[Added 9-20-2011 by Ord. No. 15-2011[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
VI, Condominium Services Act.
A.
Pursuant to N.J.S.A. 40:48-2, the Legislature of the State of New
Jersey authorized municipalities to adopt laws, that are not contrary
to the laws of the state or the United States, that it deems necessary
and proper for the good government, order and protection of persons
and property, and for the preservation of the public health, safety
and welfare of the municipality and its inhabitants.
B.
The Solid Waste Management Act[1] was made effective May 6, 1970. The purpose of the Act
was to establish a framework for the coordination of solid waste collection,
disposal and utilization within the state. Pursuant to the Act, solid
waste management plans were adopted by each county and approved by
the Commissioner of the Department of Environmental Protection.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A.
The governing body of the municipality finds that the orderly collection,
disposal and utilization of solid waste is a matter of important public
concern to all residents living within the municipality. The efficient
collection and disposal of solid waste protects the public health,
safety and welfare. The efficient utilization of such waste is also
in the public interest.
B.
The terms and provisions of this article are to be liberally interpreted
so as best to achieve the purposes set forth herein. This article
shall be interpreted in harmony with the Solid Waste Management Act[1] and the current Cumberland County Solid Waste Management
Plan.
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
A.
The Commissioner in charge of the Streets and Roads Department is
hereby authorized to promulgate rules for the enforcement of this
article.
B.
The Municipal Recycling Coordinator is primarily responsible for
the enforcement of these regulations. However, the Commissioner is
authorized to designate such other municipal employees as may be necessary
to assist in the enforcement of the rules and regulations.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
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 the premises for
the purpose of placement of the debris.
The remains, rubble or solid waste material from a covered
project. This includes, but is not limited to, asphalt, brick, concrete,
scrap metal, tree stumps and trees.
Any individual, firm, partnership, corporation, association,
cooperative, enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, penalty, or imprisonment, the term "person"
shall include the officers and directors of a corporation or other
legal entity having officers and directors.
Any person pursuing a covered project shall file a debris recovery
plan with the Municipal Recycling Coordinator prior to the commencement
of the covered project. 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 person
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.
A.
Approval. A debris recovery plan shall be reviewed by the Municipal
Recycling Coordinator and approved if it provides all of the information
required by these regulations. An approved debris recovery plan shall
be marked "Approved" and returned to the person who submitted the
plan.
B.
Denial. A debris recovery plan shall not be approved if it does not
provide all of the information required by these regulations. If a
debris recovery plan is not approved, the person who submitted the
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 person who 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.
Application. If the person carrying out a covered project experiences
circumstances that make it infeasible to comply with the diversion
requirement set forth in these regulations, the person may apply for
an adjustment. The person shall indicate in writing why it is infeasible
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 person 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 person. If warranted the Municipal Recycling Coordinator
shall attempt to contact the person to discuss possible ways of meeting
the diversion requirement.
C.
Granting of an adjustment. If the Municipal Recycling Coordinator
determines that it is infeasible for the person carrying out a covered
project to divert 50% of the generated construction and demolition
debris from the covered project, the percentage of diversion required
shall be adjusted. The Recycling Coordinator shall notify in writing
the person carrying out the covered project of the adjusted diversion
requirement, and the person shall be required to divert the percentage
of construction and demolition debris required by the adjustment.
D.
Denial of adjustment. If the Municipal Recycling Coordinator determines
that it is feasible for the person carrying out a covered project
to meet the diversion requirement set forth in these regulations,
the Recycling Coordinator shall notify the person in writing of the
denial of the diversion requirement adjustment.
E.
Appeal. The person carrying out the covered project may appeal to
the Commissioner in charge of the Streets and Roads Department within
30 days of the decision made by the Municipal Recycling Coordinator.
The appeal shall be made in writing and shall set forth all of the
facts and basis for the appeal. A decision by the Commissioner shall
be made within 10 days and shall be final.
A.
Documentation. Upon completion of the covered project, but before
the final inspection, the person 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:
(1)
A completed debris recovery report, signed by the person carrying
out a covered project, indicating the quantity of each material generated
during the covered project and the quantity diverted or disposed;
(2)
Receipts from all facilities or service providers utilized to divert
and dispose materials generated during the covered project; and
(3)
Any additional information that the person carrying out the covered
project believes is relevant to determining compliance with the diversion
requirements.
The Municipal Recycling Coordinator shall review the information
submitted pursuant to these regulations and determine whether the
person carrying out the covered project has complied with or failed
to comply with the diversion requirement. The Recycling Coordinator
shall provide in writing the determination regarding compliance to
the person carrying out the covered project.
Any person who violates the provisions of this article shall
be subject to a penalty of not less than $250 nor more than $1,000
for each offense. If the violation is of a continuing nature, each
day during which it continues constitutes an additional, separate,
and distinct offense.
