[Adopted 4-21-2009]
The following terms shall have the following definitions:
A construction, renovation or demolition project for which
a building permit or a demolition permit is required and for which
a dumpster, roll-off container or any other vehicle in which such
material is transported shall be placed on premises for the purpose
of the placement of waste materials.
A debris recovery plan shall be filed with the Construction
Office, with a copy of the plan forwarded to the Recycling Coordinator,
prior to the commencement of any activity for City approval as further
identified above. 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 Construction
Official and/or the 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 who will carry
out the construction, renovation or demolition project shall make
the required changes and resubmit the debris recovery plan to the
Construction Official and/or the 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 to the Construction Official and/or the Recycling Coordinator
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 Construction Official and/or the Recycling Coordinator
shall review the information supplied by the owner. If warranted,
the Recycling Coordinator shall attempt to contact the owner to discuss
possible ways of meeting the diversion requirement.
C.
Granting of an adjustment. If the Construction Official and/or the
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 percentage
of construction and demolition debris required by the adjustment.
D.
Denial of adjustment. If the Construction Official and/or the Recycling
Coordinator determine 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 Construction
Official and/or the 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 and disposed of in
accordance with this article;
B.
Receipts from all facilities or service providers utilized to divert
and dispose of 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 Construction Official and/or the 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 City 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 Director of Public Safety or his/her designee where
the appeal is to be filed shall be final.
The Code Enforcement Official, the Construction Official, the
Union City Police Department, the Department of Health, the Recycling
Coordinator, the Property Maintenance Official, the Housing Officer,
Hudson Regional Health Commission and the Hudson County Improvement
Authority 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 notice stickers for a
first offense. An inspection may consist of dumping and opening of
solid waste bags and containers to detect, by sound or sight, the
presence of any recyclable material.
Any person, corporation, occupant or other 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 no less than $250 nor more than $2,500.
Each day for which a violation of this article occurs shall be considered
a separate offense.
