This chapter applies to any construction, renovation or demolition
project for which a building permit or demolition permit is required
and for which a dumpster or roll off container is being used for the
purpose of removal of solid waste materials.
A debris recovery plan shall be filed with the municipal recycling
coordinator prior to the commencement of any activity this chapter
applies to. 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.
The Municipal Recycling Coordinator 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 Borough 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 Borough Council 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 dumping and opening
of solid waste bags of containers to detect, by sound or sight, the
presence of any recyclable material. An enforcing officer may issue
a stop walk order for any clear violation of this chapter which shall
be withdrawn upon compliance with this chapter.
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 not less than $250, nor more than $1,000.
If it is determined, by a Court of competent jurisdiction, that
any provision or section of this chapter is unconstitutional, all
other sections and provisions shall remain in effect. This chapter
shall take effect immediately.