[Adopted 4-10-2008 by Ord. No. 2008-5]
As used in this article, the following terms shall have the
meanings 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 the 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 for a 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 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.
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
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 which 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 owner of the entity which 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 owner of an entity carrying out a covered project
experiences circumstances that makes it infeasible 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 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 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 infeasible for the entity carrying out a covered
project to divert 50% of the generated construction and demolition
debris from the covered project, the percent of diversion required
shall be adjusted. The owner shall be notified in writing of the adjusted
diversion requirement. The owner of the entity carrying out the covered
project shall be required to divert the percent 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 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 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.
An owner of the entity carrying out the covered project may
appeal a determination of failure to comply under this article to
the Borough Health Officer 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 Health Officer shall be final.
The Code Enforcement Official, the Police Department, the Board
of Health, the Recycling Coordinator, and the Zoning Officer 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 the dumping and opening of solid waste bags of 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 article 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. Each
day for which a violation of this article occurs shall be considered
a separate offense.
