demolition
project shall make the required changes and resubmit the debris recovery
plan to the Municipal Recycling Coordinator.
A.
Applicant. If the owner of an entity carrying out a covered project
experiences circumstances that make it not feasible to comply with
the diversion requirement cited in this article, the owner of the
entity may apply for an adjustment. The owner shall indicate in writing
why it is not feasible 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 Municipal Recycling Coordinator shall review the information
supplied by the owner. If warranted, the Municipal Recycling Coordinator
shall attempt to contact the owner to discuss possible ways of meeting
the diversion requirement.
C.
Granting of an adjustment. If the Municipal Recycling Coordinator
determines that it is not feasible for the entity carrying out a covered
project to divert 50% of the generated CR&D debris from the covered
project, the percentage of diversion required shall be adjusted. The
owner of the entity carrying out the covered project shall be required
to divert the percent of CR&D debris required by the adjustment.
D.
Denial of adjustment. If the Municipal Recycling Coordinator determines
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 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)]
