[Adopted 3-17-2009 by Ord. No. 09-03]
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 premises for the
purpose of placement of solid waste materials.
The owner of any project covered by this article shall contact
the Municipal Recycling Coordinator prior to the issuance of a building
permit and, if found by the Municipal Recycling Coordinator to be
practical, a debris recovery plan shall be filed with the Municipal
Recycling Coordinator prior to the commencement of any activity for
which municipal approval as further identified above is required.
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. If not practical, the applicant shall obtain a written
waiver.
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 make 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.
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.
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, in writing, to the owner of the entity
carrying out the covered project.
An 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 and shall state the facts and basis
for the appeal. A decision by the department where the appeal is to
be filed shall be final.
Wherever it appears that failure to comply is due to the magnitude
of a project, market conditions in recycling, or equipment or manpower
shortages, the Municipal Recycling Coordinator, in consultation with
the Superintendent of Public Works for the Borough of Westwood, may
waive compliance with this article, in whole or in part, in writing.
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 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.
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 of not less than $250 nor more than $1,000.
